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CYBER BROADBAND INC.
SERVICE AGREEMENT (Residential)
Revised 11.1.2013
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