Business Upgrade Agreement Name of Business* Contact* First Last Contact Phone*Contact Email* Billing Address* Street Address Address Line 2 City St Zip Contract Agreement* I agree to the terms of this contract.I agree to the one (1) year commitment required to waive the $75 upgrade charge for advanced technologies. I understand that I will be subject to an early termination fee of $10 per month of the remaining term should I cancel service for any reason prior to the completion of the term. I UNDERSTAND THAT IF THIS INTERNET UPGRADE RESULTS IN A CHANGE FROM COPPER FACILITIES AND I RETAIN MY LANDLINE PHONE, THAT MY PHONE WILL NO LONGER BE LINE POWERED AND WOULD REQUIRE BATTERY BACKUP TO OPERATE IN THE EVENT OF A POWER OUTAGE. For complete battery backup details including retail costs from Peoples visit peoplescom.net/batterybackup. I understand overall connection speed will be influenced by the actual Internet backbone speed and the bandwidth available at each website. I also understand access may be temporarily unavailable for maintenance and repair or other reasons beyond the control of Peoples. I understand all prices are subject to change without notice. I UNDERSTAND AND AGREE THAT IF I TERMINATE PRIOR TO THE END OF THE CONTRACT PERIOD, I WILL RETURN ALL EQUIPMENT PROVIDED BY PEOPLES AND PAY AN EARLY TERMINATION FEE OF UP TO $125.00. I understand Peoples may terminate my service if I violate this agreement or Internet Terms of Use Agreement, available at www.peoplescom.net or upon request, and I agree to pay the termination fee as described above. This agreement will be governed by the laws of the state of Texas and I consent to the exclusive jurisdiction and venue of courts of Wood County, Texas for all disputes arising out of or in relation to this agreement. You may have additional consumer rights under local laws that this contract cannot change. I accept Peoples service “as is,” “with all faults” and “as available.” Peoples makes no express warranties or guarantees about Peoples service. To the extent permitted by law, Peoples disclaims implied warranties that Peoples services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. Peoples does not guarantee that Peoples service will meet certain requirements, is error-free, or without interruption and available at all times. No oral or written information or advice given by a Peoples representative shall create a warranty. YOUR SOLE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF PEOPLES SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND/OR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF PEOPLES SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON PEOPLES SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. Upon a request by Peoples, I agree to defend, indemnify, and hold harmless Peoples and other affiliated companies, and its respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from my use or misuse of Peoples Services. Peoples reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Peoples in asserting any available defenses. This agreement and any supplemental terms, policies, rules and guidelines posted on the Peoples website constitute the entire agreement between you and Peoples and supersede all previous written or oral agreements. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. By accepting above, I warrant I am at least 18 years of age and all information supplied is accurate. As more fully explained above, I agree to pay the termination fee if I end my Peoples Service subscription before the end of the period associated with my contract term. I have read and agree to the Terms and Conditions of this agreement.