OpenCape Business Gigabit Service Agreement

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OpenCape Corporation (“OC”) provides Internet access through a shared gigabit of service (the “Service”) to subject to Customer’s agreement and compliance with the terms and conditions below (the "Agreement").

I. REGISTRATION -

A. Customer represents and certifies that Customer is at least 18 years of age and that all information provided to OC in connection with Customer’s registration, whether on-line or otherwise, is accurate, complete and current. Customer agrees to timely notify OC of any changes to such information.

B. Customer agrees to pay OC's current charges in effect from time to time for the Services, including but not limited to monthly fees, incurred by Customer at the rates in effect for the billing period in which those charges are incurred and all applicable taxes. Customer further agrees that Customer will be liable for all attorney's fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a monthly basis. Payments are due by the due date specified in the invoice. In the event Customer fails to make any payment by the due date, Customer shall be liable to OC for
a late charge on all past due amounts in the amount of one and one-half percent (1.5%) per month, or such lower rate that is then the maximum rate allowed by law, calculated on a daily basis from the due date until paid. Failure to timely pay invoices by the due date may result in the suspension of your Service. It is the customer’s responsibility to provide and maintain all telephone, local area network equipment (including client-specific tools & devices), and associated IT services required to enable the client’s use of OC’s industry-standard internet connection as provisioned at the OC-provided electronic interface such as an ONT (optical network terminal) and modem/router (“the demarcation point”).

II. USE OF THE INTERNET - Customer is totally responsible and assumes the risk for its use of the Service and the Internet. OC makes no express or implied warranties, representations or endorsements whatsoever about any merchandise, information or service provided through any OC service or on the Internet generally, and OC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is Customer’s responsibility to provide all telephone and other equipment and services necessary to access the Service. Unless Customer receives the prior written approval of
OC, Customer may not, and will not, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you receive through the Service.

III. NO SERVICE WARRANTIES - The Service is provided on an “as-is” and “as available” basis with warranties of any kind, either express or implied. No advice or information given by OC or its contractors or their respective employees shall create a warranty. OC does not warrant that the Service will be uninterrupted or error-free or that any information, software or other material accessible on the Service is free of viruses or other harmful components. Under no circumstances shall OC or its contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way
from Customer’s use of or inability to use the Service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. If Customer is dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of OC in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

IV. PROPERTY RIGHTS AND COPYRIGHTED MATERIAL - Customer agrees that all content accessed through the Service is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content. Except as expressly permitted herein or by applicable law, OC and its supplier(s) retain all right, title and interest in the software utilized to access the Service. Customer agrees to abide by the copyright, patent, and trademark laws and all other applicable laws of the United States and its political subdivisions, including, but not limited to,
export control laws. OC may suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third-party intellectual property rights, including repeat infringers of copyrights. OC expressly reserves the right to suspend, terminate, or take other interim action regarding the Service of any user or account holder if OC, in its sole judgment, believes that circumstances relating to an infringement of third-party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights OC may have under law or contract, such as the Digital Millennium Copyright Act (“DMCA”) and other applicable laws or court orders. If Customer believes that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent, or the law, you may contact our Designated Agent as follows:

OpenCape Corporation
P.O. Box 1148
Barnstable, MA 02630
info@opencape.org

V. CUSTOMER CONDUCT -
A. While using the Internet through the Service, Customer shall abide by OC’s Acceptable Use Policy, and Customer represents and warrants that Customer will not: (i) restrict or inhibit any other user from using and/or enjoying the Internet, or take other harmful actions against other users or persons or our network, (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable and unlawful or harmful information of any kind, including but not limited to transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation or law, including but not limited to the United States export control laws and regulations, or post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component, (iii) unlawfully download, upload, post, publish, transmit, reproduce or distribute in any way, information, content, software or other material through the Service which is protected by copyright, patent, trademark, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder, or (iv) upload, post, publish, transmit, reproduce or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright laws.

B. Customer agrees and understands that OC has no obligation to monitor the Service, but Customer agrees that OC may monitor the Service electronically from time to time and disclose any information as necessary to satisfy any law, regulation, ordinance or other governmental request to operate the Service properly, or to protect itself, its network, or its subscribers. OC shall not intentionally monitor or disclose any private electronic mail message unless required by law.

C. OC may suspend or terminate your Service if you violate or appear to have violated of any of the terms of this Agreement, the intellectual property rights of any other person or entity, or if you use or attempt to use the Service for any unlawful, harassing, or unwanted purposes or for the transmission or receipt of traffic or data. OC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unlawful, harmful, unwanted, unacceptable, undesirable, or in violation of this Agreement.

VI. BREACH OF THE AGREEMENT - OC may temporarily or permanently deny you access to all or part of the Service without notice if you engage in any conduct or activities that OC, in its sole discretion, believes violates any of the terms and conditions in this Agreement or are in any way inconsistent with the Acceptable Use Policy or other Internet Disclosures and Policies as in effect from time to time and which may be found at opencape.org. If OC denies you access to the Service because of such a violation, you agree that you have no right (1) to access through OC any material stored on the Internet, (2) to
obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, and (3) to access third-party services, merchandise or information on the Internet through OC. You agree that OC shall have no responsibility to notify any third-party providers of services, merchandise or information and that OC shall not be responsible for any consequences resulting from lack of notification.

VII. INDEMNIFICATION - Customer agrees to defend, indemnify and hold OC harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of this
Agreement by Customer or authorized users of Customer’s account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or
other materials on the Internet by you or authorized users of your account.
VIII. ARBITRATION AND WAIVER OF CLASS ACTION CLAIMS - Most customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has an issue which cannot be resolved without third-party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under this Agreement or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law, both parties
agree to waive any rights to pursue a claim arising from or relating to this Agreement or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in Barnstable County, Massachusetts or any other mutually agreed location. The waivers in this section continue in force and effect after the termination of this Agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in
a court; provided that all such actions will be brought in small claims or another court with jurisdiction; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party then the case shall be transferred to arbitration.

IX. MISCELLANEOUS - In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of the provisions shall remain in full force and effect. OC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without
regard to its conflicts of law provisions. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. This Agreement is personal to Customer and Customer shall not assign its rights without the express written consent of OC. Upon reasonable notice published over the Service or sent to Customer, OC may modify this Agreement, including but not limited to its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion.
If Customer does not cancel Service or continue to use or pay for the Service after the notice period expires, you will be deemed to have accepted the modifications or revisions. OC agrees that is will not modify the monthly fee for the Customer’s first two (2) years of service.