TERMS AND CONDITIONS

1. Acceptance of the Terms and Conditions. These RCN Starpower Terms and Conditions is an agreement (“Agreement”) between the subscriber (“you,” “your” or “Subscriber”) and RCN Digital Services, LLC (“RCN,” “us” or “we”), it successors and assigns. This Agreement describes the terms and conditions under which you agree to use RCN’s Starpower Internet Phone Service (the “Service”) and under which we agree to provide the Service to you. This Agreement also governs the provision, use, and return of the Equipment (as hereinafter defined) used in conjunction with the Service. You are deemed to have accepted this Agreement upon the earlier of: (a) submitting your online order, or over the telephone with a RCN representative; (b) accepting these Terms and Conditions of Service electronically during registration; or (c) your using the Service. RCN may change the Terms and Conditions of this Agreement from time to time, including, without limitation, rates and fees. Notices will be considered given and effective on the date posted at www.starpower.net. The Agreement posted on the above referenced website supersedes all previously agreed to electronic and written Terms and Conditions.
    
2. Definition of Services. RCN’s Starpower Internet Phone Service is an enhanced voice communication service which uses the Internet to transport voice communications that have been converted into data packets. For purposes of this Agreement, the term “Service” or “Starpower” shall mean the Starpower Internet Phone Service, including all Software, Equipment and other features, products and services provided by RCN under the pricing plan that you have selected. For purposes of this Agreement, “Equipment” shall mean a RCN-provided Telephone Adapter (“Adapter”), power cable, Ethernet cable, Adapter stand, Adapter stand cover, outlet cover, and any other accompanying wiring, equipment, or accessories. The Service is separate and distinct from RCN’s standard local telephone and/or RCN long-distance services.
    
3. Disruption or Failure of Service. You understand that you must have an active, online broadband connection, availability of an adequate power supply, and correct Adapter configuration for the Service to function. You understand that the Service may, from time to time, be interrupted for Adapter, network, or facility upgrades or modifications. Furthermore, we do not guarantee that the Service will be continuously operational or error-free. In no event shall RCN be liable for any failure or interruption of Service. RCN shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause. RCN MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND RCN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    
4. Term. The term of this Agreement ("Term") begins on the date that you purchase the Service and continues for the duration of the service period as defined by the service plan that is selected by the Subscriber. Depending upon your chosen service plan, subsequent terms of this Agreement automatically renew on a monthly or annual basis without further action by the Subscriber. The Subscriber purchases the Service for full monthly or annual terms, meaning that if the Subscriber terminates the Service prior to the end of the stated term, the Subscriber will be responsible for the full charges that would have been paid through the end of the then-current term, including, without limitation, unbilled charges plus any applicable early termination fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not release the Subscriber from the obligation to pay all unpaid, accrued charges due in relation to this Agreement.
    
5. Cancellation of Service. All cancellations must be made through the Service’s Customer Care Department at 1-877-STARPOWER (1-877-782-7769). All cancellations will be effective on the date that you call the Customer Care Department. RCN will not schedule cancellation of the Service for a future date. Your credit card will be charged for any usage after contacting the Customer Care Department to cancel your Service.
    
6. Use of the Service. If you subscribe to our Starpower Service, we are providing you with the Service and Adapter solely for residential use. You may not resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from RCN in advance. You may not change the electronic serial number or equipment identifier of the Adapter, or perform a factory reset of your Adapter, without express written permission from RCN in advance. RCN reserves the right to immediately terminate, change the calling plan or modify the Service if RCN determines, in its sole discretion, that your usage exceeds our normal usage levels. Outbound usage in excess of 5,000 minutes in any month shall be considered above normal levels and may be investigated and subject to the conditions above. Additionally, you are prohibited from using the Service or the Adapter for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
    
7. Prohibited Use of the Service. You shall use the Service and the Adapter only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Adapter for an unlawful purpose. In the event of such disconnection, you will be responsible for the full monthly or annual charges payable through the end of the current term, including, without limitation, unbilled charges, plus an early termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Adapter for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You agree to our forwarding of any such communications and information to these authorities. In addition, we will provide information in response to law enforcement requests, lawful government requests, subpoenas or court orders and in any case where failure to disclose the information may lead to imminent harm to you or anyone else.
    
8. VoIP 911 Dialing: RCN will provide the Service only in those areas of the United States where we can direct your 911 call to the appropriate emergency response center in a manner consistent with the applicable laws, rules and regulations, including, without limitation, FCC rules and requirements. The address associated with an E911 call on the Service is limited and specific to your original service location only. Movement of the Adapter from the original service location to any other location may result in a mistaken identification of the E911 call as having come from the original service location. If you have call forwarding, locate me, do not disturb, or other features programmed and in use at the time you make a 911 call, and your 911 call is interrupted, the emergency dispatcher may not be able to call you back at the location from which you dialed the call. 911 will not function properly if you move your Adapter to any location other than the location you have currently registered. In the event that you change your location, to ensure that 911 calls are routed properly, you must update your service address in accordance with the instructions on our website. Until you update your service address and allow sufficient time for the update to be processed in appropriate E911 records, we strongly recommend that you use alternative means of accessing 911. Furthermore, 911 dialing on the Service will not function in the event of a power failure or improper network connection and/or function. Customer understands and acknowledges that RCN, its affiliates, subsidiaries, parent companies and network service providers, will have no liability whatsoever with respect to 911 dialing on the Service.
    
9. Service Not Available In Certain Locations. We have identified certain areas where the E911 services are not supported. In those areas you will be unable to use the Service for any calls, including 911 calls. You will be notified that you are in one of these locations when you register your physical location with RCN, and under theses circumstances, we will not activate the Service at such locations. You must obtain alternative telephone service in these areas, should you desire telephone service.
    
10. Notify All Users. You must inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the above important differences in and limitations of the Service’s 911 dialing as compared with traditional wireline 911 or E911 dialing.
     
11. Payment. We accept payment only by a credit card or by a combination credit/debit card (hereafter referred to as “credit card”) from MasterCard, Visa, Discover and American Express. If your card is a combination credit card/debit card, you authorize us to use it as a credit card. You also agree to indemnify us for any claims or expenses resulting from your use of a debit card instead of a credit card. Your subscription to the Service authorizes us to charge your credit card automatically when any payment is due. This authorization will remain valid until 30 days after you call our Customer Care Department to terminate the Service and thus our authority to charge your credit card, whereupon we will charge your credit card for the early termination fee, if applicable, and any other outstanding charges upon disconnecting your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your credit card is declined or reversed, you fail to provide us with a valid replacement credit card prior to expiration of your current credit card, or in case of any other non-payment of account charges. If your Service is disconnected, you will remain fully liable to us for all charges under this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorneys’ fees.
     
12. Fees. We will publish the amount of fees and charges on our website, and they may change from time to time. We may introduce new products and services at special introductory pricing. Introductory pricing may change at our discretion. Notification of payment processing will be sent to you via your email address that you provide to us. Depending on your calling plan, you may also be charged for activation, early termination, plan change, separate features, modifying features on your account, and installation, disconnect and/or other fees, as described in materials related to your offer that are included by reference in this Agreement.
     
13. Extra Services Fund Account. Your Extra Services Fund is a pre-paid account in which a certain dollar amount is set aside to cover incidental charges on your account that are not covered by your monthly or annual fee. For example, international calls, directory assistance calls and taxes related to these calls are automatically deducted from your Extra Services Fund Account. When the balance of your Extra Services Fund reaches the Minimum Threshold Amount, we will automatically replenish the account to a preset dollar amount by using your credit card to do so. This preset dollar re-charge amount may be taxed at the time it is charged to your Extra Services Fund, pursuant to Paragraph 20 of this Agreement.
     
14. Charges for Directory Calls (411). Subject to Paragraph 12 hereof, we will charge you $0.99 for each call made to 411 directory assistance.
     
15. Local Number Portability: Porting in. In the event you are transferring an existing local phone number for use in connection with the Service, the following terms and conditions apply: (a) You hereby authorize RCN to process your order for the Service and to notify your local telephone company of your decision to switch your local services to the Service and to transfer your telephone number, and represent that you are authorized to take these actions; (b) You agree that you must install and activate your Adapter prior to the date on which the number switch becomes effective (“Port Effective Date”); (c) You agree that you will be assigned a temporary telephone number until your transfer is completed. You may place and receive calls using this temporary number until such time as your phone number is transferred; and (d) RCN has the right to refuse to import a number if, in its sole discretion, it cannot support the number.
     
16. Local Number Portability: Porting out. You may be able to take, or "port," your current Starpower Service number to another service provider. If you ask your new service provider to port a number from us, you must tell us to terminate your Service when the port is completed or you may continue to incur charges on your Service account. Once your port is completed and you tell us to terminate your Service, you will remain responsible for all charges and fees through the end of the current term, including any early termination fees. If a port is unsuccessful for any reason, your Service and this Agreement will not terminate, you will remain a Subscriber to the Service, and you will continue to be responsible for all charges and fees associated with the Service.
     
17. Equipment Ownership. You will bear all risk of loss of, theft of, casualty to or damage to the Adapter, from the time it is shipped to you until the time (if any) it is returned to us in accordance with this Agreement.
     
18. Other RCN Services. If you also receive additional RCN services (that are separate and distinct from the Service), the charges for these additional services will not appear on the same online bill for the Service. You will continue to be separately billed and responsible for payment of those charges.
     
19. Bundles. The Service is not currently bundled with any other RCN service. Switching from RCN’s traditional phone service to the Service may lead to the discontinuance of a bundled discount if you disconnect one or more of the services in the bundle (possibly resulting in a higher fee for the remaining services in the bundle).
     
20. Taxes and Fees. State and local governments may assess taxes, surcharges and/or fees on your use of the Service. These charges may be a flat fee or a percentage of your charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or Equipment. Such amounts are in addition to payment for the Service and/or the Equipment and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original valid certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will be effective only from and after the date we receive such certificate, for the period of time that the exemption is authorized.
     
21. 30-Day Money-Back Guarantee. Within the limits described in this section and elsewhere in the Agreement, if you tell us within thirty-seven (37) days from the order date of your Service, 30 days from date of order plus 7 days to account for the time to ship the Adapter to you, that you are dissatisfied with the Service, we will refund certain charges you incur as a result of your activation of the Service. We will refund these charges under our money back guarantee for your first-ordered line only. Our money back guarantee does not apply to additional or secondary lines. We will refund, under our money back guarantee, per the following table:
     

    	Outbound Minutes Usage
    Refund per Call Plan	Less than 250 Minutes	Between 251 and 500 Minutes	Over 500 Minutes
    Unlimited Monthly
    Activation Fee	Yes	No	No
    1st Month of Call Plan Charge*	Yes	No	No
    Early Termination Fee	Waived	Waived	Waived
    Unlimited Annual
    Activation Fee	Yes	No	No
    Portion of Call Plan Charge	100%	92%	Prorating will depend on usage amount over 500**
    Early Termination Fee	Waived	Waived	Waived

    *Only applicable if the customer paid for the 1st month.
    **Customer Service will calculate the prorated credit of the Annual Charges based on the number of total outbound minutes above 500.
    
    To receive the refund you must return the Adapter to us in original condition, normal wear and tear excluded, in the original packaging with the UPC or bar code intact and is accompanied by all components, accessories, parts, guides, and other documentation, within fourteen (14) days after the date of cancellation of Service. You are responsible for return of the Adapter, including shipping and associated costs, and you must contact the Customer Care Department to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. The device must be returned to Starpower within 14 days of obtaining the RMA number.
    
    We may not be able to refund all federal excise taxes and any other applicable taxes. Regardless of minutes usage, you will be responsible for any and all charges for international usage and directory assistance. Also, we may revoke this money back guarantee at any time, without prior notice.
     
22. Adapter Rebate. From time to time, RCN may sponsor promotional limited-time offers that provide a rebate on the Adapter. If you receive a rebate for the Adapter, an additional Non-Return Fee of $55.00 will be charged to your credit card if you do not return the Adapter to us in original condition, normal wear and tear excluded, accompanied by all components, accessories, and parts. The Adapter must be returned to us within 14 days of obtaining the RMA number. Once you have subscribed to the Service for 12 consecutive months, we will not charge you if you do not return the Adapter.
     
23. Early Termination Fee. Upon expiration of the Money-Back Guarantee, if you terminate the Service prior to the expiration of the full term, RCN shall charge you an Early Termination Fee of $39.99. The Early Termination Fee shall be waived once you have subscribed to the Service for 12 consecutive months. Early Termination Fees shall be charged to your credit card promptly upon notification that you desire to cancel your Service.
     
24. Full-Minute Billing. Unless otherwise set forth in rate schedules, RCN charges in full minute increments that are rounded up to the next full minute. For example, you will be charged for 2 minutes of usage if your actual minute usage is 1 minute and 10 seconds.
     
25. No Operator Assisted Calling. The Service does not support operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). You will not reach an operator by dialing 0.
     
26. No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from a local phone company, including an affiliate of RCN, may, however, be listed. As a result, someone with your phone number may not be able to use a reverse directory to lookup your address.
     
27. Incompatibility With Other Services, Devices, and Components. The Service may not be compatible with home security systems and other non-voice communications equipment. Pertaining to home security systems, you may be required to maintain a telephone connection through your local telephone company in order to use a reverse directory to lookup your address and/or use any alarm monitoring functions for any security system installed in your home. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. Other services may be determined to be incompatible in the future. You further acknowledge that some providers of broadband service may prevent the transmission of communications using the Service. Thus, the Service will not be compatible with all broadband services, and we cannot assure you that the Service will work with any particular broadband service, and we will not be liable under any circumstances if it does not work with any other service, system, or component that we do not directly supply or render.
     
28. Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
     
    • an act or omission of an underlying carrier, service provider, vendor or other third party;
    • Adapter, network or facility failure, upgrade or modification
    • circumstances beyond our control such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions, failure of or defect in any Adapter, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 dialing) to be connected or completed, or forwarded;
    • Adapter, network or facility shortage;
    • Adapter or facility relocation;
    • Service, Adapter, network or facility failure caused by the loss of power to you; and
    • outage of, or blocking of ports by any ISP or broadband service provider or other impediment to usage of the Service caused by any third party.
    
    You agree that, notwithstanding anything to contrary in this Agreement, our aggregate liability under this Agreement will never exceed the Service charges with respect to the affected time period.
     
29. Discontinuance/Disconnection of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final monthly or annual charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full monthly or annual charges payable through the end of the current term, including, without limitation, unbilled charges, plus the early termination fee, if applicable, all of which will immediately become due and payable. RCN will pursue collection for unpaid amounts on disconnected accounts and may report the same to credit reporting bureaus.
     
30. Indemnification. You agree to defend, indemnify, and hold harmless RCN, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 dialing, or the Device.
     
31. Privacy. The Service utilizes, in whole or in part, the Internet and third-party networks to transmit voice and other communications. You agree that RCN cannot guarantee that Voice-over Internet Protocol communications are completely secure. RCN will treat your personal information in accordance with its then-current Privacy Policy (available at http://www.starpower.net/privacy) and the terms of this Agreement. RCN’s Privacy Policy is incorporated into this Agreement by reference. You agree to the terms of the Privacy Policy, which describes RCN’s use and disclosure of information about your account and your use of the Service. In the event of any conflict between RCN’s Privacy Policy and the terms and conditions of this Agreement, the provisions of this Agreement shall control.
     
32. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and RCN. You represent and warrant that you have the right to enter into this Agreement. No undertaking, representation or warranty made by any agent or representative of RCN in connection with the sale, installation, operation or termination of the Service shall be binding on RCN except as expressly included herein. Your election to continue receiving the Service shall be deemed to constitute your acknowledgment and acceptance of this Agreement, as the same may be amended from time to time.