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PRIVACY POLICIES

EvenLink Subscriber Privacy Notice
We, at EvenLink LLC ("ISP"," "we" or "us"), are providing this Notice to inform you of our practices regarding personally identifiable information that may be collected in the course of providing Internet services to you. This Notice makes reference to the Electronic Communications Privacy Act of 1986, as amended ("ECPA"), and the Online Copyright Infringement Liability Limitation Act of 1998 ("Copyright Act"), which are applicable to you as a subscriber of EvenLink.
 
Important Terms
When reviewing any privacy policy on the Internet, you should be familiar with the terms "personally identifiable information" and "aggregate information." "Personally identifiable information" is any information that can be used to identify, contact or locate you as an individual. Common examples are name and address.

"Aggregate information" lumps your behavior or characteristics together with those of a group. For instance, we may let advertisers know that 50% of our users are over 35 without disclosing the personal information of any one individual.

You should also be aware that most of the content and applications provided through EvenLink are provided by third parties, and that by accessing the online content of these third parties you may cause or enable the transmission by the system to them of personally identifiable information. The policies described in this Notice do not apply to such third parties. These third parties may have their own privacy policies, which you may also want to review.
 
Five areas are covered by this Notice
1. The nature of personally identifiable information collected about you and the way such information is used;
2. The nature, frequency, and purpose of any disclosure that may be made of such information;
3. Disclosure of information to governmental entities and through legal process;
4. The period of time such information will be maintained; and 5. Your online communications. of voice quality.
 
1. Collection and Use of Personally Identifiable Information
In order that we can provide service to you and operate efficiently, we collect the following types of information about you that may constitute personally identifiable information: your name, home, email and work address, telephone numbers, and credit and credit card information. Depending on the services we provide to you, our records also may include information on billing, payment, damage and security deposits, maintenance and repairs, the number and location of PCs in your home and your PC configuration, the service options you have chosen, and the number of modems or other Internet equipment installed in your home. We may remotely check your PC to the extent necessary to determine whether it is susceptible to unauthorized access or the dissemination of computer viruses. We may also keep records of research concerning subscriber satisfaction with our services, which are obtained from subscriber interviews and questionnaires. Additionally, we may have a record of whether you rent or own your home in the event that landlord permission is required prior to installing our Internet facilities. We also maintain subscriber correspondence (via e-mail or otherwise) and we may keep records of violations and alleged violations of your ISP Service Subscription Agreement (your "Subscription Agreement") and other rules governing your use of the ISP Service. Finally, we may sometimes obtain from third parties publicly available information about our subscribers.

The information described in the preceding paragraph is used for purposes such as the following: to make sure you are being billed properly for the services you receive; to send you pertinent information about our services; to maintain or improve the quality of our services; to answer questions from subscribers (i.e., for troubleshooting); to ensure compliance with relevant law and contractual provisions; to market Internet or other services or products that you may be interested in; and for tax and accounting purposes. EvenLink's system, in delivering and routing the ISP Services, may automatically log information concerning Internet addresses you contact, and the duration of your visits to such addresses. We do not use or disclose any personally identifiable information that may be derived from these logs for marketing, advertising or similar purposes.

EvenLink, in providing the ISP Service to you, also has access to personally identifiable information about you or your ISP account, including the name and address associated with a given IP address or, possibly, one or more e-mail accounts.
 
2. Disclosure of Personally Identifiable Information
Personally identifiable information that we maintain related to our subscribers will never be disclosed by us without the prior written or electronic consent of subscribers unless: (1) it is necessary to render, or conduct a legitimate business related to, the services that are provided to you; or (2) such disclosure is required by law or legal process as described below.

The types of persons to whom personally identifiable information about you may be disclosed by us in the course of providing Internet service to you include our employees and those of our related legal entities, agents, repair and installation subcontractors, sales representatives, accountants, billing and collection services and credit reporting agencies, consumer and market research firms, and authorized representatives of governmental bodies. Also upon reasonable request, personally identifiable information is disclosed to persons or entities with an equity interest in legal entities related to us when they have a legal right to inspect our books and records.

Information for billing purposes is generally provided by us on a monthly basis to billing vendors. Information for other purposes is provided by EvenLink as it is needed.
 
3. Disclosure of Information to Government Entities and Other Legal Process
Under federal law, the government may require EvenLink to disclose subscriber record information pursuant to a warrant, court order, subpoena, or other legal process without any notice to you and without your consent.

Under ECPA, a governmental entity may obtain basic subscriber information pursuant to an administrative subpoena, including: name; address; local & long distance telephone connection records, or records of session times and durations; length and types of service; telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address (e.g., IP address); and means and source of payment for such service (including any credit card or bank account number). Other subscriber information (not including video program selections and the contents of communications) may be obtained by the government pursuant to a court order or search warrant.

Under the Copyright Act, a private party may use a subpoena to obtain information about you in order to protect its copyright against infringement, without any notice to you.
 
4. Time Period That We Retain Personally Identifiable Information
EvenLink maintains personally identifiable information about subscribers for as long as it is necessary for business purposes. This period of time lasts as long as you are a subscriber and up to fifteen additional years so that we can comply with tax and accounting requirements. When information is no longer necessary for these purposes, we destroy the information unless there is a legitimate outstanding request or order to inspect the information.
 
5. Your Online Communications
In addition to the situations described in Section 3, ECPA provides for other exceptional circumstances under which EvenLink may be compelled to disclose information about you or your communications, or is permitted to disclose such information. For example, such information may be disclosed to law enforcement if it appears to be evidence of child pornography, or was inadvertently obtained and appears to pertain to a crime. Such disclosure is also permitted to an addressee or intended recipient (or his or her agent), or to a person involved in forwarding such information to its destination; when it is necessarily incident to providing service or to protect our rights or property; to others with your consent or the consent of an addressee or intended recipient (or his or her agent) of communications sent by you; or as otherwise provided for by law.
     

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