TERMS OF USE POLICY

LIGHTOWER AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “LIGHTOWER”) OFFERS TO YOU ACCESS TO AND USE OF ITS WEBSITES OWNED OR OPERATED BY LIGHTOWER AND ITS AFFILIATED COMPANIES (COLLECTIVELY, THE “WEBSITE”) EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS HEREIN WITHOUT MODIFICATION (“TERMS OF USE”). BY ACCESSING, BROWSING OR USING ANY AREA WITHIN THE WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE. LIGHTOWER MAY, AT ITS SOLE DISCRETION, CHANGE, UPDATE, AMEND OR MODIFY THESE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU, AND YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. IT IS YOUR OBLIGATION TO VISIT THIS WEBPAGE TO REVIEW ANY SUCH MODIFICATIONS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS OF USE, DO NOT USE THE WEBSITE.

GENERAL:

This Website is an online information and communications service provided by Lightower. In addition to the other Terms of Use set forth herein, it is a condition of your use of the Website that you do not:

  • Restrict or inhibit any other user from using and enjoying the Website;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  • Post or transmit any information, software or other material that contains a virus or other harmful component;
  • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
  • Use the Website to advertise to or solicit anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Lightower; and
  • Gather, for the purpose of spamming, e-mail addresses that have been posted on the Website.

Lightower reserves the right to deny anyone access to the Website at its sole discretion for any reason, including but not limited to, violations of these Terms of Use. The Website may from time to time provide links to other web sites not affiliated with Lightower that may have a Terms of Use Policy different from, or in addition to, the Terms of Use specified herein, particularly in the case of web sites hosting third party content or that allow posting by third parties. By accessing any such web sites through links provided on the Website, you agree to abide by each applicable Terms of Use Policy as set forth therein.

IP ADDRESSES:

IP addresses are automatically assigned to your computer whenever you are online. Web servers automatically identify your computer by its IP address. Lightower collects IP addresses for the purpose of system administration, to report aggregate information, and to audit the use of the Website. When guests request pages from Website, our servers log the guests’ IP address. Lightower does not normally link the IP address to anything personally identifiable, which means that a user’s session will be logged but the user remains anonymous to us. Lightower can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect our service, site, customers, or others. Some services within the Website may display IP addresses along with the message poster’s name and message. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.

COOKIES/WEB BEACONS:

Cookies are pieces of information that a web site transfers to an individual’s computer for record-keeping purposes. Cookies may make your use of the Website easier by saving your preferences while you are at the Website. Lightower never save passwords or credit card information in cookies. Web beacons are electronic images that allow a web site to count users who have visited that page or to access certain cookies. Web beacons may also be used in HTML-formatted email messages in order to determine which email messages were opened and to note whether a message was acted upon. Cookies and beacons allow Lightower to determine which areas of the Website are visited most often. Improvements and updates to the Website may then be based on such data as total number of visitors and pages viewed. Visitors to the Website always have the option of disabling cookies by changing their browser preferences. Although most browsers are initially set up to accept cookies, you can change your browser preferences to refuse all cookies or indicate when a cookie is being sent. Please note that some functions of the Website may not work properly or may be
considerably slower if you refuse cookies.

SECURITY:

The importance of security for all personally identifiable information associated with visitors to the Website is very important to Lightower. We exercise care in transmitting your information to our servers. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Lightower cannot insure or warrant the security of any information that you transmit to us or from our online products or services, and therefore you do so at your own risk. Once we receive your transmission, Lightower makes efforts to ensure its security on all of our systems.

INTELLECTUAL PROPERTY RIGHTS. The website, web pages, content, data, information, images, text and the like contained in the Website are the exclusive property of Lightower. Lightower claims ownership, rights, titles, and interests in all such information, including any text, data, information, images, photographs, video, or other materials, that you upload, transmit or store in the Website. Lightower reserves the right to use any such information in your account for any purpose, and without liability from you. Accordingly, you will not copy, reproduce, alter, modify, or create derivative works from the Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Lightower copyright, patent or trademark. Should you choose to respond directly to Lightower with comments, questions, suggestions, ideas or the like relating to the Website, you agree that such information shall be deemed as non-confidential and Lightower shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

LINKS TO NON-WEBSITE:

There may be links to other sites from the Website that take you to web sites that are outside of Lightower’s control. These other sites may send their own cookies to users, collect data, or solicit personal information. Please remember that whenever you disclose personal information online that information can be collected and used by others whom you do not know. Lightower is unable to guarantee the security of any information you disclose online, and therefore you should be aware that you do so at your own risk. Lightower’s policies do not extend to anything that is inherent in the operation of the internet, and therefore beyond Lightower’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

PARENTAL NOTICE:

The Website are not directed to minors, and persons under the age of 18 years of age shall not use the Website, or any sites linked to them, to submit any information about themselves.

FORWARD-LOOKING STATEMENTS:

Certain material on the Website may contain forward-looking statements that are subject to material risks and uncertainties. Investors are cautioned that any such forward-looking statements are not guarantees of future performance or results and involve risks and uncertainties, and that actual results or developments may differ materially from those in the forward-looking statements as a result of various factors. These risks and uncertainties include, but are not limited to, uncertainties relating to general economic and business conditions, acquisitions and divestitures, growth and expansion risks, the availability and cost of capital, government and regulatory policies and developments, the pricing and availability of equipment, materials, inventories and programming, product acceptance, the ability to construct, expand and upgrade fiber optic networks and related facilities, risks associated with reliance on the performance and financial condition of vendors and customers, the ability of the companies to execute on their business plans and to market services to existing and new customers, dependence on customers and their spending patterns, technological developments and changes in the competitive environment in which we operate. Additional information regarding factors that may affect the business and financial results of Lightower may be found in its most recent financial statements. Lightower does not undertake to update any forward-looking statements in press releases, news stories or any other matters posted on the Website.

INDEMNIFICATION:

YOU (AND YOUR SUB-USERS) AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LIGHTOWER, AND ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE. IN SUCH AS CASE, LIGHTOWER WILL PROVIDE YOU WITH A WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

DISCLAIMER OF WARRANTEES AND LIABILITY:

THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIGHTOWER DISCLAIMS ALL WARRANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. NEITHER LIGHTOWER, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE WEBSITE WARRANT THAT THE INFORMATION CONTAINED IN THE MATERIALS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS THAT YOU READ ON WEBSITE ARE PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. LIGHTOWER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BY USING ANY OF THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF ANY OF THE WEBSITE IS AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT NEITHER LIGHTOWER, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE WEBSITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF ANY OF THE WEBSITE. BY WAY OF EXAMPLE ONLY, AND WITHOUT LIMITATION, LIGHTOWER AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LIGHTOWER IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. IF YOU HAVE ANY DISPUTE OR CLAIM WITH OR AGAINST LIGHTOWER, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM; OTHERWISE, ALL LEGAL PROCESSES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IS PERMANENTLY BARRED.

CONFLICT:

The terms herein are inapplicable to your use of Lightower’s customer portal, which has its own terms of use.

CHOICE OF LAW:

These Terms of Use will be governed by and constructed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. Any claims, legal proceeding or litigation arising in connection with these Terms of Use will be brought solely in the Commonwealth of Massachusetts, and you expressly consent to the jurisdiction of all such courts.

Customer Quote

"Xtreme Ultra-Low Latency Network is an excellent complimentary offer to our Ultra-Low Latency Wave Service. The broad reach of the Xtreme Ultra-Low Latency Network represents tremendous last-mile flexibility for firms seeking the lowest latency door-to-door round trip between New York and Chicago."

CEO

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