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Internet 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 also blocks certain ports on our routers for security risks. CBS cannot guarantee that all harmful content is inaccessible from Service.

Customer Responsibilities
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, firewall, malware protection, virus protection, hard drive backup, and lightning protection. Customer is responsible for his/her individual password(s) and login name(s) and shall not give password(s) to anyone else. Customer will not allow anyone else to use Service, except under the terms and conditions of this Agreement. Customer assumes responsibility for maintaining up-to-date virus protection, for maintaining applicable aggregate throughput (caps) as published on CBS' website, and for maintaining Customer's data within allocated sizes of email boxes and web space. Customer will not use Service for any Mission Critical purposes, including without limitation, security systems, fire alarm systems, and/or life-support systems.

Data Usage Caps and Overages
Any monthly data usage above the stated cap limit for Customer's Service Plan (as posted on CBS' website) is subject to review by management and could result in moving Customer to a higher tier Service Plan, in Customer paying for data usage overages, or in limiting Customer's download speeds so that data caps are not exceeded.

1. CBS may immediately terminate Service to Customer upon any of the following conditions:

  • 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.
2. CBS may terminate Service to Customer for other reasons, at the sole discretion of CBS, upon at least thirty (30) days advance written notice.

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:
  1. Violations and attempted violations of system security.
  2. Unauthorized entry into another user's (including another company's) computer, communication devices, or resources.
  3. Interfering with or disrupting Service and/or CBS' equipment or that of other users.
  4. Intentional propagation of computer viruses.
  5. Sharing of Service beyond the contracted single residential unit or single business suite use.
  6. Use of unauthorized equipment.
  7. Spamming activities.
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 will commence on the Service Startup Date and will continue for a period of one year, unless otherwise specified here: ______ years. At the end of the initial term, this Agreement shall automatically renew on a month-to-month basis, unless Customer delivers to CBS at least thirty (30) days advance written notice of Customer's intent to cancel. The renewal of this Agreement shall be on the terms and conditions set forth herein.

Upon renewal of Agreement:
  1. The Base Service Rate to Customer shall be at the rate in effect at the time of renewal, as published on CBS' website at www.calbroadband.net.
  2. Any rate increase that takes place after the time of renewal, as published on CBS' website, will automatically be applied to Customer's Base Service Rate.
  3. The terms and conditions of this Agreement that have been updated at the time of renewal, as published on CBS' website, as well as the terms and conditions of this Agreement that are updated after the time of renewal, as published on CBS' website, will automatically apply to this Agreement.
  4. Customer may cancel this Agreement by delivering to CBS at least thirty (30) days advance written notice of Customer's intent to cancel.
If Customer does not maintain Service through the end of the 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 startup. 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 become applicable. Other delinquency fees may be assessed to Customer, including but not limited to returned check fees, late payment fees, and reconnection of Service fees, as published on CBS' website.

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 Encore Business Systems, Inc., a California Corporation.

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