CST Service Agreement

You must agree to the following

The following is the Service Agreement currently in force between Cyberstation Inc. and its Customers. This agreement may be modified by Cyberstation from time to time but the copy represented on this web page takes precedence over all others.

Cyberstation Service Agreement

THIS AGREEMENT is by and between the undersigned customer ("Customer") and Cyberstation Inc., a Texas cooperation with its main office at 2629 Plaza Parkway ,Suite A-3, Wichita Falls, TX 76308 for the provision by Cyberstation of certain network services for Customer (collectively, the "Agreement").

CUSTOMER ________________________(Name)
______________________________(Company)
______________________________(Address)
_________________(City) _____(State) ________(Zip)

Definitions:
1. The "Agreement" refers to both the Service Agreement and the Service Exhibit.
2. The "Customer" and "Customer's" refer to the Customer described above.
3. "Cyberstation" refers to Cyberstation Inc.
4. The "Service" or "Services" refers to any service as described in the Service Exhibit, as revised form time to time.
5. The "Effective Date" as used herein, means the date when the Agreement is accepted by Cyberstation and successful Enablement of Services has occurred.
6. "Successful Enablement means that (1) Cyberstation has enabled the transmission of TCP/IP packets between Cyberstation's router interface to the Customer's router interface that is specifically designated for the service, and (2) a Customer user name and password with respect to the service has been authorized by Cyberstation.
7. "Operation and Maintenance" means the continued Enablement of transmission of TCP/IP packets between Cyberstation's router interface and Customer's router interface that is specified for the service, provided, however, that any failure or malfunction of any cabling, communication lines, hardware, and software not operated or provided by Cyberstation will not create any liability of Cyberstation under this Agreement.
Term.
This Agreement shall come into effect on the Effective Date, as defined above. Once Cyberstation achieves Successful Enablement, the Service will be presumed to be available for Customer's use, regardless of the status of the Customer's equipment. The initial term of the Agreement shall be thirty (30) days from the Effective Date for Cyberstation's month-to-month rates or one year (365)days for Cyberstation's yearly or DSL rates. This agreement shall extend thereafter for successive thirty (30) day terms at Cyberstation's current month-to -month rates for the Service and each successive year (365) days for Cyberstation's yearly or DSL rates and shall remain in effect until terminated in accordance with the Termination provisions of this Agreement (paragraph 5).
Rates, Charges and Payment; Rate Changes.
The Customer is responsible for the payment to Cyberstation of the rates and charges specified in the Service Exhibit. All rates and charges, as defined herein, shall become payable when this Agreement comes into effect, pursuant to the terms contained above. All charges specified in this Agreement are expressly exclusive of any applicable taxes, the later of which shall be payable by the Customer and which shall be itemized separately by Cyberstation. Rates and charges shall be invoiced ten (10) days prior to the due date and will be due monthly on the anniversary of the Effective Date. Cyberstation billing statement shall be deemed correct and binding on the Customer unless an objection in writing is received by Cyberstation fifteen (15) days from the date of the billing statement. Interest on any overdue payments owing to Cyberstation pursuant to this Agreement may accrue on a daily basis and will apply at a compound rate of 1.5% per month (19.5% per annum).

The rates and charges specified in this Agreement are subject to revision by Cyberstation from time to time, and Cyberstation will provide thirty (30) days notice to the Customer of any increase in such rates and charges. When and if Customer receives any notice of any rate increase from Cyberstation, Customer may terminate this Agreement upon providing Cyberstation a written notice within thirty (30) days of the receipt of the written notice by Cyberstation. If the Customer fails to deliver such notice to Cyberstation this Agreement shall continue in effect and the new rate shall apply and be billed to the Customer accordingly.
Customer Obligations
1. Customer shall at its own expense undertake any and all preparations required to comply with Cyberstation's installation and maintenance instructions.
2. Customer shall be precluded from doing any of the following:
  1. Posting or transmitting any transmission constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national, or international law, including without limitation the U.S. export control laws and regulations.
  2. Post or transmit any information of software which contains a virus, worm, cancelbot, or other harmful component. Hacking, Phreaking, or otherwise attempting to access restricted areas of any network or computer system.
  3. Upload, post, publish, transmit, distribute, or participate in the transfer or sale, or in any way exploit any information, software, or other material obtained through the Internet which is protected by copyright of other proprietary right, or derivative works with respect thereto, without permission of the copyright owner.
  4. Abuse or fraudulently use the Service in any way not set forth above.
3. Customer acknowledges that access to the Service under this Agreement is intended for the use of the Customer and its authorized users only. Customer and its authorized users shall not resell the Service to any other party without having executed a separate Reseller Agreement with Cyberstation.
Termination. Customer may terminate this agreement within the first (30) days with a full refund, for unsatisfactory service provided that customer returns all equipment provided for the service and a written statement of reasons for termination. Either party may terminate this agreement after the initial term, by providing the other party (30) days written notice prior to the expiration of the current term. Accounts must be current with a $0.00 balance at the time notice is submitted to Cyberstation. Any termination shall not relieve the Customer of its obligation to pay any charges for the remaining term or incurred hereunder for services rendered prior to the date requested in Customer's written termination request. Moreover, Cyberstation may terminate this Agreement, or suspend the provision of Service to the Customer without notice at any time in the event of the occurrence of any of the following:
1. Failure by the Customer to pay all required rates and charges under this Agreement to Cyberstation on the payment date specified in Cyberstation's billing statements to Customer.
2. Breach of any covenant, term or condition of the Agreement.
3. The Customer makes an assignment for the benefit of creditors or becomes bankrupt of insolvent of takes benefit of or becomes subject to any legislation in force relating to bankruptcy or insolvency, it being understood that the appointment of a Receiver or Trustee of the property and assets of the Customer is conclusive evidence thereof.
4. Cyberstation is unable to provide the service by reason of any law, rule, regulation, or municipal, state or federal authority, including but not limited to, any regulatory authority having jurisdiction.
5. If, for any reason, Cyberstation deems it necessary, and in the best interest of Cyberstation, that the user be removed from the service immediately.
Rights and Obligations of Cyberstation; Disclaimer of Warranties.
1. Cyberstation shall be responsible only for the Operation and Maintenance (as defined above) of the Services. Customer shall be responsible for maintaining and managing its own network and routers that interface with the Service. Cyberstation shall not be responsible for cabling that connects that connects equipment not provided by Cyberstation to Cyberstation equipment or to the Service. Any interruption in the Service that is caused by the malfunction or interruption of any physical telecommunications media or facility (including but not limited to, cables and fiber optic lines) not under direct or indirect control of Cyberstation or by any malfunction or manufacturer's defects of equipment either sold by Cyberstation to the Customer or purchased by the Customer in connection with the Service will not be deemed a breach of Cyberstation's obligation under this agreement.
  
  The foregoing states the Customers sole remedy for service interruption under the Agreement, and in no event shall Cyberstation be liable for harm on business, lost revenues, lost savings, or lost profits suffered by Customer, regardless of the for of action, whether I contract, warranty, strict liability, or tort, including without limitation, negligence of any kind, whether active or passive.
2. Customer understands that Customer and Customer's authorized users may access the Internet through the Service. Customer understands further that, except for certain products and services specifically identified as being offered by Cyberstation, neither Cyberstation nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered or made available or accessed by Third Parties who are not affiliated with Cyberstation, its agents, or affiliates. Customer assumes total responsibility and risk for Customer's use and Customer's authorized user's use of the Service and the Internet. Neither Cyberstation, its agents or affiliates make any express or implied warranties, representations or endorsements whatsoever.

By signing below you agree to all terms and provisions of this service agreement.

____________________________ _________

Customer Signature / Date

____________________________ _________

CyberStation Representative / Date

CST Service Agreement

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