##### DELETE THIS BLOCK ;-) ##### Tokens: [CLIENT NAME] - the client's legal name [CLIENT STREET] - the street and number part of the install address [CLIENT CITY] - the city part of the install address [SETUP FEE] - account setup fee [MONTHLY FEE] - account monthly fee ######################## CLIQ Services Cooperative, Inc., here referred to as CLIQ, agrees to provide an Internet connection to [CLIENT NAME], here referred to as "customer," subject to the following terms and conditions. Feed Service CLIQ shall provide and maintain at its expense one DSL data line connecting customer's Ethernet local-area-network located at [CLIENT STREET], [CLIENT CITY], California to CLIQ's nearest routing hub. CLIQ shall provide best-effort routing of Internet protocol network traffic between customer's site and the Internet. This service is understood to be subject to the fallibility of telecommunications technology and electrical utility service, over which circumstances CLIQ has no control. Standard Services CLIQ shall provide email accounts and Internet protocol addresses to be assigned to users and devices at the customer's discretion. CLIQ shall provide web hosting for the customer's primary web site with a reasonable amount of storage and data transfer traffic per month. If the customer exceeds the base allocation, CLIQ shall charge an additional hosting fee. CLIQ does not regulate or filter Internet content. CLIQ reserves the unilateral, exclusive right to terminate Internet services to the customer if its users abuse the CLIQ Acceptable Use Policy (found at "http://www.cliq.com/use.html") which is made part of this agreement. CLIQ reserves the right to amend its AUP from time to time, and will submit suggested amendments to its users to comment on 30 days before they are made effective to the AUP URL. The AUP shall include terms regarding, but not be limited to: spam of any kind, excessive cross-posting of articles to multiple newsgroups, the posting of off-topic articles, the excessive use of incendiary language, or any actions which result in mass public complaint, as determined by CLIQ at its complete discretion. In the event that CLIQ terminates the customer's account under this clause, a $500 termination fee will be added to the customer's final bill. Services upon Request If requested, CLIQ shall provide and maintain Internet-standard primary Domain Name Service (DNS) on the customer's behalf. This DNS is provided through the network of name servers maintained and administered through the OpenNIC. If requested, CLIQ shall provide the customer with assistance in the completion and filing of any NIC paperwork required for registering additional domain names within any appropriate Top-Level Domain available through the OpenNIC DNS network. CLIQ assumes no responsibility and no liability for the outcome of such assistance. These services are provided upon written request by an authorized representative of the customer. This contract entitles the customer to three hours' labor provided by CLIQ in the execution of these requests. In the event that the customer requests services which require additional time to complete, additional hours shall be billed at the rate of one hundred dollars ($100.00) per hour after authorization from the customer. Term, Payment, and Delivery This contract is effective upon CLIQ's receipt of the executed original of this agreement or a facsimile, which shall be deemed equivalent to an executed original. A one-time setup fee of [SETUP FEE] is due immediately, as is the executed original of this contract if previously delivered by facsimile. Approximately two to three weeks will elapse while the involved utility companies configure data service to the customer's site. When that is completed, CLIQ shall deliver preconfigured hardware to the customer's site, the cost of which is included in the account setup fee. Internet routing service begins upon delivery, and the first partial-month's payment (to be determined on a pro-rated basis) is due and payable at that time. Subsequent payments of [MONTHLY FEE] are due and payable prior to each month of service thereafter. The service fee shall remain fixed at [MONTHLY FEE] per month for the duration of this agreement, unless CLIQ incurs an increase in the externally-imposed expenses of providing service or the customer exceeds the data traffic allocation. In the event of such a change, CLIQ shall provide documentation and thirty (30) days of continued service during which the customer must either accept an increase in fees or terminate this agreement. Late Charge In the event that a payment required under this agreement is more than fifteen days late, a late charge of two percent (2%) of the payment due shall accrue for each month or fraction of a month that payment is delayed, and shall be due and payable at the time the required payment is made. In the event that a payment required under this agreement is not made within fifteen days of its due date, CLIQ shall have the option to terminate this agreement, suspend Internet routing service, and pursue any legal remedy to collect the balance of money owed. Access To the extent that physical access is needed by CLIQ to the customer's premises for installation, maintenance, or removal of equipment, the customer warrants that such access shall be provided during reasonable hours to CLIQ and its agents. Termination CLIQ reserves the right to terminate this contract immediately if the customer uses the provided connection to the Internet in the commission of any crimes, or engages in any offenses against the CLIQ Acceptable Use Policy. While we do allow down-stream resale of Internet connections by sites which we connect (provided that the customer notifies CLIQ in advance and enforces the CLIQ Acceptible Use Policy in regard to the resale uses), if the load that such resale imposes upon our resources impinges substantially upon the quality of service we can provide to our other customers, CLIQ shall provide a fifteen day written notice to customer to desist. If customer fails to remedy its use pursuant to such written notice, CLIQ shall be entitled to terminate this agreement. This agreement shall be in effect for an initial term of twelve (12) months from the date Internet routing service commences, and will continue thereafter unless terminated upon thirty (30) days written notice by either party. Termination before the completion of this twelve month period will result in a $50 early-termination fee to be included in the customer's final bill. Any payments due to CLIQ under this agreement at the time of termination of this agreement, for whatever reason of termination, shall be paid by customer immediately. General Terms CLIQ makes no representation, guarantee or warranty, express or implied, regarding the suitability of its services to any of purposes including but not limited to delivery of data or documents, reliable or timely delivery of data or documents, preservation of data or documents, storage of data or documents or retrieval of data or documents. Further, CLIQ shall have no responsibility or liability of any kind for any claims, losses or damages resulting from customer's use of CLIQ's services. To the extent that any service provided herein is impacted by state or federal regulation, terms of this contract would be adjusted, if need be, to conform to such regulation. Customer at its sole cost and expense agrees to pay all fees and taxes of any kind imposed by the Federal Government, State, or any local body against the charges or use of this service. The parties signing below understand that this is a contract the terms and provisions of which are binding on each party and may be enforceable in a court of law. Any provision that is determined by law to be unenforceable or illegal shall be severed from this contract and all other terms remain in full force and effect. This agreement shall be deemed to be made and subject to performance in the State of California and shall be governed by California law. The individuals signing this agreement on behalf of CLIQ and on behalf of customer warrant and represent that each has the authority in his or her capacity to enter into this agreement. This agreement shall be binding upon the successors, heirs, personal representatives, and assigns of the undersigned. The terms of this contract may be modified by written agreement signed by both parties. ____/____/____ ______________________________ ______________________ Date Signature Printed Name ____/____/____ ______________________________ ______________________ Date CLIQ Services Cooperative, Inc. Printed Name