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Fair Use Agreement

1. DSL Service:

Digital Subscriber Line is a digital service that is a permanent connection between the clients’ premises and the telephone company's Central Office that offers upstream and downstream speeds from 144kbps to 7Mbps. The maximum speed of service will depend on factors such as distance from the Central Office, wire gauge, weather, and the quality of the copper line serving the client area. In some cases, DSL Internet may not be accessible at Client’s location. This may be due to, but not limited to, length of copper pair from Client’s location to the telephone companies central office, condition of the line, bridge taps, or load coils present on the line.  Client acknowledges that Cyber Trails is not responsible for any of the above conditions that may or may not affect DSL service performance and/or capability.

2. Rates:

Rates set by Cyber Trails are subject to change. There will be a (30) thirty-day notice, in writing, to the Client of any rate change. The Client has fourteen (14) days to notify Cyber Trails, in writing, of a cancellation in service due to a rate increase. 

3. Payment:

Cyber Trails shall invoice Client after the DSL line is provisioned by the telephone company to Client for the one-time amounts due for installation under this Agreement as identified in Attachment A. Client shall pay the invoice within the due date indicated on the invoice. Thereafter, Cyber Trails shall bill Client monthly for all service charges due and payable under this Agreement for the current calendar month. Client shall pay each such invoice within the due date indicated on the invoice. In the event of a dispute over any invoice rendered by Cyber Trails, Client shall pay the undisputed portion, as provided herein, and the parties shall promptly meet and resolve the disputed portion in good faith. All payments must be paid in “US Dollars”. Client agrees to pay a twenty-five dollar ($25.00) service charge on any returned check.

4. Termination:

If Client fails to pay any outstanding charges within ten (10) days after receipt of written notice from Cyber Trails of delinquency, Cyber Trails may, at its option, suspend the services under this Agreement until such delinquencies are paid. If such delinquencies continue unresolved for an additional ten (10) days after suspension, Cyber Trails may terminate service in addition to other available rights and remedies.

5. Rights and Obligations of Client:

A.  Client shall at his/her own expense provide all necessary preparations required to comply with the Cyber Trails installation and maintenance specifications, and shall be responsible for the costs of relocation of any equipment or telecommunications circuits once Services are initiated.

B.  Client shall provide information related to Services as requested by Cyber Trails to troubleshoot problems.

C.  Client shall not nor shall it permit or assist others to use Services for any purpose other than that for which they are intended. Client shall take all prudent precautions to protect the security of all its equipment connected to the Services from unauthorized use, intentional or not.

D.  Client shall not nor shall it permit or assist others to abuse or fraudulently use services, including but not limited to the following:

1. Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
2. Accessing, altering, or destroying any information of Cyber Trails, its clients, or another external service by any unauthorized means or device, or attempting to do so;
3. Permitting the accessing, altering, or destroying any information of Cyber Trails, its clients, or another external service by any unauthorized means or device;
4. Using services so as to interfere with the use of the Cyber Trails network by other clients or authorized clients, intentionally or not; or in violation of the law or in aid of any unlawful act.
5. Use of service to send abusive, harassing or obscene messages; sending of unsolicited, bulk messages commonly known as SPAM; sending messages where the actual sender's identity is disguised; sending transmissions with the effect of denying service provided by Cyber Trails or another external service or its clients; intentionally or not. Unsolicited, for the purpose of this provision, is defined as that which was not applied for, requested or sought by the recipient. Cyber Trails has the right to void this contract without notice due to any disruptions deemed inappropriate or unacceptable by Cyber Trails.
6. Use of service to provide bandwidth for another Internet Service Provider or for unauthorized web-based servers including, but not limited to, FTP, HTTP, or News servers.
   

E.  Cyber Trails shall not be responsible for the installation, operation or maintenance of equipment or software not owned by Cyber Trails; nor shall Cyber Trails be responsible for the transmission or reception of information by equipment or software not owned by Cyber Trails. Client shall be responsible for the use and compatibility of equipment or software not owned by Cyber Trails. In the event that Client uses equipment or software not owned by Cyber Trails that impairs the Client's use of Services, Client shall nonetheless be liable for payment for Services. Upon notice from Cyber Trails that the equipment or software not owned by Cyber Trails is causing or is likely to cause hazard, interference or service obstruction, Client shall eliminate the likelihood of hazard, interference or service obstruction, and Cyber Trails may temporarily discontinue Services until the hazard or interference has been eliminated. Client shall if necessary pay Cyber Trails to troubleshoot difficulties caused by equipment or software not owned by Cyber Trails. Cyber Trails will notify Client by telephone or email before any such charges are incurred.

F.  Cyber Trails shall not be responsible if any changes in Services cause equipment or hardware not owned by Cyber Trails to become obsolete, require modification or alteration, or otherwise affect performance of equipment or hardware not owned by Cyber Trails.

G.  Cyber Trails reserves the right to allow or refuse the make, model and/or software revision of Client provided equipment to be used as the gateway to Cyber Trails.

H.  DSL Usage:  Cyber Trails reserves the right to terminate or refuse DSL service at our discretion to anyone we deem to be using an unreasonable amount of bandwidth.  Cyber Trails will make a reasonable effort to notify any user of Cyber Trail's action, but is not bound by this Agreement to do so.

By signing the line below you are agreeing to the terms listed above.

DSL Client Signature

____________________________
Authorized Signature

____________________________
Typed or Printed Name

____________________________
Date

________________________________________
Contact Telephone Number

Call 1-888-841-4DSL (4375) for more information, or send an email to dslsales@cybertrails.com.