Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision
About this form
This Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision is a legal contract that outlines the terms under which an Internet Service Provider (ISP) will provide internet access and related services to a subscriber. This agreement includes a provision for liquidated damages, which allows the ISP to recover a predetermined amount of damages if the subscriber breaches the usage policy. This form protects both parties by clearly defining their rights and responsibilities, differing from other agreements by its focus on specific usage regulations and penalties for non-compliance.
What’s included in this form
- Details of the ISP provider and subscriber
- Payment terms for services rendered
- Subscriber obligations regarding acceptable use policies
- Liquidated damages for policy violations
- Rights of the ISP provider in case of non-compliance
- Termination rights and conditions for both parties
When to use this form
This form should be used when establishing a service agreement between an ISP and a new subscriber. It is particularly important when the subscription includes specific terms regarding internet usage, fees, and penalties for breaches such as misuse of the service or violation of acceptable use policies. This agreement is essential to clarify expectations and protect both parties in the event of disputes.
Who can use this document
This agreement is suitable for:
- Internet service providers looking to formalize service agreements with subscribers
- Businesses and individuals subscribing to internet services
- Parties interested in ensuring clear terms regarding internet usage and associated fees
Steps to complete this form
- Identify and enter the names and addresses of both the ISP provider and the subscriber.
- Specify the payment terms, including setup charges and service fees.
- Detail the acceptable use policies that the subscriber must adhere to.
- Include any liquidated damages amounts in case of a breach of the agreement.
- Ensure signatures from both parties to validate the agreement.
Is notarization required?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to clearly define the acceptable use policies can lead to misunderstandings.
- Not updating the liquidated damages amount in the agreement as needed.
- Overlooking the need for clear signatures from both parties.
Why use this form online
- Convenient downloadable format for easy access.
- Editability allows customization to meet specific needs.
- Reliability, as templates are drafted by licensed attorneys, ensuring legal compliance.
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FAQ
Exculpatory is the adjectival form of the verb exculpate, meaning "to clear from guilt." The pair of words cannot be accused of being secretive-their joint etymology reveals all: they are tied to the Latin verb exculpatus, a word that combines the prefix ex-, meaning "out of" or "away from," with the Latin noun culpa,
The general rule is that exculpatory clauses are enforceable if they are reasonable. They are not valid if they are unconscionable or unreasonable. Additionally, they cannot excuse liability from harm which is caused intentionally or recklessly.
California makes it a felony for prosecutors to withhold or alter exculpatory evidence. More than two years into a dispute over alleged misconduct by Orange County, California, prosecutors trying a multiple-murder case, the state of California has made it a felony crime to withhold exculpatory evidence.
Information that increases a defendant's probability of innocence or absolutely relieves them of liability. Often used to describe evidence in a criminal trial that justifies, excuses, or creates reasonable doubt about a defendant's alleged actions or intentions.
An exculpatory statement is defined as a statement by the defendant that tends to clear a defendant from alleged guilt, or a statement that tends to justify or excuse his/her actions or presence.
Material evidence is important evidence that's directly relevant to an issue in the defendant's case. Exculpatory evidence is evidence favorable to the defendant in that it clears or tends to clear him of guilt.
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.
Any evidence that is favorable to the defendant in a criminal trial is considered exculpatory. Another example of exculpatory evidence would be DNA evidence on a knife in a murder case that links another individual to a crime.
