____________________________________________ (Subscriber Name - Please Print)

and RedDawg, the Seller, Red Dawg Internet Services, a division of Customized Computer Design, 99 York St., Suite 2, Kennebunk, Me. 04043, for the purpose of establishing the terms and conditions under which Seller will provide DSL (Digital Subscriber Line Service). Red Dawg reserves the right to refuse service to anyone, anytime, for any reason.

SERVICE TO BE PROVIDED. The Seller, under the terms of this agreement will provide to Subscriber the selected application of Digital Subscriber Line Service and internet access from RedDawg. Voice telephone line monthly service and installation charges are not included in the DSL package; these charges are billed separately by your local telephone company.

DSL application/speed selected:____________________________________________________________.

TERMS OF THE AGREEMENT. This Agreement shall be in effect for an initial term of __1__3__6__12__months, commencing on ____________________ and continuing to and including __________________. At the end of this initial term, if a new term agreement is not entered into within 30 days in writing, the service will revert to a month-to-month service agreement. The monthly service charge will increase to the current rate in effect, unless prior to the end of the initial term either party notifies the other, in writing, of their intent to terminate the agreement.

CHANGES TO SERVICE. During the period of this term agreement, the Subscriber may choose to change their DSL application/speed without violating the terms of this agreement. A change fee may be required to implement the change. A move of service will be considered a disconnect and new install, and charges for new service will apply.

PAYMENT SCHEDULE. Subscriber will be billed Set-Up charges, as well as the appropriate monthly recurring charges for the DSL speed selected at the time of the first bill. RedDawg reserves the right to request payment in advance. Title to equipment purchased from RedDawg shall pass to Subscriber upon payment in full of the sale price, including all applicable taxes. Subscriber assumes the risk of loss or damage of the equipment upon delivery to Subscriber's location.

Monthly service charges are due and payable upon receipt of statement. Failure to pay monthly service charges shall give RedDawg the right, without liability, to temporarily disconnect DSL service. A returned check will be considered non-payment of the account. To restore service will require payment of any unpaid balance and a reconnect charge. If service is not reconnected within seven (7) calendar days, the DSL service will be permanently disconnected. To restore service after permanent disconnect, pre-payment of full unpaid balance, early termination charge, and new installation charges will apply.

 

EARLY TERMINATION. If Subscriber cancels/terminates service within the period of the agreed upon term for any reason, Subscriber will be subject to a termination liability charge. Cancellation/termination within months 1 through 8 will be subject to a termination liability charge of $200; cancellation/termination during the 9th to 12th months will be subject to a $100 termination liability charge. Additional charges may apply based on current promotions.

Subscribers to RedDawg DSL service who sign up during any special introductory period, and then cancel the service prior to completing the minimum 6 month term of the contract, will incur the cost of the modem provided by RedDawg, in addition to the termination charge.

Subscriber agrees to pay any reasonable attorney's fees and legal expenses incurred by Seller as a result of the Subscriber's failure to comply with the terms and conditions set forth in this agreement. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed hereunder, York County, Maine shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws of the State of Maine.

CONDITIONS OF AGREEMENT. A working telephone line is required for the delivery of DSL. If your telephone line is disconnected for any reason, the DSL service will also be disconnected and reconnect charges will be required.

CUSTOMER PROVIDED EQUIPMENT (CPE). RedDawg is not responsible for equipment purchased/installed by the Subscriber including routers, switches and hubs.

INSTALLATION. Prior to installation, Subscriber is responsible for ensuring that their computer is configured for DSL connection. RedDawg will provide/install DSL service to the modem at the Subscriber's premises at the Subscriber's request. RedDawg will provide, through a 3rd party vendor, inside wiring and jack work for an additional charge. RedDawg reserves the right to change, modify or offer special promotions for the DSL product offering.

The DSL modem provided by RedDawg is a Bridge Modem (conforms to RFC1483, RFC2516), designed to interface with a single computer. It is not a router and does not support networks. The RedDawg provided modem does not have firewall capabilities.

In the event a Subscriber installs a network utilizing the RedDawg-provided DSL modem, it is with clear understanding that RedDawg is not responsible for any problems that may occur. RedDawg will not dispatch a technician to the Subscriber's location to resolve any network-related problems.  Red Dawg can provide service for these problems through one of its affiliates at the subscribers cost.

Installation dates and times will be determined and communicated to the Subscriber. If technician is on site and Subscriber is not present, Subscriber will be charged a $45.00 "no show" fee and rescheduling may result in a delay of service.

RedDawg will not work on, or open any personal computers. Any equipment purchased from RedDawg becomes Customer Provided Equipment (CPE).

SERVICE DELIVERY. DSL minimum connection speed or "sync-rate" (128 Kbps to 1.5Mbps, depending on ADSL package chosen) is guaranteed between Subscriber location and the telephone company's central office. Connection speeds may be higher under optimal conditions. Actual data transmission or throughput may be lower than sync-rate due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by RedDawg.

SERVICE CALLS. If RedDawg is called to the Subscriber's site and it is determined that the problem is other than the DSL service and/or the DSL interface, a service fee of $100 will be charged for the first hour or any fraction thereof, and $75.00 for each additional hour increment. The stated rates apply during regular business hours, out-of-hours, weekend and holiday rates will be higher.

RedDawg-provided modem equipment will be warranted by the manufacturer. During the one-year manufacturer's warranty period, RedDawg will support the modem for problems covered by the manufacturer's warranty. Once the one-year warranty period has expired, RedDawg will no longer support problems with the DSL modem.  The DSL modem is owned by RedDawg and is provided to the customer under a lease agreement.  If the modem is not returned within 30 days after the termination of a contract the subscriber will be billed $200.00 for the cost of the modem.

DELAY. RedDawg will not be liable for any delay in the delivery or installation of digital Subscriber line service or for any damages suffered by Subscriber by reason of such delay is directly or indirectly caused by, or any manner arises from transportation delays or any other cause beyond Seller's control.

CONSEQUENTIAL DAMAGES. RedDawg is not responsible for any consequential damages resulting from failure of, or suspension of DSL services.

ATTORNEY'S FEES. If either party commences an action against the other party to force the provisions of this Agreement, the prevailing party shall be entitled to recover from the losing party, reasonable attorney's fees and cost of suit.

If any provisions of this agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof.

This contract supercedes any previous agreements, verbal or written. Periodic amendments to this agreement will be issued as warranted via e-mail.

EXECUTED this _____ day of __________ , 200____

Signature ________________________________
Subscriber

Address _________________________________

Telephone Number ________________________


Signature ________________________________