Contract for Powerhouse Internet Services

THIS CONTRACT, is made and entered into on this ______ day of ________, 20___, by and between Panora Cooperative Telephone Association, Inc. of Panora, Guthrie County, Iowa (hereinafter referred to as “Provider”) and “Customer” hereinafter identified.

Witnesseth:

1. Provider hereby agrees to provide Powerhouse Internet Access Service (hereinafter “Service”) to Customer upon the terms and provisions hereinafter provided.
2. Customer hereby selects (by indication with his/her initials and date) one of the following options for Powerhouse service:

_____ Customer hereby agrees to pay to Provider the sum of $49.95 per month, for a minimum term of 24 months beginning on ________________. Said monthly fee is billed on the first of each month, and due and payable on the 20th day of each month. In addition to providing service, Provider will give to Customer, free of charge to Customer, the Elastic Networks’ modem and filters.

_____ Customer hereby agrees to pay to Provider the sum of $49.95 per month, for a minimum term of 12 months beginning on ______________. Said monthly fee is

billed on the first of each month, and due and payable on the 20th day of each month. In addition to providing service, Provider will sell to Customer the Elastic Networks’ modem and filters for a one-time fee of $99.95.

_____ Customer hereby agrees to pay to Provider the sum of $49.95 per month,beginning on ______________. The monthly fee is billed on the first of each month, and due and payable on the 20th day of each month. In addition to providing service, Provider will sell to Customer the Elastic Networks’ modem for a one-time fee of $199.95.

1. Customer agrees to pay a one time activation fee of $99.95, collected on the signing of this contract (Waived if 24 month agreement is chosen. If discontinue Powerhouse before 24 months, modem to be returned to Panora Telephone and the $99.95 activation fee will be assessed.)
2. In the event Customer disconnects from Provider or otherwise terminates this contract before the expiration of the minimum term set forth in Paragraph 2 above, the Customer hereby agrees to pay to Provider $199.95 if under a 24 month agreement, or $99.95 if under a 12 month agreement. Customer may return the modem and filters in working order (during the minimum term) in lieu of the cash payment. After the completion of the minimum term, Customer may terminate service by giving notice to Provider.
3. The hardware furnished hereunder is warranted to be free from defects in material and workmanship for a period of 12 months from date of installation. Provider will, at Provider’s expense and option, either repair or replace the defective equipment hardware provided that Customer has notified Provider and upon inspection, Provider has found such hardware to be defective and covered by this limited warranty. The Customer’s sole and exclusive remedy hereunder will be limited to repair or replacement. If Customer requires warranty service other than during Provider’s normal business hours, such service will be provided on a best effort basis, at Provider’s then current hourly rates and terms for service outside normal business hours.

Provider will not honor this limited warranty where hardware has been subjected to physical abuse or used with defective or noncompatible equipment, or where damage occurs due to acts of God, including but not limited to lightning or other forms of power fluctuations.

The limited warranty set forth here is in lieu of all other warranties, express or implied including without limitation any warranties of merchantability or fitness for a particular purpose. In no event shall provider be liable for any direct, indirect, incidental or consequential damages resulting from any defect in the hardware even if Provider has been advised of the possibility of such damages.

1. In the event of default of payment of amounts due by Customer to Provider, Provider may terminate service at any time thereafter, including during the minimum term provided for in Paragraph 2 above.
2. Should Customer fail or refuse to carry out the terms of this Contract, or to make payments specified herein, this Contract may be terminated by Provider and Provider may initiate legal proceeding to enforce this Contract, including collection of amounts owed. Customer shall pay any and all legal fees and costs, including reasonable attorney’s fees, incurred by Provider in the enforcement of this Contract. Interest on unpaid amounts shall accrue from the date owed at the legal rate as provided by Iowa law. Customer waives any requirement for Notice and Demand of unpaid amounts owed.

This Contract shall be governed by the laws of the State of Iowa and any action to enforce this Contract shall be commenced and conducted in Guthrie County, Iowa. Customer hereby consents to the jurisdiction of the Guthrie County, Iowa, Circuit Court.

ACCEPTED:

CUSTOMER (S)_________________________

Address __________________________________________________

Date _______________

PANORA TELCO

POWERHOUSE INTERNET ACCESS AGREEMENT

Terms and Conditions  

1. Guthrie Center Communications, Inc.(herein after referred to as “Panora Telco)” exercises no control whatsoever over the content of the information passing through it’s network. Panora Telco makes no warranties of any kind, whether express or implied, for the service it is providing. Panora Telco also disclaims any warranty of merchantability or fitness for a particular purpose. Panora Telco will not be responsible for any damage you may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Panora Telco’s network is at your own risk. Panora Telco specifically denies any responsibility for the accuracy or quality of information through its services.
2. Panora Telco’s network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to; copyrighted material, material judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Panora Telco from any claims resulting from your use of the service or the use of the service by any of your customers or others throughout your chain of distribution, including end users, which damages another party.
3. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 20 days after date of invoice. If your payment is returned to us unpaid, you are immediately in default and subject to a returned check charge of $5 from us. Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. A reconnect fee of $40 will be charged to restore service to interrupted accounts for nonpayment. If you default, you agree to pay Panora Telco its reasonable expenses, including attorney and collection fees, incurred in enforcing its rights under these Terms and Conditions.
4. Billing for your Panora Telco service will normally commence when the connection from the Panora Telco hub is completed to your site and packets can be passed. However, in certain circumstances billing may occur when a Panora Telco hub and functioning telephone circuit are prepared to route IP packets to your site. Panora Telco reserves the right to change the rates by notifying you 30 days in advance of the effective date of the change..
5. The service point at which Panora Telco provisioned network facilities meets your provisioned network facilities shall constitute the Panora Telco service demarcation point. All network and equipment beyond the Panora Telco service demarcation point, including your customer networks and facilities, is your sole responsibility.
6. Without the prior written consent of the other party, which shall not be unreasonably withheld, neither party may assign the Agreement or the performance of its obligations under this agreement.
7. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Iowa applicable to contracts to be performed entirely with the State except as otherwise expressly provided in this Agreement.
8. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Panora Telco’s network constitutes acceptance of these Terms and Conditions.