| AstraGate FAST
DSL
Service Agreement (ver.
2.0) Service
Date. The Service Date shall be the date
any AstraGate Services ordered under this Agreement are first available for use by the
Customer.
Initial
Term. The Initial Term for the Agreement
shall be for 12 month(s), beginning on the Service Date.
Renewal. The Agreement shall renew automatically for an
additional term, equal the period of the Initial Term, unless notification of non-renewal
is provided by either party not less than 30 days prior to the expiration of the Initial
Term or renewal period.
Price
Changes. AstraGate reserves the right to
change its prices at any time by giving 30 days prior notice to customer. Customer may
elect not to accept any increase in price, at which time AstraGate may decide at its sole
discretion, to cancel this Agreement and terminate service.
Cancellation. The Agreement is cancelable by payment of all
fees due for the remainder of the Initial Term, or if the Agreement has been renewed, for
the renewal period.
Payment. Initial Fees are payable in advance of order.
Monthly Fees will be billed monthly in advance beginning one month from the Service Date.
Payment of Monthly Fees is due upon receipt of invoice, and is delinquent if not received
within 15 days. Any Fees not received 30 days from the date of invoice are subject to a
late charge of 1 ½ % per month or a thirty-dollar late fee per incident.
Taxes. Customer agrees to pay any sales, use, gross
receipts, excise, access, bypass or other local, state and Federal taxes or charges,
imposed on or based upon the provision, sale or use of the AstraGate Services.
Interruption
of Services. Services may be interrupted
if any fees remain unpaid 30 days from date of invoice, or if Customer engages in any
conduct or activities which AstraGate in its sole discretion believes violates any of the
term of this Agreement. An interruption of service does not relieve Customer of its
obligation to continue to pay monthly fees.
Assignment. Customer shall not, without prior written consent
of AstraGate, which shall not be unreasonably withheld, assign, transfer or in any other
manner dispose of, any of its rights, privileges, or obligations under this Agreement.
Customer Equipment and Facilities.
Customer shall at its own expense undertake all necessary preparations to comply
with AstraGate installation instructions. If Customer is not ready to accept
AstraGate Services 30 days after the Planned Service Date, AstraGate may begin billing
Monthly Fees using the Planned Service Date as the Service Date. Customer is responsible
for the use, compatibility and maintenance of all Customer owned equipment.
Letter
Of Agency (LOA). Customer hereby authorizes AstraGate to act on
its behalf with the Local Exchange Carriers and others for the provisioning of local
access required as part of the AstraGate Services. This LOA shall remain in effect until
cancellation by Customer in writing.
Acceptable
Use. AstraGate Services may only be used
for lawful purposes. Transmission of any material in violation of any Federal, state or
local regulation is prohibited. This includes without limitation material protected by
trade secret, copyrighted material, and material legally judged to be threatening or
obscene. Any access to and use of other networks connected to AstraGate, including the
Internet, must comply with the rules and behavior guidelines of that network. The sale of
Internet access by Customer using the connection provided under this agreement to another
entity, which sells IP transit to others, is expressly prohibited.
Servers. Servers are only allowed on specified packages No
commercial or business servers, of any kind, are allowed for DSL-Only Package.
No
Warranty. AstraGate Services are
provided on an as is and as available basis without warranties of
any kind, either express or implied, including but not limited to warranties of title,
non-infringement or implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by AstraGate or its affiliates shall create a
warranty. Neither AstraGate nor its affiliates warrants that the service will be interrupt
or error free or that any information, software or other material accessible on the
service is free of harmful components. Under no circumstances shall AstraGate or its
affiliates be liable for any direct, indirect, incidental, special, punitive or
consequential damages that result in any way from the use of or inability to use AstraGate
Services, or Customers reliance on or use of information, services or merchandise
provided on or via AstraGate Services, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation, or transmission,
or failure of performance.
Indemnity. Customer agrees to defend, indemnify and hold
AstraGate and its affiliates harmless from any and all liabilities, costs and expenses,
including reasonable attorneys fees, settlement payments and any damages awarded
related to or arising from: (1) any violation of this Agreement by Customer or its
affiliates; (2) the use of AstraGate Services or the placement or transmission of any
message, information, software or other materials on any other network connected to
AstraGate; (3) negligent acts or omissions of Customer or its in connection with the construction,
installation, maintenance, presence, use or removal of systems, channels, equipment or
software not provided by AstraGate which are connected or are to be connected to AstraGate
Services; and (4) claims for infringement
arising from the use of equipment and software, apparatus and systems not provided by
AstraGate.
Disputes. This agreement shall be construed in accordance
with the laws of the state of California. For purposes of Venue and Jurisdiction, this
Agreement shall be deemed made and to be performed in the City of Santa Clara, CA.
Entire
Agreement. This Agreement supersedes all
prior representations, agreements and understandings whether oral or implied, and may only
be modified in writing.
Agreed to as of this Effective Date:
I have read and understand the above
Service Agreement, and I authorize these services to be ordered.
Authorized Signature:
Print Name:
Title:
Company Name:
Social Security or Tax ID#:
Address:
City:
State:
Zip:
Phone Number:
Fax Number:
E-Mail: |