Nationwide DSL Service Agreement

You may print out the agreement, sign and fax it to us at 908-722-5517, or call us at 1-888-932-4736 to request a copy. Your order will not be processed until we receive your signed agreement and a deposit.

By signing this form, you’re agreeing to the attached Service Agreement. Please read that Agreement. The Service Agreement sets your and our rights concerning payments, credits, changes, starting and ending service, early termination fee, liability limitations, settlement of disputes by neutral arbitration instead of jury trials and class action, and other important topics. By signing this form you’re also authorizing us to investigate your credit history at any time and share credit information about you with credit reporting agencies. We can also contact your company if you’re signing on behalf of a company. By signing this form you’re representing that all information is true and accurate, and you understand we’re relying on that information. _________________________________________________________

Name (Please Print):

Company Name:

Contract Circuit Speed:

Monthly Service Fee:

Deposit  :

Contract Term : One Year

Signature  :

Date :

_________________________________________________________

Your Agreement

Your agreement for service with Web Express begins upon
signing the agreement. Billing begins when the service is installed.

Your Service Charges

Your Monthly Recurring Charge(MRC) and one time service
charge are part of your agreement with WebEx. Your MRC will also include federal, state, and (where applicable) local taxes. Unless otherwise specified in advance, your MRC is due one month in advance and charged automatically to your credit card on the first of every month.

Agreement Term and Early Termination

Your contract term will be indicated in this agreement. If you cancel during this term, an early termination fee will be $500.00in the initial term. At the end of your initial term, your agreement will convert to a month-to-month term.

Dispute Resolution and Independent Arbitration

Most customer concerns can be resolved through our Customer Service Department. However, if you have an issue which cannot be resolved without third party intervention, WebEx will arbitrate with you. This means that all customer disputes will be resolved through arbitration, not through judge or jury.

Service Agreement

This Agreement between you and Web Express Inc. (“WebEx”), sets forth our mutual understandings and agreements relating to the provision of Web Ex products and services to you. If you have any questions or need to contact us regarding our service, please telephone the Web Express Customer Service Center at 1-888-932-4736.

1. Service Plan. Upon signing this Agreement, WebEx may conduct a credit check, and you are required to provide a standard deposit equaling your monthly rate. We retain the right to apply this deposit against any amounts you may owe under this agreement. You cannot use your deposit to pay any bill unless we previously agree. If your payment is late, we’ll charge you a late payment fee of up to 1.5% per month (an 18% annual rate) on balances that remain unpaid.

2. Customer Support. You will have direct access to Rhythms Network Operations Center, WebEx's DSL network provider, 24 hours per day.
The Rhythms Network Operations Center will support all Rhythms' service and equipment and the network access-related software installed by Rhythms or its authorized representatives on your computer(s) running DOS, Windows 3.1, Windows 3.11, Windows 95, Windows NT 3.5.1, Service Pack 5, Windows NT 4.0, Service Pack 3, IBM OS/2 Warp 4, PC-UNIX (most systems), UNIX (most systems), or Macintosh System 7.5.3 and later, and Macintosh OS 8. In the event of any failure of Rhythms components at your premises location, Rhythms will detect that failure at its Network Operations Center, and will contact you to arrange to effect appropriate corrective action, including the possible repair or replacement of your modem or Network Interface Card. Rhythms personnel or its authorized representatives will install, configure, and test the repaired or replacement equipment at no charge to you as long as you have complied with your obligations regarding the Rhythms' equipment.

3. Installation. Rhythms will need to install certain equipment and software (including perhaps an Interface Card) into your computer system to connect you to the Rhythms/WebEx Network. You agree that you will not abuse or otherwise damage the equipment while they are in your possession, that you will operate the equipment according to manufacturer specifications. There may be initial set-up and installation charges associated with connecting you to the Rhythms/WebEx Network at your premises location, and these charges may vary depending on many factors, including, without limitation, upon the contract option for term of service, where your computer is located, the type of computer and other systems you employ. When you are available to have Rhythms complete the installation and testing. In connection with the installation, testing or subsequent service relating to your connection with the Rhythms/WebEx Network, it will be necessary for Rhythms personnel or its authorized representatives to insert certain software in your computer and possibly reconfigure some aspects of your computer system. It is possible that such activities might inadvertently result in the loss of certain programming on your computer system that could be important to you, and you hereby agree that it is your responsibility to make appropriate arrangements to prepare diskettes of all such important information prior to the installation, testing or service. You hereby agree that neither Rhythms nor the authorized Rhythms Installers will be responsible in any manner for any loss of, or damage to, any information or programming on your computer system or any breach or violation of any manufacturer’s or other warranty relating to your computer or any elements included in your computer system which may occur as a result of any installation, testing or later service conducted by Rhythms or the authorized Rhythms Installers you have requested with respect to Rhythms components or other equipment or programming.

4. Term; Early Termination Charges. This Agreement lasts for the initial term of one year. If you complete that term, you will then become a month-to-month customer under this Agreement unless you agree to a new initial term. When you are a month-to-month customer, you can end this Agreement at any time by just giving us notice, and we can do the same.
If you end your service for any reason (except as expressly permitted in this Agreement) before the end of the term, you will be charged an early termination fee equal to $50.00 for each remaining month in the initial term (not to exceed $1,000.00). Notwithstanding the termination of this Agreement, the provisions set forth in Paragraphs 6, 7, 8 and 10 of this Agreement will continue to govern our and your conduct after the end of this Agreement.

5. Use of Services; Rights to Restrict, Interrupt or End Service or this Agreement. Rhythms is providing products and services solely for your personal or internal business use as an end user, and you will be solely responsible for the content of any transmissions over the Rhythms/WebEx Network from your premises location. You agree to use Rhythms services in a manner that conforms with the terms of this Agreement, and you agree not to (a) attempt to gain unauthorized access to any other system or network, or (b) interfere or disrupt other End Users, Network Operations
or Network equipment of Rhythms or any of its affiliates. You also agree not to (1) propagate computer viruses or other harmful code or data or
(2) impersonate any person using forged headers or other identifying information (provided, however, that the use of anonymous remailers and nicknames is allowed). You hereby warrant that you will not infringe the copyright, trademark, or other intellectual property rights of any other person or entity through the use of the Rhythms/WebEx Network or services, and that you will not use the Rhythms/WebEx Network or services to defame, cause an invasion of privacy or otherwise violate the right of any person or entity, or violate any local, state, federal, or international statute, regulation or treaty. The transfer of certain technical data and software across national boundaries (including the electronic transmission thereof) is regulated by the federal government. You agree not to, directly or indirectly, export or re-export (including by electronic transmission ) any regulated technical data or software without first obtaining any required export license or governmental approval and otherwise complying with all governmental rules and regulations applicable to that activity. To maintain or improve Rhythms/WebEx service or the Rhythms/WebEx Network, to prevent fraud or for other business reasons, we can restrict, interrupt or modify your service without notice, but, with respect to each interruption, restriction or modification, Rhythms/WebEx will promptly seek to resolve any situation or condition that has caused an interruption in service to the extent that the fault involves the Rhythms/WebEx Network or its equipment. WE CAN RESTRICT OR END YOUR SERVICE OR THIS AGREEMENT WITHOUT NOTICE if you:
(a) carry past due balances;
(b) incur charges larger than any required deposit (even if we haven’t yet billed them);
(c) exceed any credit limit;
(d) make a false statement to us;
(e) interfere with our customer service or any other business operations;
(f) become insolvent or go bankrupt; or
(g) breach any part of this Agreement. We also reserve the right to do so if (i) we believe that our service is being misused or used by anyone for unlawful activity, or (ii) the use of our service in your premises location adversely affects Rhythms/WebEx service to other customers.

6. Mutual Waivers and Limitations of Liability. By entering into this Agreement, you and we are waiving important rights. You agree our maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, negligence, or products liability) is limited to a refund or rebate of charges you have paid or owe to us. We agree your maximum liability to us under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, negligence, or products liability) is limited to charges you owe us, any actual damages you cause to our business or property, and any damages collected from us by a third party arising out of your use of our products or services. Neither of us can recover
(a) punitive damages; (b) treble, consequential, indirect, or special damages including lost profits); or (c) attorney’s fees. You and we agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited above. You and we also agree not to make, and to waive to the fullest extent allowed by law, any claim for equitable relief, other than to protect any patents, copyrights, trademarks, or other trade secrets or proprietary information, or to prevent abusive, fraudulent or illegal use of our products or service. You agree to indemnify us for any claims by third parties against us arising out of your use of our products or service. We aren’t liable to you for any interrupted service or problems caused by or contributed to (i) by you; (ii) by any third party; (iii) by network congestion, atmospheric conditions or other things we don’t control; or (iv) by any act of God or natural disaster. Rhythms/WebEx shall not be liable for any claim by or against you arising out of or related to (i) alteration, theft or destruction of your computer programs, information, data files, procedures or other property, (ii) any losses or damages you may suffer in connection with your use or inability to use Rhythms' products or services, or (iii) any data, materials or other information transmitted or received by or to you or your intended recipient that are lost or improperly intercepted via the Internet.

7. Independent Arbitration. Instead of suing in court, you are agreeing to arbitrate disputes arising out of or related to this or prior Agreements. Arbitration isn’t the same as court. The rules are different and there’s no judge and jury. You and we are also waiving rights to participate in class actions. Please read the following carefully.

You and we each agree that, to the fullest extent provided by law:

(a) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO ANY PRIOR AGREEMENT FOR WEBEX SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH PRIOR AGREEMENT, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ARBITRATION RULES APPLICABLE TO OUR INDUSTRY;

(b) Even if applicable law permits class actions or class arbitrations, you waive any right to pursue on a class basis any such controversy or claim against us, or any of our affiliates or predecessors in interest, and we waive any right to pursue on a class basis any such controversy or claim against you. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom aren’t required to arbitrate, the claims subject to arbitration must be severed;

(c) No arbitrator has authority to award relief in excess of what this Agreement provides, or to order consolidation or class arbitration, except that an arbitrator deciding a claim arising out of or relating to a prior agreement may grant as much substantive relief on a non-class basis as such prior agreement would permit. NO MATTER WHAT ELSE THIS AGREEMENT SAYS, IT DOESN’T AFFECT THE SUBSTANCE OR AMOUNT OF ANY CLAIM YOU MAY ALREADY HAVE AGAINST US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST PRIOR TO THIS AGREEMENT. THIS AGREEMENT JUST REQUIRES YOU TO ARBITRATE SUCH CLAIMS ON AN INDIVIDUAL BASIS. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations and will decide whether an issue is arbitrable or not. In a Large/Complex Case arbitration, the arbitrators must also apply the Federal Rules of Evidence and the losing party may have the award reviewed by a review panel of 3 arbitrators;

(d) If for some reason these arbitration requirements don’t apply, you and we each waive, to the fullest extent allowed by law, any trial by jury. A judge will hear and decide any dispute instead; and

(e) No matter what else this Agreement says, it doesn’t apply to or affect the rights in a certified class action of a member or a certified class who first receives this Agreement after his class has been certified, or the rights in an action of a named plaintiff who first receives this Agreement while his actions are pending, although it does apply to other actions, controversies, or claims involving such persons.

8. Our Rights to Make Changes. All products and services we provide are subject to our business policies, practices, and procedures, which we can change at any time and from time to time in our sole discretion without notice to you. WE CAN ALSO CHANGE THE TERMS UPON WHICH WE PROVIDE PRODUCTS AND SERVICES AND THE TERMS OF THIS AGREEMENT AT ANY TIME BY GIVING YOU WRITTEN NOTICE PRIOR TO THE TIME THE CHANGES WOULD GO INTO EFFECT. IF ANY CHANGES ADVERSELY AFFECT YOUR RATES OR SERVICES IN ANY MATERIAL WAY, YOUR RIGHT TO TERMINATE THIS AGREEMENT WITHOUT ANY EARLY TERMINATION FEE (AS DESCRIBED EARLIER) IS YOUR ONLY REMEDY. If you chose to continue to use our products or services after receiving notice of any changes, those changes will apply to you after the date you receive the notice and will be reflected in the next billing period.

9. Information About You. If you want, we won’t share information we obtain from you while you’re our customer with unrelated third parties (except credit agencies or as required by law). Just tell us in writing.

10. About this Agreement. If either of us waives any part of this Agreement in one instance, that won’t be a waiver of any other provision or any other instance. We may assign all or part of this Agreement without notice, and you agree to comply with the terms of any such assignment as instructed by us. (Assignment will release us from all liability for the rights and duties involved.) You can’t assign any part of this Agreement or any of your rights or duties without our prior written consent. All written notices are considered delivered to you when mailed to the billing address we have on file for you at the time, or to us when mailed to the Web Express Customer Service Center at 672 Route 202-206 N. Bridgewater, NJ 08807. You represent that you have the legal capacity to agree to this Agreement. If you’re ordering for a company or other entity, you’re representing that you’re authorized to bind that company or entity, and where the context requires, “you” in this Agreement shall mean that company or entity. If any part of this Agreement is held invalid, that won’t have any effect on any other part, unless your or our rights or duties are materially impaired. You can’t rely on any other document or statement by anybody, and you have no other rights with respect to our products or services or this Agreement, except as specifically provided by law or in this Agreement. This Agreement isn’t for the benefit of any third party except our affiliates and predecessors and successors in interest. It is governed by the laws of the state encompassing the area code assigned to your telephone number, without regard to the conflicts of laws rules of that state. By signing this Agreement, you are representing that all the information you have provided is true and accurate and are acknowledging that we are relying on that information. A copy or a fax of this Agreement and your signature is the same as an original.