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INTERNET ACCESS AGREEMENT

By accepting installation of chebeague.net, LLC equipment and by using bandwidth supplied by chebeague.net, LLC, Client hereby agrees to the following terms and conditions of service.

1.             Services.

chebeague.net, LLC hereby agrees to provide Client with access to the Internet ("Internet Access").

2.             Fees and Payment.

Client may be charged a one-time registration/installation fee for Internet Access. Monthly recurring charges for Internet Access will be billed monthly. Payment is due upon receipt of invoice.

Payment not received within thirty days of the invoice date will accrue interest at a rate of 1.5%. After 30 days of non-payment, the user will be disconnected and a $150 reconnection fee will be charged. Fees and expenses are subject to change by chebeague.net, LLC upon thirty days notice to Client.

Client shall be responsible for all taxes imposed on (a) delivery of Internet Access; and (b) any transactions conducted by Client over the Internet.

3.             Client Obligations.

3a)           Client is responsible for providing chebeague.net, LLC with accurate, complete, updated registration information.

3b)           Client agrees that it will use the Internet Access services only for lawful purposes.

3c)           Client acknowledges and agrees that chebeague.net, LLC shall have the right to monitor and/or disclose the contents of Client's private communications via the Internet, if, in chebeague.net, LLC’s sole discretion, it reasonably believes that such monitoring or disclosure is necessary (i) to comply with applicable laws or regulations; (ii) to protect chebeague.net, LLC’s rights or property; or (iii) in emergencies when a person's or an entity's physical safety is at issue.

3d)           Client agrees to make every effort to put in place some type of virus protection and firewall to prevent the spread of viruses and provide security. If viruses are detected coming from a users location, the user will be shut down until the virus is cleaned.

3e)           Client will use utmost care in protecting installed chebeague.net, LLC equipment from willful damage. Any willful damage to installed equipment will result in charges for replacement and disconnection from service until payment for such replacement equipment has been received.

3f)           Client will allow chebeague.net, LLC access to its equipment from time to time for maintenance, upgrade, repair or removal. Upon notification of access needs, Customer will allow chebeague.net, LLC access to the equipment.

3g)           Client will bear the cost of a service call at the rate stated by chebeague.net, LLC in its fees for service schedule if a service call is found to be caused by the malfunction of clients or 3rd party’s hardware or software installation.

3h)           Client will not knowingly allow other households to use chebeague.net, LLC bandwidth.  Knowingly allowing other households to use chebeague.net, LLC bandwidth constitutes grounds for termination of service by chebeague.net, LLC.

4.             chebeague.net, LLC Warranties and Representations.

4a)           Client shall have access to the Internet twenty-four (24) hours per day, seven (7) days per week, except for scheduled maintenance and required repairs. If Internet Access is unavailable to Client for 60 consecutive minutes due to (1) causes other than scheduled maintenance and required repairs; (2) causes within chebeague.net, LLC’s control; or (3) causes reasonably foreseeable by chebeague.net, LLC. chebeague.net, LLC will be responsible for the cost of service calls necessitated by the above-mentioned causes. Client shall receive a credit in an amount equal to the pro rata monthly charge for Internet Access and/or Web Hosting services for one (1) day ("Downtime Credit"). In order to receive a Downtime Credit, Client must notify chebeague.net, LLC of the unavailability of Internet Access within two (2) hrs of its occurrence; failure to notify chebeague.net, LLC will result in forfeiture of the right to receive such credit. The aggregate maximum number of Downtime Credits for any and all periods of unavailability shall not exceed seven (7) in any calendar month/billing period. This section 4(a) states chebeague.net, LLC’s sole obligation for loss or interruption of access to the Internet.

4b)           Interruption or failure of telecommunication or digital transmission links leased by chebeague.net, LLC, general power outages and Internet slow-downs or failures and other causes beyond chebeague.net, LLC control are not covered by any obligations or warranties set forth above in section (a)

4c)           EXCEPT AS SET FORTH ABOVE, CHEBEAGUE.NET, LLC MAKES NO WARRANTIES HEREUNDER, AND CHEBEAGUE.NET, LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 5.             Indemnification.

Client agrees to indemnify, defend and hold harmless, chebeague.net, LLC, its directors, officers, employees, affiliates and agents from any action brought against chebeague.net, LLC with respect to any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that such action is based upon a claim that arises out of Client's use of the Internet or Client's Web Site.

6.             Liability.

UNDER NO CIRCUMSTANCES SHALL CHEBEAGUE.NET, LLC HAVE ANY LIABILITY UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO DAMAGES TO FACILITIES, AND DATA.

7.             Termination.

7a)           General. Either party may terminate this Agreement for any reason with sixty (60) days notice to the other party, or if: (i) the other party breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from chebeague.net, LLC; (ii) the other party becomes the subject of voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors if such petition or proceeding is not dismissed within sixty (60) days of filing.

7b)           If after termination notice has been issued by either party to this contract chebeague.net, LLC is unable to gain access to its equipment for the purpose of retrieval client shall be responsible for the cost of the installed equipment, The equipment cost of $ 350.00 and the service fee for removal of the equipment of $ 150.00 shall be charged to the clients account.

7c)           No Liability for Termination. Neither party will be liable to the other party for any termination of this Agreement in accordance with its terms. No service fee shall be due for the retrieval and removal of the equipment.

8.             Service Fees.

A copy of the service fees of chebeague.net, LLC will be provided with this contract. Any change in terms of service by chebeague.net, LLC without agreement by the client will void this contract and paragraph (b) of section 7 of this contract shall apply.

9.             Miscellaneous.

chebeague.net, LLC reserves the right to deny or limit Internet service to anyone who abuses the bandwidth resources available to chebeague.net or who knowingly allows other households to use chebeague.net bandwidth.  Unauthorized use of chebeague.net bandwidth may constitute theft of service and may be treated as such in the legal system.

 

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