Introduction

Welcome to the online speed test (“Test Portal”) for persons and entities (“User”) within the
United States wishing to test their broadband data speeds. This Test Portal is owned and
operated by Columbia Telecommunications Corporation d/b/a “CTC Technology & Energy”
(“Host”), an independent service provider to the County. Please read these terms of use carefully
before undertaking the speed test (“Speed Test”). Your access, browsing, and use of this Test
Portal, including the materials and information accessible on and from this Test Portal,
constitutes your agreement with and acknowledgment of these terms of use, as the same may
be amended from time to time, with or without notice (“Terms of Use”). If you do not agree to
the Terms of Use, do not access, browse, or otherwise use this Test Portal.

License and Test Portal Access

Host grants you a limited license to access and make use of this Test Portal for the limited purpose
of taking the Speed Test. This license does not include the right for you to use the Test Portal for
any other reason or to use, modify, or make derivative works of any information on this Test
Portal. No portion of this Test Portal may be reproduced, duplicated, or copied without the
express written consent of Host. You may not utilize any framing techniques to enclose any
information, graphics, trademarks, etc. on, or otherwise modify the Test Portal in any way
without Host’s express written consent. In using our site you agree that you shall not do anything
to encourage, procure or carry out any criminal activity, you will not use our site for any purpose
other than your personal use, and you will not use our site for any purpose that is against any
law. If you are under 18, you may use this Test Portal only with the direct supervision and
involvement of a responsible person over the age of 18.

Termination of Use

Host reserves the right to refuse service, terminate accounts, and/or delete any information
placed on this Test Portal in Host’s sole discretion or at the direction of the County. You agree
that Host may, in its sole discretion, terminate your access to the Test Portal at any time. Access
to the Test Portal may be monitored by Host.

No Warranties or Representations

This Test Portal is designed and intended for the sole and specific purposes of enabling Users to
test their broadband speeds and enabling CTC to collect data regarding broadband speeds in
different parts of the County. Use of this Test Portal should not be deemed to be a substitute for
reviewing the Ordinance and Rules. Your use of this Test Portal is at your own risk and Host does
not warrant or make any representations of any kind with respect to the materials and
information contained on this Test Portal. Host makes no warranty that this Test Portal will meet
your requirements or that this Test Portal will be available on an uninterrupted, timely, secure,
or error-free basis. We do not guarantee that our site, or any content on it, will be free from
errors or omissions. Your sole and exclusive remedy for issues relating to the use of, or the
information on, this Test Portal shall be to discontinue accessing this Test Portal.
THIS TEST PORTAL AND ALL CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE,
PRODUCTS, AND/OR SERVICES PROVIDED ON THIS TEST PORTAL ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLED, INCLUSING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY
CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE AND/OR PRODUCTS DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THIS TEST PORTAL IS DONE AT YOUR OWN
DISCRETION AND RISK. HOST DOES NOT AND SHALL NOT HAVE ANY RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR
DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE, OR PRODUCTS
TO OR FROM THIS TEST PORTAL. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU
HEREBY WAIVE, DISCLAIM, AND RELEASE HOST AND HOST’S PARENTS AND SUBSIDIARIES, IF ANY,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND
ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY
AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF HOST
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR
ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) OR USE
OF (OR INABILITY TO USE) THIS TEST PORTAL OR THE USE OF ANY MATERIAL OR INFORMATION
CONTAINED ON OR ACCESSED THROUGH THIS TEST PORTAL.

No Business, Tax, Legal, or Other Advice

The information presented on this Test Portal does not, and is not intended to, offer any business,
tax, legal, or other advice or counsel of any kind. The material and information available on this
Test Portal is not intended to replace the services of trained business, tax, legal, and other
professionals and advisors, or to provide business, tax, legal, and other advice, or to be a
substitute for consulting with qualified business, tax, legal, and other advisors, as applicable.
BY USING THIS TEST PORTAL, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT
RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THIS TEST PORTAL TO MAKE ANY
BUSINESS, TAX, LEGAL, OR OTHER DECISIONS.

Privacy Policy Statements

This Test Portal may contain links to other websites and/or information provided by third parties.
By using this Test Portal you acknowledge and further agree that Host is not responsible for the
privacy practices or content of any site not owned or operated by Host.
Links to Other Websites and Information
In the event this Test Portal includes links to other sites maintained by third parties, you are
advised that Host has not reviewed or endorsed any such linked sites and you hereby
acknowledge and further agree that Host is not, and shall not be, responsible for the content,
information, material, products, and/or services offered through any such linked site(s). To the
greatest extent possible, you are responsible for compliance with all local, state, and federal laws
regarding material or information accessed from or submitted to this Test Portal and any linked
sites accessed through this Test Portal. If you decide to access or use any third party sites linked
through this Test Portal, you do so entirely at your own risk.

Intellectual Property

Except for excerpts from and/or copies of portions of County documents and information
(“Excerpts”), which are the property of the County or its licensee, the content, information, and
materials available on this Test Portal, including, without limitation, all design, format, text,
images, photographs, Excerpts, and other information (“Content”), are protected under United
States and other copyright laws and are owned by Host and/or are used under license from the
copyright owner. The Content may not, except if granted in writing from a duly authorized
representative of Host, be copied, reproduced, transmitted, displayed, distributed, rented,
sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part in any
manner without Host’s prior written consent, except to the extent that such use is authorized
under the United States’ or other relevant copyright laws. Host’s trademarks, logos, images, and
service marks used on this Test Portal are the property of Host and may not be used without the
prior written consent of a duly authorized representative of Host and without proper
acknowledgment. The County’s trademarks, logos, images, and service marks used on this Test
Portal are the property of CTC and may not be used without the prior consent of, or as required
by, CTC.

Security

You are prohibited from violating or attempting to violate any of the privacy and/or security
measures employed in or with respect to the Test Portal. In this regard, you may not access or
attempt to access any data not intended for you or to try to access, directly or indirectly, any of
the code and/or scripting employed by the Test Portal. You may not probe, scan, or test the
vulnerability of the Test Portal or any system, network, or tools used by the Test Portal or attempt
to use any software, engine, tool, agent, or other device or mechanism to navigate through or
search the Test Portal. In addition, you may not forge any TCP/IP packet header or hide, modify,
or otherwise forge or spoof your computer’s IP address.

Governing Law

Any claims relating to, in connection with, or arising from any use or access of this Test Portal
shall be governed by the internal laws of the State of Maryland, without reference to any choice
of law provisions, except as relating to copyright and trademark matters, which shall be governed
by the laws of the United States and any applicable international treaties and/or conventions.
This Test Portal is controlled by or on behalf of Host within the United States of America and Host
makes no representation that the Content on this Test Portal is appropriate or available for use
in other locations. Access to the Content from any location, locations, territory or territories
where the Content or any portion thereof is illegal is prohibited. Those who choose to access
this Test Portal from other locations take such action on their own initiative and are responsible
for compliance with all applicable laws, including, without limitation, local laws of the applicable
foreign territory or location.

Updates and Revisions to Terms of Use and Test Portal

Host reserves the right at any time and from time to time to modify, replace or discontinue,
temporarily or permanently, this Test Portal (or any part of this Test Portal), with or without
notice to you. You agree that Host shall not be liable to you, your agents, or to any third party
for any modification, replacement, discontinuance, and/or suspension of this Test Portal. In
addition, Host may update, replace, and/or revise these Terms of Use at any time and from time
to time, with or without notice to you, and you agree to be bound by such updates, replacements
and/or revisionsto these Terms of Service. Updates and revisions will be incorporated into these
Terms of Use, and you are responsible and agree to review these Terms of Use from time to time
to ensure continued compliance with these Terms.

Severability

If any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void, or
unenforceable for any reason by any court in any jurisdiction, then any such term(s) and/or
provision(s) shall be deemed severable from the remaining terms and provisions in such
jurisdiction and such action will not in any way affect the validity and enforceability of all
remaining terms and provisions of these Terms of Use.