AGREEMENT FOR USE OF INTERNET SERVICE
TERMS & CONDITIONS
Revised: February 11, 2005
BY YOUR USE OF THE DSL INTERNET ACCESS PRODUCT PROVIDED HEREUNDER, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE NOTIFY US THAT YOU WISH TO TERMINATE THE SERVICE. TO TERMINATE, CONTACT THE DSL COMPUTER REPRESENATIVE, BELOW:
DSL COMPUTER ORDER CENTER
P.O. Box 416
13337 East South St.
Cerritos, Ca 90703
Phone: 877 332 4409
Fax: 714 242 1476
Email: admin@dslcomputer.com
http://dslcomputer.com
TABLE OF CONTENT
1. DSL SERVICE CONTRACT PROVISIONS. 2
2. SERVICE.. 2
3. FEES. 3
4. PROVISION OF SERVICE.. 4
5. LIMITATION OF LIABILITY.. 4
6. INDEMNITY.. 5
7. COMPATIBILITY.. 6
8. CUSTOMER SUPPORT. 6
9. USE LIMITATIONS. 6
10. FORCE MAJEURE.. 7
11. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS. 8
12. DISPUTED CHARGES. 8
13. GENERAL.. 9
1. DSL SERVICE CONTRACT PROVISIONS
1.1. This Agreement is between ISISCOM, LLC the company that provides service in your area (DSL COMPUTER is a division of ISISCOM, LLC) (collectively "ISISCOM")) and the participant ("you" or "your"). This Agreement sets forth the terms and conditions under which you agree to use ISISCOM's DSL Internet Access Service ("Service(s)"). DSL, or digital subscriber line, means Asymmetrical Digital Subscriber Line ("ADSL"), Symmetrical Digital Subscriber Line ("SDSL") or ISDN Digital Subscriber Line ("IDSL") (collectively, "DSL"), depending on the particular service ordered by you at the time you placed your order for Service. Unless otherwise provided, the terms and conditions for the equipment used in association with this Service are those terms and conditions provided by the equipment manufacturer.
2. SERVICE
2.1. The term of this Agreement will be for the period of time specified in the offer you selected and agreed to at the time service commenced. This period of time is typically one (1) year, although some promotional offers may have term agreements for longer periods of time. At the end of the term, the Service shall convert to month-to-month. In the absence of a specified term, the term will be month to month.
2.2. Commencing on the date on which Service is installed, you will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, you will pay the current charges for such Service and equipment, including onsite premise installation charges and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when we have activated your DSL Internet Service on our network whether or not you have completed self-installation or actually use the DSL Internet Service. However, credits and adjustments shall be at the discursion of an ISISCOM manager to approve. The terms, conditions, and charges for the Service and equipment may be periodically modified, and you will be notified in the event of any changes. After notification of a modification, your continued use of the Service and equipment constitutes an affirmative agreement to be bound by such new terms, conditions, and charges. The Service shall continue until such time as you provide ISISCOM with notice that you wish to discontinue the Service, or Service is terminated and/or canceled by ISISCOM, as set forth herein. ISISCOM reserves the right to modify or discontinue the Service, or change this agreement at any time by notifying you in writing, via e-mail, via the Internet, through communications sent to you. We will notify you of any changes(s) at least ten (10) calendar days in advance of the effective date of such changes(s).
2.3. Service is offered by ISISCOM via a line sharing arrangement over a retail telephone line provided by a Local Telephone Exchange Carrier: SBC Telephone Company (Pacific Bell Telephone Company, Nevada Bell Telephone Company, Southwestern Bell Telephone Company, your local SBC Ameritech telephone company, or the Southern New England Telephone Company), MCI, and Verizon Communications Inc. IF YOU CHANGE YOUR PROVIDER OF TELEPHONE SERVICE AND THE LOCAL TELEPHONE EXCHANGE CARRIER IS NO LONGER PROVIDING YOUR TELEPHONE SERVICE, ISISCOM WILL NO LONGER BE ABLE TO PROVIDE SERVICE ON A LINE SHARED BASIS AND THEREFORE THE SERVICE WILL BE DISCONNECTED, THIS AGREEMENT WILL AUTOMATICALLY TERMINATE AND TERMINATION CHARGES WILL APPLY. Some SDSL and IDSL Service sold to you by ISISCOM is provided by other companies. ISISCOM remains responsible for providing the Service to you. If you change or disconnect your local Telephone Exchange Carrier so that you no longer have a telephone line assigned on the designated DSL Service line, this Agreement for DSL Service is also terminated as such is applicable to any termination charges.
SIGNATURE ________
3. FEES
3.1. You agree to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges for Internet Access, on site installation charges by a subcontractor, and the associated equipment.
3.2. For all Service charges, including installation charges if applicable, ISISCOM will bill you directly. May or may not include charges for the first month's recurring charge, the installation charge and the charges for equipment (including shipping, handling and taxes), which are billed after DSL Service commences, monthly recurring charges are billed in advance of Service. If any portion of payment is received after the late payment date, a monthly late charge may be charged to you. The monthly late charge will be the lower of: i) 1.5%; or ii) the highest amount allowed by law, applied to the entire outstanding balance for each month or portion thereof for which the balance remains.
3.3. In the event you fail to pay charges billed charges and after several attempts were made to notify you of these outstanding charges, ISISCOM reserves the right to directly bill outstanding sums to your credit card, or bank checking account. ISISCOM may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse ISISCOM FOR ALL EXPENSES, LOST WAGES AND INCOME INCURRED TO RECOVER SUMS DUE AS A RESULT OF ANY FRAUDULENT CUSTOMER ACTIVITY, BANKING FEES, INCLUDING ATTORNEYS' FEES AND OTHER LEGAL EXPENSES.
SIGNATURE ________
3.4. Your basic telephone services -- such as Measured Business service or Residential service ---will not be disconnected for nonpayment of charges for ISISCOM Services.
3.5. The connection from the Service to the Internet may be provided by a Global Service Provider (GSP), depending upon the state in which you have the Service. The GSP sets the price for the GSP Service, and establishes the terms and conditions for use of the GSP Service. The GSP's charges are included in the monthly Service charges you were provided when you signed up for the service, but will appear as a separate line item on your bill. The GSP is not affiliated with ISISCOM. Your GSP is Digex Inc., IBM, Sprint, Williams, or Covad Communications, depending on the Service you order and where you have service.
4. PROVISION OF SERVICE
4.1. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that ISISCOM has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of ISISCOM.
5. LIMITATION OF LIABILITY
5.1. ISISCOM will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to you. Under no circumstances shall ISISCOM be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services.
5.2. Any Software provided hereunder is provided on an as-is basis. ISISCOM makes no express or implied warranties (including those of merchantability or fitness for a particular purpose) with respect to the Software provided.
5.3. ISISCOM on its own discursion may elect to reimburse you for interruptions of Service, for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the pro-rata charges to you for the period during which the Service is affected.
5.4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ISISCOM HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ISISCOM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ISISCOM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. FURTHERMORE, ISISCOM PROVIDES NO GUARANTEE WITH REGARD TO THROUGHPUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ISISCOM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTION ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
6. INDEMNITY
6.1. You agree to indemnify and save ISISCOM harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Service.
6.2. You agree to indemnify ISISCOM’s affiliates and subsidiaries, which includes DSL Computer in the event that your use of the Service and/or Software; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive activities, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with ISISCOM’s right to due business, and other customers' use or enjoyment of the Services provided by ISISCOM.
6.3. You agree to indemnify ISISCOM from any Liabilities for any incidental, indirect, speculative, consequential, special, punitive or exemplary damages of any kind arising from this agreement. Neither you nor we shall be responsible hereunder for damages arising from delays or problems caused by any Service; provided, however, that the foregoing shall have no effect upon our rights regarding the creation of a reserve or our rights to Full Recourse pursuant to his Agreement.
7. COMPATIBILITY
7.1. You are solely responsible for provisioning, configuration and maintenance of all equipment on your premises, including, without limitation, computers, modems, firewalls, routers, external peripheral communications equipment and other communications equipment. ISISCOM shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment, software or to provide technical support in connection with our services.
8. CUSTOMER SUPPORT
8.1. Basic ADSL Internet Access, as applicable, is a single IP Service intended for use by a single user or by purchase through ISISCOM of a router or wireless gateway access point. You shall not use the Service in a manner that is inconsistent with this intended use. ISISCOM will not provide support for the installation or ongoing management of a customer premise router, firewall or any other communications equipment not purchased through ISISCOM with your DSL Internet Service. Primary and Secondary Domain Name Service is not provided as part of the Basic DSL Internet Access Service.
8.2. Enhanced ADSL Internet Access, SDSL Service, IDSL Service, as applicable, are multiple IP services intended for use with single or multi-stations. You shall not use any Service in a manner that is inconsistent with this intended use regardless what so ever. ISISCOM will not be responsible for providing assistance in the configuration of your LAN and will not support the installation or ongoing management of a customer premise router with your DSL Service unless the equipment is purchased directly through ISISCOM.
8.3. You will be responsible for payment of service charges for visits by ISISCOM, Local Telephone Exchange Carriers or its subcontractors to your premises when a service request results from causes not attributable to ISISCOM, Local Telephone Exchange Carriers or its subcontractors to include on site Service installation.
9. USE LIMITATIONS
9.1. You agree to comply with all Federal and State regulations, the rules, regulations and policies adopted by RECOGNIZED INDUSTRY STANDARDS, as modified from time to time; and the rules regulations and policies applicable to any network that you access through the Service. Any violation of such rules, regulation and policies, or any network policy document issued by ISISCOM, shall be cause for ISISCOM to suspend or terminate the Service.
9.2. Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the userID, electronic mail address, Universal Resource Locator, IP Address or domain name used by you in connection with the Service.
9.3. ISISCOM reserves the right to suspend or terminate the Service to you, or to suspend or terminate any userID, electronic mail address, Universal Resource Locator or domain name used by you, or to seek legal remedy for damages in the event it is used in a manner which: (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of ISISCOM, affiliates and subsidiaries; or (v) interferes with other customers' use and enjoyment of the Services provided by ISISCOM.
9.4. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. You further agree to immediately notify ISISCOM of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.
9.5. The Service has been designed to be used at the residence or business at which it was installed. You may not allow other residences or businesses to connect to your Service or re-sell your Service in any manner. Such action may be subject to immediate termination and you will be charged termination fees, if applicable.
10. FORCE MAJEURE
10.1. ISISCOM shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. No delay or failure to perform shall be excused under this Section by the acts or omissions of ISISCOM, Local Telephone Exchange Carriers, subcontractors, vendors or suppliers unless such acts or omissions are themselves the product of a force majeure condition described in this Section.
11. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS
11.1. In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes ISISCOM to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations and orders, ISISCOM may suspend or terminate the Service, or terminate this Agreement, without liability. In the event an ISISCOM subcontractor for the Service stops providing the Service to ISISCOM for any reason, ISISCOM shall have forty-five calendar days to arrange for a reasonably comparable service. If ISISCOM cannot arrange for reasonably comparable Service either you or ISISCOM may thereafter terminate this Agreement without liability.
11.2. You may terminate the Service upon notification to ISISCOM by calling the customer service number listed on the first page of this Agreement. You agree that the monthly charge for the month in which Service is terminated shall be forfeit as a Cancellation Charge. In the event of early cancellation of a one year Term Service commitment, you agree to pay an additional Cancellation Charge as follows: $300 for ADSL, SDSL and IDSL customers; $1,000 for OC12, OC-3 and DS-3 customers.
11.3. If you purchase Service together with an equipment promotion, additional termination charges will apply.
11.4. If you fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, or if you provide false or inaccurate information which is required for the provision of the Service or collection of any termination charges necessary to allow ISISCOM to bill you for the Service, and such customer activities continues unremedied for thirty days, you shall be in default and ISISCOM may suspend or terminate the Service to you and demand charges thereafter.
11.5. You may not assign your account on the Service to anyone without the express written consent of ISISCOM. Upon reasonable notice, ISISCOM may assign its rights and obligation under this Agreement.
12. DISPUTED CHARGES
12.1. You first must pay the undisputed amount to ISISCOM by the “DUE BY” Date, and you must file a claim with the California Public Utilities Commission (CPUC) within 7 calendar days after we have notified you of the results of our investigation. This will avoid possible interruption of your service and additional assessment of any late fee penalties.
To file a claim with the CPUC:
a. You must send an explanation of your claim, and a check for the disputed amount to the CPUC, to be held as a deposit.
b. The CPUC only accepts deposits for matters, which relate to the accuracy of the bill. This does not include directory advertising.
c. The CPUC will review your claim and distribute the funds, based on its investigation.
CPUC ADDRESS:
Consumer Affairs Branch
505 Van Ness Avenue
San Francisco, CA 94102
Phone: 800-649-7570.
13. GENERAL
13.1. Except as otherwise specified herein, and subject to payment of Cancellation Charges as applicable, this Agreement, and the provision of the Service, may be terminated at any time by either party upon written notice to the other.
13.2. The laws of California shall govern the construction and interpretation of this agreement, and venue shall be in the Orange County Superior Court North Justice Center.
13.3. You agree and hereby certify that more than ten percent of the use of the Service is interstate (outside the state) in nature.
13.4. You will provide ISISCOM, Local Telephone Exchange Carriers, and its subcontractors reasonable access to your premises in order to install, maintain and repair the Service.
13.5. Provisioning of Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities.
13.6. If you have purchased one of the "up to" Services (i.e. Basic or Enhanced Up to 1500), there is no minimum guaranteed speed for the Service. If the Service you have purchased is provided within a range of speed (e,g., between 384 Kbps and 1.5 Mbps downstream x 128 Kbps upstream) Service will be provided at least at the lowest speed within the range. There is no guarantee that the Service will perform at the upper end of the range.
13.7. Additional Features (e.g. Newsgroups, Personal Web Page, Email, etc.) may be provided in addition to the Service. The download and upload speeds offered for these Features are independent of the Service and may vary from the speed offered for the Service. There are no speed guarantees associated with these additional Features.
If the foregoing is in accordance with your understanding, please sign[1] the enclosed copy and return it to the address listed above.
Certified/Agreed to by:
Signed by: _________________________
Print Name: ________________________
Position/Title:_______________________
Company/DBA Name:________________
Address:___________________________
State/Zip:__________________________
Date:________________________
Signed by: ___________________
Print Name: __________________
Name/Title:___________________
Date:________________________
14. CERTIFICATE OF AUTHORITY
14.1. Any one of the person(s) who signs above or whose name, any applicable title and specimen signature appears is authorized by the corporate entity to enter into a signed agreement for Internet services
Certified/Agreed to by:
Signed by: ___________________
Print Name: __________________
Name/Title:___________________
Date:________________________
Signed by: ___________________
Print Name: __________________
Name/Title:___________________
Date:________________________