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SurfCity Networks Broadband Service Agreement

1. Service Description: Broadband Service provides you with dedicated access to the Internet. Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local Telco's central office, internet congestion, upload and download speed of your destination server. Speed and uninterrupted use of the service are not guaranteed.  Further details of the Broadband Service are set forth in the Service Description for the version of the Broadband Service you have selected. Additional included services are subject to change or removal at the discretion of SurfCity Networks.

2. Price: Prices shown in the Pricing Schedule are guaranteed for the term of service when the term commitment policy is in effect. All orders will automatically renew on a month-to-month basis, until terminated or modified in writing. In addition, you are responsible for applicable taxes, telecommunication surcharges or other governmental charges due on the Services.

3. Service Term: Monthly recurring charges are based on ordering one Broadband Service line to use at the specific address for which services were ordered. From time to time we offer special pricing if you agree to maintain service for a specified term (the term commitment). Upon termination of the required term, the service agreement will automatically convert to a month-to-month agreement unless terminated in writing by either party. 

4. Payment: Unless otherwise stated in the schedule, we will invoice you monthly. You agree to pay within 10 days from receipt of the invoice. For overdue invoices, your service may be suspended until payment is received. Customers will be responsible for paying monthly subscription fees while services are suspended due to non-payment. There will be a $25 Service charge on all returned checks. Credit card charge-backs initiated by the customer that are found to be legitimate charges will have all related service fees applied to the account. Past due accounts may accrue a charge of $1.5% or a $10.00 late fee per month. Delinquent accounts will be referred to our collection agent or to small claims court at the discretion of SurfCity Networks.

5. Installation: A Broadband Service end-user's computer must be equipped with an Ethernet Network Interface card (NIC) for proper operation. A NIC is NOT part of the modem package. You are responsible for securing and installing a NIC into your computer. If you are not comfortable with installing the NIC card, special installation of the NIC card must be arranged with a third party at the end user's sole discretion and expense.

6. Maintaining Current Telephone Service: (InfoSpeed DSL only) DSL service shares the end user's current telephone line and service. It will be the end user's sole responsibility to maintain the phone line and number of original installation in working order with Verizon or SBC in order to receive DSL services. Disconnected telephone service, disconnected DSL service due to number change, or moving out of the service area does not relieve end-user of monthly service fees, contractual obligations and applicable early termination fees.

7. Our Responsibility: We are responsible for providing Broadband Services by qualified personnel in a professional manner. We are not responsible for outages or delays or for performance of included amenities through an outside vendor. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Service Cancellation: Cancellation of DSL Broadband requires 30 days notice via e-mail, conventional mail or FAX. Verbal cancel requests will be accepted with a confirmation via e-mail sent to the account manager on file. SurfCity Networks is not responsible for service canceled due to customer error or without the knowledge of the account manager. If you cancel during a Service Period, you agree to pay all Broadband Service fees accrued as of the cancellation date and early cancellation fees when applicable in the amount equal to 100% of the remaining service fees in your contract or the current term cancellation fee, whichever is less. Your account is not monitored for activity, and absence of activity or cancellation of your TelCo line/number will not constitute a termination request.

9. IP Addresses:  All IP addresses issued by SurfCity Networks are the property of SurfCity Networks, Inc. Assigning an IP address for the purposes of providing service in no way convenes any right or title to the IP address. Upon expiration, cancellation or termination of any service provided by SurfCity Networks, you shall relinquish any IP addresses or address blocks assigned to you by us. SurfCity Networks may choose to assign you a new IP address at anytime. Forward / reverse DNS is available for an additional cost. SurfCity Networks will not delegate reverse DNS.

10. Acceptable Use: You agree to use the Broadband Service in accordance with our user agreement. Our current user agreement is published on our web-site at http://www.surfcity.com/policies.htm.  We reserve the right to make reasonable changes to our user agreement without notice.

11. Return of Equipment: Upon termination of your DSL service, including expiration of the Service Period (unless extended by the parties), you agree to return to us all hardware (other than hardware which you have purchased from us at full retail pricing) which we have provided to you in connection with the DSL or other Broadband Service in good working order and acceptable appearance. In the event that the hardware is not returned to us within 10 days, allowing such termination or expiration, or in the event it is in a condition not usable for re-issue to another customer, we will charge you the un-depreciated list price of the hardware involved, in addition to all applicable late return fees and sales tax.

12. DSL/SHDSL Price, Speed of Service: Unless otherwise specified, price includes DSL circuit charges. Speed rate depends upon plan and/or user's line capabilities (loop length, line condition and gauge of copper wire). The maximum speed for InfoSpeed DSL is stated under optimal conditions and may vary significantly. Please note that monthly recurring charges are based on ordering one DSL line for a minimum term for use at the specific address for which services were ordered. For all term commitments that have expired SurfCity Networks reserves the right to change monthly charges at any time.