Legal

This ADDENDUM to the Services Agreement relates to the provision of IP address assignment services provided by Cbeyond to the Customer.

1. INTRODUCTION. CBEYOND is a broadband applications services provider and is responsible for the registration, administration, and conservation of Internet Protocol ("IP") address space within its network. Customer wishes to apply to CBEYOND for public IP addressing services including an allocation of Internet Protocol ("IP") address space.
2. TERM. Upon acceptance by CBEYOND this Addendum shall be effective for one year starting on the date the public IP address space are initially electronically allocated and/or assigned by CBEYOND to Customer. This Addendum shall be renewable on the anniversary date of the initial allocation and/or assignment and each year thereafter, subject to the then applicable terms and conditions established by CBEYOND, unless sooner terminated in accordance with the termination provisions of this Addendum.
3. FEES AND PAYMENTS. Customer agrees to pay a registration fee, identified in the Services Agreement between Customer and CBEYOND or as otherwise provided to Customer by CBEYOND, to CBEYOND as consideration for receiving an allocation of IP address space. Customer agrees to pay the registration fee upon receiving the requested allocation of IP address space. Customer agrees to pay a renewal registration fee at the annual anniversary date on which this Addendum is to be renewed. Customer agrees that if, for any reason, Customer does not pay the renewal registration fee for IP address space this Addendum will not be renewed and the IP address space previously allocated may be revoked by CBEYOND. CBEYOND reserves the right to change its fees, prices, to institute new or additional fees, and to change its policies, methods, or procedures with respect to billing, fees and pricing, at any time upon notice to the Customer.
4. REGISTRATION SERVICES. Registration services provided by CBEYOND to Customer include, but are not limited to: allocation of IP address space, inverse addressing on network blocks, maintenance of network records, and administration of IP address space. CBEYOND will evaluate Customer's request for IP address space based on CBEYOND's Internet Protocol Address Assignment Policy, which are incorporated herein by reference and made a part of this Addendum. Customer
5. INTERNET PROTOCOL ADDRESS ASSIGNMENT POLICY. Customer agrees, as a condition to submitting this Addendum, and if this Addendum is accepted by CBEYOND, to be bound by the terms of CBEYOND's Internet Protocol Address Assignment Policy which is incorporated herein by reference and made a part of this Addendum and any renewals hereof. Customer agrees that CBEYOND may, at any time, modify or amend its Internet Protocol Address Assignment Policy and that such modifications or amendments shall be binding upon the Customer. Customer agrees that all requests for an allocation of IP address space, whether made under this Addendum or any renewals of this Addendum must be in compliance with CBEYOND's Internet Protocol Address Assignment Policy as published on CBEYOND's web site.
6. REVIEW OF CUSTOMER'S IP ADDRESS SPACE. Customer agrees that CBEYOND reserves the right to review, at any time, the utilization of previously allocated IP address space made to Customer under this Addendum or under any renewals of this Addendum. Customer agrees that if IP address space are not being used for the purpose allocated and/or assigned, CBEYOND reserves the right to revoke the IP address space not being used for the purpose allocated.
7. COOPERATION. Customer agrees to provide CBEYOND with all information, assistance and cooperation which CBEYOND requests for its review of Customer's utilization of allocated IP address space. Customer agrees that failure to provide CBEYOND with all information, assistance and cooperation may result in the revocation of the current IP address space allocated or may adversely impact Customer's future allocation of IP address space.
8. LIMITATION OF LIABILITY. Customer agrees that our entire liability, and your exclusive remedy, with respect to any IP address allocation provided under this Addendum and any breach of this Addendum is solely limited to the amount it paid for such IP address allocation. CBEYOND shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the IP addresses or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. CBEYOND disclaims any and all loss or liability resulting from, but not limited to:
   1. loss or liability resulting from access delays or access interruptions;
   2. loss or liability resulting from data non-delivery or data mis-delivery;
   3. loss or liability resulting from acts of God;
   4. loss or liability resulting from the unauthorized use or misuse of the IP address allocation;
   5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Addendum;
   6. loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of network services or data due to unauthorized network access, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
9. INDEMNITY. Customer agrees to release, indemnify, and hold CBEYOND, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation American Registry For Internet Numbers (ARIN), and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Addendum, the Services provided hereunder or your use of the Services, including without limitation infringement by Customer, or someone else using the Service with its computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When CBEYOND is threatened with suit by a third party, CBEYOND may seek written assurances from Customer concerning its promise to indemnify us; its failure to provide those assurances may be considered by CBEYOND to be a breach of your Addendum and may result in CBEYOND revoking Customer's IP address allocation.
10. DISCLAIMER OF WARRANTIES. Customer agrees that use of our IP address allocation is solely at its own risk. You agree that such IP address allocation is provided on an as is," as available" basis. CBEYOND expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. CBEYOND makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of Service is done at its own discretion and risk and that it will be solely responsible for any damage to computer systems or loss of data that results from the download of such material and/or data. CBEYOND makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by Customer from CBEYOND or through the Service shall create any warranty not expressly made herein.
11. RIGHT OF REFUSAL. CBEYOND, in its sole discretion, reserves the right to refuse to allocate IP addresses to Customer or register it for other Services within thirty (30) calendar days from receipt of payment for such services. Customer agrees that CBEYOND shall not be liable for loss or damages that may result from our refusal to allocate IP addresses or register Customer for other Services.
12. TERMINATION. This Addendum or any renewal Addendum may be terminated: by CBEYOND if Customer fails to pay the renewal annual registration fee when due or is in default of any other provision of this Addendum or of any renewal Addendum. by Customer upon written notification to CBEYOND prior to any annual renewal date that Customer does not wish to renew this Addendum. Customer agrees that in the event this Addendum or any renewed Addendum is, for any reason, terminated, the IP address space allocated by CBEYOND shall be revoked by CBEYOND.
13. SEVERABILITY. The terms and provisions of this Addendum are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.
14. CONFLICT. With respect to the services provided under this Addendum, to the extent that the provisions of this Addendum directly conflict with the Services Agreement or Cbeyond's service terms and conditions, the provision of this Addendum shall prevail.
15. GOVERNING LAW. Customer agrees that this Addendum shall be governed in all respects by and construed in accordance with the laws of the state of Georgia, United States of America. By submitting this Addendum to CBEYOND for approval, Customer consents to the exclusive jurisdiction of the state and federal courts sitting in Atlanta, Georgia in any action, suit or proceeding hereunder and hereby waive trial by jury

USE OF THESE SERVICES CONSTITUTES FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF THIS ADDENDUM.