Just read up on the FreeXDSL site. You have to to commit to a five year
agreement to use them as your exclusive dialtone, long distance and cable TV
provider under their terms. Pretty scary stuff.

At $500 liquidated damages for termination within five years, I have to
wonder whether it's a bargain or not. I'd never recommend that a client
commit to anything over a three year commitment, given today's marketplace.
And I like the way they still lay claim to your local dialtone, long
distance and cable services, even if you terminate the DSL subscription.

- Bob

>From the subscriber agreement:

12.0 - AUTHORITY TO PROVIDE LOCAL OR LONG DISTANCE PHONE SERVICE, "CABLE" TV
SERVICE

If, at any time during the term of this Agreement, SMART is authorized, with
Federal or State authority approval if necessary, to offer and provide local
telephone service as a Local Exchange Carrier, long distance or "cable" TV
service as a long distance telephone or "cable" TV service provider in the
location in which MEMBER desires to receive freeXDSL(TM) SERVICE, and SMART
is able to offer and provide such service to MEMBER, MEMBER hereby agrees to
allow SMART to provide MEMBER with such service at the applicable tariff or
published rate for such service if the rate is no more than the rate
currently being paid by MEMBER to the existing Incumbent Local Exchange
Carrier or other provider currently furnishing any such service to MEMBER.
In any such case, MEMBER'S existing incumbent local exchange carrier will
continue to maintain the lines between MEMBER'S location and the telephone
company's central switching office as they do currently as prescribed by
law.

and ...

22.0 - TERMINATION

MEMBER may terminate this Agreement at any time within seven (7) days after
entering into this Agreement with no liability to SMART. MEMBER may
terminate this Agreement at any time after the first seven days following
the date MEMBER entered into this Agreement by closing MEMBER'S account for
freeXDSLTM SERVICE. SMART may suspend or terminate MEMBER'S account for
freeXDSLTM SERVICE at any time for any reason including but not limited to
failure to comply with the terms of this Agreement or any SMART policy. If
terminated by SMART for a violation by MEMBER of SMART'S AUP or MEMBER'S
failure to comply with this Agreement, or if terminated by MEMBER for any
reason after the seventh day following MEMBER'S execution of this Agreement,
such execution by MEMBER completing registration for freeXDSL(TM) SERVICE,
but before the fifth anniversary of the implementation of MEMBER'S
freeXDSLTM SERVICE, MEMBER agrees to pay to SMART as liquidated damages Five
Hundred Dollars ($500.00) to offset SMART'S expense of allocating service,
bandwidth, hardware, or human resources to process the order, arrange for
service, or to provide freeXDSLTM service to MEMBER, excluding any
termination by MEMBER if SMART were to cease providing freeXDSLTM SERVICE
with no monthly fees, in which case MEMBER would have the right to cancel
service with no liability to SMART for termination. Upon termination of this
Agreement, the provisions of Paragraphs 4.0, 12.0, 14.0, 15.0, 16.0, 17.0,
18.0, 20.0, 21.0 and 23.0 shall survive.

To unsubscribe from SURVPC send a message to [EMAIL PROTECTED] with 
unsubscribe SURVPC in the body of the message.
Also, trim this footer from any quoted replies.
More info can be found at;
http://www.softcon.com/archives/SURVPC.html

Reply via email to