Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/ex/fib/co/130b.ws

WordStar Document | 1993-08-01 | 6KB | 147 lines

              TELECOMMUNICATIONS SERVICE AGREEMENT

_________________, referred to as BBS and _____________________,
referred to as CUSTOMER,  agree:

BBS system shall provide an area for customer service and support
for CUSTOMER. In this area, CUSTOMER shall be entitled to offer
products for sale and conduct other transactions for CUSTOMERS.

Unless terminated as provided herein, this agreement shall begin
on ______________ and conclude on _____________.


CUSTOMER shall pay to SYSTEM a _______ fee of $_______, which
shall  be due __________. In the event that CUSTOMER logs an
average of more than ___ accesses per day for 10 or more days per
month,  the service fee shall be re-negotiated prior to the
commencement  of the next calendar month in recognition of the
increased costs  to the BBS.

BBS shall be entitled to discontinue service without prior notice
in the event that payment is not made when due, or if tendered
payment is dishonored.


BBS may, at its sole option, temporarily disable access to the
CUSTOMER's area for both the public and the CUSTOMER if is
delinquent in any financial obligations to the BBS.

The BBS system operates on the following schedule:

________________________________________________________

The BBS shall be entitled upon 1 week's notice to additional
"down time" for systems enhancements, not to exceed a total of 7
days per year.

The BBS shall be responsible to offer its services at least 95%
of the scheduled time stated above. In the event that down time
in excess of this standard occurs, a proportional credit of the
per hour fee for hours lost in excess of this standard shall be
given by the BBS on the next month's service. THIS IS THE SOLE
REMEDY PROVIDED UNDER THIS AGREEMENT AND BBS SHALL NOT BE  LIABLE
FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES OTHER  THAN THE
AMOUNT PROVIDED FOR. This is an agreement for liquidated  damages
due to the difficulty of ascertainment of the damages.

BBS shall "back up" the system on the following schedule:

___________________________________________________________

BBS shall provide a tape or other form of back up media at least
every ______ to CUSTOMER. CUSTOMER shall upon request of the BBS,
and at its expense return the disks or tapes provided to the BBS.


THE BBS SHALL NOT BE LIABLE OF RESPONSIBLE FOR DAMAGES FOR
NON-DELIVERY OF MESSAGES. THE SOLE REMEDY IS PROVIDED ABOVE.

Prior to the commencement of service, the BBS shall provide at no
extra charge the following software and systems engineering for
CUSTOMER:

_________________________________________________________

BBS may from time to time make, at its discretion, make upgrades
to the system. CUSTOMER agrees to use such upgraded software
after installation.

CUSTOMER may request changes in software and systems integration
and BBS shall not be required to do the same; however, if such
software and systems integration changes are made, CUSTOMER
agrees to pay a fee of $______ per hour for such services.

CUSTOMER agrees that its activities shall be in strict accordance
with applicable laws and regulations and shall indemnify BBS from
all claims related to its activities herein.

CUSTOMER agrees that it shall not imply or state that the offers
made on the BBS system are approved or made by the BBS system.
BBS shall not act as "arbitrator" or "judge" of claims made by
those dealing with CUSTOMER on the system.

The BBS system shall have the right to review screens and other
displays used by CUSTOMER, and, may in reasonable discretion
reject screens or displays if the same are not up to the
standards of the BBS.

The BBS shall have the sole right to "lock out" users for
violation of BBS systems policies. CUSTOMER agrees that in the
event that a user is "locked out" from the system that the BBS's
decision shall be final, and that the BBS shall not conduct
business with such person on the BBS.

Copyright to all items created by the CUSTOMER shall be held by
CUSTOMER. Copyright to all items created by the BBS shall be held
by the BBS.

The BBS may cease providing service to CUSTOMER on 2 days notice,
if in its good faith business judgment, the activities of the
CUSTOMER are deleteriously affecting the business reputation of
the BBS.

The BBS may review file or message traffic, including items which
are flagged as "private" if in its reasonable exercise of business
judgment the same is necessary to verify accountings, to protect
the integrity of the system or to conduct quality control testing.
CUSTOMER shall inform its employees and agents of this policy in
writing.

This agreement may not be transferred or assigned by either
party.

The parties herein may exchange confidential business information,
including but not limited to computer security information,
customer lists or other useful knowledge which is either a trade
secret or confidential information. The parties herein shall take
reasonable and usual precautions to prevent the disclosure of the
same to third parties. The obligation of non-disclosure shall not
apply to information which is properly disclosed to the public by
either party voluntarily, to information which is or becomes in
the public domain, or to  information known by the parties prior
to the execution of this  agreement.

This is the entire agreement between the parties, and the same
may only be changed or altered by a writing executed by the
parties herein.


Dated: _________________________





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