Internet Service Provider AgreementUse of our services constitutes acceptance of this agreement in its entirety. This agreement represents the complete agreement and understanding between DDW, Inc., also known as DDWireless (DDWIRELESS) a Colorado Corporation with offices at 900 Meadow Lane, Gardner, CO 81040 and the account holder and supersedes any other written or oral agreement. DDWIRELESS may at anytime without obligation modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Likewise, you may cancel your service in response to such a change. If you do not agree to these terms and conditions, please notify our accounting department so we may initiate a closure of your account.
Provision of ServicesDDWIRELESS will provide internet access to subscribers by radio communication between the account holder’s computer and DDWIRELESS’s computing and network systems in exchange for payment of fees and compliance with the terms and conditions of this document. The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of DDWIRELESS. DDWIRELESS does not guarantee upload or download speeds. DDWIRELESS may change its POP numbers at any time. DDWIRELESS reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are DDWIRELESS's property and DDWIRELESS may alter or replace them at any time. As part of its services, DDWIRELESS will be providing use of radio communications equipment to the account holder. The account holder does not own this equipment and is responsible to return it to DDWIRELESS upon termination of service. If the equipment fails for reasons unrelated to the negligence of the account holder, DDWIRELESS will provide new equipment at no charge, but if the account holder negligently breaks the equipment or fails to return the equipment upon termination the account holder will be charged to replace the equipment.
TermIf your Service has a specific initial term (like twelve (12) months) this agreement will continue on a monthtomonth basis after the initial term is over. DDWIRELESS reserves the right to change prices of the Service upon 30 days notice. DDWIRELESS reserves the right to change features of the Service at any time.
Use of MaterialPublic Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using DDWIRELESS services. Account holders may also redistribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain, as well as any and all risks regarding the determination of whether the material is in the public domain, as well as any and all risks associated with the use or downloading of any material whatsoever. DDWIRELESS provides a communication channel only, and has no knowledge of or responsibility for the content of that channel. As provided by the United States federal law and International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using DDWIRELESS services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor may author attribution notices nor the copyright notices be modified.
Use of ServicesDDWIRELESS accounts are for individual users and the account holder therefore agrees not to share access with any other users. The account holder acknowledges that DDWIRELESS will terminate the account without notice if
the account holder does not comply. If the account holder employs a wireless Local Area Network (LAN), the account holder agrees to maintain a sufficient level of security to prevent others from accessing the network. Sharing access to the account with other unauthorized users through a LAN or any other means is expressly prohibited. The account holder agrees to use the services provided by DDWIRELESS as permitted by applicable local, state, and federal laws. The account holder agrees not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. The account holder acknowledges that DDWIRELESS is a commercial entity and that DDWIRELESS and connecting networks may be used by the account holders to conduct legal businesses. These businesses must not impinge upon the use of DDWIRELESS services by other account holders.
Abuse of ServicesAccount holder agrees that DDWIRELESS services will not be used to send unsolicited advertising or promotional materials to other network users, or to receive the results of such unsolicited advertising or promotion. WWW home pages, electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Any use of DDWIRELESS system resources that disrupts the normal use of the system for other DDWIRELESS customers is considered to be abuse of system resources and is grounds for administrative intervention. This includes sending email or USENET messages with forged addresses, sending unsolicited commercial email, or using DDWIRELESS ’s services to receive responses to unsolicited commercial mailings or USENET postings. Also prohibited are multiple simultaneous logins. Excessive use of online gaming or excessive downloading of materials such as movies or other large files which interferes with other customers use of the system could also be considered abuse. Depending on the nature of and the severity of the abuse, the user may receive an email warning or have the account suspended by DDWIRELESS. If the misuse is unintentional the suspension may be rescinded following discussion with DDWIRELESS staff. If the misuse is intentional the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. Any unsolicited commercial activity that results in complaints lodged with our administrative staff will be treated as abuse and dealt with according to the above procedures.
Warranties & IndemnificationAccount holder agrees to indemnify DDWIRELESS and any and all of DDWIRELESS’s other account holders and hold all of them harmless from any direct or indirect expenses related to the account holder’s abuse of services. The account holder acknowledges that DDWIRELESS makes an honest effort to make the communications connections to the internet and its computer network reliable. However, given the nature of radio communications and the potential for radio interference, the need for routine maintenance to the systems, and the potential for hardware and software failures, the account holder acknowledges that periodic interruption or delays in the services is normal and expected. DDWIRELESS makes no warranty or indemnity of any kind, either express or implied, regarding the quality or speed of the internet access provided, but does provide the account holder the right to cancel its service upon providing one month’s written notice to DDWIRELESS. DDWIRELESS makes no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through DDWIRELESS is at the sole risk of the account holder. The account holder also acknowledges that the information available through the interconnecting networks may not be accurate and that DDWIRELESS has no control or authority over the material. DDWIRELESS makes no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through DDWIRELESS services is at the sole risk of the account holder. The account holder also acknowledges that the account holder’s individual computer security is the sole
responsibility of the account holder. DDWIRELESS does not provide security protection from unauthorized users (“Hackers”). The account holder agrees to indemnify and hold DDWIRELESS harmless from any claims for any type of damages or liability, including attorney’s fees, resulting from the account holder’s use of DDWIRELESS services. DDWIRELESS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, DDWIRELESS 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 YOUR 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. DDWIRELESS DOES NOT PROVIDE A WARRANTY FOR DEFECTS RESULTING FROM ACTS OUTSIDE OF DDWIRELESS' CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN DDWIRELESS OR ITS CONTRACTOR. DDWIRELESS RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. DDWIRELESS WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF DDWIRELESS'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DDWIRELESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERRORFREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. DDWIRELESS 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 DDWIRELESS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY DDWIRELESS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. DDWIRELESS AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, DDWIRELESS'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. DDWIRELESS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR 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 YOU 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 DDWIRELESS, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST DDWIRELESS IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
InstallationIn order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other form of payment that can be automatically deducted each month, unless other payment options are mutually agreed upon. The Service must be available to your location. Your computer may have to meet certain minimum requirements. The Service may include equipment provided by DDWIRELESS ("the Equipment"). The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. DDWIRELESS and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes. If you are unable to perform selfinstallation, DDWIRELESS may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party. You are also responsible for all inside wiring repair necessary to install the service. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You shall indemnify and hold DDWIRELESS harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement. Any equipment provided by DDWIRELESS will remain the property of DDWIRELESS except as otherwise required by applicable law. DDWIRELESS will not have any obligation to install, support, maintain, repair, or replace (a) any Computer; or (b) any modem or cabling or other equipment that is provided by someone other than DDWIRELESS. If the relationship is terminated by either party (You or DDWIRELESS), you must return all materials with all of its original packaging to DDWIRELESS. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, DDWIRELESS may cancel the installation process and refund any money that you have paid. DDWIRELESS will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if DDWIRELESS is able to provide service. DDWIRELESS shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
Abuse, Violations & Strictly ProhibitedAbuse and violations of system or network security are prohibited, and may result in suspension or cancellation of clients services. Examples of system or network abuse or security violations include, without limitation, the following: 1. Hacking. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
○ Botnets are not allowed ○ Hacking boards are not allowed ○ Peer to peer seedings for the transmission or receiving are not allowed ○ Unauthorized Port probings of remote networks are not allowed ○ Phishing websites are not allowed 2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. 3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. 4. Fraud. The use of DDWIRELESS resources to sustain operations of fraudulent nature like illegal sweepstakes or illegal money transfers. 5. Virus Distribution. The use of DDWIRELESS datacenter as a means to propagate or distribute virus packages is strictly forbidden. 6. Terrorism Activities. The use of DDWIRELESS services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities. 7. Spam (UNSOLICITED EMAIL). Customer shall not transmit or disseminate unsolicited commercial email (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. 8. Under Legal age nudity . Customer is responsible for any misuse of account, even if the inappropriate activity was committed by a friend, family member, guest or employee. 9. Intellectual Property Violations. Disseminating or transmitting files, graphics, software or other material, data or information that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or organization. DDWIRELESS reserves the right to disable or terminate any service or content that is considered to violate any of the points mentioned above, although we will try to inform the client of the decision; we do reserve the right to terminate the contract prior to us receiving a response from the client. In case of third party complains from material or services propagated by a client using DDWIRELESS infrastructure, we will consider one or more of the following actions depending on the nature and severity of the complain. If the complaint is based on a legal proceeding, DDWIRELESS will inform the client of the situation but will still follow the proper protocol depending on the nature and legality of the process.
Payment of Fees and PenaltiesYou must provide accurate billing information including legal name, address, telephone number, and credit
card/billing information, and report all changes to this information immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the Service and any additional usage, services, taxes and fees. DDWIRELESS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by DDWIRELESS. The DDWIRELESS accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated. Payment is due and payable in advance of receiving services each month. Delinquent accounts are those that remain unpaid on the 15th day of the month. Accounts that are delinquent may be put on “accounting hold” and disabled. Accounts that are unpaid for more than one accounting cycle may be deleted at any time, at DDWIRELESS ’s sole option. DDWIRELESS accounts continue to accrue charges while they are on hold. To remove accounts from accounting hold status a fee will be charged. The account holder acknowledges responsibility for the account until payment in full is made.
Account CancellationsCancellation requests for DDWIRELESS accounts must be received in writing via email, fax, or postal service at DDWIRELESS’ main office. Such requests must be received no later than 5p.m. MST on the 20th of the month in order to be processed by the beginning of the next accounting cycle. Cancellations prior to the end of the contract term will be charged 10 percent of the remaining contract amount. Account cancellations take effect on the first day of the next accounting cycle after DDWIRELESS has received the notice. Cancellation does relieve the account holder of liability for the current and previous accounting periods.
Jurisdiction & ArbitrationThis Agreement is governed by Colorado law without regard to conflict of law provisions. Any controversy or claim arising out of or relating 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 Colorado law and will be held in Colorado Springs, Colorado. 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.
MiscellaneousThis Agreement and DDWIRELESS' other Agreements and policies posted on DDWIRELESS' Web site constitute the entire agreement between you and DDWIRELESS with respect to your use of the Service. DDWIRELESS 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 DDWIRELESS' Web site: (www.ddwireless.com). This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DDWIRELESS. You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of DDWIRELESS, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. DDWIRELESS will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of DDWIRELESS as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. DDWIRELESS may subcontract any work, obligations or other performance required of DDWIRELESS under this Agreement without your consent. You shall indemnify and hold DDWIRELESS harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that DDWIRELESS may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and DDWIRELESS' other agreements and policies and for
any act or omission of you or your clients which are in any way related to the DDWIRELESS Service.