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P.O. Box 1757 local: 830.990.1258
Fredericksburg, TX 78624 toll free: 866.990.1258
SERVICE AGREEMENT
On this ~~_ day of is '~' 1~'.'' "&..., 200 <~, this agr ement~ is being entered into between Bee Creek Communications,
Inc. (hereinafter referred to as Provider) and ~ a.R ~~ fs i ~C ~" , (hereinafter referred to
as Customer) for the purpos of receiving wireless Internet at the fol owing address: ("location")
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Provider herein agrees o install equipment at the above address in order to provide wireless Internet services to the Customer listed
above.
EQUIPMENT: Customer hereby agrees and acknowledges that any and all equipment issued by Provider will remain the sole
property of Provider and is to be returned to Provider in the event this agreement is terminated. Customer herein agrees to notify
Provider, 30 days in advance, if Customer moves from the said location so any and all equipment can be removed. Customer herein
shall be liable for any damage of any nature from any cause to equipment owned by Provider. If such damage occurs while the
equipment is under the control of Customer, or during the lease term, there will be a fee not to exceed $700.00 due from Customer to
Provider for cost of such equipment. ~°,:: ,.,r,r .. .. , ,~ . <..,.,. , c ~ . ,.,>..:.~ ~ , ,, ,. ,; ~ :.,.. ;•r .. , ,.z o ~ ..,. .
LEASE TERM: The term of this lease will begin on the date this agreement is signed and will continue for the period of
(one)(two) year(s) (customer im5ia0. After the expiration of this contract, it will automatically renew for successive
one (1) year terms unless either of the parties has notified the other in writing, not less than thirty (30) days in advance of the
expiration date of this agreement. The initial term of this Agreement shall commence on the effective date hereinabove provided and
expire when the selected term is complete. All one year contracts will be accompanied with a $9.95 + tax equipment rental fee. Two
or more year agreements will not have the said charge imposed. Disconnection of service before the end of the initial term will result
in early termination fee of $125.00. Disconnection of service after the initial term will incur an equipment removal fee of $50.00,
unless the new owner/renter signs an agreement to continue service at same location.
PAYMENT: Payment for this service will begin on t~i~ ~~te oLthi ta~reement and wiEl be pro-rated to the first of the following
month. Thereafter, pa mgnt will be due and payable or+~ie""irct~at.eacl'>"aEtd-iety.m`"~eak4t. In the event Customer does not pay for the
above service by the ~~' P-ef•eaoYlrmetKft, a late fee of $10.00 plus tax will be imposed by Provider. In the event service is not paid for
by the }t)`G o~Yh~-~'e»Ek, service will be suspended and a $25.00 fee will be charged for reconnection. If account is not paid in full, all
equipment will be removed from the above captioned premises, customer will be billed for the remainder of the term of the contract,
and all legal remedies will be taken to collect said delinquent amount, unless other agreement is made with Provider to pay for said
services. Credit cards, debit cards and ACH bank drafring are available. Payments should be mailed to the following address:
Bee Creek Communications, Inc.
P. O. Box 1757
Fredericksburg, Texas 78624 Telephone 1-830-990-1258
SERVICE PROVIDED: Provider herein will install equipment allowing Customer [o connect to wireless Internet services. Said
service will be formatted to said Customer's needs and [he price set will be agreed upon in advance of this contract being signed. See
attached "Exhibit "A" or "Exhibit A-1"setting the parameters of the service being provided. The service may not be used to engage in
any conduct that interferes with Provider's ability to provide service to others, including [he use of excessive bandwidth. Provider will
install a demarcation for Customer's equipment. Any and all hardware/software beyond the demarcation is the responsibility of the
Customer. For additional fees Provider will install and configure said hardware/software beyondxhe demarcation point. Provider
will warrantee additional services for a period of 30 days. Customer is responsible for hardware replacement and software upgrades.
This service is being provided only for legal access to Internet. Immediate termination will occur if Customer is found to be using
Internet access for illegal activities such as fraud, child pornography, hacking, a-mail spamming, chain lettering, distribution of
viruses, and unauthorized use of software and/or network trespassing. For additional information that will lead to termination of this
agreement see Terms of Service (attached) and as found at beecreeknet,.
INDEMNIFICATION: Customer shall indemnify and hold harmless Bee Creek Communications, Inc. from and against any loss,
cost, claim, liability, damage or expense (including court costs and reasonable attorney's fee incurred by Provider in the defense of
such claims) suffered or incurred by third parties, relating to the use of the Service by Customer, User,(user herein shall mean agents
and employees of Customer, and all other persons who have access to the equipment to obtain wireless Internet services, or any of
[heir personnel) whether or not Customer or User has knowledge of or has authorized such access or use, including, without limitation,
claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Customer has used, connected, or
combined the Service with the products or services of others) negligence, or tortuous behavior. Customer agrees to indemnify and
hold harmless Bee Creek Communications, Inc., along with any parties with whom Provider is associated, from any claims resulting
from the use of this service by Customer or its Users that damage another party or violate the law1 rc rrK {:-x ~~,UI ra:,c~,~E- ~ ~•, ~r~.+
CUSTOMER RESPONSIBILITY: Customer and its Users shall comply with the terms and conditions of this Agreement and the
Terms ojSerriee attached hereto. Any access to gther networks connected to Bee Creek Communications, Inc. network must comply
with the rules of the other networks.
SITE MAINTENANCE: Customer will have labor charges imposed for loss of service not in control of Provider, if Provider has to
visit location Examples: hard drive reformats, network device outages, new computer installation, wireless radio reboots, any and all
network related problems, any and all hardware and/or software installation or application problems.
SET-UP CHARGES: Customer herein agrees to pay Provider herein the sum of ~ ,?z 1_L'a+~ Dollars fora one-
time non-refundable set up fee. This fee is for installation of equipment and connection to Internet connections. This fee is to be paid
prior to any contract for services or any other agreements between the parties herein listed.
SIGNED AND ACCEPTED THIS ~~ DAY O~/'- , 200
BEE CREEK COMMUNICATIONS, INC. CUSTOMER SIGNATURE:
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Print Name Print Name ,~
I have also read & agree to the TERMS OF SERVICE agreement as printed on back
1 ~ Customer signature
SERVICE AGREEMENT -revised Moy 2005
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Terms of Service
The terms of use below are set guidelines for BEE CREEK COMMUNICATIONS, INC. networks. Violation (s) will
result in immediate cancellation of service.
Hereafter BEE CREEK COMMUNICATIONS, INC. will be referred to as simply Bee Creek. Users herein shall mean
agents and employees of Customer, and all other persons who have access to the equipment to obtain wireless
internet services.
As an Internet Service Provider, Bee Creek will not censor any contents passing through its networks unless it is
illegal. Bee Creek will cooperate with appropriate authorities to investigate illegal activity.
Secu~: Bee Creek internet service may not be used to breach or attempt to breach the security, the computer, the
software or the data of any person or entity.
Computer Software: Virus distribution, hacking, spanning, chain lettering, network trespassing, any unauthorized
use of software, information, email forgery, hacking, scanning, and any other harmful or illegal act or action to da with
such is prohibited. The service may not be used to engage or foster any consumer fraud such as illegal gambling,
Pyramid, or other investment schemes, or other means, items or services originating from your account, or through a
third party which implicates your account or to post or transmit off-topic or commercial messages on bulletin boards.
Likewise, you may not engage in any of these activities using the service of another ISP, while channeling such
activities through your Bee Creek account as a mail drop for responses. The service may not be used to engage in
any conduct that interteres with Provider's ability to provide service to others, including the use of excessive
bandwidth.
IP Addresses: Bee Creek will provide ONE static IP Address per basic package purchased. Any User of the Bee
Creek service may not use an IP address not assigned to you, forge any TCP/IP packet header or any part of the
header information in an a-mail or newsgroup posting or probe, scan or test the vulnerability of any system or network
by the use of sniffers, SNMP tools or any other method. Additional IP addresses may be issued with the purchase of
the larger commercial/business packages.
Egui~ment, Software, Third, Parties: Customers agree to not damage Bee Creek equipment or any other network's
equipment. This agreement includes damage caused by Viruses, Trojans, Spyware, Adware and other Malicious
Programs and P2P file sharing software. Any connection to other networks must be accompanied by direct
understanding of their terms of use and policies as well as BEE CREEK COMMUNICATIONS, INC. policies. In the
event that Bee Creek receives notification from any third parties that Users are misusing or not complying with any
and all guidelines, terms of use, and/or policies, suspension and possible termination will be enforced. Any third party
software stolen, hacked, or used in any unauthorized way will result in criminal prosecution.
Child Pornograohv: Any person under the age of eighteen years is deemed a child. The internet service may not be
used to upload, post, transmit or otherwise make available any content that violates child pornography statutes or
contains graphic visual depictions of sexual acts or sexually explicit conduct involving children, or other depictions of
children, the primary appeal of which is prurient.
Other Users: Customer and its Users may not harass, harm, annoy, abuse, threaten, or impersonate other Users
over the internet. Profane or foul language or expressions will not be allowed. If such action occurs, termination will
be immediate and criminal charges may be filed. This is for the security of our own Users and other network users.
Offensive or Harmful Information: Please be aware that the Internet may host material that is deemed unfit for
viewers under the age of eighteen. Certain sites contain pictures and information that are considered harmful in
nature and obscene. Customers and its Users are responsible for monitoring the viewing habits of minors. We have
links to software that you may download to ensure children are safe from such sites.
Contents of Information: Bee Creek takes no responsibility for contents passed through our networks. Any
misleading wordings of any kind, quality, explicitness, and or false representations are not under any warranties
whatsoever.
Limitation of Liability: Bee Creek shall not be held liable for interruption of service caused by failure of equipment,
servers, and/or servers by third parties, communication failures, power outages, or any other causes not in the control
of Bee Creek. Bee Creek will not be liable for loss of profits, loss of business, loss of use, and/or loss of business
appoAunities. Bee Creek will not warrant any equipment if the damage is due to weather (i.e.: lightning), normal wear,
tear and abuse, or any type of intentional damage, etc.
Virus Protection: Although Bee Creek does filter for viruses on our E-mail servers; the customer is ultimately
responsible for providing virus protection on their own system. Bee Creek is not responsible for virus infections.
If it is discovered that a customer has a virus in their system which can affect the Bee Creek network, Bee Creek will
immediately separate that system from the network until the customer eliminates the virus.
Atmospheric Conditions: From time to time the `Bee Creek network may be affected by weather which is beyond our
control and is considered an act of God.
Residential vs. Cogtmercial Pricinq: The service is provided to you for your personal, non-commercial use, unless
you have subscribed to a Business package. The residential service cannot be used for any enterprise purpose
whatsoever whether or not the enterprise is directed toward making a profit. If you are operating/performing business
transactions from your home, and/or are paying for service with a business check, or corporate credit card, your
account will be changed'to amfi dharged a business package. Business accounts are given priority during outage
situations and have ifp-load speeds that are twice as fast as the same size residential package.
I have read and agree to the TERMS OF SERVICE as described above. _„_{ ~~`~'~w~.~
Customer srgr~`iature/ U - L3 `c:7 G '"~
Date
Terms of Service -revised May 2005
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Kerr County GOUThouse
Attn: Gheryl
Main St, ~pOn' 122
700 7so2a
KerNille TX
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