CYBER BROADBAND INC.
SERVICE AGREEMENT (Residential)
This Agreement for Wireless
Internet services is entered into this _______ day of _________________,
20____, between Cyber Broadband, Inc, (“Provider”) and
___________________________________________, (“Subscriber” or “Sub”).
1. Wireless Internet Service. Provider agrees to provide wireless internet service to Sub upon the terms and conditions herein.
2. Term. This Agreement is for the term below beginning on date noted above and ending at the end of the agreement term described under Additional Terms, unless sooner terminated by provider. This agreement will automatically renew upon the expiration date unless Sub provides written 30 day notice of termination to Provider. Sub is obligated to agreement balance on early termination by Sub, calculated in number of months until agreement end multiplied by monthly price. Provider may terminate at any time.
3. Payment. Subscriber shall pay monthly to Provider the current rate or a negotiated rate if one exists. Provider may increase this monthly amount after the initial term.
4. Equipment. Provider will supply the equipment (as is without warranty) for the internet service to Subscriber having the appropriate hardware and software. Provider owns this equipment and Subscriber shall have no right to the same and shall not alter, repair, modify, damage, or remove the equipment. Subscriber is responsible for all damage to the equipment and shall pay to Provider the sum of $80 per service call in relation to the equipment that has been damaged. Provider is granted the right to enter Subscriber's premises to inspect, repair, replace, or remove the equipment. Subscriber shall allow Provider to retrieve equipment upon termination of this Agreement.
5. Service Conditions. Service is subject to terrain and conditions which affect or block the required signal.
6. Exclusive Use. Only Subscriber may use this service. Service may not be shared with users outside of the single structure on which installed.
7. Liability. Provider, its officers, directors, employees and agents shall have no liability to Subscriber under any cause of action (including negligence) arising out of this Agreement, the service or use of the equipment.
8. Lawful Use. Subscriber may use the service for lawful purposes only. Provider is not responsible for internet or other content received by Subscriber. In the event Provider is approached by law enforcement regarding Subscribers online activities Provider will comply with legal requests for information.
9. Weather, Acts of God. Provider does not guarantee connectivity through weather, atmospheric conditions, and acts of God.
10. Default. The following are acts of default:
1) Failure to pay the charges or fees hereunder.
2) Violation of any provision of this Agreement.
Provider may terminate service for any act of default without notice.
Provider may restore service after payment of past due fees.
11. Assignment. Only Provider may assign this agreement.
12. Personal Information Information about our customers, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the company.
13. Home Networking. Subscriber may rent a router from Provider for $5 per month. Rental of router covers replacement due to failure as well as one service call due damage of network cable by customer, guests, family or animals.
14. Moving Service Locations: In the event Subscriber moves to another location within Providers service area Provider will relocate service equipment free of charge. There is a limit of one relocation per year.
15. Best effort service. Service installed by Provider is best effort. Service can be affected by traffic within the network. Therefore, provider can not guarantee the speed or the performance of online services such as gaming, video or voice.
16. Service Calls. Service calls due to signal issues, equipment failure or acts of God are covered by Provider. There is an $80 service fee for all other service related issues deemed by Provider to be caused by intentional or unintentional damage to equipment, cabling, failure of subscriber owned equipment or modification of equipment by Subscriber that negatively impacts service.
17. Monitoring. Provider may monitor its network.
18. Entire Agreement. This is the entire agreement between the parties. This agreement does not enure to the benefit of others and may be amended only by Provider.
19. Governing Law and Venue. This Agreement will be governed by the Laws of the State of Alabama. Venue shall be Cullman County, Alabama.
20. Severability. Any provision herein found by a court to be unenforceable, that provision and the remaining agreement will be enforced to the extent permitted by law.
21. Waiver. Failure of Provider to enforce any provision herein shall not be considered a waiver.
For questions contact (256) 734-1077