General Terms of Service

Activation, Cancellation or Modification. Services can be ordered, cancelled or modified by calling our offices at
(903) 854-1000 or toll-free at (800) 232-7839. In some cases we may be able to assist you remotely over the phone or via the Internet by computer in accordance with our fee schedules. Fees apply in accordance with our fee schedules for any work performed. Certain of our fee schedules may be listed on our website and are subject to change without notice. Any fees will be added to your bill if you are a current customer of Eastex, and payment will be due in the same manner as payment for other Eastex services. Cancellation will be effective as of the end of the month in which notice is received, and you will remain liable for Service charges for that month. Requests for upgrades to the Services which are accepted will take effect at the beginning of the next month following receipt of the upgrade request. Requested downgrades to the Services will be subject to standard installation charges, if any. Customers will receive a maximum of 30 minutes of technical support and thereafter will be charged $1 per minute.

By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in this Agreement,
including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the Eastex website, www.eastex.com, as amended, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling Eastex at the phone numbers listed above.

All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with this Agreement.

Modification of Agreement. This Agreement may be updated or changed by us from time to time. You can review the most current version of the Agreement at any time at: www.eastex.com. If Eastex makes a change to the Agreement and that change has a material impact on the Services, you will be provided notice of that change by contact to your current mail or email address in the records of Eastex. You agree to periodically visit the aforementioned website to review any such changes. Your continued use of the Services following the sending of such notice by Eastex, or the expiration of 30 days following posting of the change on the Eastex website, whichever occurs first, constitutes your acceptance of such changes.

Subscription for Services. Each Customer elects to subscribe to the Services for the Minimum Service Term set
forth on the Customer’s enrollment form or other subscription document commencing from the date of acceptance by
Eastex and installation, as applicable. If no Minimum Service Term is selected for the applicable Service, then the
Minimum Service Term shall be one month from the date of commencement of Service.

You agree that, should you terminate any Service prior to payment of all applicable amounts and/or fulfillment of the
Minimum Service Term commitment, you will be liable for, and agree to immediately pay, any applicable amount for
the following items which are not paid in full at the time of termination: (i) activation fee, (ii) installation fee, and/or (iii)
equipment charge. Additionally, by accepting the Service and terminating Service prior to expiration of the Minimum
Service Term, you agree to pay a reimbursement of the total reductions, discounts and promotional offerings accepted by you in connection with your agreement to accept Services. You acknowledge that these charges and fees are in addition to any other normally billed amounts that may be owed at the time of termination.

You are responsible for the following charges (to the extent applicable): all city, state, and federal taxes and other required charges on the Services;

Pricing Changes. Eastex reserves the right where allowed by regulation to change pricing for its Services at any time without notice to you; provided that Eastex will not change the basic rate for ordered Services during the Minimum Service Term commitment period applicable to you. Following expiration of a Minimum Service Term commitment, or upon any payment default by you, Eastex may adjust the rates for Services to reflect any pricing increases made by Eastex for the applicable Services.

Payment. Payment of each invoice for the Services is due in full, without deduction or offset, within 15 days
of the invoice date at the invoice address for payment. A late fee of $15.00 will be applied to unpaid accounts 22 days from the date of invoice. Accounts unpaid twenty-eight (28) days after the date of invoice may have their
service interrupted. You agree to pay interest on any amounts past due at the rate of 1 1/2% per month (or the
maximum amount required by law, whichever is less). You also agree that Eastex may suspend and/or terminate the
Services if any amounts due Eastex are not paid by their due date. Eastex may assign unpaid late balances to a
collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse Eastex for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

You will be charged a $25.00 fee for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

Any loss of Services caused by the action or inaction of the Customer, or by a defect or failure of Customer equipment, will not suspend Customer’s obligations to pay for the Services, and Customer shall remain liable for all applicable charges.

Credit Card and Credit Reporting Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize Eastex to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement is to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Eastex and/or any other company who bills for products or services or acts as billing agent for Eastex to continue to attempt to charge and/or place holds on your credit card with respect to all sums described herein, or any portion thereof, until such amounts are paid in full.

You agree to provide Eastex with updated credit card information upon Eastex's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this Agreement, you acknowledge and agree that neither Eastex nor any Eastex affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Eastex's option, to the account number provided for such automatic payment or electronic funds transfer plan.

To the fullest extent permitted by applicable law, you authorize Eastex to disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and periodically obtain and use your credit report and other credit information from credit reporting agencies, private credit reporting associations and other sources in connection with Eastex's offering of the Services. You understand that if you fail to fulfill the terms of your obligations to Eastex, Eastex may report your failure to credit reporting agencies as well as pursue Eastex’s other rights and remedies.

Advances or Deposits. We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in this Agreement or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Eastex of satisfactory payment history or as required by law, Eastex may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by Eastex or as required by law.

Access to Premises. You will provide Eastex with reasonable access to your premises in order to install, maintain,
and repair the Services, and you authorize any other adult resident or guest at your residence to grant access to your
premises for these purposes. You understand and agree that Eastex may drill, cut, and otherwise alter improvements
on the premises. If you do not own your premises, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations Eastex deems appropriate for the work to be performed. You acknowledge that Eastex may use existing wiring, including altering the wiring and removing accessories, located within your premises. Without limiting any other provisions of this Agreement, you agree to indemnify Eastex from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services or Equipment.

You agree that the installation, inspection, maintenance, repair, and/or removal of any equipment could result in service outages or potential damage to your equipment, computers, computer network and/or the contents thereof and/or the loss of any recorded programming. Accordingly, you agree that you are solely responsible for providing any needed back-up for your information and data or programming and that in no event will Eastex or any of its employees, agents, contractors, or business associates be liable for any loss of data or programming or damage to your equipment, computers, computer network and/or the contents thereof.

You are responsible for back-up, surge protection and protection from liability or damage of your premises or
equipment. Eastex has no liability or responsibility due in whole or in part to any Force Majeure Event. A Force Majeure
Event is any event, occurrence or condition arising or continuing due to factors beyond Eastex’s reasonable control
including, but not limited to catastrophic storms or floods, lightning, earthquakes and other acts of God, wars, civil
disturbances, revolts, insurrections, terrorist activity, sabotage, interruption of electrical service, disasters, fires,
explosions, or actions of a third party or government authority that were not requested, promoted or caused by Eastex.

You will be responsible for payment of service charges for visits by Eastex or its subcontractors to your premises when a service request results from causes not attributable to Eastex or its subcontractors.

Eastex Equipment. Unless expressly identified as being sold to Customer, title to all hardware and/or software provided by Eastex in connection with this Agreement (the “Equipment”) shall remain with Eastex. Eastex’s repair and maintenance obligations as to its Equipment are limited solely to ordinary wear and tear and shall not include maintenance and repair necessary as a result of any other cause, including without limitation, vandalism or intentional or negligent acts or omissions by the Customer or third parties. Maintenance and repairs related to such causes are the Customer’s sole responsibility and liability. The Customer shall provide appropriate space, power and environment for, and take reasonable care of, the Equipment. Customer agrees not to damage or misuse the Equipment. Unless expressly agreed to in writing, the Customer will be solely responsible and liable for connection of the Customer’s computers and other equipment to the Equipment. The Customer will at all times be solely responsible and liable for the maintenance and repair of Customer’s computers and Customer’s other equipment. Customer shall return to Eastex all Equipment within thirty (30) days following the expiration, cancellation or termination of this Agreement, or Eastex will charge the Customer the un-depreciated list price of the unreturned Equipment in addition to all applicable late return fees.

Limited Warranty. Subject to the specific terms applicable to the IP Voice Service set forth in this Agreement, Eastex will use reasonable efforts to provide Services and the Equipment in accordance with prevailing industry standards. EASTEX MAKES NO OTHER WARRANTIES CONCERNING THE SERVICES OR ANY EQUIPMENT PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES REGARDING THE DESIGN, CONDITIONS OF, OR QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SERVICES OR EQUIPMENT. IN NO EVENT WILL EASTEX BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF EASTEX’S OBLIGATIONS HEREUNDER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF EASTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY RELATED TO ANY DEFECT OR FAILURE OF THE SERVICES IS LIMITED TO A REFUND OF THE PRO RATED PORTION OF THE MONTHLY CHARGES FOR THE AFFECTED SERVICES UP TO AN AGGREGATE MAXIMUM OF ONE MONTH’S CHARGES.

Limitations on Use. You acknowledge that the Services are provided for your personal use and not for resale or assignment. No Services or Equipment may be transferred to another location or shared with another person who is not bound by this Agreement. You will not use the Services for telemarketing or any excessive usage inconsistent with normal residential usage patterns (or, if a commercial customer under a commercial service plan, consistent with normal usage for that plan). If Eastex determines, in its sole discretion, that you are reselling or transferring Services or that you are using Services in an improper manner or other manner unduly burdensome on Eastex’s network and facilities, Eastex reserves the right, without advance notice, immediately to terminate or modify the Services, or to change your Service plan to a different offer on a prospective basis, and, in addition, to assess additional charges for each month in which excessive usage occurred.

Indemnification. You agree to indemnify and hold Eastex and its subsidiaries, affiliates, directors, officers, agents and employees harmless from any claim, demand, action, citation, loss (including loss of profits or revenue), liability, damage, fine, penalty, legal proceeding or expense (including reasonable attorneys’ fees), including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss or destruction of any real or tangible personal property, made by any party against Eastex, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services or Equipment, your connection to the Services or Equipment, the provisioning or alleged failure to provision the Services or Equipment, a violation of any provision of this Agreement, or your violation of any rights of another.

PLEASE NOTE THAT IN ACCORDANCE WITH THE FOLLOWING TWO SECTIONS, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EASTEX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Disputes. Any claim, dispute or controversy arising out of or relating to this Agreement or the relationship among the parties hereto (a “Claim”), which cannot be resolved by negotiation, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). The arbitrator’s decision shall be final, binding and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve the Claim, including any claim that all or any part of the Agreement (including this Arbitration provision, but excluding the Section titled “Class Actions” below) is void or voidable. The arbitration proceedings shall be held in Rusk County, Texas and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein and the governing law of this Agreement. No arbitration will be combined with another without the prior written consent of Eastex. If Eastex prevails before the arbitrator and shows that you acted in bad faith in bringing a Claim, then Eastex may seek to recover the AAA fees and expenses from you, and you agree that the arbitrator shall be required to award such AAA fees and expenses. You and Eastex agree that any Claim arising out of or related to this Agreement or the Services must commence within one (1) year of the Claim arising; otherwise, the underlying cause of action shall be permanently barred.

Class Actions. You hereby expressly agree that any Claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple party or similar proceeding (each a “Class Action”). You expressly waive any ability to maintain a Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar Claims or conduct any Class Action or make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Miscellaneous. You acknowledge and agree that this Agreement, together with all other terms and conditions incorporated herein, constitutes the entire agreement of the parties for the provision and use of the Services and the complete and exclusive statement of the terms agreed upon, all prior agreements and understandings being merged herein. Neither this Agreement nor any interest herein of Customer may be assigned, sublet, or in any manner transferred by Customer without the prior, written consent of Eastex, which consent may be withheld in Eastex’s sole discretion. Any attempted assignment or transfer in contravention of the preceding sentence shall be void. A waiver by Eastex of any terms herein shall not be construed as a waiver of any subsequent breach of this Agreement. This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles. This Agreement is accepted and performed at Rusk County, Texas, and venue shall be proper only in that county. No amendments or modifications to this Agreement shall be effective or binding against Eastex unless expressly agreed to in writing by an authorized representative of Eastex.

Savings Clause. In the event any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal or unenforceable, and the remainder of this Agreement shall continue in full force and effect. Any invalid, illegal or unenforceable provisions shall be reformed and modified so that they express the original intent of the parties hereto as closely as reasonably practicable without being invalid, illegal or unenforceable.

Notices

Unless otherwise specified in this Agreement, notices to you may be made by email, posting on our website, bill insert, regular mail or call to your telephone number. It is your responsibility to check for such notices. Unless otherwise specified in this Agreement, notices by you to Eastex must be given by calling our offices at (903) 854-1000 or toll-free at (800) 232-7839 , and such notices are effective as of the date that our
records show we received your call.

LEGAL NOTICES must be given by letter delivered by overnight mail or certified mail to Eastex Telephone Cooperative, Inc., ATTN: Rusty Dorman, 3675 Highway 79 South, Henderson, Texas 75654.