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The following is the Contrct currently
in force between Ellis County Texas Internet Service Provider (ECTISP)
and its T1 Customers. This agreement may be modified by ECTISP from
time to time.
ECTISP T1 Contract
This AGREEMENT (collectively,
the "Agreement") is by and between the undersigned customer
("Customer") and ECTISP with its main office at 300 Boyce
Road, Waxahachie , Texas 75165 for the provision by ECTISP of certain
network services for the Customer.
CUSTOMER (Name)_____________________________________________
(Company)____________________________________________________
(Address)_____________________________________________________
(City) ______________________(State)______________(Zip)____________
(Telephone Number)_________________
1. Definitions:
A. The "Agreement" refers to both the Service Agreement
and the Service Exhibit.
B. The "Customer" and "Customer's" refer to
the Customer described above.
C. "ECTISP" refers to Ellis County Texas Internet Service Provider
D. The "Service" or "Services"
refers to any service as described in the Service Exhibit, for customer's
type of service, as revised from time to time.
E. The "Effective Date" as used
herein, means the date when the Agreement is accepted by ECTISP
and successful Enablement of Services has occurred.
F. "Successful Enablement means that
(1) ECTISP has enabled the transmission of TCP/IP packets between
ECTISP's router interface to the Customer's demarcation interface
that is specifically designated for the service, and (2) a Customer
user name and password with respect to the service has been authorized
by ECTISP.
G. "Operation and Maintenance" means
the continued Enablement of transmission of TCP/IP packets between
ECTISP's router interface and Customer's router interface that is
specified for the service, provided, however, that any failure or
malfunction of any cabling, communication lines, hardware, and software
not operated by ECTISP will not create any liability of ECTISP under
this Agreement.
2. Term.
This Agreement shall come into effect on the Effective Date,
as defined above. Once ECTISP achieves Successful Enablement, the
Service will be presumed to be available for Customer’s use,
regardless of the status of the Customer’s equipment. The initial
term of the Agreement shall be one year (365)days. This agreement
shall extend thereafter for successive year (365) days for ECTISP’s
yearly T1 rates and shall remain in effect until terminated in accordance
with the Termination provisions of this Agreement (paragraph 5).
.3. Rates, Charges and Payment; Rate Changes.
The Customer is responsible for the payment to ECTISP
of the rates and charges specified in the Service Exhibit. All rates
and charges, as defined herein, shall become payable when this Agreement
comes into effect, pursuant to the terms contained above. All charges
specified in this Agreement are expressly exclusive of any applicable
taxes, the later of which shall be payable by the Customer and which
shall be itemized separately by ECTISP. Rates and charges shall be
invoiced ten (15) days prior to the due date and will be due monthly
on the First day of the Effective Date. ECTISP billing statement shall
be deemed correct and binding on the Customer unless an objection
in writing is received by ECTISP fifteen (10) days from the date of
the billing statement. Interest on any overdue payments owing to ECTISP
pursuant to this Agreement may accrue on a daily basis and will apply
at a compound rate of 1.5% per month (19.50% per annum). Service
interruption does not relieve Customer from the obligation to pay
all charges and penalties.
The rates and charges specified in this Agreement are subject to
revision by ECTISP from time to time, and ECTISP will provide thirty (30) days
notice to the Customer of any increase in such rates and charges. When and if Customer
receives any notice of any rate increase from ECTISP, Customer may terminate this
Agreement upon providing ECTISP a written notice within thirty (30) days of the
receipt of the written notice by ECTISP. If the Customer fails to deliver such
notice to ECTISP this Agreement shall continue in effect and the new rate shall
apply and be billed to the Customer accordingly.
4. Customer Obligations
A. Customer shall at its own expense undertake any and all
preparations required to comply with ECTISP's installation and maintenance
instructions.
B. Customer shall be precluded from doing any of the
following:
- Posting or transmitting any transmission constituting or encouraging
conduct that would constitute a criminal offense, giving rise to civil liability, or
otherwise violating any local, state, national, or international law, including without
limitation the U.S. export control laws and regulations.
- Post or transmit any information of software
which contains a virus, worm, cancelbot, or other harmful component.
Hacking, or otherwise attempting to access restricted areas
of any network or computer system.
- Upload, post, publish, transmit, distribute, or participate in the
transfer or sale, or in any way exploit any information, software, or other material
obtained through the Internet which is protected by copyright of other proprietary right,
or derivative works with respect thereto, without permission of the copyright owner.
- Abuse or fraudulently use the Service in any way not set forth above.
C. Customer acknowledges that access to the Service under this
Agreement is intended for the use of the Customer and its authorized users only. Customer
and its authorized users shall not resell the Service to any other party without having
executed a separate Reseller Agreement with ECTISP.
5. Termination.
Either party may terminate this agreement after the
initial term, by providing the other party (30) days written notice
prior to the expiration of the current term. Accounts must be current
with a $0.00 balance at the time notice is submitted to ECTISP. Any
termination shall not relieve the Customer of its obligation to pay
any charges for the remaining term or incurred hereunder for services
rendered prior to the date requested in Customer’s written termination
request. Moreover, ECTISP may terminate this Agreement, or suspend
the provision of Service to the Customer without notice at any time
in the event of the occurrence of any of the following:
A. Failure by the Customer to pay all required rates and charges
under this Agreement to ECTISP on the payment date specified in ECTISP's
billing statements to Customer.
B. Breach of any covenant, term or condition of the
Agreement.
C. The Customer makes an assignment for the benefit of creditors
or becomes bankrupt of insolvent of takes benefit of or becomes subject to any legislation
in force relating to bankruptcy or insolvency, it being understood that the appointment of
a Receiver or Trustee of the property and assets of the Customer is conclusive evidence
thereof.
D. ECTISP is unable to provide the service by reason of any
law, rule, regulation, or municipal, state or federal authority, including but not limited
to, any regulatory authority having jurisdiction.
E. If, for any reason, ECTISP deems it necessary, and in
the best interest of ECTISP, that the user be removed from the service immediately.
6. Rights and Obligations of ECTISP; Disclaimer of
Warranties.
A. ECTISP shall be responsible only for the
Operation and Maintenance (as defined above) of the Services. Customer
shall be responsible for maintaining and managing its own network
and routers that interface with the Service. ECTISP shall not be responsible
for cabling that connects equipment not provided by ECTISP to ECTISP
equipment or to the Service. Any interruption in the Service that
is caused by the malfunction or interruption of any physical telecommunications
media or facility (including but not limited to, cables and fiber
optic lines) not under direct or indirect control of ECTISP or by
any malfunction or manufacturer's defects of equipment either sold
by ECTISP to the Customer or purchased by the Customer in connection
with the Service will not be deemed a breach of ECTISP's obligation
under this agreement.
The foregoing states the Customers sole remedy for
service interruption under the Agreement, and in no event shall ECTISP
be liable for harm on business, lost revenues, lost savings, or lost
profits suffered by Customer, regardless of the action, including
without limitation, negligence of any kind, whether active or passive.
B. Customer understands that Customer and Customer's
authorized users may access the Internet through the Service. Customer
understands further that, except for certain products and services specifically
identified as being offered by ECTISP, neither ECTISP nor any of its
affiliates operates or controls the Internet in any way, and that all
merchandise, information and services offered or made available or accessed
by Third Parties who are not affiliated with ECTISP, its agents, or
affiliates. Customer assumes total responsibility and risk for Customer's
use and Customer's authorized user's use of the Service and the Internet.
Neither ECTISP, its agents or affiliates make any express or implied
warranties, representations or endorsements whatsoever.
7. Services Exhibit
T1.Pro-1.5m $________ Per Month Plus Loop
Charges
Premium Installation Tech OnSite (Monday-Friday, 8:00am-5:30pm)
Free
Signed________________________________________
Print Name_____________________________________
Dated_______________________________
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