West Sonoma County Internet Cooperative Corporation
MembershipUser
Agreement
Effective December 1, 2002
I, ___________________________________ the undersigned, agree to the Terms, Conditions, By-Laws, and Service Agreement of the West Sonoma County Internet Cooperative Corporation (Coop) and desire to become a Member of the Coop.
- I have received a copy of and have read the Coop’s By-Laws
- I have received a copy of the Coop’s Service Agreement
- I have paid the Membership Fee that entitles me to me a Member of the Coop
-
I understand that my
monthly Access Fee charge will
commence for the month following my first access to the Coop’s Network and is
payable under the terms shown in the Service Agreement.
-I understand that the
Access Fee will commence at least 30 days from my first access to the Coop’s
Network and is payable under the terms shown in the Service Agreement.
-
The Coop’s receipt of
funds from you that are applied against the membership fee due shall constitute
your agreement with the terms herein.
Signature
Date
_____________________________________________________________________________________________
Address,
City, Phone Number
_____________________________________________________________________________________________
email
Address
Coop
Copy
West Sonoma County Internet Cooperative Corporation
Membership
Agreement
I, ___________________________________
the undersigned, agree to the Terms, Conditions, By-Laws, and Service
Agreement of the West Sonoma County
Internet Cooperative Corporation (Coop) and desire to become a Member of the
Coop.
-
I have received a
copy of and have read the Coop’s By-Laws
-
I have received a
copy of the Coop’s Service Agreement
-
I have paid the
Membership Fee that entitles me to me a Member of the Coop
-
I understand that my
monthly Access Fee charge will
commence for the month following my first access to the Coop’s Network and is
payable under the terms shown in the Service Agreement.
-
The
Coop’s receipt of funds from you that are applied against the membership fee
due shall constitute your agreement with the terms herein.
Signature
Date
_____________________________________________________________________________________________
Address,
City, Phone Number
_____________________________________________________________________________________________
email
Address
Member
Copy
West
Sonoma County Internet Cooperative Corporation
Service Agreement
Effective
This Agreement is
made by and between the Western Sonoma County Internet Cooperative Corporation
(Cooperative), a cooperative
association incorporated under the laws of the State of California, and the
individual (Member) designated on the Membership Agreement.
General Agreement. You and the
Cooperative agree that our primary mutual objective under this Agreement is to
provide Internet access to you by means of shared facilities designed,
acquired, housed and maintained by the members of the Cooperative, including
yourself, acting as unpaid volunteers for all members' mutual benefit.
The General Agreement
notwithstanding the
details of this agreement are as follows:
1.
To
pay the membership and connection fees set by the Cooperative's Board of
Directors;
2.
To
provide time and expertise, to the extent practical, should it be needed, to
assist the Cooperative in meeting its goals;
3.
Member
has received a copy of and accepts the Bylaws of the Cooperative.
Service Periods. The Start of Services begins on
the day your endpoint transceiver successfully communicates, in the opinions of
the Member and the
Technical Group, with one of the
Cooperative's access points. The
service ends the last day of the
quarter in which service began and shall automatically renew for successive
quarterly terms unless otherwise cancelled.
Connections: Your immediate
connection to the wireless network is between an endpoint transceiver which you
provide at your site and an access point transceiver which may be provided
by another Member.
Depending on the location of the nearest access point, you may be required to
purchase additional equipment to support your connection. This equipment may be located at a different
physical location from your residence.
Other access points in the network, and their corresponding endpoint
transceivers, may differ considerably from yours. Your access point shall be
shared typically by many members; your residence may not only have broadband access to
the Internet but may also be a relay station that allows others in the Coop to
have broadband access.
Pursuant to the above
paragraph you may need to purchase the equipment that will enable you to
fulfill that
obligation to the Coop. The list of equipment, their estimated costs, and
suggested vendors are shown in Exhibit B, attached.
The Technical Group may revise the
Exhibit’s list from time to time.
Limitations. The
Cooperative's distribution network shall be generally planned, installed, and
maintained by the members of the Cooperative acting as unpaid volunteers.
Distribution nodes such as access points, relay points
and routers shall be generally located at and in the homes of members.
Therefore, the availability of Services is highly dependent
on volunteers: absent qualified
volunteers, whether due to vacations, happenstance, or dispositions of
individuals, outages may not be timely repaired; and equipment relocation due
to loss of equipment sites may cause extended or permanent loss of Services to
you. Degradation of established Services may be caused by obstruction of the
transmission path between your site and the access point, a clear line of sight
between access point and endpoint being necessary for reliable communication.
Extended or permanent suspension of Services may result from termination of
Internet access by the Cooperative's access provider.
Rates. Rates are determined
by the Cooperative, and are subject to change. The current non-refundable
membership fee is $50 (fifty dollars) to join the Cooperative and $35 (thirty-five dollars) per month for Internet
access. Members
are not required to have Internet access through the Coop.
The Cooperative shall notify you in writing at least thirty days before any
change in prices. In the event of a price increase, you may terminate Services
and incur no termination charges by notifying the Cooperative in writing at
least fourteen days before the effective date of the increase. Otherwise, you
are responsible for payment of fees for
the Service Period at
the new prices.
Payment Charges. You agree to pay all charges incurred,
including all applicable sales and use taxes as well as duties or levies. You are responsible for payment of
each Service
Period
whether or not Services are continuously provided
throughout the Period unless Internet
access is generally unavailable at your wireless access point for 10
consecutive days. You shall receive credit for the full interval during which
Services are unavailable. Should Services be terminated before the end of a
quarter for which prepayment has been made, the Cooperative shall refund an
amount corresponding to Service Period not received less
charges for unanticipated Services received.
Billing Cycle. You will be billed
quarterly (January, April, July, October). The billed
amount is payable on or before the beginning of the quarter. Payments are credited from the account due
date, not from the date the payment is received. A grace
period of twenty days from the due
date is given for accounts. A late charge of $10 will be charged if payment is
not received by the end of the grace period. After thirty days without payment,
the Directors may vote to suspend your membership. At the beginning of your
first Service
Period
you will receive an invoice covering the remainder of your first quarter of
Services, and if fewer than thirty days remain in the quarter ending, you will
receive an additional invoice for the quarter following. The amounts stated on
both invoices are payable in thirty days.
Invoicing. All invoicing is done
by email. Approximately thirty days prior
to the beginning of each calendar quarter, the Cooperative shall deliver an
invoice to you covering anticipated Services for the quarter beginning and
charges for unanticipated Services for the quarter ending. The invoice identifies the due date, the
amount and the address to send payments to.
Nonpayment. The
Coop is made up of your
neighbors and friends. Non payment and/or untimely
payment of your
share of the Coop’s connection cost will badly reflect your
standing with them. It is possible they will have to pick up the costs incurred due to your
nonpayment. Additionally, the Coop may take remedial action as they determine
necessary as set forth in this document and in the Coop’s
By Laws.
Ownership,
Maintenance and Replacement of Equipment. You agree to
provide, at your own expense, all necessary preparations required to comply
with the Cooperative's installation and maintenance specifications for your
site, including but not restricted to purchase, installation, and maintenance of antennas, antenna
cables, grounding provisions, endpoint transceiver, and any other equipment at
or extending from your site related to the use of Services.
Protection
of Your Site, Equipment, Data and Service. You accept all
responsibility for the installation and maintenance of any external antennas in
compliance with local electrical and building codes and in a manner which will
minimize lightning damage to any structure or equipment to which antennas or
antenna cables are attached, even if members of the Cooperative provided volunteer assistance
with installation of your equipment.
You provide, at your
expense, adequate insurance covering antennas, antenna cables, equipment
connected to external antennas, and structures which might be affected by
lightning strikes on external antennas.
You arrange backup
Internet access, at your expense, via a service provider if
you depend on Internet access.
You provide any software
or equipment which you may need, at your expense, to protect data and software
at your site against unauthorized access, theft or damage via the Cooperative's
network.
The
Coop’s Acceptable
Use Policy. Acceptable
Network Use Policy (AUP) is determined by
the Cooperative and is subject to change. The Cooperative shall notify you
in writing at least thirty days before any change in the AUP, whereupon you may
terminate services and incur no termination liability by providing the
Cooperative with a termination request in writing at least fourteen days before
the effective date of the change.
You agree to abide by
the current AUP and to not use Services
1. In violation of the
law or in aid of any unlawful act ;
2. To access, alter, or
destroy any information of another by any fraudulent means or device, or to
attempt to do so;
3. To interfere with
or disrupt other network users, network services or network equipment, whether
intentionally or not; or
4. Cause the Cooperative to
be in violation of contracts with its providers of network services.
You agree to be
solely responsible for the content of any transmissions over the Internet by
yourself and any third party who uses your facilities other than a member of
the Cooperative who has signed an independent agreement with the Cooperative to
comply with the AUP.
Relays
at Your Site. If you provide a
wireless relay or access point at your site for inclusion in the wireless
network managed by the Cooperative for the mutual benefit of its members, you agree to purchase,
install, maintain, protect, insure, and power all equipment including but not
limited to antennas, endpoint transceiver, access point transceiver, relay
transceiver, and hub or router as well as cables and whatever grounding
provisions you require.
Propagation
of Services to Others. You agree to
provide access only to members of your household and your guests in that
household.
Warranties. The
Cooperative disclaims all express and implied warranties, including the
warranties of merchantability and fitness for any particular purpose.
Obsolescence
of Equipment. The
Cooperative may from time to time upgrade its Services to comply with Internet
standards or to improve the performance, availability, maintainability or
coverage of its network. You agree that, beyond reasonable planning for orderly
migration, the Cooperative shall not be liable to you should any such upgrades
cause your equipment to become obsolescent or obsolete, require modification or
alteration, or otherwise affect the performance of equipment.
Control
of Equipment. You agree that
the Cooperative may accept network management traps
from your transceiver,
and perform exclusive network
management of your transceiver including but not limited to upgrading of
endpoint firmware and disabling of your transceiver if the Cooperative
determines that operation endpoint is disruptive to the network. Similarly, if
you provide a wireless relay or access point at your site, you also agree that
the Cooperative may exclusively manage your relay or access point.
Limitation
of Liability. The
Cooperative shall not be liable, either in contract or in tort, for damage to
you out of your use or inability to use Services or products provided
hereunder. The Cooperative shall not be liable for unauthorized access to your
transmission facilities or your premise equipment; or for unauthorized access
to or alteration, theft or destruction of your data files, programs, procedures
or information through accident, fraudulent means or devices, or any other
method, even should such access occur as a result of the Cooperative's
negligence.
Your sole remedy for non-performance
of Services under this Agreement shall be repair or replacement of Services.
You waive all other rights and remedies at law or in equity.
In no event shall the
Cooperative or its officers, agents, or members be liable under any circumstances
for any other damage including lost profits, loss of data, or special,
indirect, incidental, exemplary, or consequential damages, for any cause
whatsoever, regardless of the form of action, even if the Cooperative has been
advised of the possibility of such damages to you.
Default. If you
default, the Cooperative may terminate Services and retake possession of
Service
Equipment
(before, during or after action to recover sums hereunder), retain all payments
made hereunder, and recover charges and costs which you owe as well as any
other damages the Cooperative may have sustained because of your default.
"Default" shall mean that you have become subject to a voluntary or
involuntary bankruptcy, insolvency, reorganization or liquidation proceeding;
make an assignment for the benefit of creditors; admit in writing your
inability to pay debts when due; or fail within ten (10) days after written
notice to remedy any breach of this Agreement.
Interruption
of Service. The
Cooperative may interrupt Services immediately after an attempt to notify you
by telephone in any event where the Cooperative has determined that your are in breach of the AUP. Services shall be timely
reinstated after the Cooperative determines that the condition has been
remedied.
Indemnities. You agree to
indemnify the Cooperative, its officers and its directors and hold such persons
harmless from and against all loss, liability, damage and expense, including
reasonable counsel fees, caused by:
1.
Acts
or omissions of you or your household, officers, employees, agents, contractors
or volunteer assistants that arise out of or are caused by the construction,
installation, maintenance, presence, use or removal of systems, antennas,
terminal equipment or software that are or have been connected to the
Cooperative Services and that result in claims and demands for damages to
property or for injury or death to persons including payments made under any
Worker's Compensation Law or under any plan for employee's disability or death
benefits;
2.
Claims
for libel, slander, invasion of privacy or infringement of copyright, and
invasion or alteration of private records or data arising from any information,
data or message transmitted over the network from your facilities, and