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Exhibit 3
[LETTERHEAD]
SERVICE AGREEMENT
Customer Information:
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Name:__________________________ Distributor/Reference ID#:__________________________
Address:_______________________________________________________________________________
City:_______________________ State:_______________ Zip Code:_______________________
Service Information:
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Serial Number:___________________ EID Number: _______________________________________
IP Assigned:_____________________ DNS Assigned:______________________________________
Side Preference: Side A Side B Comp. Server Assigned:_____________________________
CDPD Provider:___________________
Email Addresses assigned:________@xxxxxxxxxxxx.xxx Incoming Server(POP):xxxxxxxxxxxx.xxx
________@xxxxxxxxxxxx.xxx Outgoing Server(SMTP):xxxxxxxxxxxx.xxx
Email Password: ____________________________________________
Payment Option:
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Circle One:
Yearly: $419.40 Monthly: $34.95/month Proration will apply for a partial month
BILLING SERVICE INFORMATION IF PAYING BY THE MONTH
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SETUP AND FIRST MONTH PAYMENT:
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**Setup Fee: $34.95 (setup fee is NON REFUNDABLE)
First Month: $34.95
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Total: $69.90
Payment Method (Circle One): VISA MasterCard Discover *Check *Money Order
CREDIT CARD INFORMATION:
NAME ON CARD:__________________________________________________________________________
Card Number:_____________________________________________ Exp:_______________________
Card Holder Signature:___________________________________ Date:______________________
*If paying by check, cash, or money order please enclose payment with this form
and mail it to AlphaCom within 10 days to avoid service interruption.
**Setup fee includes: setting up of 2 email accounts, web space area, and CDPD
activation. SETUP FEE IS NOT REFUNDABLE.
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Monthly Payment Authorization for $34.95 if by Credit Card:
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Card Type: MasterCard Visa Discover
Name On Card:_____________________________________________
Card Number:______________________________________________ Exp:________________
By signing this agreement you hereby authorize AlphaCom to debit your credit
card in the amount of $34.95 on a monthly basis starting the first business day
after one month of the initialization. This authority is to remain in effect
until revoked in writing at least 10 business days prior to next billing date.
This payment is for monthly service and maybe subject to change.
Cardholders Signature:____________________________________
Billing Service Information if Paying By the Year
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Setup and 1 Year Service Payment:
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**Setup Fee $ 34.95 (Setup Fee is NON REFUNDABLE)
First Year: $419.40
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Total: $454.35
Payment Method (Circle One): VISA MasterCard Discover *Check *Money Order
Credit card Information:
Name On Card:___________________________________________________________________
Card Number: ______________________________________________ Exp:______________
Card Holder Signature:_____________________________________ Date:_____________
*If paying by check, cash, or money order please enclose payment with this form
and mail it to AlphaCom within 10 days to avoid service interruption.
**Setup fee includes: setting up of 2 email accounts, web space area, and CDPD
activation.
Return Policy
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RIGHT TO RETURN GOODS OR MERCHANDISE - YOU MAY RETURN THE GOODS AND MERCHANDISE
TO SELLER FOR ANY REASON DURING THE FIRST TEN (10) DAYS AFTER THE DATE OF
SHIPMENT FOR A FULL REFUND OR CREDIT, PROVIDED THE GOODS AND MERCHANDISE ARE IN
GOOD WORKING ORDER AND REPAIR AND YOU HAVE FIRST OBTAINED A RETURN MERCHANDISE
AUTHORIZATION NUMBER (RMA) FROM SELLER. FREIGHT CHARGES ARE NOT REFUNDABLE. TO
OBTAIN A RMA YOU MUST CONTACT SELLER BY TELEPHONE OR E-MAIL WITHIN SAID 10 DAY
PERIOD. THE GOODS AND MERCHANDISE MUST BE PROMPTLY RETURNED IN THE ORIGINAL
PACKAGING. RETURNS AFTER 10 DAYS BUT BEFORE THIRTY (30) DAYS FROM SHIPMENT ARE
SUBJECT TO RESTOCKING FEE OF 40% OF THE INVOICE AMOUNT. NO RETURNS WILL BE
ACCEPTED WITHOUT AN RMA.
Cancellation of Service
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If for any reason you wish to cancel your service, please contact AlphaCom
directly. Customer is responsible for payment of service from activation date
until date of cancellation.
Acceptable Use Policy
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I have read the terms of the acceptable use policy in this form and am aware
that violating terms in the acceptable use policy may result in termination of
service.
__________________________
Customers Signature
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ALPHACOM SERVICE AGREEMENT AND ACCEPTANCE CRITERIA
All provisions of AlphaCom Service Agreement apply to all of the Customer's
Accounts billed to the Customer. The benefits of or rights conferred by this
Agreement are nontransferable. Use of AlphaCom accounts is expressly limited to
the individual or business whose name appears on the account and dependents of
the account holder living at the same address. AlphaCom reserves the right to
change, without notice, its Service, including, but not limited to access
procedures, hours of operation, menu structures, commands, documents, vendors
and services offered. Telco service charges may be billed separately and are
subject to change. Customer shall be deemed to have assented to the terms
hereof, whether or not previously received, upon accepting delivery of any
service or equipment.
PROPRIETARY RIGHTS
Customer acknowledges that AlphaCom provides a certain Internet access and data
services ("Services") to Customer and that the Services contain trade secrets
belonging to AlphaCom. Trade secrets include, without limitation, the source
code, system design and specifications, programming sequences, algorithms, flow
charts and formats pertaining to the Services. Customer agrees to protect the
Services against any unauthorized or unlawful use, disclosure, dissemination or
copying. Customer agrees not to provide, lease, lend, use or otherwise allow
third parties to use the Services for their benefit. Customer further agrees it
will not allow third parties to modify, incorporate into or create a derivative
work of any part of AlphaCom Services.
TERMS AND CREDIT
Xxxxxxxx agrees to pay AlphaCom all charges relating to the use of Xxxxxxxx's
account(s) according to fees stated on invoices. FEES ARE CHARGED TO A CREDIT
CARD MONTHLY AND PAYMENT IS DUE UPON RECEIPT OF INVOICE. AlphaCom reserves the
right to vary charges or limit the amount or duration of credit to be allowed to
the Customer. Returned checks or insufficient funds on credit cards are subject
to service interruption. Service interruption does not relieve Customer from
obligation to pay unpaid account balance. In the event of Customer's default in
payment, Customer shall be responsible for all-reasonable cost and expenses
incurred by AlphaCom in collection of any sums owing by Customer (including
reasonable attorney's fees).
TAXES
Customer shall be responsible for all present and future federal, state,
municipal or other government sales, use, excise, value added or other
applicable taxes to the price, sales or delivery of any Services provided to the
Customer
ACCEPTABLE AND LAWFUL USE
Customer agrees to use Service in a manner consistent with any and all
applicable laws. Customer agrees to follow the Acceptable Use Policy of any
network user or provider with whom it connects. Any access to any networks
through AlphaCom's network must comply with the ruled appropriate for that
network. Customer may not perform activities harmful to AlphaCom or its
Customers, employees, vendors, business relationships or any other user of the
network. Customers agree to comply with obscenity laws of the United States and
any applicable local jurisdictions.
SECURITY
Customer is responsible for all use of Customer account(s) and confidentiality
of password(s). All information given to AlphaCom during the course of this
agreement shall be considered confidential. AlphaCom is not responsible for
Customer's personal files residing on AlphaCom's equipment. Customer agrees to
maintain security procedures in a manner so as to preclude reasonably
unauthorized persons from having access to business records and data and to
further ensure that all transmissions are authorized.
LIMITED WARRANTY AND LIABILITY
Data services are provided by AlphaCom on an as is, as available basis. AlphaCom
disclaims all warranties, representations and statements, expressed or implied,
statutory or otherwise, including, without
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limitation, any implied warranties of merchantability or fitness for a
particular purpose. In no event shall AlphaCom be liable for any indirect,
special, consequential, or incidental damages, however caused, including,
without limitation, any damages arising out of the use of Services, delays in
delivery or repair, loss of the Services, or damage to any documents or other
property. Further, AlphaCom shall not liable for any incidental, consequential,
indirect or special damages arising or resulting from any delay, omission or
error in the electronic transmission or receipt of any order or contract
pursuant to this agreement. AlphaCom shall not be liable for any failure to
perform its obligations where such failure results from any cause beyond
AlphaCom's control, including, without limitation, mechanical, electronic or
communications failure or degradation that prevents such party form transmitting
or receiving orders or contracts. Customer agrees to immediately notify AlphaCom
if any transmission information is received in an unintelligible or garbled
form. Customer agrees to hold AlphaCom harmless for any and all damages caused
to Customer in any manner whatsoever, if such damage is a result of a computer
virus or the like, contracted by the Customer during the time the Customer is
connected to AlphaCom's database, network, systems or during any electronic
transmission of any information between the Customer and AlphaCom Internet.
VALID ENFORCEABILITY
The terms conditions hereof are binding on the parties whether transmitted
between the parties in paper format or electronically. In the case of an
electronic transmission, the parties agree not to contest the validity or
enforceability of those terms and conditions under the provisions of any
applicable law relating to whether certain Agreements are to be in writing or
signed by the party to be bound thereby. If introduced as evidence in paper
format in any judicial, arbitration, mediation or administration proceeding,
both parties agree that the terms and conditions hereof will be admissible
against either party to the same extent and with the same force as other
documents originated and maintained in paper format.
SEVERABILITY
In the event that any provision hereof is found invalid or unenforceable
pursuant to judicial decree or decision, the remainder of this agreement shall
remain enforceable according to its terms. WITHOUT LIMITATION OF THE FOREGOING,
IT IS EXPRESSLEY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS
AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES
OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. FURTHER, IT IS
EXPRESSLEY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS
DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL OTHER LIMITATIONS OF
LIABILITY AND EXCLUSIONISM OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL
FORCE AND EFFECT. 8/12/98
