DSL and High Speed Internet Service Disclosures

“High-Speed Internet and DSL Services” generally refers to and encompasses the services marketed as EarthLink Residential DSL Internet service, the EarthLink Freestanding Residential DSL Internet service, the EarthLink High Speed Internet service and any related software and tools described at a www.earthlink.net. Additional Fees for EarthLink High-Speed Internet and DSL Service Customers: The High-Speed Internet and DSL Services include a dial-up connection to the Internet for up to 20 hours per monthly billing cycle. In calculating the 20 hours of usage, the dial-up usage of each Device logged into your account to access the Internet is counted. For example, if you have two Devices logged in from 10:00 a.m. to 11:00 a.m., your total usage for that time period will be 2 hours of usage. If your dial-up connection usage exceeds 20 hours per month, you will be charged an additional $1.00 per hour (up to a maximum of $21.95 per month), pro-rated to the minute, through the end of the monthly billing cycle. Local Telephone, Toll and Long Distance Charges: EarthLink will provide you with a dial-up access number to access the Service (“POP Number”). When using the Service, you are solely responsible for determining if use of a particular POP Number will cause you to incur long-distance, toll, or any other charges, EarthLink does not guarantee that any POP Number that EarthLink provides will be a local call from your location. EarthLink is not responsible for any long-distance, toll, or other charges you incur.EarthLink may change its POP numbers at any time. EarthLink reserves the right to direct you to use certain POP Numbers to access the Service or to restrict use of specific POP Numbers. Equipment Terms: The EarthLink High Speed Internet service (“Internet Service”) generally requires special equipment that EarthLink will arrange to be installed in your home (“Internet Equipment”). EarthLink will charge an upfront installation charge to your account and coordinate with you to schedule the date of equipment installation by a service technician at your Service address.The technician will determine the most appropriate installation location for the Internet Equipment to support your Internet Service. If you prefer a different installation location, additional charges may apply. If you cannot agree on the installation location for the Internet Equipment, or you do not want to pay additional charges, you may cancel the Internet Service. All charges incurred will be refunded to your EarthLink account or your credit card on file.If existing wiring does not meet EarthLink’s standards, additional charges may apply for a wiring upgrade. If you request additional wiring, charges may also apply. After the Internet Equipment has been installed, if you wish to move the Internet Equipment to a different location within your Service address, it is your responsibility to contact a third party vendor. THE INSTALLATION OF THE INTERNET EQUIPMENT AND THE FIRST USE OF THE INTERNET SERVICE MAY INTERFERE WITH THE NORMAL OPERATION OF A MONITORED ALARM OR EMERGENCY RESPONSE SYSTEM. IT IS ESSENTIAL THAT YOU TEST ANY ALARM SYSTEMS IMMEDIATELY FOLLOWING INSTALLATION OF THE INTERNET EQUIPMENT. IN NO EVENT WILL EARTHLINK BE RESPONSIBLE FOR ANY CLAIMS OR DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY FAILURE OR MALFUNCTION OF ANY ALARM SYSTEMS, WHETHER OR NOT CAUSED BY ANY INTERFERENCE WITH OR FROM THE INTERNET SERVICE.In some cases, installation of the Internet Equipment may require the inactivation of your current landline home phone service, if applicable, to complete the installation process. After installation, it is your responsibility to cancel your landline telephone service with your provider so that you will not continue to be billed for landline home phone service. DSL Equipment Policy: If you leased any DSL Equipment from EarthLink, the following shall apply: All DSL Equipment returns must have an EarthLink-provided shipping label and the original packaging (or equivalent). If you cancel your account and return all DSL Equipment within thirty (30) days of your shipping date (the date EarthLink mails your Equipment), EarthLink will refund all Equipment-related fees incurred to date, excluding postage and handling. EarthLink will not refund any fees after thirty (30) days of your shipping date. EarthLink will mail you a shipping label upon cancellation and will not accept returns without an EarthLink-supplied shipping label.EarthLink, in its discretion, may replace DSL Equipment due to manufacturer’s defect at no cost to you under the following circumstances: you call the EarthLink Technical Support Department within one year of your original shipping date; the EarthLink Technical Support Department certifies that a defect has occurred; and you return the DSL Equipment in the original packaging (or equivalent) using an EarthLink-provided shipping label within thirty (30) days of certification. Upon certification, EarthLink will ship replacement DSL Equipment to you. Failure to return the certified DSL Equipment within thirty (30) days of certification will result in a charge for the new DSL Equipment. EarthLink will not accept the return of DSL Equipment without EarthLink Technical Support Department certification and shipping label after thirty (30) days from the original shipping date. EarthLink will not replace any DSL Equipment, including replacements, after one year from your original shipping date.