Agreements and Policies

This Master Services Agreement between Impulse Advanced Communications, LLC (“Impulse”) and the Customer identified below (“Customer”) includes all Service Supplements (“Service Supplement”) containing Service Orders and any Additional Terms and Conditions mutually agreed upon in writing.

1. Services: Impulse will provide the services and products (“Service”) described in the Service Supplement in accordance with the terms noted herein and as amended within the Service Supplement.
2. Prices and Rates:. The price for each Service is set forth in the Service Supplement.  Customer shall pay all sales, use, gross receipts, excise, occupational, access, bypass, franchise and other federal, state and local taxes, assessments, fees, charges, and surcharges, however designated, imposed on or based upon the provision, sale, purchase and/or use of Services.
3. Payment: Impulse shall invoice you monthly, (i) in advance for monthly recurring flat-rate Service to be provided, (ii) in advance for one-time, non-recurring and pro-rated Service to be provided and (iii) following the use of all measured or metered Service provided.  All invoices are due upon delivery, subject to any additional payment terms set forth in the Service Supplement and become past due thirty (30) days later without demand or set off by Customer.  If any invoice is not paid to Impulse within thirty (30) days of delivery, a late charge shall accrue on the delinquent amount at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less. Any and all dispute claims must be submitted to Impulse within thirty (30) days of receipt of the applicable invoice.  All dispute claims not submitted within said thirty (30) day period are deemed waived.  Impulse shall have the right, at its election and without obligation, in addition to all of its other rights and remedies, to immediately terminate this Master Services Agreement and/or suspend performance in the event of any overdue payment in excess of thirty (30) days or any breach or default under Sections 8, 10 or 11.  Customer shall be responsible for all reasonable costs (including reasonable attorney’s fees) incurred in collecting past due amounts under this agreement.
4. Term; Renewal: The term of this agreement shall begin on the Acceptance Date set forth at the end of this agreement and shall end upon the later of the completion of twelve (12) months or completion of the term for Service.  The term for each Service shall be set forth in the Service Supplement and shall not be less than twelve (12) months unless otherwise stated in the Service Supplement.  During the term, Customer shall pay Impulse for each Service subject to these terms and Impulse shall not increase such amounts during that period, but thereafter, Impulse may increase such amounts upon 30 days prior written notice.  If Customer cancels Service before the term of the agreement is complete or before Service activation, then Customer is responsible for the termination charges equal to the remaining balance of the agreement.  The term for each Service shall automatically renew for successive additional periods (“Extended Term”) each equal to the term set forth in Service Supplement unless either party delivers to the other party written notice of termination at least sixty (60) days prior to the end of the term or then Extended Term.
5. Obligations of Impulse: Impulse shall be responsible for providing Service consistent with industry standards, except as provided in the applicable Service Supplement.  IMPULSE DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
6. Obligations of Customer: Customer shall be responsible for the manner in which Service is used, including the maintenance and security of the data, computer network, PBX, ACD, voice mail, IVR and other facilities, the choice of equipment, software and online content, and all other matters related to the use of Service.
7. Indemnity: Impulse shall defend, indemnify and hold harmless Customer from and against any and all claims that any design of Service infringes on any U.S. patent, copyright, trademark, trade secret or other intellectual property right.  CUSTOMER WAIVES ANY AND ALL CLAIMS BASED UPON THE IMPLIED WARRANTY OF NON-INFRINGEMENT.  Customer shall defend, indemnify and hold harmless Impulse from and against any and all claims, damages, liabilities, losses, costs and expenses arising out of the use of Service, Customer’s combination of Service with other products and services not provided by Impulse, and any modification of Service.
8. Liability Limitation: Except for indemnification under section 7, any defaults under sections 10 and 11 and any breach by Customer of any Service Supplement, neither party shall be liable, for any direct, indirect, consequential, special or punitive damages or losses (including, but not limited to damages for lost profits or lost revenues), whether or not caused by acts, omission or negligence of its employees or agents, and regardless of whether such party has been advised of the possibility of such damages or losses.  This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, or service interruptions of any nature whatsoever.  IMPULSE’S AGGREGATE LIABILITY ARISING OUT OF THIS MASTER SERVICES AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (1) THE TOTAL AMOUNT PAID BY CUSTOMER TO IMPULSE FOR THE APPLICABLE SERVICE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RISE TO THE CLAIM OR (2) $100,000. Without limiting the generality of the above paragraph, you further acknowledge and agree that:
   • No Warranties, No Responsibility. Impulse exercises no control whatsoever over the content of the information passing through its Service connection.  Impulse makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing.  Impulse disclaims any warranty of merchantability or fitness for any particular purpose.  Use of any information or data obtained via Impulse is at your own risk.  Impulse bears no responsibility for the accuracy or quality of information obtained through its services.   Customer is solely responsible for any 3rd party company charges incurred by customer as a result of using Impulse Service.
   • Use Restricted to Lawful Purposes: Disclosure of Customer Information .Customer agrees to only use Impulse Service for lawful purposes and not to transmit any material in violation of any U.S. federal, U.S. State, or foreign law.  This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, or fraudulent or material protected by trade secret.  Impulse has no obligation to monitor Service but may do so and may disclose information regarding Customer’s use of Service to satisfy laws, regulations or governmental requests; to operate Service properly; and, to protect itself and its members. However, Impulse will not disclose member information to outside persons or entities for the purpose of soliciting Impulse members.
9. Other Networks: Access and Cancellation at Impulse Discretion. Customer agrees to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed through Impulse as outlined herein including all Service Supplements.  Impulse reserves the right to deny access to, or terminate Service which, in Impulse sole opinion, is (are) causing, or may cause, harm to Impulse facilities, servers or to other systems.  Impulse will make reasonable efforts to notify Customer of any such Impulse action, but is not bound by this agreement to do so.
10. Confidential Information: Each party shall keep and maintain strictly secret and confidential any and all confidential or proprietary information of the other party and, except as required in connection with the performance of this Master Services Agreement or as is required by law, shall not use the same or disclose the same to any third party.
11. Non-Solicitation: Customer shall not, directly or indirectly, do any of the following: (i) solicit any director, officer, employee, or agent of Impulse, or encourage any such person to terminate any such relationship with Impulse, (ii) encourage any customer, client, supplier or other business relationship of Impulse to terminate or alter such relationship, whether contractual or otherwise written or oral, with Impulse, (iii) encourage any prospective customer or supplier not to enter into a business relationship with Impulse.
12. Miscellaneous: Customer may not assign this Master Services Agreement or any rights or interests hereunder without the express prior written consent of Impulse and no said assignment shall relieve Customer of its obligations hereunder. This Master Services Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.   This Master Services Agreement and any and all related Service Supplements constitute the entire agreement and understanding of the parties and supersede all prior and contemporaneous agreements and understandings between the parties with respect to the subject matter hereof. In the event of any action or proceeding to enforce or construe any of the provisions of this Master Services Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.  This Master Services Agreement shall be governed and construed in accordance with the laws of the State of California.  Any changes to this Master Services Agreement, or any additional or different terms in the Customer Orders, Service Supplements or any other documents will not be effective unless agreed to in writing by Impulse.  The contractual relationship between Impulse and Customer for each Service shall be governed by the following order of precedence: (i) Service Supplement, (ii) Additional Terms and Conditions, and (iii) Master Services Agreement.
13. Governing Law: Customer and Impulse agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to Impulse Service.  In addition, Customer and Impulse agree and consent that the courts of Santa Barbara County, California, U.S.A., will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to Services provided hereunder.
14. Compliance With Laws: Customer shall not use or permit its end users to use Service in any manner that violates any applicable laws or Impulse use policies, infringes on the rights of others or interferes with users of the Impulse network or other networks, including, without limitation, distribution of chain letters or unsolicited bulk electronic mail (spamming), knowingly distribute or release computer worms and viruses, use a false identity, attempt to gain unauthorized entry to any site or network, distribute child pornography, obscenity or defamatory material, or infringe patents, copyrights, trademarks or other intellectual property rights.
15. Rights not Waived: Failure by either Customer or Impulse to insist upon compliance by the other party with the terms and conditions of this Agreement including any Service Supplement shall not constitute a waiver of any rights under this Agreement.
16. Partial Invalidity: If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
17. Entire Agreement: It is expressly understood that there are no oral agreements or understandings between Customer and Impulse, which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement.  If any provision of this Agreement including any Service Supplement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto.   Otherwise, this Agreement, the Application Form, and any later written changes published via Impulse service, constitutes the entire agreement between the parties.

This is Impulse Advanced Communications, LLC (“The Company”) Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on The Company Network. If you have any questions, please contact us

BACKGROUND

From time to time The Company may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.impulse.net/customer-support/terms-conditions/acceptable-use-policy/. The AUPs are not exhaustive and The Company reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.impulse.net/customer-support/terms-conditions/acceptable-use-policy/ or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as The Company deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM The Company. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS The Company’s POLICY TO TERMINATE REPEAT OFFENDERS. The Company RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

CUSTOMER SECURITY RESPONSIBILITY

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to security@impulse.net

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. The Company may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by The Company. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Enquiries regarding security matters may be directed to

security@impulse.net The Company is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, The Company urges its customers to assume that all of their online communications are insecure. The Company cannot take responsibility for the security of information transmitted over The Company’s facilities.

PASSWORD PROTECTION

The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use The Company’s service to guess passwords or to access other systems or networks without authorization. The Company will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

INTERNET ETIQUETTE

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which The Company may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortious, indecently depicts children or is likely to result in retaliation against The Company by offended users. The Company reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

COPYRIGHT INFRINGEMENT – SOFTWARE PIRACY POLICY

The Company network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to:

Department of Security Operations Impulse Advanced Communications 5383 Hollister Avenue, Suite 240 Santa Barbara, CA 93111

or by e-mail to support@impulse.net

The Company will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

NETWORK RESPONSIBILITY

Customers have a responsibility to use The Company network responsibly. This includes respecting the other customers of The Company. The Company reserves the right to suspend and or cancel service with any Customer who uses The Company network in such a way that adversely affects other The Company customers. This includes but is not limited to:

• Attacking or attempting to gain unauthorized access to servers and services that belong to The Company or its customers (i.e. computer hacking), and/or
• Participating in behavior, which result in reprisals that adversely effect The Company network or other customers’ access to The Company network.

The Company will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a The Company customer, whether or not the attacked account or computer belongs to The Company, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of The Company is strictly prohibited.

Violations of this policy may be reported directly to the FBI’s Infrastructure Protection & Computer Intrusion Squad at http://www.nipc.gov/sites/ipcis/ipcis.htm. The Company will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

LAWFUL PURPOSE

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any The Company service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of The Company services or products is prohibited. Using The Company network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within The Company network are open to the public. You are solely responsible for your usage of The Company network and servers and any statement you make on servers hosted within The Company network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

CHILD PORNOGRAPHY ON THE INTERNET

The Company will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over The Company network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

UNSOLICITED COMMERCIAL EMAIL (UCE) / UNSOLICITED BULK EMAIL (UBE)

Unsolicited commercial email (UCE) is defined by The Company as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

Unsolicited bulk e-mail (UBE) is defined by The Company as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) to multiple recipients who have not agreed to receive such communication.

Use of The Company network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server, which are advertised in any UCE/UBE. The Company also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, The Company customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on The Company network or in one of our data centers. Violations of this type may result in the termination of the offending The Company account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a The Company customer shall be deemed a violation of the AUP by such The Company customer.

Customers whose actions directly or indirectly result in The Company IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if The Company in its sole discretion determines that a customer is in violation of our AUP, The Company may, at its sole discretion, restrict, suspend or terminate a customer’s account. The Company will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but cannot guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate The Company AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that The Company determines in its sole discretion to be in violation of The Company AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

Violation of The Company’s UCE/UBE policy may be reported to abuse@impulse.netmpulse.net.

GUIDELINES FOR PERMISSION-BASED EMAIL

While The Company prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as ‘opt-in’ electronic marketing. All recipient information for such marketing conducted by The Company customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by The Company from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

1. All commercial or bulk email originating from a The Company customer on The Company network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
2. All commercial or bulk email originating from a The Company customer on The Company network must clearly list the email address to which the email was originally sent (the intended recipient’s email address) in the body of the message OR in the ‘TO:’ line of the email.
3. All The Company customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Customers must regularly answer any messages sent to the abuse@ address.
4. All The Company customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
5. All The Company customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.
6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example: “You opted-in to receive this email promotion from our web site or from one of our partner sites.”
7. All The Company customers sending commercial or bulk email must answer all complainants’ requests for details regarding where the complainant “opted-in” to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:  If you would like to learn more about how we received your email address, please contact us atabuse@domain.com. Requests for “opt-in” information must be responded to within 72 hours.
8. All The Company customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this.
9. If a The Company customer is using an affiliate program to send commercial or bulk email through The Company network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.
10. All customers of The Company are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on The Company network. Disclaimer

• The Company reserves the right to test portions of any customer’s email list in response to complaints and request opt-in information from a random sample of that list at any time.
• The Company reserves the right to determine in its sole discretion the validity of any customer’s email list. Any list The Company determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
• The Company reserves the right to test and otherwise monitor customer’s compliance with the above guidelines and requirements at any time during the customer’s term of service at The Company.
• The Company determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then The Company may immediately suspend or terminate the customer’s service.

IP ADDRESS OVERLAP

The Company administers the network on which customer servers reside. The customer cannot use IP addresses, which were not assigned to them by The Company staff. Any server found using IPs that were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC

The Company allows the use of IRC inside The Company network as long as the use of IRC on a The Company server does not violate any of the other terms of this AUP. As a policy, The Company will not provide vanity IRC reverse DNS records. To enforce this policy The Company does not turn the reverse address of IPs over to the customer. Authority over this information remains with The Company.

BILLING

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Unless otherwise stated in the Master Services Agreement or its equivalent, all customer cancellations require a minimum of 60-day notice.

SUSPENSION

If The Company in its sole discretion determines that a customer’s server has become the source or target of any violation concerning The Company Acceptable Use Policy (AUP), The Company reserves the right to suspend network access to that server. While The Company will attempt to contact the customer before suspending network access to the customer’s server(s), prior notification to the customer is not assured. In certain cases, The Company will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

CANCELLATION

The Company reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will not be prorated and paid by The Company unless The Company institutes its right of cancellation. Any violation of policies, which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Customer elected cancellations must be in writing either by mail, fax or email cancel@impulse.net) and provide a minimum 60 day notice.

INDEMNIFICATION

The Company wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies The Company for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to The Company or the bringing of any claim against The Company by any third-party. This means that if The Company is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against The Company, plus costs and reasonable attorney’s fees.

DISCLAIMER OF RESPONSIBILITY

The Company is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of The Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Impulse Advanced Communications Copyright Infringement / DMCA Notice Policies

If you believe an Impulse user is utilizing Impulse services unlawfully regarding copyrighted material, you may take action as described below:

How to Notify Impulse of a Claim of Copyright Infringement

To notify Impulse of a claim of copyright infringement against an Impulse account holder, you must forward the following to Impulse’s Designated Agent for Service of Copyright Infringement Claims:

1. Identification of the copyrighted work and the owner of the copyright
2. Sufficient identification of the material that is claimed to be infringing and that is requested to be removed from the web site, in order to allow Impulse to locate the material
3. Sufficient information for Impulse to contact you, such as your address, telephone number, and fax number or email address if available
4. A statement that you are the owner of the copyright to the work in question, or that you are authorized to act on behalf of the owner
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6. A statement that the above is true and accurate, and sworn to by you under penalty of perjury under the laws of the United States
7. Your handwritten signature or electronic signature.

Information Regarding Impulse Communications’ Designation of an Agent for Service of Copyright Infringement Claim.

1. The full legal name of the service provider is: Impulse Advanced Communications, LLC.
2. The service provider is doing business under the following names: Impulse Advanced Communications
3. The address of the service provider is: 6144 Calle Real, Suite #200 Goleta, CA 93117
4. The name of the agent designated to receive notification of claimed infringement is: Dave Clark, President
5. The full address of the agent designated to receive notification of claimed infringement is: 6144 Calle Real, Suite #200 Goleta, CA 93117
6. The telephone number of the designated agent is: (805) 456-5800
7. The facsimile number of the designated agent is: (805) 692-2324
8. The email address of the designated agent is: support@impulse.net

Policy Adopted: August 26, 1999 Implementation Documents Approved: October 24, 1999 Notes:

1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.
2. This policy has been adopted by all accredited domain-name registrars for domain names ending in .com, .net, and .org. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses “we” and “our” to refer to the registrar and it uses “you” and “your” to refer to the domain-name holder.

Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999)

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
   • Subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
   • Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
   • Our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k)below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a “Provider”).
   • Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
     • Your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
     • You have no rights or legitimate interests in respect of the domain name; and
     • Your domain name has been registered and is being used in bad faith.
     • In the administrative proceeding, the complainant must prove that each of these three elements are present.
   •  Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
     • circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
     • you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
     • you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
     • by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
   • How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes ofParagraph 4(a)(ii):
     • before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
     • you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
     • you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
   • Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described inParagraph 4(f).
   • Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
   • Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
   • Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
   • Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
   • Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
   • Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
   • Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
   • Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
   • Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
   • Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy on our website at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Payment:

Impulse shall invoice you monthly, (1) in advance for monthly recurring flat-rate Service to be provided, (2) in advance for one-time, non-recurring and pro-rated Service to be provided and (3) following the use of all measured or metered Service provided. All invoices are due upon receipt, regardless of whether or not the customer uses the service. The invoices are subject to any additional payment terms set forth in the Service Supplement and become past due thirty (30) days later without demand or set off by Customer. If any invoice is not paid to Impulse within thirty (30) days of delivery, a late charge shall accrue on the delinquent amount at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less. Any and all dispute claims must be submitted to Impulse within thirty (30) days of receipt of the applicable invoice. All dispute claims not submitted within said thirty (30) day period are deemed waived.

ACH, Check or CC:

Monthly automatic payments will either be charged to Customer’s credit card or debited from Customer’s checking account (via Automated Clearing House). If the funds in Customer’s account are insufficient to cover automatic payment, payment will be considered late. Manual payments in the form of cash, or check, may be made, if so desired. If there are insufficient funds for either an electronic or a check payment, customer is responsible for service fees incurred and Impulse reserves the right to charge an additional $15 service fee

Suspension:

If an invoice becomes more than 30 days overdue, Impulse may suspend the customer’s account, there will be a reactivation fee after an account has been suspended. If the customer has not reconciled the overdue amount within 30 days of the suspension the account will be canceled and sent to collections. If the account has been sent to collections and you would like to keep your service there will be an activation fee.

Termination:

Either Customer or Impulse may terminate an account at any time. An account may be terminated in writing by opening a Cancel Request ticket through the customer BillCenter portal or reaching out to the billing department. It is understood that Impulse requires confirmation of termination via writing or email if you call in to cancel. Most Impulse services are provided on a term contract basis, which is specified in the written ‘Service Order’, ‘Service Supplement’, and/or ‘Service Agreement’ for that particular service. Services without a specific term contract require a 45-day written notice for account termination. If Customer cancels Service before the term of the agreement is complete or before Service activation, then Customer is responsible for the termination charges equal to the remaining balance of the agreement. The term for each Service shall automatically renew for successive additional periods each equal to the term set forth in the Service Supplement. If the account is terminated, there will be no refund of any fees. Credits to account in the form of prepaid services are not convertible to cash or any other form of credit. Non-use of account does not constitute termination of service. Customer account will continue to accrue charges until the official disconnect date. The disconnect date is determined when Impulse acknowledges receipt of all required information via the customer’s written Cancel Request. If all required information is not provided by the customer within 5 business days after it is requested, the Cancel Request will be terminated, and term agreement will continue uninterrupted.

Impulse Privacy Policy

Last updated: October 7^th 2024

Impulse Advanced Communication respects your right to privacy.

This Privacy Policy encompasses more than just texting. It explains who we are, how we collect, share, use and retain personal information about you and your organization, and how you can exercise your privacy rights. This Privacy Policy applies to personal information that we process for our customers, suppliers, and vendors:

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice.

What does Impulse do?

Impulse provides hosting, internet circuits, security services, voice & communications services, including voip, unified communications, texting.

What personal information does Impulse collect and why?

Once your organization has entered into an agreement with Impulse, in order to provide your services, we collect and maintain information:

• We collect information about your agreement, business/org name, national identifiers, address(es), contact(s), payment info, transaction history.
• We may collect your username and password for your organization’s account when you register to use our online portals.
• We may also collect additional personal information relating to you or your organization, including your name, address, email address, telephone number, extension, address (for 911 registration). We may also collect your set-up information, voicemail, and configuration settings
• We also collect Communications metadata for your calls, texts, faxes, messages (e.g. information on sending and receiving telephone number or other identifier, date and time communication originated, date and time communication terminated)
• We collect information provided in all requests for support. Additionally your calls with Impulse’s staff may be recorded to gather information to improve our customer service. However, if you would prefer that your call was not recorded, you can opt out by stating this, or by hanging up.

What do we do with your data?

We may use this information to provide & maintain your service, provide support, fulfill your requests, enable you to access our portals, verify & authenticate your information, process payments, administer records, audit and quality control our services, and where necessary to comply with laws and regulations, under judicial authorization, or to establish, exercise or defend any legal claims.

We may also use your info to invite you to events -we throw awesome parties- or to facilitate our ongoing relationships

How long do we keep your data?

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or securely isolate it from any further processing until deletion is possible.

How does Impulse keep my personal information secure?

We use appropriate technical and organizational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include SSL encryption technology for protection of sensitive information such as payments when in transit. We have industry-standard administrative, technical and physical safeguards in place to protect the confidentiality, integrity and availability of your personal information.

California specific privacy rights:

As required by the California Privacy Rights Act (“CPRA”) in regards to “personal information” that is subject to the CPRA, we do not, and will not, sell or share your personal information in any manner that requires an opt-out opportunity under the CPRA.

Texting specific privacy:

You have the right to opt-out of any texting communications we send you at any time, or that any of our customers send you at any time. In our emails, you can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of SMS communications you can reply STOP or UNSUSCRIBE at any time to the message received. To opt-out of other forms of communication (such as postal marketing), then please contact us using the contact details provided below.

No information obtained from an SMS campaign will be shared with third parties/affiliates for their marketing/promotional purposes. We will never share, trade, or otherwise sell your personal information such as Phone numbers and SMS consent to third parties under any circumstances. Text messaging originator opt-in data and consent will not be shared with any third parties unless it is to support the SMS campaign.

U.S. Federal Trade Commission enforcement:

Impulse’s commitments under the Data Privacy Framework are subject to the investigatory and enforcement powers of the United States Federal Trade Commission or the applicable United States authorized statutory body.

Compelled disclosure:

Impulse may be required to disclose Personal Data in response to lawful requests by public authorities, or administrative or judicial process, including to meet national security or law enforcement requirements.

Children:

Children are not eligible to use Impulse’s website and services, and we ask that minors (under age eighteen) not submit personal information to us. If we become aware that we have inadvertently received personal information from an individual under the age of eighteen, we will delete this information from our records.

Information about others:

If you provide us with information about another person, you confirm that you have obtained their consent to the processing of their personal data by us (or are otherwise legally entitled to provide us with that information) and that you have informed them of our identity, the purposes for which their personal data will be processed and their rights (as set out in this Privacy Notice), as well as where they can obtain a copy of this Privacy Notice.

Updates to this Privacy Notice:

We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.

To contact us for inquiries, requests or complaints:

Impulse is committed to respect organizations’ and Individuals’ rights to protect their privacy. If you believe that Impulse maintains your personal data within the scope of applicable laws and regulations, and you wish to access, correct, update, request deletion of your personal information or request portability of your personal information, you can do so at any time by contacting us using the contact details provided below. You may also be able to access and update certain information via your online account.

You may email us at textcompliant@impulse.net or by mailing us at:  Impulse Advanced Communications,  6144 Calle Real Ste 200, Santa Barbara CA 93117 “Attention: Privacy”

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Impulse will respond within 45 days of receiving the communication. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please call us at 805.456.5800