PLEASE NOTE THAT CURRENT VOICE SERVICE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES VIA “911” IN THE SAME MANNER AS TRADITIONAL LANDLINE TELEPHONE SERVICE. SEE SECTION 6 OF THIS AGREEMENT FOR MORE INFORMATION. 

2. Term. The initial term of this Agreement is one month from the date that the Service is first provisioned and will continue on a month-to-month basis thereafter. You are responsible for installing the Equipment when you receive it. Your monthly billing cycle will commence after you sign up for Service, whether or not you actually begin using the Service.

2.1. Prices and features for the Service and other CURRENT services will be posted on our Web Site, the home page for which is www.current.net. Prices and features may also be obtained by calling 1-877-7PLUGIN.

2.2. CURRENT reserves the right to change the price of any component or feature of the Service that is billed at a monthly rate at any time after the initial term upon thirty (30) days notice by posting notice of such changes on our Web Site. Changes to per-minute rates for calls and other services that are billed based on usage may be made on three (3) days notice by posting notice of such changes on our Web Site. Increases to charges that recover costs associated with regulatory requirements, taxes or other government programs may take effect as soon as three (3) days after we post notice of such increases on our Web Site, or sooner if required by law. CURRENT reserves the right to change features of the Service at any time, and will also post notice of such changes on our Web Site.

3. Telephone Adapter. CURRENT will provide, on terms to be established at the time you sign up for the Service, one or more Telephone Adapters (“TA”) and power line modems for your use. TAs are devices that permit ordinary telephones to make and receive VOIP communications over a broadband connection. You agree that you will not attempt to use your TA from any location other than the service address associated with your Service account in our records.  If you wish to use your TA at a different address, you must first call us to determine whether CURRENT can provide the Service at that location and if so, to permit us to update your service address.  If you attempt to connect your TA to another company’s broadband network or to use it at an address other than the service address associated with your account, your Service may not function properly for 911 or other calls. 

4. Service Will Not Operate During Electric Power or Internet Service Outage. The Service will not operate during an electric power outage that affects your service location or any portion of the electrical network that is used to deliver service to and from that location. The Service also will not operate in the event that the broadband service to which your TA is connected is unavailable for any reason, including without limitation, CURRENT’s cancellation or suspension of your CURRENT Broadband® service for failure to pay any charges due. The Service may operate in a limited or impaired manner if your connection to CURRENT’s broadband over power line network or other broadband connection experiences technical problems that limit its functionality. 

5. Service Will Be Suspended If Credit Card Billing Fails. Monthly charges for the Service are billed to your credit card one month in advance on a 30-day cycle. 

5.1. If we are unable for any reason to obtain payment in any month using the credit card information you provided to us, your CURRENT Voice service acount will be suspended while we attempt to resolve the problem with your billing. Your Service will be cancelled if we are unable to resolve all such billing issues after thirty (30) days of suspension. Credit card billing may fail for a variety of reasons, including but not limited to: if your card has been suspended, terminated or cancelled for any reason, including because it is reported as lost or stolen or as a fraud-prevention measure by your credit card company; if you have exceeded your credit limit; or if the credit card expiration date you provided to us has passed. 

5.2. If your charges for the Service, including out-of-plan or international calling, 411, directory assistance calls, and operator assistance calls, exceed fifty dollars ($50) at any point during a monthly billing cycle, those charges will immediately be billed to your credit card. If your credit card company refuses to authorize payment of such charges for any reason, including those described in the preceding section, your CURRENT Voice service account will be suspended. ("Out-of-plan" calling charges include any calls that incur charges in addition to your regular monthly charges for the Service plan or Service features you have selected.)

5.3. While your CURRENT Voice service account is suspended or cancelled for any reason, you will not be able to access your voice mail, or to use the Service to place or receive calls, including calls to “911.” 

6.  911 Service. THE SERVICE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES VIA “911” IN THE SAME MANNER AS TRADITIONAL LANDLINE TELEPHONE SERVICE. THE SERVICE WILL ATTEMPT TO ROUTE 911 CALLS TO AN EMERGENCY SERVICES AGENCY SERVING THE ADDRESS ASSOCIATED WITH YOUR ACCOUNT IN OUR RECORDS, BUT CURRENT DOES NOT GUARANTEE THAT ANY CALL TO 911 OR OTHER EMERGENCY SERVICES WILL BE COMPLETED, THAT SUCH A CALL WILL BE DELIVERED IN A MANNER THAT INCLUDES INFORMATION CORRECTLY IDENTIFYING THE NUMBER OR ADDRESS FROM WHICH THE CALL WAS PLACED (OFTEN KNOWN AS “ENHANCED 911” or “E911”), OR THAT SUCH A CALL WILL BE DELIVERED TO THE CORRECT RECIPIENT.

6.1. You cannot use the Service to call 911 if the power is out in your service location or if the power is out on any portion of the electrical network CURRENT uses to deliver the Service to your home.

6.2. If the broadband service or modem or other equipment your Service uses is malfunctioning for any reason or is installed incorrectly, you will not be able to place or receive 911 calls.

6.3. Following a power outage, you may have to reset your TA (by disconnecting and then reconnecting its power cord) in order to use the Service.

6.4. CURRENT will attempt to deliver information to the agency receiving a 911 call that will identify the telephone number and address assigned to the TA from which the call was placed. However, CURRENT does not guarantee that the Service will be able to correctly deliver such information. If you place a call to 911 using the Service and your call is disconnected or the caller is unable to speak or otherwise communicate his or her location to the agency receiving the 911 call, the agency receiving that call may not be able to determine your location or call you back. If you use the Service to call 911, you should immediately tell the dispatcher your location (or the location of the emergency, if different).

6.5. If you have activated Service features such as Call Forwarding, Call Blocking or Do Not Disturb at the time you call 911 and your call is interrupted, the agency receiving your call may not be able to call you back.

6.6. You agree that you will not attempt to use your TA from any location other than the service address associated with your Service account in our records. If you move your TA to a location other than the address associated with your account in our records, a 911 call placed from your TA will be directed to the 911 response center associated with your CURRENT Voice service address, not the location of your TA. In addition, the Service will attempt to transmit information to the 911 responder that you are calling from the address in our records, not from your TA’s new location. If you use the Service to call 911, you should immediately tell the responder your location (or the location of the emergency, if different). It is your responsibility to ensure that you have provided us with the correct service address.

6.7. For technical reasons, there is a greater possibility that a 911 call placed using the Service will result in a busy signal or take longer to answer, as compared to traditional 911 calls.

6.8. CURRENT is committed to providing access to the Service, including to 911 capabilities, to persons with disabilities as required by law. If you intend to use a TDD, TTY or similar device for the hearing impaired with the Service, we recommend that you verify that the device can communicate successfully using the Service with the agency responsible for responding to 911 calls from your service address.

6.9. You agree to inform members of your household, guests, and others who may use the Service about the above limitations on the Service’s ability to support 911 or E911 capability.

6.10. In case of emergency, you may wish to maintain an alternative means of reaching 911, such as a wireless phone, in addition to the Service.

7. Service Requirements. (i) You represent and warrant that you are at least 18 years old and that you are responsible for all usage of the Service and any other services accessed through the Service on your account. (ii) You may be required to provide and maintain a valid major credit card. (iii) You may be entitled to certain Service discounts CURRENT may offer from time to time. Such discounts may be listed on our Web Site, or can be obtained by calling 1-877-7PLUGIN.

8. Your Account, Password And Security. If you do not already have a CURRENT Broadband service account, you will select a username and password when you sign up for Service. If you already are a CURRENT Broadband customer, you will use your existing CURRENT username and password for on-line access to your Service account. Your username and password may be used to change the settings on your account, order hardware, and to perform other tasks that could cause you to incur charges. You are responsible for keeping your account information confidential so that no one else accesses your account. You should notify CURRENT immediately upon discovering any unauthorized access to your account.

9. Charges and Payment. You will be charged in advance a monthly charge for  (i) the Service, (ii) any Service features you have selected that incur a monthly charge and (iii) any applicable taxes and other fees. The specific features available to you and the taxes and fees you incur may vary depending upon your service locations or billing address.

9.1.  If you cancel your Service during a service month, you will not receive a refund for any unused portion of monthly Service plan or feature charges for that month.
 
9.2. Depending on the rate plan and Service features you choose and certain discounts or promotions you may receive, you may be charged a one-time Account Set-Up Fee when you sign up for the Service. You will be informed of whether such a fee applies and its amount when you sign up.

9.3. Depending on the rate plan and Service features you choose, you may incur usage-based charges for calls to Directory Assistance, international calls, or in-state or interstate long distance or local toll calls. We will determine each call’s type by comparing the telephone number associated with your Service in our records with the telephone number called. The rates applicable to specific types of calls are available on our Web Site, and may vary depending upon the Service plan or features you select. Usage-based charges may be “rounded up” to the nearest time increment, as described on our Web Site.

9.4. If the usage-based charges to your account, including out-of-plan calling, Directory Assistance calls and Operator Assisted calls, exceed fifty dollars ($50) at any point during any single billing cycle, those usage-based charges will immediately be billed to the credit card you provided for bills for the Service. If the issuer of your credit card does not authorize payment of such usage-based charges, we will immediately suspend your CURRENT Voice service account.

9.5. As indicated on our Web Site or on your completed order form, some Service plans or features may impose charges for: (i) exceeding a specified monthly usage level; (ii) placing certain types of calls (e.g. , international calls or calls to Directory Assistance); (iii) hardware; (iv) shipping; (v) account set-up; (vi) telephone number “porting”; or (vii) early cancellation.

9.6. You must provide accurate billing information including legal name, address, telephone number and credit card/billing information. CURRENT is not responsible for any charges or expenses, such as overdrawn accounts or exceeded credit card limits that result from charges billed by CURRENT. You agree to maintain valid and current billing information on file with CURRENT at all times, and to report any changes to this information immediately via our Web Site or by calling 1-877-7PLUGIN. By providing a telephone number as part of your billing service information, you agree to receive calls from us at that number, even if the number is assigned to a wireless phone or other service that may cause you to incur charges for incoming calls. You further agree that we may call you at such number about billing-related or service-affecting issues, even if the number you provide us is on applicable "do not call" list. 

9.7. You are responsible for all charges to your account, including any applicable taxes and regulatory fees or surcharges. Delinquent accounts may be suspended or canceled at CURRENT's discretion. Charges will continue to accrue until your account is canceled. CURRENT may impose an additional charge to reinstate a suspended account.

9.8. CURRENT will not provide credits or other compensation for any interruption or unavailability of the Service.

9.9. Questions regarding charges to an account should be directed to our Customer Service Department at 1-877-7PLUGIN. All charges will be considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for any charges unless CURRENT receives such timely written notice.

10. Local Number Portability. If you wish to do so, you may be able to transfer, or “port”, an existing telephone number so that you can use that number for the Service. If you attempt to port your number, the following terms and conditions will apply:

10.1. In order to port your number, we must provide your existing telephone company with specific information that will verify that you wish to move your number to the Service. We may provide several different means for you to choose from to authorize us to port your number, including an on-line form, a toll-free number that you can call, or a paper form that you must complete and sign. By completing one of these processes, you authorize CURRENT to port your existing number to the Service and to notify your existing local telephone service provider that you wish to switch your local, local toll and long distance services to CURRENT Voice service. Any early termination fees or other charges that may be imposed by your existing telephone service provider as a result of porting your number are your responsibility and will not be paid or reimbursed by CURRENT.

10.2. If you tell us at the time you sign up for the Service that you wish to port your existing telephone number, we will issue a temporary number to you. After you have placed a few calls from your temporary number and have ensured that the Service is in working order, you may call us to begin the porting process. Alternatively, you may begin the porting process at any time after you have begun using the Service. Some restrictions apply. For example, if your existing number is being used for certain types of services, such as DSL or certain distinctive ring features, you may not be able to port your number. More information is available on our Web Site or by calling us at 1-877-7PLUGIN.

10.3. After you initiate the porting process and complete one of the required authorization methods, we will attempt to contact you within five (5) to ten (10) business days to confirm whether your number can be ported and if so, to schedule a date on which the port will be completed. It may take up to thirty (30) days to complete a port request.

10.4. If you wish to port your number, you must not cancel your existing telephone service for that number until porting is completed. If you cancel your service before a port is completed, you will not be able to port your number.

10.5. On the date your port is scheduled to be completed, we will verify that the port was successful. If it was not, your existing telephone number will be restored to your old telephone service within twenty-four (24) hours. We will then attempt to contact you to resolve the problem.

11. Using The Service From Your Existing Phone Jacks. If you wish to do so, the Service can be connected to your service location's existing wiring so that you can use the Service from your existing telephone jacks (also known as “backlighting”). In most areas that CURRENT serves, we make available installation professionals who will connect the Service to your existing telephone wiring, or you may do so yourself or make arrangements with a third party to do so. You are responsible for any damage to the hardware provided with the Service that is caused by improper wiring that you (or an installer who is not provided by CURRENT) perform. If you wish to have CURRENT backlight your service location, you may call us at 1-877-7PLUGIN (1-877-775-8446) to learn more, and to determine if this service is available to you.

11.1. If you do not own the premises where the Service is to be connected to existing telephone wiring, then by requesting that we backlight that premises you warrant that you have the authority to allow CURRENT employees and/or its agents to enter the premises and change its telephone wiring.  You agree to indemnify and hold CURRENT harmless from and against any claims by the owner of the premises arising out of the performance of this Agreement or your backlighting request.

11.2 CURRENT will not backlight a location that is using an existing telephone line for a home security system or medical monitoring device or certain other devices that require a dial-up modem connection. Due to technical issues, at this time CURRENT will not backlight only a portion of the telephone lines in a service location. If you wish to have a CURRENT representative connect the Service to your existing telephone wiring, you must agree to disconnect all of your service loaction's wiring from the traditional telephone network.

11.3. If you wish to both backlight your service location and port your existing telephone number (so that you can use the Service and have your existing number continue to ring at your service location's telephone jacks), CURRENT will work with you to attempt to schedule a CURRENT representative’s visit to your service location on the same day that your port becomes effective, or on a date after, but as close as possible to, that date.

12. Equipment provided by CURRENT. You bear all risk of damage, loss or theft for any TA or other equipment that CURRENT provides or sells to you. Any equipment that you purchase or receive from CURRENT is subject to the CURRENT Communications Equipment Return Policy, which is posted on our Web Site at  www.current.net/ourpolicies.

13. Cancellation. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your only remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that may apply. By continuing to use or subscribe to the Service after any change to this Agreement or any other agreement applicable to the Service, you indicate your agreement to such changes.

13.1. Depending on the Service plan or promotion you select, CURRENT may provide a TA or other equipment (collectively, “Equipment”) to you at no charge for your use of the Service. Cancellation of the Service by you within the first year will not result in a charge for such Equipment, provided that you return all materials provided to you by CURRENT in the original box or equivalent intact with all components in like-new condition, within thirty (30) days of cancellation.

13.2. To cancel the Service you must call 1-877-7PLUGIN. Cancellation will be effective at the end of the billing period in which notice of cancellation is received.

13.3. CURRENT may terminate this Agreement, your account, or your use of the Service for any reason, including, without limitation, if CURRENT, in its sole discretion, believes you have violated this Agreement or CURRENT’s Privacy Policy, Terms of Use or Acceptable Use Policy, or if you fail to pay any charges when due. Termination notice will be sent via e-mail or U.S. Mail to the e-mail or billing address associated with your account in our records.

14. Revisions. This Agreement, and CURRENT’s Acceptable Use Policy, Terms of Use and Privacy Policy are posted on CURRENT's Web Site and represent the entire agreement between you and CURRENT with respect to your use of the Service. CURRENT may revise, amend, or modify each agreement as provided in that document. Any revision, amendment, or modification will be posted on our Web Site at  www.current.net/ourpolicies , or may be sent via e-mail, U.S. mail or overnight delivery service to your e-mail address or mailing address as it appears in CURRENT's records. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of CURRENT.

15. Privacy. Your use of, and communications via, the Service will remain private. We will not examine the phone numbers of calls you place or receive, except as necessary to provide or administer the Service, unless you authorize us to do so to diagnose a problem with the Service. We will not monitor the content of your calls unless you specifically authorize us to do so to diagnose a problem with the Service. We will collect certain information about your usage of the Service in order to analyze and improve its capabilities, such as the times of day you use the Service and your total minutes of use. Any data we collect will be kept confidential and will be maintained on an anonymous basis where feasible. Notwithstanding the foregoing, we will disclose any information that we determine, in our sole discretion, is reasonable in order for us to comply with any law, regulation or governmental or legal request, or to protect CURRENT and its subscribers.

16. Certain services not supported. The Service cannot be used to place the following types of calls: 900-, 976-, 1010xxx (sometimes known as “dial-around” calls), and “0+” calling (such as collect calls or third party billing). In addition, the service may not support some types of “N11” calls (such as 311, 511, etc.).

17. Warranty Disclaimers. CURRENT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR BY ANY OTHER PARTY WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE.  ALL EQUIPMENT AND SERVICES PROVIDED BY CURRENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IF  ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU ENTER INTO THIS AGREEMENT WITH CURRENT.

17.1. CURRENT neither owns nor controls the Internet or certain other facilities through which the Service may be provided, and does not guarantee any particular level of Service availability or quality. You understand and agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit using the Service. CURRENT is not responsible for invalid destinations, transmission errors, or corruption or security of your communications. CURRENT does not warrant the Service to be uninterrupted or error-free. You understand and agree that delays and disruptions of the Internet transmission of VOIP services are completely beyond CURRENT’s control.

17.2. You agree that your use of the Service is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.

17.3. You agree not to connect security systems or medical monitoring devices to the Service. In addition, CURRENT makes no warranty or representation of any kind that the Service will operate without errors when used to connect (a) any device that requires a dial-up network connection, including, but not limited to, satellite television receivers, modems and digital video recorders; or (b) a facsimile machine.  By accepting this Agreement, you waive any claim against CURRENT and its affiliates, officers, directors, owners, agents, underlying service providers, suppliers, licensors and licensees (the “CURRENT entities”) for any injury arising from interference with, or disruption of, any devices described in this section by the Service.

18. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE CURRENT ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF THE SERVICE OR THE HARDWARE CURRENT PROVIDES TO YOU. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL THE CURRENT ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE.

THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF CURRENT, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS OR REPRESENTATIVES WHICH , BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST CURRENT IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

19. Indemnification. You are solely responsible for all of your communications and activities while using the Service, including communications and activities – both authorized and unauthorized – by members of your household or other persons on your premises. In no event shall the CURRENT entities be liable for any communications you receive from or send to third parties via the Service. You hereby indemnify, defend and hold harmless the CURRENT entities from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by one or more of the CURRENT entities in connection with any claim arising out of any breach by you of this Agreement or claims arising from your use of the Service. You shall use your best efforts to cooperate with the CURRENT entities in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

20. No Violation of Law. You represent, warrant and covenant that you shall not use the Service to engage in any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law.

21. Use of Service. You represent, covenant and warrant: (a) that you will not use a residential Service account for any purpose other than  residential, non-commercial use by yourself, members of your household and visitors to your home; (b) that you will not transfer the Service, resell it or otherwise make it available for commercial use; and (c) that you will not use the Service for telemarketing (including, without limitation, charitable or political solicitation or polling), operation of a "chat line" or any other type of audiotext service, fax or voicemail broadcasing or "blasting" or continuous or extensive call forwarding or use of chat lines or other entertainment services. CURRENT reserves the right at any time, in its sole discretion, to (y) cancel or suspend your account or (z) change your account to a different billing plan, if we determine that the nature or amount of your use of the Service is unreasonable or indicates activity that violates this Agreement or CURRENT’s Acceptable Use Policy or Terms of Use. You agree that CURRENT may monitor your monthly usage for possible abuse of the Service. If you subscribe to an unlimited calling plan, your telephone usage must be consistent with normal residential use for a single household. Usage in excess of 5,000 minutes a month is considered evidence of potential abuse.

22. No Tampering. You agree not to attempt to tamper with, disassemble, de-compile or reverse engineer any Equipment, hardware or software that CURRENT makes available for your use in connection with the Service. You further agree not to attempt to “hack” or disrupt the Service, or use the Service in any manner that is inconsistent with its intended purpose.

23. Intellectual Property. The Service, the Equipment, all services and materials on the CURRENT Web Site, and any firmware or software that is used to provide the Service, provided to you in conjunction with the Service, or embedded in the TA (collectively “Firmware or Software”), are protected by trademark, copyright or other intellectual property laws and international treaty provisions. The CURRENT Web Site, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") are and shall remain the exclusive property of CURRENT, and nothing in this Agreement shall grant you the right or license to use such Marks. You are not granted any license to use the Firmware or Software other than a nontransferable, revocable license to use the Firmware or Software (without making any modification thereto) in accordance with the terms and conditions of this Agreement

24. Governing Law. This Agreement is governed by the laws of the State of New York without regard to conflicts of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by the laws of the State of New York, without regard to conflicts of law provisions, and will be held in Rochester, NY. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement. Except as may be otherwise provided by law, and action or claim you may have with respect to the Service must be commenced as herein provided within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

25.1. We may provide links on our Web Site to other web sites which are not under our control. In general, any web site which has an address (or URL) which does not contain  www.current.net is such a web site. These links are provided for convenience only and are not intended as an endorsement by CURRENT of the organization or individual operating such web site or a warranty of any type regarding such web site or the information presented on it.

25.2. You may provide a hypertext link to our Web Site on another web site, provided that: (a) the link must be clearly marked “CURRENT Communications”, (b) the link must direct a user clicking on it to the URL http://www.current.net and not to any other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by CURRENT, (e) the link, when activated by a user, must display our Web Site full-screen and not within a “frame” on the linked web site, and (f) CURRENT may, in its sole discretion, revoke consent to link to our Web Site at any time. All other hypertext links to the Web Site must be approved in writing by CURRENT.

26. Miscellaneous. If one or more provisions of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. CURRENT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CURRENT as reflected in the original provision. The waiver by either party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. CURRENT may subcontract any work, obligations or other performance required of CURRENT under this Agreement without your consent.

Version effective: 10/16/07