A. The "Agreement" refers to both the Service Contract 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 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 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 equipment 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.
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 term of the Agreement shall be One Year. This agreement shall extend thereafter month to month for ECTISP’s monthly Universe Broadband rates and shall remain in effect until terminated in accordance with the Termination provisions of this Agreement (paragraph 6).
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 and government fees, the later of which shall be payable by the Customer and which shall be itemized separately by ECTISP. 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 billing statement shall be deemed correct and binding on the Customer unless an objection in writing is received by ECTISP ten (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 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 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.
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, cancel-bot, 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. Early Termination.
Failure by the customer to fulfill the initial term will be deemed an early termination. The customer without static IP addresses will be charged the lesser of $200 or the number of months remaining multiplied by the amount of all the monthly recurring charges. The customer with static IP addresses will be charged the lesser of $500 or the number of months remaining multiplied by the amount of all the monthly recurring charges. Early termination fees will be waived for any service terminated within the first 30 days of successful enablement. Notice must be in writing and delivered to ECTISP's office within the first 30 days of successful enablement.