TERMS OF SERVICE

CONDITIONS & DISCLAIMER

Urban Communications, Inc. (hereinafter called “we”, “our”, or “us”) and its management expressly disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for any particular purpose. We will not be responsible for any damage, including direct, indirect, consequential or incidental, that you or any third party may suffer. This includes, but is not limited to, loss of data resulting from delays, non-delivery, miss-delivery, or service interruptions as a result of our actions. You explicitly assume all risks, hold harmless, and indemnify us against any damages that may arise due to viruses, worms, Trojan Horses, logic bombs, trap doors or other computer diseases and security violations that are obtained or exercised while using our service. Notwithstanding the foregoing limitations of liability, in the event a court should find us liable for any damages whatsoever, you agree that the extent of the damages shall be limited to the unused balance of your subscription payment. Under no circumstances shall we be liable for any consequential damages resulting from the use of our services.

Use of any information obtained from or through our service is entirely at your own risk. We make no warranties and accept no responsibility for the accuracy or quality of such information. You further assume all risk of damage from any use of such information. You acknowledge that we do not have sufficient knowledge of your equipment, configuration, nor sufficient resources, to screen and forward information regarding any dangers which may arise to due to using our service.

The service may only be used for lawful purposes. Transmission and/or retransmission of any information, communication, material or content (hereinafter collectively referred to as “Content”), in violation of any federal or state regulation is prohibited. You agree to indemnify and hold harmless Urban Communications, Inc. from any claims resulting from your use of this service, which damages you or another party. At our discretion, we may revoke your access to our service for inappropriate usage. You agree to indemnify and hold Urban Communications, Inc. harmless for any use of copyrights or trademarks in their files or material communicated over the Internet. We reserve the right to refuse service to anyone or any organization. We reserve the right to delete your files without notice. Use of our service constitutes your agreement and consent to be bound by all terms of service set forth herein.

If you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of ours in operating this service, your sole and exclusive remedy is to discontinue using the service, without refund.

You agree that in the event a dispute were to arise, the venue of any litigation shall be the Circuit Court of Cook County, Illinois and that the laws of the State of Illinois shall govern the interpretation of this agreement. You shall be responsible to pay all attorneys’ fees and costs associated with enforcement of this agreement.

PRIVACY POLICY

Personal Information Collection

Personal information includes any and all data, which may and/or can be used to identify, either directly or indirectly, an individual. The information that we may collect from you includes, but may not be limited to: the subscriber(s) name(s), service address(es), billing address(es), e-mail address(es), telephone number(s), social security number(s), tax identification number(s), and bank and/or credit car/debit card number(s). Depending on the nature of your service, and if it includes customer proprietary network information (hereinafter simply referred to as “CPNI”), personal information may also include, but may not be limited to: phone location(s), service location(s), the type and/or nature of the service(s) provided, quality of service(s), the amount of service(s) and/or usage of service(s), and patterns associated with the amount, usage, and/or nature of service(s).

Urbancom will not collect any Personal Information about you unless, (1) the Personal Information is voluntarily provided to us and/or our partners, you provide your explicit consent to collect your Personal Information, or unless it is permitted by applicable laws and regulations, or required for us to provide you services. In addition, you can always “opt out” of our use of CPNI used by us for marketing at any time by emailing tos@urbancom.net.

CPNI for VoIP Telephone Communications

Pursuant to an order of the Federal Communications Commission (the FCC), the broadband Internet access service offered by Urbancom is now classified as a “telecommunications service.” Certain information relating to your use of our broadband Internet access service will be considered CPNI and subject to additional privacy protections and use restrictions contained in federal law, but not to the FCC’s related rules implementing that law, many of which were designed specifically for telephone service. In the absence of specific guidance from the FCC, we will take reasonable, good faith steps to protect the CPNI of our broadband Internet access service customers in accordance with the requirements of federal law, as applicable, and as described in this Privacy Notice. Urbancom provides “VoIP” phone service. In an Order released by the Federal Communications Commission in April 2007, the Commission modified its rules regarding CPNI, and also determined that its rules (as modified) regarding CPNI apply to VoIP services effective December 8, 2007. If you are a customer of our VoIP phone services, you have the right, and Urbancom has a duty, under the Telecommunications Act, to protect the confidentiality of CPNI. We will also honor any restrictions applied by state law, to the extent applicable. WE EXPLAIN HEREIN IN GREATER DETAIL THE RULES REGARDING CPNI, AND THE CHANGES TO THE. THE LAW ALLOWS US TO USE YOUR CPNI FOR CERTAIN PURPOSES TO MARKET ADDITIONAL PRODUCTS AND SERVICES TO YOU UNLESS YOU DENY OR RESTRICT YOUR APPROVAL. WE WILL ASSUME THAT YOU APPROVE OUR USE OF CPNI FOR THE PURPOSES DESCRIBED BELOW UNLESS YOU CONTACT US TO DENY OR RESTRICT YOUR APPROVAL.

Personal Information Use

If/When/During the time we collect your Personal Information, we use the Personal Information in order to provide customer service and/or customization to your account, process payment(s)/collection of fees on your account, market and/or provide offer(s) of new service(s) that may benefit your account(s), conduct surveys regarding our services/your customer experience, maintain and/or operate service, including, but not limited to, technical support, hardware support, and/or software support, prevent fraud/fraudulent activities.

Urbancom may also transmit, collect, and/or store, for a short period of time, Personal Information, and/or non-Personal Information, during use of high-speed internet and/or phone services, in order to send/receive e-mail(s), send/receive telephone call(s), send/receive video mail(s), send/receive video message(s) and/or instant message(s), transfer and/or share files, including data files, visit website(s), send/receive voice message(s), and/or engage in means of customer support for the aforementioned services.

We also use the information we collect to improve the content of our website and/or service(s), to notify customers of updates to our website and/or services, and to contact customers for marketing and sales purposes, including, but not limited to, service renewals and products and/or service additions, which may be beneficial to a customer’s specific wants, needs, and/or interests.

Regarding your CPNI, Urbancom may use, disclose, and permit access to your CPNI , either directly or indirectly, as it relates to billing and collection services and protection of rights and property to users and services, including, but not limited to, protections against fraudulent activities. Urbancom may not use your CPNI as it relates to marketing products and/or services, even to you, unless it relates to an upgrade and/or enhancement of the services already provided, or you have provided authorization and/or approval to market products and services. You may affirmatively revoke any authorization and/or approval, or limit your authorization and/or approval at any time.

We agree to maintain confidentiality of your address, telephone number, and credit card data as provided on your application and modified by you from time to time, except as authorized by you or as required by law or legal process.

We consider e-mail processed via our service to be the correspondence between the sender and recipient. We will not monitor or disclose the contents of your e-mail, except that you agree that we may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the Terms of Service; (d) to respond to claims that such contents violate the rights of third-parties; or (e) to protect the rights or property of Urban Communications, Inc. or others. However, we cannot guarantee the confidentiality or privacy of those communications over the Internet. Those requiring secure communications should use the necessary software which is available to encrypt your communications.

You understand and agree that in processing of e-mail communications, review of e-mail may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of our service; (d) to insure proper identification of the sender of an e-mail from our server, or (e) to conform to other similar technical requirements.

Non-Personal Information Collection and Use

If/when you access our website, we may automatically collect non-Personal Information even if you don’t register, including, but not limited to, your operating system, website domain and/or re-direction location, the number of visits to our website, the average time spent on our website and/or website page, and/or the specific website page(s) visited. We may use and share this non-Personal Information and/or data with third-parties to monitor the content and relevancy of the content on our website to improve the performance, content and/or the user experience.

Accessing our website your communications data may technically generate access to your IP Address or like information, which depending on the applicable law, may constitute Personal Information. To the extent it is a necessity, the collection and processing of this potentially Personal Information, and the subsequent use of such data will only occur and be performed in accordance with the applicable data privacy protection framework and laws.

Non-Urbancom and Third-Party Disclosure of Personal Information

As part of your relationship with Urbancom, we may store, process, or share your Personal Information with a third-party in order to, or in furtherance of our providing service and support to your account(s).

To provide the best possible service to you, we need to disclose information to third-parties. We need your explicit consent to share your Personal Information with them. Third parties with whom we share your Personal Information are all bound by all relevant and applicable data privacy laws, and the terms of confidentiality and Privacy Policy of Urbancom.

Urbancom may also share non-Personal Information with third-parties. This non-personal information is shared with your explicit consent; however, it is likewise treated as Personal Information and protected by applicable data privacy laws, and the terms of confidentiality and Privacy Policy of Urbancom.

Urbancom may also be required to release and disclosure Personal and/or non-Personal Information to public and/or governmental authorities as required by law, or due to an investigation of a national security threat. Urbancom will be compliant with such requests from public, legal/law enforcement, and/or govenmental agencies after a review and reasonable effort to enforce the terms and conditions of confidentiality and Privacy Policy of Urbancom and to protect your interests where possible.

Limitations

Urbancom will only collect, use or disclose Personal Information supplied by you for the purposes described above, if the use of the Personal Information is necessary for the preparation of, negotiation of and/or performance under a contract with you, or if the use of Personal Information is required by law or competent governmental authority, is necessary to establish or preserve a legal claim or defense against a legal claim, or is necessary to prevent fraud or other illegal activities.

Collection of Cookies/Automatic Data

Urbancom’s websites, advertisements, emails, and/or online services may use certain automatic data collection technologies such as cookies, web beacons, and pixel tags to collect data, including, but not limited to, Personal Information during the time of your access and/or use of our website and/or other products. The collection of user data helps us to understand our users’ behaviors and distinguish you from other users of our website, by allowing us to to improve our services and provide you with a better use experience.

Definitions/Explanations:

A “cookie” is a piece of information/data, which is stored on your computer’s hard drive by your web browser. If/when you visit our website, our server recognizes the cookie, giving us information about your visit to the website. Your browsers, as with many browsers, may accept cookies automatically. You can also adjust the settings in your browser to disable automatic acceptance of cookies. If you choose not to use cookies, you may experience limited functionality of our website. Notably, our Privacy Policy only covers Urbancom’s use of cookies and does not cover the use of any use of cookies by advertisers. Urbancom does comply with global regulations including the EU Cookie Directive. Visitors to our website are advised of our use of cookies upon landing on our website.

A “web beacon” helps us better manage the content of our website by informing us of what content is effective. A web beacon is incorporated into a web page and/or an email to keep track on a user’s activity on the page or the email, and sends the data to Urbancom’s server. The web beacon cannot and be used to identify the user, and does store any data on your computer.

Data/Information collected by cookies and similar technologies with Urbancom are considered non-Personal Information (as described above), unless subject to local law where IP addresses (or like identifiers) are otherwise considered Personal Information.

Data Security

To protect your Personal Information against accidental or unlawful destruction, loss, alteration, and/or other unauthorized use, Urbancom uses technical and organizational security measures to prevent any unauthorized disclosure or access.

Data Security Breach

Urbancom will notify any customer whose CPNI information has been breached.

Third Party Websites and Links

Urbancom is only responsible for privacy practices of Urbancom and its website, but Urbancom’s website may contain links to other website(s) for additional information and convenience. Urbancom does not control, endorse, or make any representation about other website(s), their privacy policies, or whether a privacy policy exists, and is not responsible for the privacy practices of those other website(s).

Right to be Erased

Urbancom is committed to taking reasonable steps to ensure that any Personal Information requests are erased, under the confines of our existing technology, and done so in a reasonably prudent time frame. Such a request cannot and does not apply to information that you have made public released to third parties yourself. Urbancom will do everything possible to erase your Personal Information if you opt out from receiving information for us and request the right to be erased. Again, these requests are subject to potential technical impossibility due to limitations to existing technology, or for other legal reasons mandated by local law.

Changes to this Privacy Policy

As a technology company, our systems will mature and change as will this Data Privacy Policy. Changes to this Data Privacy Policy with the most recent revision date will be posted on our website. We will take the steps to notify you of the material changes to this Data Privacy Policy by posting the changes here or directly contacting you.

How to Contact Urbancom/How do I opt-in/opt-out

You may send an email to tos@urbancom.net if you wish to opt out of our use of CPNI data for marketing purposes. Notwithstanding that request you may receive emails from us that may be considered marketing.

CPNI information of Minors We do not knowingly collect any information relating to a minor. Pursuant to our contracts all access to our services is by Adults or children under the direct supervision of an Adult.

USER CONDUCT

We will provide to you one or more login names, login passwords, e-mail names, and e-mail passwords in accordance with the type of account you have. You agree that you are responsible for maintaining the confidentiality of the passwords, and are fully responsible for all activities which occur under your login name and/or password. You agree to immediately notify our Security Department if you discover any unauthorized use of your user name or password or other breach of security on your account.

While using our service, you may not: (a) Restrict or inhibit any other user from using and enjoying the Internet; (b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, intimidating, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or International law, including without limitation the U.S. export control laws and regulations; (c) Post or transmit any information or software that contains a virus, cancelbot, Trojan horse, worm or other harmful component; (d) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (e) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.

We have no obligation to monitor this service. However, you agree that we have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect ourselves or our network members. We will not intentionally monitor or disclose any e-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of the Terms of Service.

We are not responsible for loss or deletion of e-mail or webspace files on our computer. You are responsible for maintaining backup copies of your webspace files and for removal of e-mail after retrieval from the e-mail server to your computer unless special arrangements have been made in advance with the urbancom.net Postmaster. We may establish an upper limit on the size of e-mail storage we will maintain for you and delete excessive e-mail if you fail to do so following notice to do so via e-mail or other means.

You understand that we may e-mail you important correspondence from time to time regarding the operation of our servers and/or network, renewal reminders and/or invoices, technical notices regarding your ftp space and/or e-mail space, or other documents. This requires that you regularly read the e-mail posted to your Urbancom.net e-mail account. Failure to read this e-mail does not relieve your responsibility to conform with the contents.

If you exceed the amount of space permitted for your webspace we will, after notifying you and giving you opportunity to remedy this, charge you for the additional space in accordance with our standard pricing schedule.

FRAUDULENT ACTIVITY

Hacking any portion of our network or using our network to illegally access other networks is strictly forbidden. If you are found trying to access systems without authorization, your account will be terminated and prosecuted to the full extent of Federal and State law.

Any user who attempts to access our server or any portion of our network in any manner or for any purpose for which you have not been authorized, or who is found to be utilizing our network for purposes that violate our Terms of Service, shall be charged the minimum sum of $500 for time expended in identifying or correcting any damage caused to our servers or network or investigating the improper activity. This amount will be immediately charged to your credit card on file. This amount does not limit other damages which may be sought against you in a court of competent jurisdiction.

BILLING AND RELATED TOPICS

You agree that all information provided on your application is true and correct. Any false information is a violation of your agreement with us. Persons providing false information will be subject to immediate disconnection. You further agree to keep us up-to-date with all information which may change, including address, phone numbers and credit card information. If your credit card is rejected for any reason by the credit card company, your account is subject to immediate “hold” status and possible disconnection. Payments are due immediately by check unless another suitable credit card number can be provided.

ADULT CONTENT ON THE INTERNET

Parents understand that there may be material available on the Internet which is unsuitable for viewing by those under the age of 18. The parents agree that they will be solely responsible for monitoring the use of the account by their children. Parents agree that they hold us harmless and indemnify us for any actions of their minor children while using this service. We provide information regarding available software parents may use to limit the access of their children to materials unsuitable for viewing by minors. Each subscriber agrees that he will not transmit or receive any material which violates any Federal, State or local law in any jurisdiction where the material is either sent or received.

SPAMMING

It is considered a violation of our policy, to: (a) Post a single article, announcement, or advertisement to more than one newsgroup, forum, e-mail mailing list, or other similar group; (b) Post multiple copies of the same message to a newsgroup, forum, e-mail mailing list, or other similar group; (c) Post to any Usenet or other newsgroup, forum, e-mail mailing list, or other similar group articles which are off-topic according to the charter or other FAQ or description of the group or list; (d) Send unsolicited mass e-mailing to anyone; (e) Engage in any of the foregoing activities using the service of another provider, but channel such activities through our servers or access numbers, or use your Urban Communications, Inc. account as a maildrop for responses; (f) Falsely identify yourself to someone on the Internet via e-mail or newgroup posting. Violators are subject to immediate termination of their account.

You understand and agree that we use software on our e-mail server to insure that all outgoing e-mail from your account contains your actual login name and real name in the “From” line of the message header.

We will not tolerate users trying to ‘SPAM’ the network. “Spamming” is the transmission via e-mail or newsgroup posting of material in any form including, but not limited to “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail, to another party without their express consent. We will terminate your account immediately if you violate this policy. In addition, you understand that your credit card on file will be charged a minimum of $500.00 immediately to compensate us for the time expended in identifying or correcting any damage caused to our servers or network and investigating your improper activity. We will also provide your full name, address, and telephone numbers to anyone complaining about your activities.

WRITTEN SERVICE AGREEMENTS

In the event you have signed a written agreement with us, the terms of that agreement shall govern in the event that any terms conflict with what is posted here.