Residential Terms & Conditions

All West Communications Terms and Conditions for Residential Services and Privacy Policy

Business Service Terms And Conditions

The Customer named on the Business Service Application (“Application”) and/or Service Order (“Service Order”) and All West Communications, Inc., All West/Utah, Inc., All West/Wyoming, Inc. (collectively “All West,” “we,” or “our”) agree that these terms and conditions constitute the agreement (“Agreement”) for the provision of the Services selected by Customer and designated on a signed Application or Service Order. Services may include business telephone lines, commercial high speed internet and/or broadband service (“Broadband”), commercial digital voice over internet protocol services (“VoIP”), business long distance service, and commercial cable television services (“CATV”), collectively “Services”. The terms and conditions in the “GENERAL TERMS AND CONDITIONS” section below are applicable to all Services. Additional terms and conditions may apply to the Broadband, VoIP, Long Distance, and CATV Service, as contained herein.

GENERAL TERMS AND CONDITIONS

ARTICLE 1. DEFINITIONS

1.1 “Affiliate” shall mean an entity that now or in the future, directly or indirectly controls, is controlled by, or is under common control with, a party to this Agreement. For purposes of the foregoing, “control” shall mean the ownership of (i) greater than fifty percent (50%) of the voting power to elect the directors of the company, or (ii) greater than fifty percent (50%) of the ownership interest in the company.

1.2 “Agreement” shall mean these terms and conditions and the Application or Service Order signed by the Customer.

1.3 “All West Equipment” or “Facilities” shall mean any and all equipment, facilities, or devices provided by All West or any of its Affiliate used to deliver the Services, including but not limited to, gateways, modems, routers, set-top boxes, DVRs, VoIP ATA equipment, digital adapters, remote controls, converters, switches, embedded software, terminals, conduit, fiber optic cable, optronics, wires, lines, circuits, ports, data service units, cabinets, and racks, and other equipment provided or leased to you by All West.

1.4 “Confidential Information” shall mean all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential,” or which reasonably should be known by the receiving party to be proprietary or confidential. Without limiting the generality of the foregoing, Confidential Information shall include, even if not marked, the Agreement, all Licensed Software, promotional materials, proposals, quotes, rate information, discount information, subscriber information, network upgrade  information and schedules, network operation information, and invoices, as well as the parties’ communications regarding such items. 

1.5 “Customer Commit Date” shall mean the date that Service will be available to Customer, as set forth in the Service Order or Application or such other written notice from All West to Customer. Notwithstanding anything in this Agreement or any Service Order to the contrary, any Customer requested date for delivery of

Service will not be effective unless and until confirmed in writing by All West through the delivery to Customer of the Customer Commit Date. 

1.6 “Customer Provided Equipment” shall mean all facilities, equipment, or devices supplied by Customer for use in connection with the Services. 

1.7 “Customer Premises” shall mean the Customer location where All West provides the Services. 

1.8 “Excused Outage” shall mean any outage, unavailability, delay or other degradation of Service related to, associated with or caused by: scheduled maintenance events; Customer actions or inactions; Customer provided power or equipment; any third party, excluding any third party directly involved in the operation and maintenance of the All West network but including, without limitation, Customer’s end users; third party network providers; traffic exchange points controlled by third parties; any power, equipment or services provided by third parties; or, an event of force majeure as defined in Section 7.1. 

1.9 “Gateway” shall mean data center space owned or leased by All West or any of its Affiliates for the purpose of, among other things, locating and collocating communications equipment.

1.10 “Licensed Software” shall mean the computer software or code, if any, provided by All West or required to use the Services, including, but not limited to, associated documentation, and all updates thereto. 

1.11 “Local Loop” shall mean the connection between Customer Premises and an All West gateway or other facility.

1.12 “Megabit per second” or “Mbps” shall mean a unit of data rate equal to 1 million bits per second. 

1.13 “Party” shall mean All West or Customer, and in the plural, a reference to both All West and Customer. 

1.14 “Service” shall mean any All West service described in a Service Order or the Customer’s Application. 

1.15 “Service Commencement Date” shall mean the first to occur of (i) the date set forth in any Connection

Notice, unless Customer notifies All West that the Service is not functioning properly as provided in Section 3.1 (or, if two or more Services are designated as “bundled” or as having a “sibling relationship” in any Service Order or Application, the date set forth in the Connection Notice for all such Services); and (ii) the date Customer begins using the Service. 

1.16 “Service Levels” shall mean the specific remedies All West provides regarding installation and performance of Service as may be set forth in a particular Service Level Agreement signed by the Parties. 

1.17 “Service Level Agreement” or “SLA” shall mean a schedule signed by both Parties from time to time and expressly incorporated into this Agreement, setting forth terms and conditions specific to a particular Service, Facilities or other tools made available by All West. 

1.18 “Service Term” shall mean the duration of time (measured starting on the Service Commencement Date) for which Service is ordered, as specified in the Service Order or Application. The Service Term shall continue on a month-to-month basis after expiration of the stated Service Term, until terminated by either All West or Customer upon thirty (30) days’ written notice to the other. 

1.19 “Tariff” shall mean a federal or state All West tariff and the successor documents of general applicability for which Services are ordered, as specified in a Service Order or Application.

1.20 “Termination Charges” shall mean charges that may be imposed by All West if, prior to the end of the applicable Service Term All West terminates Services for cause, or Customer terminates services without cause. Termination Charges shall be as set forth in Section 3.12 below.

ARTICLE 2. DELIVERY OF SERVICE

2.1         Applications or Orders. To order any Service, Customer shall submit a signed Application or Service Order requesting Service. The Application or Service Order and its backup detail must include a description of the Service, the non-recurring charges and monthly recurring charges for Service and the applicable Service Term. An Application or Service Order shall become binding on the parties when (i) it is specifically accepted by All West either electronically or in writing; (ii) All West begins providing the Services described in the Application or Service Order; or (iii) All West begins a Custom Installation (as defined in Section 2.) for delivery of the Services described in the Application or Service Order, whichever is earlier. When an Application or Service Order becomes effective it shall be deemed a part of, and shall be subject to, the Agreement.

2.2         Credit Approval and Deposits. Customer will provide All West with credit information as requested, and delivery of Service is subject to credit approval. All West may require Customer to make a deposit or deliver another form of security as a condition to All West’s acceptance of any Service Order, or as a condition to All West’s continuation of Service. The deposit will be held by All West as security for payment of Customer’s charges. When Service to Customer is terminated, the amount of the deposit will be credited to Customer’s account and any remaining credit balance will be refunded. Any deposit paid by Customer pursuant to this Section 2.2 will be held by All West in accordance with the applicable law governing such deposit.

2.3         Access to Customer Premises. Customer shall allow All West access to the Customer Premises to the extent reasonably determined by All West for the installation, inspection and scheduled or emergency maintenance of All West Equipment or Facilities relating to the Service. All West shall notify Customer at least two (2) business days in advance of any regularly scheduled maintenance that will require access to the Customer Premises or that may result in a material interruption of Service. Customer will be responsible for providing and maintaining, at its own expense, the level of power, heating and air conditioning necessary to maintain the proper environment for the Facilities on the Customer Premises. In the event Customer fails to do so, Customer shall reimburse All West for the actual and reasonable cost of repairing or replacing any Facilities damaged or destroyed as a result of Customer’s failure. Customer will provide a safe place to work and comply with all laws and regulations regarding the working conditions on the Customer Premises. In the event All West’s technicians determine, in their sole discretion, that the Premises are unsafe, unsanitary, or pose a danger to the All West technician, the All West technician may decline to enter the Premises until such time as the Premises are determined to be safe and sanitary. Your failure to maintain the Premises in a safe and sanitary condition may be determined to be a breach of your obligations hereunder, and may be grounds for termination of services as provided herein. 

2.4         All West Facilities. Except as otherwise agreed, title to all Facilities shall remain with All West regardless of where installed within the Customer Premises. All West will provide and maintain the Facilities in good working  order. Customer shall not, and shall not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any Facilities, without the prior written consent of All West. The Facilities shall not be used for any purpose other than that for which All West provides them. Customer shall not take any action that causes the imposition of any lien or encumbrance on the Facilities. At any time All West may remove or change All West Equipment at our discretion in connection with providing the Services. In no event shall All West be liable to Customer or any other person for interruption of Service or for any other loss, cost or damage caused by or related to improper use or maintenance of the Facilities by Customer or any third party gaining access to the Facilities by Customer in violation of this Agreement, and Customer shall reimburse All West for any damages incurred as a result thereof. Customer agrees (which agreement shall survive the expiration, termination or cancellation of any Customer Order) to allow All West to remove the Facilities from the Customer Premises:

ARTICLE 3. CHARGES, BILLING AND PAYMENT

requested by All West) for the disputed amount. All claims must be submitted to All West in writing within sixty (60) days from the date of the invoice for those Services. Customer waives the right to dispute any charges not disputed within such sixty (60) day period. In the event that the dispute is resolved against Customer, Customer shall pay such amounts plus interest at the rate referenced in Section 3.8.

(A)         Customer may cancel a Service following All West’s acceptance of the applicable Application or Service Order and prior to the Customer Commit Date upon prior written notice to All West (in a form reasonably requested by All West). In the event that Customer does so, or in the event that the delivery of such Service is terminated by All West as the result of an uncured default by Customer pursuant to Section 4.2 of this Agreement, Customer shall pay All West a cancellation charge equal to the sum of:

  1. any third party cancellation/termination charges related to the installation and/or cancellation of Service;
  2. the non-recurring charges (including any non-recurring charges that were waived by All West at the time of the Application or Service Order) for the cancelled Service; and
  3. one (1) month’s monthly recurring charges for the cancelled Service.

 Customer’s right to cancel any particular Service under this Section 3.12(A) shall automatically expire and shall no longer apply upon All West’s delivery to Customer of a Connection Notice for such Service.

(B)          In addition to Customer’s right of cancellation under Section 3.12(A) above, Customer may terminate Service prior to the end of the Service Term upon thirty (30) days’ prior written notice to All West (in a form reasonably requested by All West). In the event that, after either the original Customer Commit Date (if Customer requests and All West agrees to a delay in delivery of a particular Service) or Customer’s receipt of the Connection Notice for a particular Service (whichever occurs first) and prior to the end of the Service Term, Customer terminates Service or in the event that the delivery of Service is terminated by All West as the result of an uncured default by Customer pursuant to Section 4.2 of this Agreement, Customer shall pay All West an Early Termination Charge equal to the sum of:

  1. all unpaid amounts for Service provided through the date of termination;
  2. any third party cancellation/termination charges related to the installation and/or termination of Service;
  3. the non-recurring charges (including any non-recurring charges that were waived by All West at the time of the Customer Order) for the cancelled Service, if not already paid; and
  4. the percentage of the monthly recurring charges for the terminated Service calculated from the effective date of termination as (a) 100% of the remaining monthly recurring

charges that would have been incurred for the Service for months 1-12 of the Service Term, plus (b) 50% of the remaining monthly recurring charges that would have been incurred for the Service for months 13 through the end of the Service Term. If Customer pays for Service based on a per minute usage rate, as opposed to a fixed monthly recurring rate, the “monthly recurring charges” shall be calculated as the average of Customer’s last three (3) months’ Service charges.

(C) The parties acknowledge that the cancellation or termination charges set forth in this Section 3.12 are a genuine estimate of the actual damages that All West will suffer and are not a penalty.

3.13       Fraudulent Use of Services. Customer shall indemnify, defend and hold All West harmless from and against any and all claims, liabilities, obligations, losses, actions, causes of action, costs and expenses (including attorneys’ fees) resulting from, or arising out of, in whole or in part, the fraud, misuse, abuse and unauthorized use of the Services by Customer, its agents, representatives, employees, independent contractors, consultants, subscribers or any party or person. In the event any such fraud, misuse, abuse or unauthorized use of the Services by Customer, its agents, representatives, employees, independent contractors, consultants, subscribers or any party or person, Customer shall be responsible for payment of the full amount of the invoice submitted to Customer by All West pursuant to Section 3 hereof. Fraud shall not be the basis for disputing any invoice under Subsection 3.10 hereof. Nothing contained herein shall impose any obligation or liability on the part of All West to take any action with respect to fraudulent usage of the Services.

ARTICLE 4. TERM AND TERMINATION

4.1 Term.

within sixty (60) days; (iii) Customer fails to make any payment required hereunder when due, and such failure continues for a period of three (3) business days after written notice from All West, (iv) Customer fails to observe and perform any material term of this Agreement (other than payment terms) and such failure continues for a period of thirty (30) days after written notice from All West; or (v) Customer’s use of Service materially exceeds Customer’s credit limit, unless within one (1) business day’s written notice thereof by All West, Customer provides adequate security for payment for Service; then All West may: (A) terminate this Agreement and any Customer Order, in whole or in part, in which event All West shall have no further duties or  obligations thereunder, and/or (B) subject to Section 5.1, pursue any remedies All West may have under this Agreement, at law or in equity.

contractor engaged by All West) is constructing Facilities in or to the Customer Premises necessary for delivery of such Service.

calendar month (“First Unavailability Event”); and (ii) following written notice thereof from Customer to All West within the thirty (30) day period following the First Unavailability Event, the same Service is Unavailable for more than twelve (12) hours at any time in any calendar month within the three (3) calendar month period following the First Unavailability Event. For purposes of the foregoing, “Unavailable” shall mean a total interruption in Service, except for any interruption that is an Excused Outage. The duration of any interruption will commence when Customer reports an outage to the All West Customer Service and Support Organization (1-866-711-2663) and will end when the Service is operative. Customer may only terminate Service that is Unavailable, and must exercise its right to terminate any affected Service under this Section, in writing, within thirty (30) days after the event giving rise to a right of termination hereunder.

4.5         Termination of Service for Cause

Termination of this Agreement does not release Customer from the obligation to pay and all accrued charges under this Agreement, unless otherwise expressly provided in this Agreement.

ARTICLE 5. LIABILITIES AND INDEMNIFICATION

CREDITS DESCRIBED IN ANY SLA BETWEEN THE PARTIES. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. IN NO EVENT SHALL ALL WEST, OR ITS AFFILIATES, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR THIRD PARTIES; (iii) THE INTEROPERABILITY, INTERACTION, OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.

5.3         Indemnification. Each party shall indemnify the other from any claims by third parties and expenses (including legal fees and court costs) respecting damage to tangible property, personal injury or death caused by such party’s negligence or willful misconduct. 

ARTICLE 6. SERVICE LEVELS

6.1         Service Interruptions and Delivery. Customer acknowledges and agrees that the Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property, or environment. In addition, All West will not be held liable for interruptions in service due to equipment failure, equipment or facility shortages, labor strikes, acts of God, power outages, power surges, or other causes beyond All West’s reasonable control. In all other cases of an interruption of the Services, Customer shall be entitled upon a request made within sixty (60) days of such interruption, to a pro-rata credit for any Services interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically set forth in Customer’s Application or Service Order, or specifically provided by law. Unless otherwise specifically provided, such credit shall not exceed the fixed monthly charges for the month of such Services interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any credits provided by All West are at All West’s sole discretion and in no event shall constitute or be construed as a course of conduct by All West. To report issues related to Service performance, Customer may contact All West Customer Service by calling toll free in the U.S. 866-ALL-WEST or such other numbers for All West Customer Service. In order for All West to investigate any reported issues, Customer agrees to provide All West with supporting information as reasonably requested by All West, which may include (as applicable), without limitation, circuit ID, circuit end-point(s), IP address(es), originating phone number and terminating phone number. If Customer has Service Level Agreement in writing signed by both parties, in the event of a failure to deliver Service in accordance with the Service Levels, Customer’s sole remedies are contained in (a) the Service Levels applicable (if any) to the affected Service, and (b) Section 4.4 above.

6.2         Service Level Credits. If Customer has a Service Level Agreement in writing, in the event All West does not achieve a particular Service Level in a particular month, All West will issue a credit to Customer as set forth in the applicable SLA upon Customer’s request. To request a credit, Customer must contact All West Customer Service or deliver a written request (in a form reasonably requested by All West) pursuant to Section 7.4 within thirty (30) days of the end of the month for which a credit is requested. All West Customer Service may be contacted by calling toll free in the U.S. 1-866-711-2663 or such other numbers for All West Customer Service on www.allwest.com . Service Outage Credits shall be governed in accordance with the executed SLA.

ARTICLE 7. GENERAL TERMS 

7.1         Force Majeure. Except for payment obligations hereunder, neither party shall be liable, nor shall any credit allowance or other remedy be extended, for any failure of performance or equipment due to causes beyond such party’s reasonable control (“force majeure event”). In the event All West is unable to deliver

Service as a result of a force majeure event, Customer shall not be obligated to pay All West for the affected Service for so long as All West is unable to deliver the affected Service. 

7.2         Assignment and Resale. Customer may not assign its rights and obligations under this Agreement, the Application, Service Order, or any SLA without the express prior written consent of All West, which will not be unreasonably withheld. This Agreement shall apply to any permitted transferees or assignees. Notwithstanding any assignment by Customer, Customer shall remain liable for the payment of all charges due under this Agreement. Customer may not resell the Service to any third party, without the express prior written consent of All West, in All West’s sole discretion.

7.3         Affiliates.

7.4         Notices. Notices hereunder shall be in writing and sufficient and received if delivered in person, or when sent via facsimile, pre-paid overnight courier, electronic mail (if an e-mail address is provided below) or sent by U.S. Postal Service (or other applicable postal delivery service), addressed as follows:

IF TO ALL WEST:

For billing inquiries/disputes, requests for Service Level credits and/or requests for disconnection of Service (for other than default):

ALL WEST COMMUNICATIONS, INC

Customer Service

50 W 100 North

Kamas, UT 84036

Email: support@allwest.com

IF TO CUSTOMER: at address identified in Application or Service Order.

or at such other address as the party to whom notice is to be given may have furnished to the other party in writing in accordance herewith. All such notices shall be deemed to have been given on (i) the date delivered if delivered personally, (ii) the business day after dispatch if sent by overnight courier, (iii) the third business day after posting if sent by U.S. Postal Service (or other applicable postal delivery service), or (iv) the date of  transmission if delivered by facsimile or electronic mail (or the business day after transmission if transmitted on a weekend or legal holiday). Notwithstanding the foregoing, any notices delivered by All West to Customer in the normal course of provisioning of Service hereunder shall be deemed properly given if delivered via any of the methods described above or via electronic mail to the address listed on any Customer Order.

7.5         Data Protection. During the performance of this Agreement, it may be necessary for All West to transfer, process and store billing and utilization data and other data necessary for All West’s operation of its network and for the performance of its obligations under this Agreement. The transfer, processing and storing of such data may be to or from the United States. Customer hereby consents that All West may (i) transfer, store and process such data in the United States; and (ii) use such data for its own internal purposes and as allowed by law. This data will not be disclosed to third parties.

7.6         Contents of Communications. All West shall have no liability or responsibility for the content of any communications transmitted via the Service, and Customer shall defend, indemnify and hold All West harmless from any and all claims (including claims by governmental entities seeking to impose penal sanctions) related to such content or for claims by third parties relating to Customer’s use of Service. All West provides only access to the Internet; All West does not operate or control the information, services, opinions or other content of the Internet. Customer agrees that it shall make no claim whatsoever against All West relating to the content of the Internet or respecting any information, product, service or software ordered through or provided by virtue of the Internet.

7.7         Confidential Information. For a period of two (2) years from the date of disclosure thereof, each Party shall maintain the confidentiality of all Confidential Information provided to it by the other Party hereto. Each Party shall use the same efforts (but in no case less than reasonable efforts) to protect the Confidential Information it receives hereunder as it accords to its own Confidential Information. The above requirements shall not apply to Information which is already in the possession of the receiving Party through no breach of an obligation of confidentiality to the disclosing Party or any third party, is already publicly available through no breach of this Agreement or has been previously independently developed by the receiving Party. This Agreement shall not prevent any disclosure of Confidential Information pursuant to applicable law or regulation, provided that prior to making such disclosure, the receiving Party shall use reasonable efforts to

notify the disclosing Party of this required disclosure. Each Party acknowledges that its breach or threatened breach of this Section may cause the Disclosing Party irreparable harm, which would not be adequately compensated by monetary damages. Accordingly, in the event of any such breach or threatened breach, the Receiving Party agrees that equitable relief, including temporary or permanent injunctions, is an available remedy in addition to any legal remedies to which the Disclosing Party may be entitled. At the request of the Disclosing Party upon termination of this Agreement or at any time or from time to time thereafter, the Receiving Party shall, as promptly as practicable and in all cases within five (5) days of such request, deliver to Disclosing Party all proprietary information of Disclosing Party then in Receiving Party’s possession or under Receiving Party’s control or, in lieu thereof,  Receiving Party may destroy all of Receiving Party’s copies of such proprietary information and certify to Disclosing Party in writing that such destruction has been accomplished.

7.8         Non-Disclosure. Any information or documentation disclosed between the parties during the performance of this Agreement shall be subject to the terms and conditions of this Agreement or any applicable non-disclosure agreement then in effect between the parties.

7.9         Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Utah, U.S.A., without regard to its choice of law rules.

7.10       Entire Agreement. This Agreement, including any SLA(s), Application, or Service Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service, which are of no further force or effect. 

7.11       Amendment. This Agreement, the Application, any SLA or Service Order, may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party. Without limiting the generality of the foregoing, any handwritten changes to an Application or Service Order shall be void unless acknowledged and approved in writing by a duly authorized representative of each party. 

7.12       Policy Changes. All West will provide the Customer with ten (10) days written prior notice of any and all changes in policy and technical issues that might affect Customer’s compliance with this Agreement. 

7.13       Order of Precedence. In the event of any conflict between this Agreement and the terms and conditions of any Application, Service Order, and/or SLA, the order of precedence is as follows: (1) the SLA, (2) the Service Order, (3) the Application, and (3) this Agreement. 

7.14       Survival. The provisions of this Article 7 and Articles 3, 5 and 6 and any other provisions of this Agreement that by their nature are meant to survive the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement. 

7.15       Relationship of the Parties. The relationship between Customer and All West shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to  constitute a partnership or agency agreement between them for any purposes, including, without limitation, for federal income tax purposes. 

7.16       No Waiver. No failure by either party to enforce any right(s) hereunder shall constitute a waiver of such right(s). 

7.17       Severability. If any provision of this Agreement shall be declared invalid or unenforceable under applicable law, said provision shall be ineffective only to the extent of such declaration and shall not affect the remaining provisions of this Agreement. In the event that a material and fundamental provision of this Agreement is declared invalid or unenforceable under applicable law, the parties shall negotiate in good faith respecting an amendment hereto that would preserve, to the fullest extent possible, the respective benefits and burdens imposed on each party under this Agreement as originally executed. 

7.18       Third Party Beneficiaries. This Agreement shall be binding upon, inure solely to the benefit of and be enforceable by each party hereto and their respective successors and assigns hereto, and nothing in this Agreement, express or implied, is intended to or shall confer upon any thirty party any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

7.19       Export Law. Customer acknowledges and agrees that any products, software, and technical information provided pursuant to this Agreement may be subject to United States export laws and regulations, and that any distribution, transfer, or transmittal of the products, services, software, or technical information shall be in compliance with United States export laws and regulations. Customer shall, if requested by All West, sign a written assurance or other export-related documentation as may be required for All West’s compliance with United States export laws or regulations.

7.20       Tariffs. Notwithstanding anything to the contrary in the Agreement, All West is required to, or may elect to file tariffs with regulatory agencies for certain Services. In such event, the terms set forth in the Agreement may, under applicable law, be superseded by the terms and conditions of the Tariffs. Without limiting the generality of the foregoing, in the event of any inconsistency with respect to rates, the rates and other terms set forth in the applicable Service Order shall be treated as individual case based arrangements to the maximum extent permitted by law, and All West shall take such steps as are required by law to make the rates and other terms enforceable. If All West voluntarily or involuntarily cancels or withdraws a Tariff under which a Service is provided to Customer, the Service will thereafter be provided pursuant to the Agreement and the terms and conditions contained in the Tariff immediately prior to its cancellation or withdrawal. In the event that All West is required by a governmental authority to modify a Tariff under which Service is provided to Customer in a  manner that is material and adverse to either party, the affected party may terminate the applicable Sales Order upon a minimum thirty (30) days’ prior written notice to the other party, without further liability.

7.21       Governing Law and Venue. This Agreement and your use of the Services, All West Equipment and Facilities will be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, or your use of the Services, the All West Equipment, and Facilities, will be filed only in the state or federal courts located in Salt Lake or Summit Counties, State of Utah, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

7.22       Compliance with Laws. Each of the parties agreed to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement. 

ARTICLE 8. USE OF SERVICES

8.1         Use Policies. Customer agrees to ensure that all uses of the Services and/or All West Equipment or Facilities installed at the Customer Premises (“use”) are legal and appropriate. Specifically, Customer agrees to ensure that all uses by Customer or by any other person (“user”), whether or not authorized by Customer, comply with applicable laws, rules, regulations, and written or electronic instructions for use.

8.2         Prohibited Uses.

ARTICLE 9. ADDITIONAL PROVISIONS APPLICABLE TO BROADBAND SERVICES.

9.7 Prohibited uses of All West Broadband/Internet Services. Prohibited uses include, but are not limited to:

rights. Customer shall not use the All West network or Services in any manner that would infringe, dilute, misappropriate, or otherwise violate such rights. You assume all risk regarding whether material is in the public domain.

ARTICLE 10. ADDITIONAL PROVISIONS APPLICABLE TO VoIP SERVICES. 

  1. VoIP Services. In addition to provisions 1 through 8 above, the following terms and conditions are applicable to VoIP Services.
    1. Description of VoIP Services. VoIP services allow the Customer to make or receive telephone calls over the internet to or from the public switched telephone network. The Analog Terminal Adapter (ATA) is a device that allows you to connect a normal public switched telephone network telephone to the Internet in order to make or place telephone calls. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, creates unique limitations and circumstances, and Customer acknowledges, understands, and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.
    1. 911 and E-911 Calls. Prior to the initialization of the Services, on the Application for Services, Customer shall provide accurate name and address information where the ATA and the Services will be utilized (also known as “Registered Location”) for the purpose of updating the E-911 Data Base. If Customer’s Registered Location provided on the Application or Service Order does not convert to a valid Master Street

Address Guide (also known to as the “MSAG”) address for your locality, All West will notify you and stop all processing of the order until you provides an MSAG-compatible address.

  1. Accuracy of Registered Location Information. Customer assumes all responsibility for the accuracy of the Registered Location that is provided to All West for entry into the E-911 Data Base. Customer bears the responsibility to notify All West of any changes to the Registered Location. Customer agrees to indemnify and hold All West harmless from any claims, damages, or suits related to the accuracy of data provided by you for inclusion in the E-911 Data Base. Customer shall provide (and update as necessary) All West with accurate information related to E-911 Service, including, but not limited to: location of individual telephone stations and a description of its facilities, equipment and software for the Services. Customer acknowledges and agrees that it will not use All West’s services from any location other than the Registered Location, and that Customer will not use the ATA from any location other than the Registered Location. It is Customer’s responsibility to update the physical location information where the service is being used, or where the ATA is being used, if it differs from the prior Registered Location.
    1. Limitation to 911 and E-Service. Customer acknowledges and understands that access to emergency services through 911 and E-911 calls is limited; that the VoIP Service supports E-911 (where available); and that access to emergency service is available only if the service is operated from the Registered Location, and then only if Customer has an active connection to the service. Customer acknowledges and understands that if there  is a service outage (even related to extended power outages) for any reason, such outage may prevent all voice service, including 911 dialing.
    1. Service Outages Due to Power Failure or Disruption. Dependent upon Customer’s location, network backup power systems may be in place during the event of a power failure. Customer’s device, as set forth herein, may also provide limited battery backup. Customer shall consult with All West to determine whether or not Customer’s device has battery backup.
    1. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all All West VoIP Service, including 911 Dialing, from functioning.
    1. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Customer’s ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 dialing feature, may not function. You acknowledge that All West is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
  1. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
    1. Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
    1. Time. Customer also acknowledge that it may take All West up to seven (7) days to get the correct address information to E-911 database and that during that time the E-911 Data Base may have the wrong address  information. Customer should be prepared to give the local emergency operator answering the 911 call, Customer call back number and exact location.
    1. Limitation of Liability and Indemnification. Customer shall indemnify and hold All West, its affiliates, directors, officers, employees and agents from and against all claims, demands, actions, causes of action, damages, liabilities, losses and expenses (including reasonable attorneys’ fees) incurred as a result of any act or omission, representation or statement by Customer, its affiliates, directors, officers, employees or agents related to E-911 services.
    1. Release. Customer agrees to release, indemnify, defend, and hold harmless All West from any and all losses, claims, demands, damages, expenses, suits or other action or any liability whatsoever including, without limitation, costs and attorneys’ fees, suffered, made, instituted, or asserted by you and your users against All West arising out of, or related to, 911/E-911 service, including, but not limited to, the delivery of 911/E911 calls to emergency call centers, the delivery of the end user’s call back number and location information, and/or providing information to customers of the capabilities and limitations of 911/E-911 services.
    1. Devices. All West requires the use and/or rental of VoIP devices, including, but not limited to a Multimedia Terminal Adapter (“MTA”), an ATA, or other IP connection device to be used in conjunction with the All West VoIP Services.
  2. Device with battery backup. Battery backup on qualifying devices is limited. Excessive use during a power outage will result in shortened life of the internal battery. The device will provide indication of low battery voltage. Customer should contact All West for instructions or replacement. Failure of network power backup systems or the MTA internal backup system during a power failure or disruption will prevent all service, including 911 dialing, from functioning.
  3. Device without battery backup. Devices that do not have a battery backup cannot support 911 dialing in event of a power failure or disruption. If there is an interruption in the power supply, the All West VoIP Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, Customer may need to reset or reconfigure the device prior to utilizing the All West VoIP Service, including 911 dialing.

10.15 Prohibited Uses of All West VoIP. Prohibited uses of All West VoIP Services include, but are not limited to:

ARTICLE 11. ADDITIONAL PROVISIONS APPLICABLE TO LONG DISTANCE SERVICE

  1. Long Distance Services. In addition to provisions 1 through 8 above, the following terms and conditions are applicable to Long Distance Services:
    1. All West Long Distance Plan. Customer must have or purchase local business telephone service from All West.  Domestic, direct-dialed long distance minutes will be billed at a flat rate of 6 cents per minute. Customer may select a pre-paid plan as may be set forth in the Application or Service Order.  Calls are billed in one minute increments; partial minutes are charged as full minutes. Rates exclude taxes, fees, surcharges, installation charges and other charges. Availability, rates, terms and conditions are subject to change.
    1. Prohibited Use of Business Long Distance Services. Prohibited use of Business Long Distance Services include, but are not limited to:
  2. Long distance or local toll access to the Internet or for business purposes such as telemarketing, auto-dialing, or commercial or broadcast facsimile (FAX) where any of these calls would be long distance or local toll calls.
  3. If Long Distance is used for unauthorized purposes, or if qualifying services are removed from the account, All West may immediately suspend, restrict or cancel your Services.

ARTICLE 12. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO CATV SERVICES

  1. CATV Services. In addition to provisions 1 through 8 above, the following terms and conditions are applicable to CATV Services.
    1. Limitation on Redistribution. Customer hereby acknowledges and agrees that All West does not have the absolute right to distribute pay-per-view video programming and certain premium video services to commercial establishments. Customer, therefore, agrees that it shall not exhibit nor assist in the exhibition of any such programming unless explicitly authorized to do so in advance, in writing by All West and the applicable program or event distributor. In requesting such authorization, Customer shall identify itself as a commercial establishment. Customer shall not, and shall not permit any other person to (i) copy, record, duplicate, alter, make, manufacture any recording or other reproductions of video and/ or CATV service provided hereunder; or  (ii) transmit video and/or CATV Service outside of the Customer Premises. Violation of this provision may subject Customer to criminal penalties under United States copyright and/or trademark law.  Customer agrees not to move any All West Equipment from another location to any Customer Premises.
    1. Commercial Use. Customer shall not, and shall not authorize or permit any other person to (i) charge an admission fee or cover charge to the Customer Premises at the time video and/or CATV services are begin performed therein; (ii) permit physical activity, such as dancing, or similar forms of entertainment in conjunction with the performance of video and/or CATV services unless Customer has obtained all necessary licenses and authorizations from the content owners or copyright owners; (iii) insert any commercial announcements into the video and/or CATV services, or interrupt any video and/or CATV services for the making of commercial announcements, except that public address commercial announcements may be made concerning goods or services sold or offered to the public at the Customer Premises provided no compensation is paid to, or received by Customer.
    1. Additional Licenses. Customer acknowledges and agrees that Customer may be responsible for additional music licensing or copyright fee for music contained in any or all of the video and/or CATV services.
    1. Provision of Service. CATV Service is for private commercial viewing venues only, and is not for use in public viewing areas such as bars, restaurants, fitness centers, or residential addresses. Customer acknowledges and agrees that All West has the right at any time to preempt, without prior notice, specific programs. All West may, in its sole discretion, make additions, changes, deletions, or modifications to its channel line-up without liability to Customer.
    1. Additional Televisions. Customer agrees not to add additional television sets or disturb, alter or remove any portion of the All West Equipment. Any unauthorized connection or tampering with the CATV service or All West Equipment shall be cause for immediate disconnection and legal action. All West shall be entitled to recover damages, including reasonable attorneys’ fees and costs.

ARTICLE ADDITIONAL PROVISIONS APPLICABLE TO HOSTED PBX SERVICE

  1. Hosted PBX Services. In addition to provisions 1 through 8, and 10  above, the following terms and conditions are applicable to Hosted PBX Services.
  1. Description of Hosted PBX Services. Hosted PBX Service is a private branch exchange (PBX) phone system that provided to Customer by All West that consists of: (1)Turnkey implementation of the All West provided Hosted PBX solution and network services; (2) Provision of Hosted PBX manufacturer hardware and software applications, telephone handset(s) and related applications (collectively “Equipment”) at Customer specified service location(s) (“Premises”); (3)Furnishing of voice and data access, local, and long distance services; (4) the service and support of Leased Equipment at such Premises; (5) Remote moves, adds, and changes; (6) Proactive monitoring and alerting.  The Hosted PBX Service provided basic voice service calling features with each telephone number ordered.
    1. Service Elements.

(A)         Telephone Lines.  All West will provide telephone lines to Customer as set forth in the Application and/or Service Order.  Where Customer is being provisioned with local services that are tariffed, applicable state tariffs which may be modified by All West from time to time in accordance with law, will govern the provision of local service furnished as part of the Hosted PBX Service.  All local service related rates, charges, and surcharges apply to the voice portion of the Hosted PBX Service.

(B)          Telephone Numbers.  All West will provide telephone numbers to Customer.  Where Customer desires to provide and/or port its own telephone numbers to the Hosted PBX Service, All West shall be entitled, in its reasonable discretion, to reject any telephone numbers proposed to be supplied by Customer.  Based on the information provided by Customer, and subject to the provisions regarding VoIP Service contained in Section 10 above (such as E911 Service Limitations, All West will register telephone numbers provided to Customer for use in connection with the Hosted PBX Service with the appropriate 911 authority.

(C)         Calling Features.  All West will provide calling features based on seat type selected and identified in the customer agreement. 

(D)         IP Addresses.  If necessary, All West will provide a mutually agreeable number of public IP address assignments to Customer for use solely in connection with the Hosted PBX Service.  Customer shall not obtain any property or other proprietary interest in any IP address assignments provided hereunder, and All West may, at any time, withdraw or reclaim IP addresses and provide alternative IP address assignments for use in connection with the Hosted PBX Service.

(E)          Maintenance.  During the term All West will provide maintenance and repair for the Hosted PBX Services. In the event the Equipment is leased from All West, All West will provide maintenance and repair of the Leased  Equipment during the term, provided the Leased Equipment is used in compliance with All West’s normal operating instructions and not abused or modified by Customer.  Maintenance and support of Leased Equipment includes fault isolation and diagnosis, hardware replacement for defective hardware, and software updates for defective software. Maintenance and support does not include moves and changes or installation of additional Equipment,; help configuring applications after installation; support of user-defined applications; diagnosis or support of equipment or software other than supported Equipment provided by All West in connection with

the Hosted PBX Service; data recovery services; support of Equipment that has had its serial numbers altered, defaced or deleted; or support or repair resulting from the following:  1) combination or integration of non-All West furnished Equipment, software, or facilities with supported Equipment; 2) a change in the environment in which the supported Equipment was installed; 3) actions of non-All West or All West authorized contractor personnel; or 4) conditions outside of All West’s reasonable control.

(F)          Professional Services.  All labor apart from installation, configuration, and training as specified in the Application and/or Service Order will be considered Professional Services.  If all West agrees to provide Professional Service, these services may be provided pursuant to a fixed charge negotiated between All West and Customer. Otherwise, All West’s standard rate for Professional Services applies.  All West has no obligation to provide such Professional Services and may recommend third party resources outside of All West.

(G)         Long Distance Services.  Hosted PBX Service include an allotment of inbound and outbound domestic long distance calling minutes as set forth in the Application and/or Service Order.

  1. Provisioning Preparation.  Based on information from the Customer and available product features and capabilities, All West will configure the Hosted PBX Service for Customer (including but not limited to, call-flow configuration) prior to the installation of the Hosted PBX Services, provided however that Customer shall have sole responsibility with respect to Customer Provided Equipment (as defined herein), and other networks, systems, equipment, facilities, or property not provided by All West.  Customer acknowledges and agrees that Customer is solely responsible for obtaining all local permits, landlord consents, access licenses and permissions, letters of authorization; and other consents and waivers necessary for the installation and activation of all network, systems, facilities, and equipment necessary for All West to provide the Hosted PBX Service and for Customer to make use of the Hosted PBX Service.
    1. Inside Wiring and Connections. All West will install all All West provided bandwidth services to the network interface and/or demarcation point (“demarc”).  If Customer requires or requests a demarc be extended, additional charges will apply as set forth on the Application and/or Service Order. Customer is responsible for providing any necessary internal wiring or extension to all All West Equipment required to use the Hosted PBX Service.
    1. Pricing and Price Changes.  Cancellation of Hosted PBX Service by Customer after such service is ordered, but prior to availability will result in early termination charges.  Charges to an accepted Hosted PBX configuration prior to installation will result in configuration charges.
    1. Equipment.  Customer acknowledges that the delivery of the Hosted PBX Service will require the installation of customer premise equipment, such as routers, handsets, switches (“Equipment”).  Customer has the option of leasing such Equipment from All West for a recurring monthly charge; purchasing the Equipment from All West for a one-time non-recurring charge; or providing its own Equipment.

(A)          All West Leased Equipment.  All Equipment provided and owned by All West, which the Customer leases from All West (“Leased Equipment”), shall remain, at all times, the property of All

West. Upon termination of the Hosted PBX Service, Customer’s right to use the Leased Equipment will immediately end and Customer shall return the Leased Equipment to All West. Leased Equipment provided by All West shall only be used in conjunction with the Hosted PBX Service and Customer is not authorized to use the Equipment for any other purpose.   Leased Equipment may be new or recertified. All West will not be responsible for managing any Leased Equipment longer than the time period for which the manufacturer of any such device supports the hardware and software on such device. In the event this time period expires prior to the end of the Customer’s contract term, All West reserves the right to replace such Leased Equipment with equipment having similar feature sets.

(B)          Equipment Purchased from All West.  Customer may purchase the Equipment from All West for a one-time non-recurring charge per device as set forth in the Application and/or Service Order. In the event Customer requests replacement Equipment, Customer will be required to purchase new Equipment at the current rates. Warranty support for purchased Equipment will not be handled by All west, and should be addressed directly with the device manufacturer.

(C)          Customer Provided Equipment.  Unless otherwise approved by All West, only equipment provided by All west will be permitted to connect to the underlying Hosted PBX Service.  All West will review requests for connection of other Equipment on an individual case basis, and permission will be given at All West’s sole discretion.  All West will not be liable or responsible for any installation, testing, troubleshooting, repair, integration, support or maintenance regarding any Customer provided Equipment used in connection with the Hosted PBX Service. Customer understands that it may experience quality of service or degradation issues resulting from the Hosted PBX Service being used with these devices.  Customer represents and warrants that they possess all required rights, including software and/or firmware licenses, to use any equipment that All West has not provided to Customer.

  1. Electronic Monitoring.  All West may electronically monitor the Hosted PBX system including Leased Equipment for remote diagnostics and corrective actions; to determine applicable charges; and, to verify compliance with applicable software license terms and restrictions.  Customer shall provide All West with any necessary dial-up connection and other assistance for remote access.
    1. Customer Local Area Network (LAN).  Customer acknowledges that the Hosted PBX Service may vary based on  Customer’s LAN infrastructure. Customer is responsible for the design, management, performance, and ongoing service and support of their corporate and/or remote office LANs.  All West may, in its sole discretion, offer Professional Services to assist Customer in configuration of Customer LAN elements. In no case will All West be held responsible for any interruptions in Customer’s business, or failure of Customer’s LAN or equipment as a result of this assistance, if provided.
    1. Customer remains responsible for its own network security and security violation response procedures.  

ARTICLE 14. PRIVACY POLICY [KS1] 

  1. Privacy Policy. The Privacy Policy explains All West’s (“we” or “our”) practices and policies relating to the collection and use of Customer (“you” or “your”) information through or in connection with our Site and use of our Services, whether Customer is browsing our Site, purchasing Services from, discussing billing issues with our customer service representatives, or using our facilities for Customer’s communications needs. This Privacy Policy applies to all products and Services offered by All West, and details our commitment to protect Customer information. By visiting All West’s Site or using our Services, Customer consents to the collection and use of your information by us as set forth in this Privacy Policy. All West reserves the right to change or modify the terms of this Privacy Policy at any time, so Customer should check it regularly for any changes or updates. Updates will be posted on All West’s Site. In addition, any questions regarding this Privacy Policy, should be directed to All West by telephone or mail at 866.ALL.WEST (255-9378) or 50 West 100 North, Kamas, Utah 84036.
    1. Important Terms Used In This Privacy Policy. Throughout this Privacy Policy All West uses several specialized terms: “Customer Proprietary Network Information“ (CPNI) means Customer service usage related information such as the numbers Customer calls and when Customer calls them, as well as the particular services Customer uses, such as call forwarding or voice mail. All West collects this information so we can provide Customers with the services requested and send Customers bills for these services. “Personally  Identifiable Information” is information that tells us specifically who the Customer is, including, name, street address, email address, billing address, social security number, tax identifications number, driver’s license number, credit card information, bank account number, telephone number, and other account information. “User Information” means all Personally Identifiable Information and any other forms of information discussed in this Privacy Policy, including the Internet Protocol (IP) address of a user’s computer and CPNI (as defined below). All West uses the term “aggregate” when we combine information from various persons and users. Information is said to be “anonymous” if it does not identify individual persons or entities or associate a particular person or entity with such information.
    1. Customer Proprietary Network Information (CPNI). CPNI is a subcategory of protected customer information defined by federal law as information about a consumer’s account, including usage and billing of telecommunications services. Those services are offered by providers of traditional local, long distance, and wireless services, as well as providers of Voice over Internet Protocol (VoIP) services to consumers. CPNI includes what services you subscribe to, how you use them, and what you are charged for them. It does not include your name, address, telephone number, or other types of information such as information about your telephone equipment or Internet access services. All West is required to treat CPNI confidentially, and we do. The FCC regulates when and how CPNI can be shared and used.
  2. Marketing rules. The FCC has categorized consumer CPNI into three distinct service groups: local, long distance, and wireless service. The CPNI that a carrier can use to market its services to its customers – without their approval – depends on what service groups the customer already buys from. Carriers are permitted to use CPNI for marketing similar products within a service group. For example, if Customer subscribes to All West’s local service, All West is allowed to use that local service information to sell Customer additional local service products and services.

14.4 How All West Collects Information And How We Use It. All West collects information in three primary ways:

we may ask if you would like us to send you marketing materials about our Services and other associated products. If you request such materials, then we may use Personally Identifiable Information you give us to send you such materials. Except as otherwise set forth in this Privacy Policy, we will not share Personally Identifiable Information with third parties without your consent.

  1. Using All West Services. When Customer uses our Services, you must provide certain Personally Identifiable Information for us to properly provide you with the Services. All West collects and stores this Personally Identifiable Information and any modifications that either you or we make to that information. All West may  disclose User Information (i) to provide you Services that you request and provide you with the best customer experience possible; (ii) to answer questions you may have about the Services you purchase; (iii) to communicate with your regarding Service updates, offers and promotions, and deliver customized content and advertising to you; (iv) to address network integrity and security issues; (v) to obtain a credit report; (vi) to provide local directory and directory assistance; (vii) to law enforcement or other governmental officials as required by law, if appropriate, for your protection, safety, or in connection with an investigation or prosecution of possible unlawful activity, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations; (viii) in connection with a sale or merger of All West; or (ix) for other legally permissible purposes. We may also share aggregate anonymous data relating to the transactions on the Site and use of the Service for marketing, research and other purposes.
    1. Feedback. Except as otherwise provided in the Privacy Policy or in other written documentation provided by All West to Customer, any comments or materials you send to All West through the Site, including without limitation, feedback developer ideas, questions, comments, or suggestions (collectively “Feedback”), may not be treated as confidential and shall become the property of All West. All West has no obligation of any kind with respect to such Feedback, and may be free to reproduce, use, disclosed, exhibit, display, and distribute the Feedback.
    1. Cookies. Cookies are very small text files that our Site may send to your browser for storage on the hard drive. A type of cooking may be deployed if you use our Services. Cookies can make use of our Site easier by saving your status and preferences upon visits to our Site. Most browsers are initially set up to accept cookies, but you may be able to change the settings to refuse cookies or to be altered when cookies are being sent.
    1. How we protect Customer information. All West employs and maintains technology and security measures designed to protect User Information. When you submit sensitive information via our Site, that information is subject to a variety of protections both on-line and off-line, including password protected systems and firewalls. Sensitive and private data exchange between the Site and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. However, no data transmission over the Internet can be guaranteed to be 100% secure.
    1. Third party websites. Customer may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their

content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service  policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We are not responsible or liable for the actions or policies of third parties.

  1. Control of Customer Password. To help secure User Information, All West has designed a password protected system. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Except as specifically permitted by this Privacy Policy or other instructions regarding the Services, you should not, lend, give, or otherwise disclose your password to any unauthorized person, or permit any unauthorized person to use your accounts or related passwords. Any loss of control of passwords may result in the loss of control over Personally Identifiable Information or User Information. You will be responsible for any actions taken on your behalf or any person using your password or user identification. If passwords have been compromised, then you should immediately change your password or notify us so that we may issue a new password.

This is an equal opportunity provider and employer. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Form, Found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov