Below you will find instructions for steps to take prior to setting up your new Sundt-issued iPhone/iPad. Please make sure you have your Sundt username (email) and password handy.

Acceptable Use Policy

Introduction

eSquared is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use eSquared's network and the Internet without interference or harassment from other users. The eSquared AUP ("AUP") is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. eSquared reserves the right to change or modify the terms of the AUP at any time, effective upon written notice to Customer. Customer's use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Scope of the AUP

The AUP applies to the eSquared services that are provided over the Internet or wireless data networks (collectively "IP Services").

Prohibited Activities

General Prohibitions: eSquared prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of eSquared's network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the eSquared-branded website or from a website that contains eSquared-branded content is a violation of this AUP.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of eSquared or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize eSquared provided web hosting, eSquared reserves the right to decline to provide such services if the content is determined by eSquared to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Inappropriate Interaction with Minors: eSquared complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. eSquared will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

• sending multiple unsolicited electronic mail messages or "mail-bombing" - to one or more recipients;
• sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
• sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
• sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
• sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the eSquared network or of the networks with which eSquared interconnects, by virtue of quantity, size or otherwise;
• using another site's mail server to relay mail without the express permission of that site;
• using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
• using IP addresses that the Customer does not have a right to use;
• collecting the responses from unsolicited electronic messages;
• maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
• sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
• using distribution lists containing addresses that include those who have opted out;
• sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
• falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
• using redirect links in unsolicited commercial e-mail to advertise a website or service;
• posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
• intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
• knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
• using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of eSquared's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

• unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
• hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
• impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
• using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
• distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
• knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
• engaging in the transmission of pirated software;
• with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
• using manual or automated means to avoid any use limitations placed on the IP Services;
• providing guidance, information or assistance with respect to causing damage or security breach to eSquared's network or systems, or to the network of any other IP Service provider;
• failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. eSquared has no responsibility for any material created on the eSquared's network or accessible using IP Services, including content provided on third-party websites linked to the eSquared network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by eSquared of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

Customer's failure to observe the guidelines set forth in this AUP may result in eSquared taking actions anywhere from a warning to a suspension or termination of Customer's IP Services. When feasible, eSquared may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

eSquared reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when eSquared reasonably determines, that the conduct may: (1) expose eSquared to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of eSquared's network or networks with which eSquared is interconnected, (3) interfere with another eSquared Customer's use of IP Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to eSquared or eSquared Customers.

eSquared has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, eSquared may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the eSquared network and its customers.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an eSquared Customer (or its user) should be directed service-request@e2cc.com. Where possible, include details that would assist eSquared in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the IP Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the process detailed at http://www.copyright.gov/legislation/dmca.pdf  and directed to the designated agent listed below:

eSquared's Designated Copyright Agent for notice of claims of copyright or trademark infringement on the sites can be reached as follows: service-request@e2cc.com

Contact Information: Any notification that eSquared sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with eSquared, may be in a note on the billing notice or may be in writing to Customer's address of record. It is Customer's responsibility to promptly notify eSquared of any change of contact information.

Customer Proprietary Network Information Policy

eSquared is committed to maintaining the privacy of its customers. eSquared is obliged to provide Customer with protections to certain information about how Customer uses its Services. However, that information can help us customize and improve Services eSquared offers to Customer.

In this section, eSquared describes what information eSquared protects and how it is protected.

CPNI PROTECTIONS

As a customer of eSquared Services, Customer has the right, and eSquared has a duty, under federal law, to protect the confidentiality of certain types of Services, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of Customer's use of its Services, and (2) information contained on Customer's telephone bill concerning the Services Customer receives. That information, when matched to Customer's name, address, and telephone number is known as "Customer Proprietary Network Information," or "CPNI" for short.  Examples of CPNI include information typically available from telephone-related details on Customer's monthly bill, technical information, type of Service, current telephone charges, long distance and local Service billing records, directory assistance charges, usage data and calling patterns.

APPROVAL

From time to time, eSquared would like to use the CPNI information it has on file to provide Customer with information about eSquared's communications-related products and Services or special promotions. eSquared's use of CPNI may also enhance its ability to offer products and Services tailored to Customer's specific needs. Accordingly, eSquared would like Customer's approval so that eSquared may use this CPNI to let Customer know about communications-related Services other than those to which Customer currently subscribes that eSquared believes may be of interest to Customer. IF CUSTOMER APPROVES, CUSTOMER DOES NOT HAVE TO TAKE ANY ACTION; CUSTOMER'S SIGNATURE ON THE SERVICE AGREEMENT SIGNIFIES CUSTOMER'S CONSENT THAT ESQUARED MAY USE AND DISCLOSE CPNI AS DESCRIBED HEREIN.

However, Customer does have the right to restrict eSquared's use of Customer's CPNI. CUSTOMER MAY DENY OR WITHDRAW ESQUARED'S RIGHT TO USE CUSTOMER'S CPNI AT ANY TIME BY CALLING 877-371-3222 or emailing service-request@e2cc.com. If Customer denies or restricts its approval for eSquared to use Customer's CPNI, Customer will suffer no effect, now or in the future, on how eSquared provides any Services to which Customer subscribes. Any denial or restriction of Customer's approval remains valid until Customer's Services are discontinued or Customer affirmatively revokes or limits such approval or denial.

In some instances, eSquared will want to share Customer's CPNI with its independent contractors and joint venture partners in order to provide Customer with information about eSquared's communications-related products and Services or special promotions. Prior to sharing Customer's CPNI with its independent contractors or joint venture partners, eSquared will obtain written permission from Customer to do so.

CUSTOMER AUTHENTICATION

Federal privacy rules require eSquared to authenticate the identity of its customer prior to disclosing CPNI.  Customers calling eSquared can discuss their Services and billings with an eSquared representative once that representative has verified the caller's identity. There are three methods by which eSquared will conduct Customer authentication:

1)    by having the Customer provide a pre-established password and/or PIN;

2)    by calling the Customer back at the telephone number associated with the Services purchased; or

3)    by mailing the requested documents to the Customer 's address of record.

Passwords and/or PINs may not be any portion of the Customer's social security number, mother's maiden name, amount or telephone number associated with the Customer's account or any pet name. In the event the Customer fails to remember their password and/or PIN, eSquared will ask the Customer a series of questions known only to the Customer and eSquared in order to authenticate the Customer. In such an instance, the Customer will then establish a new password/PIN associated with their account.

NOTIFICATIONS OF CERTAIN ACCOUNT CHANGES

eSquared will be notifying Customer of certain account changes.  For example, whenever an online account is created or changed, or a password or other form of authentication (such as a "secret question and answer") is created or changed, eSquared will notify the account holder.  Additionally, after an account has been established, when a Customer's address (whether postal or e-mail) changes or is added to an account, eSquared will send a notification.  These notifications may be sent to a postal or e-mail address, or by telephone, voicemail or text message.

DISCLOSURE OF CPNI

eSquared may disclose CPNI in the following circumstances:

• When the Customer has approved use of its CPNI for eSquared or eSquared and its joint venture partners and independent contractors (as the case may be) sales or marketing purposes.
• When disclosure is required by law or court order.
• To protect the rights and property of eSquared or to protect Customer and other carriers from fraudulent, abusive, or unlawful use of Services.
• When a carrier requests to know whether Customer has a preferred interexchange carrier (PIC) freeze on its account.
• For directory listing Services.
• To provide the Services to the Customer, including assisting Customer with troubles associated with its Services.
• To bill the Customer for Services.

PROTECTING CPNI

eSquared uses numerous methods to protect Customer's CPNI. This includes software enhancements that identify whether Customer has approved use of its CPNI. Further, all eSquared employees are trained on the how CPNI is to be protected and when it may or may not be disclosed. All marketing campaigns are reviewed by a eSquared supervisory committee to ensure that all such campaigns comply with applicable CPNI rules.

eSquared maintains records of its own and its joint venture partners and/or independent contractors (if applicable) sales and marketing campaigns that utilize Customer CPNI. Included in this, is a description of the specific CPNI that was used in such sales or marketing campaigns. eSquared also keeps records of all instances in which CPNI is disclosed to third parties or where third parties were allowed access to Customer CPNI.

eSquared will not release CPNI during Customer-initiated telephone contact without first authenticating the caller's identity in the manner set-forth herein. Violation of this CPNI policy by any eSquared employee will result in disciplinary action against that employee as set-forth in eSquared's Employee Manual.

BREACH OF CPNI PRIVACY

In the event eSquared experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require eSquared to report such breaches to law enforcement.  Specifically, eSquared will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: www.fcc.gov/eb/cpni. eSquared cannot inform Customer of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent tells the carrier to postpone disclosure pending investigation.  Additionally, eSquared is required to maintain records of any discovered breaches, the date that eSquared discovered the breach, the date carriers notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement's response (if any) to the reported breach. eSquared will retain these records for a period of not less than two (2) years.

NOTIFICATION OF CHANGES TO THIS POLICY

If eSquared changes this CPNI Policy, eSquared will post provide written notice to Customer so that Customer can be aware of what information eSquared collects, how eSquared uses it, and under what circumstances, if any, eSquared disclose it. If Customer decides to continue receiving its Services after eSquared makes any changes to this the CPNI Policy, Customer shall be deemed to have given express consent to the changes in the revised policy.

Fraud Policy

Customer is solely responsible for fraudulent calls or data transmitted utilizing the Services.  Customer is solely responsible for selection, implementation and maintenance of security features for protection of WTS and IP Addresses and against unauthorized use of the wireless networks whether for voice calling or data theft, and eSquared shall have no liability therefor.  Customer is solely responsible for payment of all long distance, roaming, toll and other telecommunications charges incurred through use of the Services being provided hereunder regardless of whether such use was intended or authorized by Customer.  Customer shall defend, indemnify and hold harmless eSquaredfrom and against all costs, expenses, claims or actions arising from fraudulent use of WTS, IP Addresses or fraudulent calls of any nature carried by means of the Services.  Customer shall not be excused from paying eSquared for Services provided to Customer or any portion thereof on the basis that fraudulent use comprised a corresponding portion of the Services.  In the event eSquared discovers fraudulent use of WTS or IP Addresses or fraudulent calls being made, nothing contained herein shall prohibit eSquared from taking immediate action, without notice to Customer, that is reasonably necessary to prevent such fraudulent use from taking place.  Notwithstanding the foregoing, it is understood that eSquared is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent use billed by eSquared to Customer's account.

Taxes, Fees and Surcharges

The rates and charges for services provided by eSquared Communication Consulting ("eSquared") are exclusive of the charges described below. These charges do not count toward the attainment of any volume or revenue commitment and will not be discounted or credited in any way.

Below are descriptions of most of the charges that could appear on any invoice. These charges may or may not apply depending on the type of service you subscribe to. There may also be other charges on your invoice that are not described below. Any questions should be directed to:
service-request@e2cc.com

In general, charges appearing on invoices under "Taxes and Surcharges" or a similar heading or line item represent: (1) taxes imposed by governmental or quasi-governmental agencies that eSquared is required to collect on its services; (2) fees imposed by governmental or quasi-governmental agencies that eSquared may or may not be required to pass through to customers; and/or (3) industry standard cost recovery surcharges.

Federal Universal Service Fund

The Federal Universal Service Fund (FUSF) surcharge is identified as the "Federal Universal Service" charge on your eSquared bill. It is a monthly, percentage-based surcharge established by the Federal Communications Commission (FCC) and assessed on customers' interstate and international service. This fund supports telecommunications and information services in schools, public libraries and rural health care facilities; and subsidizes local service for consumers with low incomes and who live in areas where the costs of providing telephone service is high. The percentage of the surcharge changes each quarter. The applicable rate can be found at http://www.fcc.gov/omd/contribution-factor.html/

State Universal Service Fund

Similar to the FUSF, a number of states have enacted their own universal service fund on a state level. Funding helps pay for services to low income customers, customers with communication disabilities, and customers who reside in rural areas served by small or rural telecom providers where costs of providing telephone service is high. The contribution factor varies by state.

Long Distance Access Charge

The Long Distance Access Charge is a monthly charge the company assesses to recover costs imposed by the Local Exchange Carriers furnishing access services for use with the company's interexchange service.

Franchise Fee

The municipal franchise fee is also often referred to as a "right-of-way" fee. It is a monthly charge imposed by local jurisdictions and paid by the customer to help recover the costs associated with providing telephone service, to include installation of underground conduit, outside telephone wires, and telephone poles. This fee varies by location and is often based upon an agreement between the local jurisdiction and eSquared or upon local or state law.

Federal Excise Tax

The Federal Excise tax is imposed by the IRS and applied as percentage of standalone local telephone service and related features.

E911 Emergency System

This surcharge is imposed by local jurisdictions to fund the 911 Emergency Systems.

P.U.C. Tax

The Public Utility Commission (PUC) tax is a charge imposed by state telecommunications regulatory agencies on users of regulated services, which is used to finance operational costs of the state regulatory agency.

Sales Tax

Sales tax is a tax imposed by nearly all states, counties, cities and districts, on the sale of various goods and services for use or consumption. The applicability of the tax, as well as the rates, varies by each jurisdiction's constitutional provisions, and some services may be exempt from state and local sales taxes pursuant to federal law.

Access Recovery Charge

The Access Recovery Charge (ARC) is calculated as a percentage of total monthly recurring charges, and implemented to recover a portion of the access charges imposed by local exchange carriers (LECs).

Federal Regulatory Fee

This is a monthly charge assessed on interstate and international charges that allow the company to recover costs imposed by the Federal Government for Telecommunications Relay Services for the hearing-impaired and national number administration.

Property Tax Recovery Charge

This is a charge that allows eSquared to recover a portion of the property tax it pays to state and local jurisdictions.

Gross Receipts Tax

The Statutory Gross Receipts Tax is a tax on the privilege of doing business in the state measured by gross receipts received from business done in the state. This tax is typically imposed on the telecommunication provider; however, some states allow the provider to pass on the tax to the consumer.

Administrative Cost Recovery Fee

This is a fee that allows eSquared to recover the costs associated with the collection, processing and payment of any tax, fee or surcharge imposed upon eSquared or that eSquared must and/or does collect on customer invoices which it must then remit to the applicable tax jurisdiction or regulatory body. This includes eSquared's internal costs associated with compliance with any regulatory agency.

Cost Recovery Fee

This is a fee that allows eSquared to recover regulatory fees and expenses incurred by eSquared, such as FCC regulatory fees to fund various federally mandated programs, (PUC) fees, various state business licenses, and various state annual regulatory fees not otherwise provided in other line items or surcharges.

Federal Access Recovery Fee

The Federal Access Recovery Fee (FARF) is a charge designed to recover, in part, eSquared's costs of purchasing local access service from LECs, which include regulatory fees that LECs assess on or pass through to eSquared.

Universal Cost Recovery

Designed to recover access-related costs and municipality costs that cannot be recovered in a traditional line-item, per WTS/per service basis including increases due to FCC or other governmental or regulatory actions or judicial determinations made in connection with incumbent local exchange carrier charges for such WTS.

Carrier Recovery Surcharge

eSquared will charge a 0.5% fee in conjunction with various governmental taxes and surcharges, levies and administrative costs that eSquared incurs in procuring service for customers. This fee is designed, in part, to simplify the charges appearing on an invoice. This is a blended fee that will not be itemized. eSquared has designed the fee to be reasonable and believes it is lower than many in the industry. The Fee appears in the taxes and surcharges section of customer invoices and applies to all services. The fee is consistent with eSquared's customer agreements and is standard in the industry. The fee is not a tax, so it is therefore not subject to tax exemption. Some of the charges that are included in the blended fee are as follows:

• Cost Recovery Fee
• Property Tax Surcharge
• Franchise Cost Recovery
• FARF
• Administrative Cost Recovery Fee
• Universal Cost Recovery

TAX EXEMPTIONS/DISCLAIMER/RESERVATION OF RIGHTS: Many of the fees and surcharges listed above are NOT taxes and therefore are neither subject to nor eligible for tax exemption. To the extent a customer provides eSquared a duly authorized tax exemption certificate, eSquared will exempt such customer as of the date the certificate is received. No retroactive exemption or refund will be allowed. Customers qualifying for tax exemption will be required to show collection and remittance of such taxes to eSquared as required by eSquared in its sole discretion. If eSquared collects a tax and such tax or the collection thereof is found to be invalid or unenforceable, and solely if Status retained such amount or such amounts were returned to eSquared by the taxing jurisdiction, in its sole discretion eSquared may reduce future rates in order to offset such amounts collected, may grant credits on future invoices or may refund such amounts. If such amounts are retained by the taxing jurisdiction eSquared may, but is under no obligation to, use commercially reasonable efforts to obtain a resolution to customers in that jurisdiction. eSquared reserves the right to collect taxes retroactively in its sole discretion. eSquared reserves the right to review and update this document periodically and customer is bound by the then current document at all times, not the document active at the effective time of its contract with eSquared. Any disputes related to the taxes, fees and/or surcharges set forth above or anything contained in this document are specifically subject to the arbitration provisions contained in the terms and conditions of any applicable eSquared service agreement.