Fill and Sign the Provision of List of Adsl Qualified Loops Agreement Form

AGREEMENT FOR PROVISION OF LIST OF ADSL QUALIFIED LOOPS The undersigned customer (hereinafter "customer") has made an election to take ADSL service from BellSouth Telecommunications, Inc., (hereinafter " Company"). ADSL service is provided pursuant to and subject to the terms and conditions of the Company's Federal Communications Commission Tariff No. 1. The customer has further requested a list of telephone numbers of ADSL qualified loops (hereinafter "bulk list") for each metropolitan area (hereinafter "metro") where customer plans to sell ADSL service. The list of such metros is contained in the ADSL Letter of Election signed by the customer. In consideration of the terms and conditions enumerated below, the Company hereby agrees to provide the bulk list to the customer: 1. The Company makes no claim as to the accuracy or completeness of the bulk list While the bulk list is the Company's best estimation as to the telephone numbers that qualify for ADSL service in a given area, the bulk list will contain errors. Some telephone numbers on the bulk list will not qualify for ADSL service. Some telephone numbers in a given metro not on the list will indeed qualify for ADSL service. 2. The customer will indemnify, defend, and hold harmless the Company and any of its licensors, employees, or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to errors and/or omissions in the bulk list. 3. The customer is responsible for acting within the local, state, and federal law governing the use of the bulk list for the purpose of, but not limited to, marketing of BellSouth's ADSL service through direct mail or telemarketing. Furthermore, the customer hereby agrees to refrain from abusive telemarketing practices. 4. The customer will indemnify, defend, and hold harmless the Company and any of its licensors, employees, or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to use of the bulk list by the customer. This includes, but is not limited to, use of the bulk list by the customer to sell BellSouth's ADSL service via direct mail and/or telemarketing. 5. Customer agrees that it will use the bulk list and/or any information directly derived from the bulk list for the sole purpose of qualifying and selling BellSouth ADSL service (whether by itself or in a package of other offerings). 6. Customer will not use the bulk list for the purpose of conducting research, marketing, qualifying, or selling products and/or services other than the Company's ADSL service (or a package of services containing Company's ADSL service). 6 7. Customer will not provide the bulk list, any portion or portions of the bulk list, copies of the bulk list, or any information derived directly from the bulk list to others without the prior written consent of the Company. 8. Customer acknowledges and agrees to the Company's right to revoke and terminate the use of the bulk list by the customer. The Company may exercise this right of revocation and/or termination at any time, for any purpose, by oral or written notice to the customer. In such event, the customer agrees to immediately destroy or return all copies and/or components of the bulk list. For purposes of this paragraph, the term "immediately" shall be defined as a period of time not to exceed forty-eight (48) hours. BY: /s/ STEVEN D. GHAREEB TITLE: Dir. Business Development ---------------------------- Telocity, Inc. SUBSCRIBER/COMPANY NAME: ADDRESS: 992 S. De Anza Blvd. San Jose, CA 95129 BELLSOUTH TELECOMMUNICATIONS, INC. BY: /s/ [Signature Illegible] ----------------------------- TITLE: AVP ------------------------------ DATE: ------------------------------