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The following is the Service Agreement currently enforced by ECTISP Inc. and Wireless Customers. This agreement
may be modified by ECTISP Inc. from time to time. Please print a copy for your records.
This AGREEMENT (collectively, the "Agreement")
is by and between the undersigned customer and ECTISP Inc. with its
main office at 300 Boyce Road, Waxahachie, Texas 75165 for the provision
by ECTISP Inc. of certain network services for the Customer.
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 below.
C. "ECTISP Wireless" refers to
ECTISP Inc.
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 Wireless
and successful Enablement of Services has occurred.
F. "Successful Enablement means that
(1) ECTISP Wireless has enabled the transmission of TCP/IP packets between
ECTISP Wireless's router interface to the Customer's wireless equipment 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 Wireless.
G. "Operation and Maintenance" means
the continued Enablement of transmission of TCP/IP packets between
ECTISP Wireless'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 Wireless will not create any liability of ECTISP Wireless under
this Agreement.
2. Term.
This Agreement shall come into effect on the Effective Date,
as defined above. Once ECTISP Wireless 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 monthly. This agreement shall extend
thereafter for successive month for ECTISP’s monthly Wireless
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 Inc.
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 Inc.. Rates and charges shall be
invoiced fifteen (15) days prior to the due date and will be due monthly
on the First day of the Effective Date. ECTISP Inc. billing statement shall
be deemed correct and binding on the Customer unless an objection
in writing is received by ECTISP Inc. ten (10) days from the date of
the billing statement. Interest on any overdue payments owing to ECTISP Inc.
pursuant to this Agreement may accrue on a daily basis and will apply
at a rate of 1.5% per month (18% 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 Inc. from time to time, and
ECTISP Inc. 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 Inc., Customer may terminate
this Agreement upon providing ECTISP Inc. a written notice within thirty
(30) days of the receipt of the written notice by ECTISP Inc.. If the Customer
fails to deliver such notice to ECTISP Inc. this Agreement shall continue
in effect and the new rate shall apply and be billed to the Customer.
4. Customer Obligations
A. Customer shall at its own expense undertake any and all
preparations required to comply with ECTISP Inc.'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 Inc..
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 Inc.. 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 Inc. 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 Inc. on the payment date specified in ECTISP Inc.'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 Inc. 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. Failure of customer to comply to ECTISP Inc. Terms
of Service and Acceptable Use Policy. If, for any reason, ECTISP Inc. deems
it necessary, and in the best interest of ECTISP Inc., that the user be
removed from the service immediately.
6. Rights and Obligations of ECTISP Inc.; Disclaimer of
Warranties.
A. ECTISP Inc. 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 Inc.
shall not be responsible for cabling that connects equipment not provided
by ECTISP Inc. to ECTISP Inc. 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 Inc. or by any malfunction
or manufacturer's defects of equipment either sold by ECTISP Inc.
to the Customer or purchased by the Customer in connection with the
Service will not be deemed a breach of ECTISP Inc.'s obligation
under this agreement. The foregoing states the Customers
sole remedy for service interruption under the Agreement, and in no
event shall ECTISP Inc. 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 Inc., neither ECTISP Inc. 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 Inc., 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 Inc., its agents or affiliates make any express or implied
warranties, representations or endorsements whatsoever.
C. All Wireless accounts include a backup
dialup service. Customer understands that the backup dial account
will only be active when the wireless service has an interruption
due to equipment malfunction. The customer must notify ECTISP Inc. that
the service is malfunctioning, to have the dialup account activated.
D. Customer understands that ECTISP Inc. is not
responsible for maintaining customer's equipment configured to use
the Wireless service. That there will be a fee of $65.00 per hour
with a one hour minimum to reset your equipment for access to the
Service after initial setup.
E. Customer understands that ECTISP Inc. owns
wireless equipment installed and upon termination of service it must
be returned to ECTISP Inc. in good working condition within 15 days
after service termination. If equipment is not returned there will
be a $250.00 charge. Customer understands ECTISP has the right to
remove the equipment from your property at anytime.
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