PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING BAIS DSL SERVICES.

BAIS, Inc. (BAIS) provides DSL access services from various transport provider or carriers. This document describes both BAIS’s general terms and conditions of service as well as the specific terms and conditions of the various DSL transport providers/carriers who deliver the last-mile DSL transport/carrier services to the end-user’s premises.

The main body of this document covers BAIS’s general terms and conditions of service specific to the delivery and provisioning of DSL Internet access. Also included in this document are important terms and conditions of the various transport providers/carriers used by BAIS to deliver DSL access services to its customers. Such transport/carrier terms are in addition to the terms and conditions of BAIS and are defined as exhibits to this document.

BAIS DSL INTERNET SERVICE AGREEMENT:

The Service may include:

1. DSL access for one computer or small network
2. Optional or included email accounts
3. Optional or included web hosting on BAIS servers
4. Optional or included dial-up access
5. Other optional services

The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of BAIS. BAIS provides the Service on a "best effort" basis and does not guarantee upload or download speeds. Line stabilization may be required to successfully deliver service. Line stabilization may include the lowering of provisioned line speed. Should the lowering of line speeds occur, BAIS will NOT be able to increase the line speed once the connection is stable.

The email, hosting, and dial-up services are available under this agreement after the Activation Date. Customer may purchase a separate dial-up account while waiting for the service to be installed. Customer is solely responsible for determining if use of a particular dial-up number will cause Customer to incur long-distance, toll, or any other charges. BAIS is not responsible for any long-distance, toll, or other charges Customer may incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra.

4. CANCELLATION

To cancel the Service, Customer must send registered or certified mail, return receipt requested, or formal fax (408-545-0549) on Company/Personal Letterhead to:

BAIS, Inc.
Attn: DSL Customer Service
2650 San Tomas Expressway
Santa Clara, CA 95051.

All DSL services are subject to 12 contracts and may not be cancelled during the term of the contract. Customer may choose not to renew the contract at the end of its term providing Customer provides BAIS with at least 30-days written notice. All cancellations must be delivered in writing to the above address or fax number—no exceptions. Cancellations will be effective at the end of the next month's billing period, which is the end of the next calendar month. Customer must pay for any service fees due up to the effective date of cancellation. Upon cancellation, all services affected by the cancellation will be terminated and all files stored on BAIS servers will be deleted.

All equipment returns must have a Carrier provided shipping label with RMA number. If Customer cancels account and returns all equipment within 30-days of Customer shipping date (the date BAIS mails Customer equipment), BAIS will refund all fees incurred to date, excluding postage and handling (providing Customer returns all equipment provided to Customer by BAIS in its original packaging, or equivalent, using a Carrier supplied return shipping label). BAIS will not refund any fees after 30-days of Customer shipping date. In the event a Carrier shipping label was not included with the package, customer must notify BAIS to request a new shipping label.

If, after 30-days of Customer’s original In-Service date, Customer is dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, Customer’s sole remedy is to discontinue using the Service, cancel Customer account, and pay any cancellation fees that may apply.

BAIS is providing equipment and support to Customer for Customer’s use of the Service. Cancellations or Service downgrades requested before the initial term of the agreement ends will result in early termination charges. If Customer elects to relocate Service to a new residence or switch phone lines within the same residence during the initial term, Customer will be also be charged early termination fees. If BAIS can provide a Service at the new residence or on the new line, BAIS may issue a credit towards the early termination charges providing Customer renews Service for another 12-month period within 30-days from the time Customer formally terminated Service. Early termination fees are carrier/transport provider specific and outlined in Exhibit A and B, attached.

BAIS, in its sole discretion, may replace equipment due to manufacturer's defect at no cost to Customer under the following circumstances: Customer contacts BAIS and opens a trouble ticket within one year of Customer original shipping date; BAIS certifies that a defect has occurred and Customer returns the equipment in the original packaging (or equivalent) using a BAIS provided shipping label within 30-days of certification. Upon certification, BAIS will ship replacement equipment to Customer. Failure to return the certified equipment within 30-days of certification shall result in a charge to Customer for the new equipment. BAIS will not accept the return of equipment without BAIS certification and shipping label after 30-days from the original shipping date. BAIS will not replace any equipment, including replacement equipment, after one year from the original activation date of the DSL service.

BAIS may terminate this Agreement, Customer password, Customer account, or Customer use of the Services for any reason, including, and without limitation if BAIS, in its sole discretion, believes Customer has violated the service agreement, these terms and conditions of service, or Customer fails to adhere to BAIS’s Payment Policies. A termination notice will be sent by email or U.S. Mail to the address Customer provided for the Service. All notices to Customer shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing. Sections 1, 4, 6, 10, and 11 of this Agreement shall survive termination of this Agreement.

5. ACCOUNT REQUIREMENTS

In order to receive the Service:

• Customer must be at least 18 years old and provide a valid credit card or credit verification.
• The Service must be available to Customer’s location.
• Customer must keep Customer telephone service active in order for the Service to work and Customer is responsible for charges for the Service regardless of the status of Customer’s underlying telephone service (Applicable to SBC Transport Only).
• Changing telephone service providers will result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. (Applicable to SBC and Covad ADSL line-sharing transport services only.)

6. PAYMENT

BAIS may charge Customer for taxes and other applicable fees. BAIS may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. Customer must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. All services with a monthly recurring fee of $40 or less must be billed by credit card only.

Customer is responsible for any charges to Customer account. Questions regarding charges to an account should be directed to BAIS's Customer Service Department at 1-800-495-0092. All charges are considered valid unless disputed in writing within thirty days of the billing date. Adjustments will not be made for charges that are more than 30-days old.

Charges are billed to Customer credit card or debit card, or invoiced, as applicable, each month for the Service and any additional usage or services. BAIS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by BAIS. Invoice payment or payment by checks are due upon receipt. Customer agrees to maintain valid and current credit card information on file with BAIS at all times.

If purchasing Services through a reseller, the reseller must pay all amounts owing for Customer account. If the reseller fails to pay BAIS any amounts due, whether or not Customer have paid the reseller, Customer account will be subject to suspension or cancellation until Customer or the reseller has paid all balances due. Delinquent accounts may be suspended or cancelled at BAIS's sole discretion; however charges will continue to accrue until the account is cancelled. BAIS may bill an additional charge to reinstate a suspended account.

7. CUSTOMER ACCOUNT, PASSWORD, AND SECURITY

Upon registration, Customer will receive a username, password, and account designation. Customer is solely responsible for use of the Service. Customer must keep Customer password confidential so that no unauthorized persons may access the Services through Customer account. Customer must notify BAIS immediately upon discovering any unauthorized use of Customer account.

BAIS reserves the right to timeout inactive connections. BAIS technical support may be limited to supporting only BAIS-provided services or unmodified hardware. Any over-usage of optional or included accounts such as email or hosting will be billed in the same or subsequent monthly billing. Email, Web hosting, and bandwidth limits are posted throughout our Web site at www.bayarea.net. These limits may also be obtained by calling 1-800-495-0092. BAIS reserves the right to change such limits at any time upon 30-days prior notice.

8. INSTALLATION

In the event of a Customer Self-Installation, BAIS will provide Customer with a Self-Install Kit ("the Equipment"). If the order is terminated by, either party (Customer or BAIS), before the Activation Date or if the line is found to be un-provisionable, Customer must return the complete kit with all of its original packaging to the Carrier via the supplied return label and RMA number. Contents of the kit may change from time to time.

The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in Service outage or potential damage to Customer computer or network. Customer is solely responsible for backing up all of Customer existing computer files and data. BAIS and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of Customer hardware, software, files, data, or peripherals. Customer assumes responsibility for impacts to or loss of any warranty associated with the opening of Customer computer for installation of an internal card (such as a Network Interface Card) or DSL modem.

Customer acknowledges that this is a fixed-location service. Relocating to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of Service and will result in fees associated with cancellation and setting up a new Service and account and early termination charges will apply.

If Customer is unable to perform self-installation, BAIS, one of its DSL carriers/transport providers, or an outside/third-party may complete the installation. Customer will be responsible for all costs and scheduling associated with such an installation by a carrier or third party. Customer is also responsible for all inside wiring, inside wiring repair, and billable wiring necessary to install the service.

BAIS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY CUSTOMER OR A THIRD PARTY CHOSEN BY CUSTOMER WILL ENABLE CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO CUSTOMER COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, BAIS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF CUSTOMER INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

BAIS will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to Customer location. In its sole discretion, BAIS may cancel the installation process and refund any money that Customer has paid. BAIS will notify Customer of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if BAIS is able to provide service. BAIS shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICES

BAIS has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if BAIS, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy. BAIS may immediately remove Customer material or information from BAIS's servers, in whole or in part, which BAIS, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

10. DISCLAIMERS

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH BAIS TO CUSTOMER AT NO ADDITIONAL CHARGE. BAIS WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO CUSTOMER. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, BAIS OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED CUSTOMER FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF BAIS'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN BAIS OR ITS CONTRACTOR. BAIS RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. BAIS WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF BAIS'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAIS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. BAIS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH BAIS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY BAIS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. BAIS AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM CUSTOMER USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, BAIS' CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. BAIS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING CUSTOMER COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; CUSTOMER RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY CUSTOMER OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF BAIS, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST BAIS IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. CUSTOMER SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11. JURISDICTION

Under California Civil Code Section 1789.3, subscribers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

This Agreement is governed by California law without regard to conflict of law provisions. Any controversy or claim arising out of correlating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by California law and will be held in Santa Clara, California. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class-action arbitration pursuant to this agreement.

12. MISCELLANEOUS

This Agreement, the Acceptable Use Policy, and BAIS's other Agreements and policies posted on BAIS's Web site constitute the entire agreement between Customer and BAIS with respect to Customer use of the Service.

BAIS may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on BAIS's Web site (www.bayarea.net) and/or on Customer Support pages and/or by email and/or in our various publications and mailings to Customer.

In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms.

 

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Exhibit: A

Carrier: SBC/Pacific Bell

Pacific Bell DSL Transport Services and BAIS Internet Access Services to the customer are subject to the following additional terms and conditions:

1. SERVICE

1. Commencing on the date on which Service is installed, Customer will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, Customer will pay the current charges for such Service and equipment, including installation charges, taxes, applicable tariffs, and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when the DSL circuit has been activated by Pacific Bell whether or not Customer has completed self-installation or actually used the DSL Internet Service. The terms and conditions for the service and equipment may be periodically modified, and amended on this page from time to time and the customer will be subject to the amendments by BAIS or its carriers.
2. Moving your DSL circuit from one location to another location will result in a new 1-year term upon the activation date of the DSL circuit at the new location. Any and all setup charges for the move may apply, but BAIS will notify the customer of any charges before the move is ordered. Charges related to moving or relocating a Service can be found on SCHEDULE B. A signed DSL Move Order form from the customer is required and must be faxed back to BAIS before any work will commence.
3. Service is offered by BAIS via a line sharing arrangement over a retail telephone line provided by SBC/Pacific Bell Telephone Company. If you change your provider of telephone service and SBC/Pacific Bell Telephone Company is no longer providing your telephone service, BAIS will no longer be able to provide Service on a line shared basis and therefore the Service will be disconnected, this Agreement will automatically terminate and termination charges will apply.

2. FEES

1. Customer agree to pay all fees and charges specified when Customer ordered Customer Service, including recurring and nonrecurring charges for Internet Access and the associated equipment and/or CPE.
2. DSL Order Cancellations, Early terminations, CPE, Setup and Self Installation, Full installation, Service Changes, Inside Wiring, can be found on SCHEDULE A..

3. PROVISION OF SERVICE

Customer understands and agrees that BAIS does not control the physical line connections between Customer location and the central office, the condition of these lines, or the conditions or availability of the lines at the customer location.

1. Customer may choose self-installation or full installation by an authorized Pacific Bell technician. Full-installation costs and any/or charges related to a full-install can be found on SCHEDULE A.
2. If the customer self-installation is unsuccessful, the customer may authorize BAIS to request a Pacific Bell technician to come out to the location to complete the work. Costs can be found on SCHEDULE A and SCHEDULE B.
3. Full-installation by a Pacific Bell technician will include the following:

1. On-site installation by a qualified Carrier technician.
2. Connection from Customer site to BayArea.net via Pacific Bell's DSL transport network.
3. Configuration and provisioning of Internet connectivity via BayArea.net network.
4. 2-hour time limit for professional installation services, additional time will be billed at the standard half hour rate found on Schedule C.
5. Installation does not include inside wiring from point-of-entry to end-user's computer equipment or desired location or Inside Wiring.

4. Inside Wiring consists of wiring through multiple telephone closets in a high-rise building or business park, wiring from the Network Interface Device (NID) to a desired location, or moving a jack to another location. If additional inside wiring is required, costs for such is found on SCHEDULE A.

4. CUSTOMER SUPPORT

1. BAIS will provide customer support 24/7/365 days a year, and will troubleshoot any problems arising from CPE or Internet Service access that BAIS has provided or provided through Pacific Bell Internet. Any customer supplied equipment or CPE, will be supported to the best of our ability and knowledge.
2. Before a Telco/carrier technician can be dispatched to a customer location, a Dispatch Authorization Form must be signed and faxed back by the customer, forms will be sent by BAIS technicians directly to the customer.  In the event that a carrier or BAIS technician is dispatched to the Customer’s location of service, and the problem is determined to be caused by, or related to, an issue outside of the local carrier’s or BAIS’s control, the customer shall be responsible for any and all charges imposed by the carrier/vendor or by BAIS for such an incident. If the carrier/vendor technician is dispatched to repair any non-BAIS or non-carrier/vendor on-site equipment or wiring that has rendered the service inoperable or unreachable by BAIS remotely, or if the technician is dispatched because of re-configuration or hardware repairs not covered under warranty, the Customer will be fully responsible for all charges billed by the carrier/vendor to remedy the situation. Dispatch Charges can be found on SCHEDULE B
3. The Customer shall be responsible for payment of any applicable service charges that covers the period from the time the technician leaves the carrier facility to the time the technician identifies that there is no trouble found in the carrier or BAIS equipment/facilities, or to the time the technician resolves trouble due to defective and or/non-standard premise wiring or jacks, trouble due to DSL CPE, and trouble due to DSL CPE settings and/or software. Customer will be responsible for payment of DSL CPE cost for any out of warranty DSL CPE replaced by the carrier/vendor. Out of warranty replacement CPE charges can be found on SCHEDULE D.
4. BAIS is not directly responsible for warranty on carrier supplied or BAIS supplied CPE, but BAIS will assist in any warranty claims on CPE with the carrier or manufacturer. CPE warranty is subject to change at the discretion of carrier and/or manufacturer at anytime, and BAIS is not liable for these changes.
5. As of Jan. 1^st., 2003, Pacific Bell Transport CPE carries a one-year manufacturer warranty. If the CPE is found defective within 90-days of activation of the DSL circuit, there will be no charges for the dispatch technician sent out to the customer location to replace warranted CPE. If the CPE is found defective after 90-days and within the 1-year warranty period, the standard technician dispatch charges will apply to the customer as found on SCHEDULE B.

5. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS

1. Termination of the DSL circuit prior to the completion of the one-year term commitment will result in early termination charges found on SCHEDULE A.
2. If Customer decides to cancel Customer service order with BAIS prior to Customer line being installed, Customer must notify BAIS via email, fax, or letter within 3-business days of the order being received via fax by BAIS. Failure to do so will result in the charges shown in SCHEDULE A.
3. If Customer fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if Customer fail to perform or observe any other material term or condition of this Agreement, or if Customer provide false or inaccurate information which is required for the provision of the Service or is necessary to allow BAIS to bill Customer for the Service, and such condition continues unremedied for thirty days, Customer shall be in default and BAIS may suspend or terminate the Service to Customer.
4. The service order cancellation fee will be waived in if any of the following occur; BAIS cannot provide Customer with the minimum DSL service operating speed which Customer have ordered, and Customer have cancelled the order within 3-business days of being informed that BAIS could not do so, or BAIS cannot install Customer DSL service within 45-days after we accept Customer order and Customer choose not to wait for us to complete the installation.
5. Customer may not assign Service to anyone without the express written consent of BAIS Upon reasonable notice; BAIS may assign its rights and obligation under this Agreement.

6. GENERAL

If Customer have purchased one of the "up to" Services (i.e. Basic or Enhanced Up to 1500), there is no minimum guaranteed speed for the Service. If the Service Customer has purchased is provided within a range of speed (e.g., between 384 Kbps and 1.5 Mbps downstream x 128 Kbps upstream) Service will be provided at least at the lowest speed within the range. There is no guarantee that the Service will perform at the upper end of the range.

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7. Schedule of Fees

Customer understands that BAIS does not control the physical line conditions between Customer location and the central office, the distance of the lines, and the availability of copper pairs at the Customer location.

1. All TeleSpeed circuits will require a Professional installation by a Covad Technician. Professional installation costs can be found on schedule F. Professional Installation will include the following on-site services (Limit of 2-hours of included on-site time for each professional installation):

1. Basic inspection of inside wiring.
2. Maximum of 30-minutes including tracing or toning across phone closets.
3. CPE hardware installation of Covad-qualified DSL equipment.
4. NID Splitter or inline filter installation (Covad’s discretion as to which is performed.
5. One attempt at installation of Covad-qualified Ethernet adaptor if needed. Customer’s computer must comply with minimum system requirements for the equipment provided by Covad. System requirements may change based on hardware selected by Covad for this service.
6. Professional Installation over-run time will be billed at the rates in SCHEDULE D.

2. Any wiring that is not included in the Covad Professional Installation, such as wiring through multiple phone closets, wiring from the NID to a desired location, and moving a phone jack from one location to another will be subject to the fees in SCHEDULE E.
3. If the Customer misses an assigned Covad appointment date, missed appointment fees found on SCHEDULE D will apply.
4. If the ordered TeleSpeed service is not working after a professional installation, the Customer will be notified of the next available speed at the location. If BAIS does not have confirmation from the Customer within 3-business days that Customer will accept the next available speed option, the service order will be automatically be cancelled. There will be no charges assessed for a failed delivery of DSL if the selected service is unavailable at the location.

2. TeleSurfer Services

TeleSurfer services are Asymmetrical Digital Subscriber Lines ("ADSL") services provisioned on a shared-lined basis (meaning that the customer will receive ADSL services over the same line on which he or she currently receives his or her voice service). The availability of TeleSurfer services depends upon the distance of the Customer to the Central Office, and the condition of the Customer’s existing telephone lines. The TeleSurfer family of services consists of various speeds.

TeleSurfer DSL circuits will be considered in working order if the download speed is at least 128Kbps, and the upload speed is at least 128Kbps. Covad and BAIS do not make any guarantees on the throughput rate on TeleSurfer services. If the ordered service does not meet the minimum required upload and download speeds, the Customer may downgrade the service to the lower speed option at no costs, if there is a lower service option available.

1. Provision of Service

Customer understands that BAIS does not control the physical line conditions between Customer location and the central office, the distance of the lines, and the availability of copper pairs at the Customer location.

1. TeleSurfer ADSL Circuits may order a Self-Installation Package or a Professional Installation package, costs for which can be found on SCHEDULE E. Professional Installation will include the following on-site services (Limit of 2-hours of included on-site time for each professional installation):

1. Basic inspection of inside wiring.
2. Maximum of 30-minutes including tracing or toning across phone closets.
3. CPE hardware installation of Covad-qualified DSL equipment.
4. NID Splitter or inline filter installation (Covad’s discretion as to which is performed.
5. One attempt at installation of Covad-qualified Ethernet adaptor if needed. Customer’s computer must comply with minimum system requirements for the equipment provided by Covad. System requirements may change based on hardware selected by Covad for this service.
6. Professional Installation over-run time will be billed at the rates in SCHEDULE D.

2. Any wiring that is not included in the Covad Professional Installation, such as wiring through multiple phone closets, wiring from the NID to a desired location, and moving a phone jack from one location to another will be subject to the fees in SCHEDULE D.
3. If the Customer misses an assigned Covad appointment date, missed appointment fees found on SCHEDULE D will apply.
4. If the ordered TeleSpeed service is not working after a professional Installation, the Customer will be notified of the next available speed at the location. If BAIS does not have confirmation from the Customer within 3-business days that they will accept the next available speed option, the service order will be automatically be cancelled. There will be no charges assessed for a failed delivery of DSL if the selected service is unavailable at the location.
5. If a Customer ordered Self-installation is unsuccessful, a Covad Professional Installation may be ordered, costs can be found on SCHEDULE D.

2. SERVICE

1. Commencing on the date on which Service is installed, Customer will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, Customer will pay the current charges for such Service and equipment, including installation charges, taxes, tariffs, and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when the DSL circuit has been activated by Covad whether or not Customer have completed self-installation or actually use the DSL Internet Service. The terms and conditions for the service and equipment may be periodically modified, and amended on this page from time to time and the customer will be subject to the amendments by BAIS or its carriers.
2. Moving Customer DSL circuit from one location to another location will result in a new 1-year term upon the activation date of the DSL circuit at the new location. Any and all setup charges for the move may apply, but BAIS will notify the customer of any charges before the move is ordered, charges can be found on SCHEDULE D. A signed DSL move order form from the customer is required faxed back to BAIS before any work will be performed for the move.

3. FEES

1. DSL Order Cancellations, Early terminations, CPE, Setup and Installation, Full installation, Service Changes, Inside Wiring, can be found on SCHEDULE D.

4. CUSTOMER SUPPORT

1. BAIS will provide customer support 24/7/365 days a year, and will troubleshoot any problems arising from CPE or Internet Service access that BAIS has provided or provided through Covad Communications. Any customer supplied equipment or CPE, will be supported to the best of our ability and knowledge.
2. Before a Telco/carrier technician can be dispatched to a customer location, a Dispatch Authorization Form must be signed and faxed back by the customer, forms will be sent by BAIS technicians directly to the customer.  In the event that a carrier or BAIS technician is dispatched to the Customer’s location of service, and the problem is determined to be caused by, or related to, an issue outside of the local carrier’s or BAIS’s control, the customer shall be responsible for any and all charges imposed by the carrier/vendor or by BAIS for such an incident. If the carrier/vendor technician is dispatched to repair any non-BAIS or non-carrier/vendor on-site equipment or wiring that has rendered the service inoperable or unreachable by BAIS remotely, or if the technician is dispatched because of re-configuration or hardware repairs not covered under warranty, the Customer will be fully responsible for all charges billed by the carrier/vendor to remedy the situation. Dispatch Charges can be found on SCHEDULE E.
3. The Customer shall be responsible for payment of any applicable service charges that covers the period from the time the technician leaves the carrier facility to the time the technician identifies that there is no trouble found in the carrier or BAIS equipment/facilities, or to the time the technician resolves trouble due to defective and or/non-standard premise wiring or jacks, trouble due to DSL CPE, and trouble due to DSL CPE settings and/or software. Customer will be responsible for payment of DSL CPE cost for any out of warranty DSL CPE replaced by the carrier/vendor. Out of warranty replacement CPE charges can be found on SCHEDULE D.
4. BAIS is not directly responsible for warranty on carrier supplied or BAIS supplied CPE, but BAIS will assist in any warranty claims on CPE with the carrier or manufacturer. CPE warranty is subject to change at the discretion of carrier and/or manufacturer at anytime, and BAIS is not liable for these changes.
5. As of Jan. 1^st., 2003, Covad DSL Transport CPE carries a one-year manufacturer warranty. If a technician is required sent to the location to replace warranted CPE, the standard technician dispatch charges will apply to the customer as found on SCHEDULE E.

5. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS

1. Customer may terminate the Service upon notification to BAIS via fax signed by an authorized representative on the account. Termination notices are required 30-days in advance of the effective termination notice and will be effective at the end of the billing period 30-days after the notice of termination was received.
2. Termination of the DSL circuit prior to the completion of the one-year term commitment will result in early termination charges found on SCHEDULE D.
3. If Customer fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if Customer fail to perform or observe any other material term or condition of this Agreement, or if Customer provide false or inaccurate information which is required for the provision of the Service or is necessary to allow BAIS to bill Customer for the Service, and such condition continues unremedied for thirty days, Customer shall be in default and BAIS may suspend or terminate the Service to Customer.
4. If Customer decides to cancel Customer service order with BAIS prior to Customer line being installed, Customer must do so within 3-business days of the order being received via fax by BAIS. Failure to do so will result in the charges shown in SCHEDULE D.
5. The service order cancellation fee will be waived in if any of the following occur; BAIS cannot provide Customer with the minimum specified DSL service operating speed within these terms and conditions with which Customer has ordered, and Customer have cancelled the order within 3-business days of being informed that BAIS could not do so, or BAIS cannot install Customer DSL service within 45-days after we accept Customer order and Customer choose not to wait for us to complete the installation.
6. Customer may not assign Customer account on the Service to anyone without the express written consent of the new responsible party. BAIS Upon reasonable notice may assign its rights and obligation under this Agreement.

6. GENERAL

1. If Customer have purchased one of the "up to" Services (i.e. TeleSurfer up to 1500), there is no minimum guaranteed speed for the Service. If the Service Customer have purchased is provided within a range of speed (e.g., between 128 Kbps and 1.5 Mbps downstream x 128 Kbps upstream) Service will be provided at least at the lowest speed within the range. There is no guarantee that the Service will perform at the upper end of the range.

7. Schedule of Fees