BUSINESS Internet Access Service Agreement
This Agreement, effective as of the Service Startup Date, is between California Broadband
Services ("CBS"), and Customer, as signed below. This Agreement sets forth the terms and
conditions under which CBS shall provide Internet Access Service ("Service") and related
services to Customer.
Service Provider Responsibilities
CBS is responsible for Customer's first successful computer connection to
Service. CBS shall make reasonable effort to provide continuous, uninterrupted, expedient, and
error-free Service to Customer. CBS' responsibilities exclude circumstances beyond
CBS' reasonable control, including acts of any governmental body, war, terrorism, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, failure of Customer premises power, or failure
of Customer owned network equipment. CBS' responsibilities also exclude temporary interruption due to
scheduled maintenance. Customer will be notified in advance if maintenance is scheduled outside of the
normal maintenance window of midnight to 6:00 a.m.
CBS is committed to providing a safe Internet access environment for our
subscribers. CBS also blocks certain ports on our
routers for security risks. CBS cannot guarantee that all harmful
content is inaccessible from Service.
Customer is solely responsible for providing, configuring, and maintaining all of Customer's
equipment (hardware and software), including without limitation, Customer's local area network, Wi-Fi,
firewalls and other protections, and lightning protection.
Customer assumes responsibility for maintaining
applicable aggregate throughput (caps) as posted on
CBS' website. Any monthly data usage above the stated cap amount is subject to review
by management and could result in either moving Customer to a higher tier Internet service plan or having
limits placed on Customer's downloads.
not use Service for any Mission Critical purposes, including without limitation: security
systems, fire alarm systems, and/or life-support systems.
1. CBS may immediately terminate Service to Customer upon any of the following
2. CBS may terminate Service to Customer for other reasons, at the sole discretion of CBS, upon thirty
(30) days written notice.
- Failure to make timely payment of monthly fees or other charges.
- Misuse of Service (as described in Acceptable Use Policy and Misuse of Service, below).
- Violation of any local, state or federal law, including without limitation, FCC, copyright law,
trademark law, and/or pornography law.
Upon any termination, CBS may delete all data, files, and other information
stored by Customer on CBS' servers.
Acceptable Use Policy and Misuse Of Service
The definition of "Misuse of Service" is left to the sole discretion of CBS. Customer gives
CBS permission to reasonably monitor their network for misuse of Service, which includes
without limitation, the following:
- Violations and attempted violations of system security.
- Unauthorized entry into another user's, or company's, computer, communication devices or resources.
- Interfering with or disrupting services and/or equipment of other users.
- Intentional propagation of computer viruses.
- Sharing of Service beyond the contracted business suite use.
If Customer chooses to store data on CBS' servers, CBS will make every effort to keep such data completely private;
however CBS cannot make any guarantee. Communications should not be considered protected under the
Electronic Communication Privacy Act of 1994.
Customer may not share, resell, assign, or transfer this Agreement or access to Service
without written authorization from CBS.
Term of Agreement
The term of this Agreement ("Term") will commence on the Service Startup Date and will continue for a period
of one year unless otherwise specified on Agreement at sign up. The Term will
automatically renew on the terms and conditions set forth herein,
unless Customer delivers to CBS thirty (30) days advance written notice of cancellation.
Upon renewal of Term, the Base Service Rate to Customer will be at the rates in effect at that time. If
Customer does not maintain Service through the end of initial Term, an early termination fee will apply at
the rate of 20% of the Base Service Rate per month for the remaining months of the initial Term.
Billing, Payments, and Fees
Installation Fee and first month's Base Service Rate are due in advance of Service start up.
Monthly fees for Service are due, in advance, on the first of the month. Payment will be considered
delinquent if not received by the fifth day after the due date. CBS may assign unpaid late balances to a
collection agency for appropriate action. In the event legal action is necessary to collect
balances due, Customer agrees to reimburse CBS for all expenses incurred to recover sums due,
including processing fees, attorney fees, and other legal fees.
Customer authorizes CBS to increase Base Service Rate by the amount of government taxes, or fees, if these
CBS cannot control the content, accuracy, or quality of information available through its Service or the Internet.
Customer understands and agrees that temporary
interruptions may occur as normal events in the provision of Service. In no event
shall CBS be liable to Customer or any other persons for any special, incidental, consequential,
or punitive damages of any kind, including without limitation, refunds of fees, loss
of profits, loss of income, or cost of replacement services. Customer agrees to indemnify and
hold harmless CBS and its authorized agents from any and all claims and expenses arising from Customer's
use of Service, which damages may include Customer or any third party.
This Agreement supersedes all other written and oral communications or agreements.
CBS may modify the terms and conditions of this Agreement in the future, and will
publish updated terms and conditions online at CBS' website. Customer has read this Agreement and clearly
understands and agrees to the policies and conditions thereof.
California Broadband Services is a division of
Systems, Inc., a California Corporation.