GRID Fiber Service Agreement

GRID Fiber Service Agreement

This Internet Service Agreement (this “Agreement”) is made effective upon the date of a signed proposal for GRID Fiber Internet Service from Summit Technology.

1 Inclusions

This service agreement includes and incorporates the following contracts, agreements, or policies.

• Summit Technology Master Services Agreement

2 Term of Agreement

The initial term of this Agreement shall commence on the date of the signed proposal for GRID Fiber Internet Service and continue for the length of the term specified in the signed proposal. The term of this Agreement shall automatically renew for a subsequent one-year term beginning on the day immediately following the end of the Initial Term, unless either party gives the other ninety (90) days’ prior written notice of its intent not to renew this Agreement.

3 Billing

All GRID Fiber Internet services are billed at the first of each month under the payment terms and conditions set forth in the Summit technology Master services agreement.

4 Outage or Degradation Caused by Customer

If Service Provider receives a report of a service outage or degradation and it is discovered that outage or degradation has been caused by Customer‘s recklessness, negligence, or malice, Service Provider reserves the right to invoice Customer for the cost to repair or mitigate that issue.

5 Lawful Use

Customer agrees that the Internet services shall only be used for lawful purposes. Unlawful acts, including but not limited to, hacking, DDOS attacks, spam, illegal file sharing, and all other unlawful acts shall be cause for immediate termination of the Services. Service Provider will cooperate with any local, state, or federal investigation in which a lawful subpoena is issued.

6 Network Availability

Our target for network availability is 99.9% for any given month. Network availability is determined as an average of actual circuit availability as a percent of total potential circuit availability measured monthly. Ninety-nine-point nine percent (99.9%) is also referred to in the industry as “Three Nines” and the actual acceptable downtime is reflected in the table below.

6.1 Exclusions

The following are specifically excluded from network availability metrics and targets:

• Network maintenance performed during a standard maintenance window.
• Scheduled maintenance where advance notice has been sent to Customer via email at least 36–hours in advance.
• Emergency maintenance.
• Carrier outages.

7 Monitoring

Summit Technology will monitor the Internet connection to Customer‘s location for speed, latency, and packet delivery 24/7/365. Any outage or degradation discovered will be responded to as soon as reasonably possible.

8 Summit Owned Equipment

Except for networking equipment sold to the customer as evidenced by a bill of sale all equipment supplied on customer premises by Summit Technology to provision and deliver the GRID ISP (Internet Service Provider) Internet Service remains the property of Summit Technology, LLC, or its agents. Any equipment belonging to Summit Technology that is not returned upon termination of service will be billed to Customer at full acquisition cost.

9 Assignment

Neither party may assign this Agreement to another party without the prior written consent of the other party.

10 Waiver

Any term of this Agreement may be waived at any time by the party which is entitled to the benefits thereof. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the other party.