HORIZON TELCOM Terms and conDITIONS

These Terms and Conditions (“Terms” or “Agreement”) constitute an agreement between you and
the Chillicothe Telephone Company (“Horizon”).

THESE TERMS GOVERNING YOUR USE OF THE HORIZON SERVICE INCLUDE A BINDING
ARBITRATION PROVISION SET FORTH BELOW, WHICH INCLUDES A WAIVER OF CLASS ACTIONS
AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Customer’s use of the Services shall be deemed acknowledgment that Customer has read and
agreed to these Terms. If Customer does not agree to be bound by these Terms, Customer should
immediately cease all use of the Service and notify Horizon at 740-772-8331 to terminate the
account.

Customer Responsibility: Customer shall obtain and maintain throughout the Term of the Agreement
such consents (including, without limitation, landlord and land owner consents) as are necessary to timely
permit, and shall timely permit, Horizon personnel to install, deliver, operate and maintain the Services and
any necessary equipment, as contemplated herein, at Customer’s premises. Customer shall permit Horizon
to access the Customer premises at reasonable times as needed to install, configure, operate, upgrade,
maintain or remove its equipment and other service components located at Customer’s premises.
Customer shall make and maintain throughout the Term all preparations necessary to permit the
installation, maintenance, and operation of the Services and any equipment as specified by Horizon.
Provided Customer properly performs all necessary preparation and provides Horizon with all required
consents, Horizon shall use commercially reasonable efforts to install the Services in accordance with a
mutually agreed upon schedule. Customer shall have three (3) days after receipt of a Completion Notice
(“Acceptance Period”) to test and provide Horizon notice accepting or rejecting the Service. If Customer
determines during the Acceptance Period that the Service is not operating in conformity with Horizon’s
service specifications, Customer shall immediately notify Horizon (specifying in reasonable detail the defect
or failure of the Service). In the event that Customer notifies Horizon in writing that the Service is
unacceptable, Horizon shall, within thirty (30) days following receipt of such notice, remedy the Service and
re-deliver such Service to Customer. The foregoing process shall continue until the Service shall have
been accepted in writing by Customer or three attempts have been made by Horizon without the Service
complying with Horizon’s service specifications. If Customer fails to notify Horizon of its acceptance or
rejection of the Completion Notice within any applicable Acceptance Period, Customer shall be deemed to
have accepted such Service. Customer’s sole and exclusive remedy for Horizon’s failure to provide Service
as set forth above shall be to terminate the failed Service without liability to either party.

Horizon Equipment: Horizon will repair and/or replace damaged or defective Horizon equipment, if any,
as long as such damage or defect was not caused by misuse or other improper operations or handling by
Customer. Horizon shall have the right to presume misuse or other improper operations or handling by
Customer in the event Customer requests repair or replacement more than twice in any twelve (12) month
period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill
any such repair or replacement. Horizon is not responsible for the maintenance or repair of Customerprovided
equipment, including but not limited to connected devices, mobile devices, home telephones,
computers, modems, televisions, or any other related Customer-provided equipment. A service charge may
be imposed upon the dispatch of a technician if there is damage to Horizon equipment due to negligent use
or abuse or if no fault is discovered in Horizon’s system or equipment. Horizon makes no warranties, with
respect to Horizon equipment or Service provided by Horizon or with respect to the compatibility of the
Service or the Horizon equipment with any Customer-provided equipment.

ALL HORIZON EQUIPMENT IS PROVIDED “AS IS”, AND HORIZON HEREBY SPECIFICALLY
DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE,
AND FITNESS FOR A SPECIFIC PURPOSE. HORIZON SHALL NOT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING
WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM
THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT.

Horizon’s sole obligation and Customer’s sole remedy with respect to any liability or damage caused by
Customer’s use or deployment of Horizon equipment, shall be a refund of fees paid by Customer for such
Horizon equipment for the previous billing month/cycle.

Customer agrees that neither Customer nor any other person (except Horizon’s authorized personnel) will:
(A) open, tamper with, service, or make any alterations to the Horizon equipment; nor (B) remove or relocate
any Horizon equipment from the service address of initial installation. Any alteration, tampering, removal,
or the use of Horizon equipment which permits the receipt of Services without authorization or the receipt
of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service
and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Customer, Horizon shall
relocate the Horizon equipment for Customer within Customer’s home at a time mutually agreed to by
Horizon and Customer. Customer may incur a charge for such relocation and should consult a current
Horizon schedule of rates and charges prior to requesting such relocation.

Obligation to Pay: All invoices are due and payable upon receipt. Customer shall pay invoices in full,
including any applicable tax or surcharges, within twenty-five (25) days of receipt. After 25 days, any
remaining balance on the account is deemed overdue, and Horizon may charge a late fee for all overdue
amounts. The late fee will be the lower of one and one-half percent (1½%) per month assessed in full in
the first month of the billing period or the highest rate chargeable by law. Customer shall also be responsible
for all costs of collection (including reasonable attorneys’ fees) to collect overdue amounts. In addition to
the foregoing, and all other available remedies, following ten (10) business days’ notice, Horizon may
discontinue Customer’s access to the Service in whole or in part, until such overdue amounts, together with
interest, are paid. Horizon may require a security deposit, letter of credit, advance payment for Service or
other reasonable assurances of payment from Customer. Failure to remit payment for any invoice within
sixty (60) days of invoice shall constitute a default of a material Term of the Agreement, and Horizon may
terminate the Agreement, and Customer shall be liable for any past due charges, interest, late fees,
termination fees and Horizon’s attorney’s fees.

Termination: In the event that Customer fails to comply with any applicable laws or regulations or the
terms of the Agreement, Horizon may suspend or discontinue Customer’s Services in whole or in part
without advance notice. In addition, Horizon may immediately suspend Customer’s use of the Service if
such use is determined by Horizon, at its sole discretion, to be resulting in a material degradation of
Horizon’s network, until such time as such degradation has been remedied. In the event of a suspension,
Horizon may require a reconnect charge to restart the suspended Service. Upon the termination or
expiration of the Agreement: (a) Horizon’s obligations hereunder shall cease; (b) Customer promptly shall
pay all amounts due and owing to Horizon for Services delivered prior to the date of termination or expiration
and any applicable de-installation fee or termination fees, if any; (c) Customer promptly shall cease all use
of any software provided by Horizon hereunder, and shall return such software to Horizon; and (d) Customer
shall return to Horizon or permit Horizon to remove, in Horizon’s sole discretion, the equipment in the same
condition as when received, ordinary wear and tear excepted. Customer shall be responsible for
reimbursing Horizon for the repair or replacement, at Horizon’s discretion, of any equipment not returned
in accordance with this section. In addition, notwithstanding anything to the contrary herein, upon early
termination of an order by Customer for any reason, Customer shall pay Horizon any unpaid portion of the
installation fee set forth in the applicable order(s), and at Horizon’s option, (1) promptly pay Horizon a
termination fee equal to all of the Services charges that would have been due for the remainder of the initial
term or the then-current renewal term (exclusive of any discount previously received by Customer) or (2)
reimburse Horizon for all volume, term or other discounts and credits provided in anticipation of full
performance of Customer’s obligations, as applicable. Upon any termination, Customer shall pay the
greater of the installation fee or the costs for Horizon to complete any construction associated with an order
for Service. Customer acknowledges that such fees represent a reasonable determination of the direct and
liquidated damages caused by Customer’s default. The foregoing shall be in addition to any other rights
and remedies that Horizon may have under the Agreement or at law or equity relating to Customer’s
breach.

Billing: All billing inquiries should be directed to 740-772-83321 or via mail to the attention of Customer
Care, PO BOX 480, Chillicothe OH 45601.

Liens and Encumbrances: Customer shall not, directly or indirectly, create or impose, or purport to create
or impose, any lien on: (i) any asset or property interest of Horizon, or (ii) the Agreement or any interest
herein. Customer, at its own expense, shall take such action as may be necessary to discharge any such
lien.

Compliance with Laws: Each party shall perform its respective rights and obligations hereunder in
material compliance with all applicable laws, rules, and regulations imposed by any governmental authority
of competent jurisdiction.

Force Majeure Events: Neither party shall be liable to the other party for any failure of performance under
the Agreement to the extent that such arises from causes beyond its reasonable control, including but not
limited to the following events: severe or unusual weather conditions, strikes, labor disturbances, lockouts,
war or act of war (whether an actual declaration of war is made or not), insurrection, riots, act of public
enemy, actions or inactions of any government instrumentality or public utility including condemnation,
cable cuts, shortages or delays caused by third-party vendors, accidents, fire, flood, or other acts of God,
and unavailability of materials and/or qualified labor to perform the work necessary.

Indemnification: Customer agrees to defend, indemnify and hold harmless Horizon, Horizon Telcom Inc.
and their respective officers, directors, employees and agents, from and against all claims, liabilities,
damages and expenses, including attorneys’ and other professionals’ fees, arising out of or relating to (a)
the use of the Service; (b) personal injury or property damage caused by the negligence or willful
misconduct of Customer or its employees or agents or (c) any breach or default by Customer of its
representations and covenants contained in the Agreement; (d) the installation, operation, provision, or
other use of Horizon Services and/or Horizon equipment; (e) the negligence, willful misconduct, violation of
a third party’s rights, or failure to comply with applicable law by (i) Customer, (ii) members of Customer’s
household, or (iii) Customer’s guests, or (iv) any other person using the Services provided to Customer; (f)
libel or slander resulting from any use of the Services by (i) Customer, (ii) members of Customer’s
household, (iii) Customer’s guests, or (iv) any other person using the Services provided to Customer; (g)
infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade
secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i)
Customer, (ii) members of Customer’s household, (iii) Customer’s guests, or (iv) any other person using
the Services provided to Customer, including that effected through combination of Customer’s use of the
respective Service(s) with facilities, equipment, or services provided or used by Customer or obtained from
third parties; and (h) any unauthorized, unlawful, or fraudulent use of or access to the Services, except as
otherwise provided by applicable law. The foregoing defense and indemnity obligations exclude damages
to the extent caused by the gross negligence or willful misconduct of the Horizon Indemnitees. Horizon
agrees to defend, indemnify and hold harmless Customer from and against all claims, liabilities, damages
and expenses, including attorneys’ and other professionals’ fees, arising out of or relating to personal injury
or property damage caused by the negligence or willful misconduct of Horizon or its employees or agents.

Confidentiality: All information relating to Customer that is known to be confidential or proprietary, or
which is clearly marked as such, will be held in confidence by Horizon and will not be disclosed or used by
Horizon except to the extent that such disclosure or use is reasonably necessary to the performance of
Horizon’s work. All information relating to Horizon that is known to be confidential or proprietary, or which
is clearly marked as such, will be held in confidence by Customer and will not be disclosed or used by
Customer except to the extent that such disclosure or use is reasonably necessary to the performance of
Customer’s duties and obligations under the Agreement. These obligations of confidentiality will extend for
a period of one year after the termination or expiration of the Agreement, but will not apply with respect to
information that is independently developed by the parties, lawfully becomes a part of the public domain,
or of which the parties gained knowledge or possession free of any confidentiality obligation.

Disclaimer of Warranty: Customer assumes total responsibility for use of the Services, and Customer
agrees to access the Internet at its own risk. Horizon exercises no control over and has no responsibility
whatsoever for the content transmitted or accessible through the Service or the Internet or actions taken
on the Internet, and Horizon expressly disclaims any responsibility for such content or actions. Except as
specifically set forth herein, the Services and related equipment and other materials used in connection
with the Services, if any, are provided without warranties of any kind, either express or implied, including
but not limited to warranties of title, non-infringement, system integration, data accuracy, quiet enjoyment,
merchantability or fitness for a particular purpose. No advice or information given by Horizon, its affiliates
or its contractors or their respective employees shall create any warranty. Horizon does not represent or
warrant that the Services will meet Customer’s requirements, will prevent unauthorized access by third
parties, will be uninterrupted, secure or error free or that any minimum transmission speed is guaranteed
at any time. In addition, Customer acknowledges and agrees that transmissions over the Internet may not
be secure. Customer further acknowledges and agrees that any material and data uploaded, downloaded,
or otherwise obtained through the use of the Services is done at Customer’s own discretion and risk and
that Customer will be solely responsible for any damage to Customer’s computer system or loss of data
that results from the uploading, downloading or other transmission of such materials or data. In addition,
Customer acknowledges and agrees that Horizon’s third party service providers do not make any warranties
to Customer under the Agreement, and Horizon does not make any warranties on behalf of such service
providers under the Agreement, express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy or
quiet enjoyment.

Limitation of Liability: IN NO EVENT SHALL HORIZON BE LIABLE TO CUSTOMER OR TO ANY
THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES, OR LOST PROFITS, REVENUE OR DATA, ARISING OUT OF OR RELATING TO THE
AGREEMENT, REGARDLESS OF WHETHER OR NOT HORIZON HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HORIZON TO CUSTOMER FOR
ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE
AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE)
AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER UNDER
THE AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM ARISES.

Waiver of Jury Trial: EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS
AGAINST THE OTHER PARTY ARISING OUT OF THE AGREEMENT, INCLUDING COUNTERCLAIMS.

Risk of Loss: Customer shall be responsible for replacing or repairing any and all equipment installed
under the Agreement if the same is damaged due to acts of God, vandalism, or other casualty, or force
majeure unless and to the extent that such damage or loss is caused or contributed to by the negligence,
recklessness or intentional misconduct of Horizon or Horizon’s subcontractors.

Excuse from Performance of Certain Obligations: To the extent that Horizon’s performance under the
Agreement is materially hindered or rendered impossible by Customer’s interference with Horizon’s
equipment or by Customer’s refusal to allow reasonable access to such equipment, such non-performance
shall be excused.

Modification: Horizon shall have the right, but not the obligation, to upgrade, modify and enhance the
Horizon equipment and the Services and take any action that Horizon deems appropriate to protect and
enhance the Services. Horizon also shall have the right to add to, modify or delete any provision of the
Agreement. Horizon will notify Customer of any material adverse change in the Agreement or Service
descriptions by posting notice of such change on the Horizon’s web site or by email. In any event, if Horizon
modifies the Agreement and such modification has a material adverse impact on Customer’s ability to use
the Services, Customer may, within the thirty (30) day period following the date of such modification,
terminate without penalty the order relating to the affected Service. Otherwise, the Agreement may not be
amended or modified without the written consent of both parties.

Relation of Parties: The performance by Horizon of its duties and obligations under the Agreement will
be that of an independent contractor, and nothing herein will create or imply an agency relationship between
Horizon and Customer, nor will the Agreement be deemed to constitute a joint venture or partnership
between the parties.

Governing Law: The Agreement shall be governed and enforced in accordance with the laws of the State
of Ohio, without regard to conflicts of laws principles.

Arbitration: The following provisions are important with respect to the agreement between Customer and
Horizon regarding Horizon’s Services. PLEASE READ THEM CAREFULLY TO ENSURE THAT
CUSTOMER UNDERSTANDS EACH PROVISION. These Terms require the use of arbitration to resolve
disputes and otherwise limits the remedies available to Customer in the event of a dispute.
Subject to the “Exclusions” paragraph below, Horizon and Customer agree to arbitrate disputes and claims
arising out of or relating to the Agreement, these Terms, and the Services. Notwithstanding the foregoing,
either party may bring an individual action on any matter or subject in small claims court.
THESE TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE
ARBITRATION PROVISIONS. A party who intends to seek arbitration must first send to the other a written
notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Horizon should
be addressed to: PO Box 480, Chillicothe OH 45601 (“Arbitration Notice Address”). The Notice must: (1)
describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do
not reach an agreement to resolve the claim within 30 days after the Notice is received, Customer or Horizon
may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the
scope of the arbitration clause), but the arbitrator shall be bound by the terms of these Terms. The
arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as
modified by these Terms, and the arbitration shall be administered by the AAA. The AAA Rules and fee
information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the
Arbitration Notice Address. HORIZON SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES
AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000. CUSTOMER IS RESPONSIBLE FOR ALL
OTHER ADDITIONAL COSTS THAT CUSTOMER INCURS IN THE ARBITRATION INCLUDING, BUT
NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE
REQUIRED OF HORIZON UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either
party may appeal such award to a three-arbitrator panel administered by the AAA and selected according
to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration
award. The appealing party must provide the other party with a copy of such appeal concurrently with its
submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days
of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final
and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties
may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator,
via a telephonic hearing, or by an in-person hearing as established by AAA rules.
CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND HORIZON
ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. Unless Horizon and Customer agree
otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish)
of Customer’s billing address. The arbitrator may award injunctive relief only in favor of the party seeking
relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by
such individual’s claim. The parties agree that the arbitrator must give effect to the terms of these Terms.
CUSTOMER AND HORIZON AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S
INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR
REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and Horizon agree otherwise in
writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not
otherwise preside over any form of representative or class proceeding. If this specific paragraph is found
to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of
no further effect with respect to the specific claim at issue.

Right to Opt Out. If Customer does not wish to be bound by these arbitration provisions, Customer must
notify Horizon in writing within 30 days of (a) the date that this arbitration provision becomes effective, if
Customer is an existing customer, or (b) the date that Customer first subscribes to the Service(s). Customer
may opt out by mail to the Arbitration Notice Address. Customer’s written notification to Horizon must
include Customer’s name, address, and Horizon account number as well as a clear statement that
Customer does not wish to resolve disputes with Horizon through arbitration. Customer’s decision to opt
out of this arbitration provision will have no adverse effect on Customer’s relationship with Horizon or the
delivery of Services to Customer by Horizon.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause
will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be
given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME
OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY
REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE
SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE
FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence
only, in the event such waiver is found to be unenforceable, it shall be severed from these Terms, rendered
null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. CUSTOMER AND HORIZON AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES
SHALL NOT BE SUBJECT TO ARBITRATION: (1) ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER
OR BY HORIZON ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT
THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. (2) ANY DISPUTE OVER THE VALIDITY OF
ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. (3) ANY DISPUTE RELATED TO OR ARISING
FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
The foregoing arbitration provisions shall survive the termination of these Terms.

Severability: If any term or provision of the Agreement shall, to any extent, be determined to be invalid or
unenforceable by a court or body of competent jurisdiction, then (i) both parties shall be relieved of all
obligations arising under such provision and the Agreement shall be deemed amended by modifying such
provision to the extent necessary to make it valid and enforceable while preserving its intent, and (ii) the
remainder of the Agreement shall be valid and enforceable.