Digital Path User Agreement
BY USING ANY OF THE DIGITALPATH SERVICES (INCLUDING, WITHOUT LIMITATION, WIRELESS INTERNET ACCESS SERVICES, SOFTWARE, EMAILSERVICES, PHONE SERVICES AND RELATED FEATURES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY DIGITALPATH (COLLECTIVELY, THE “DIGITALPATH SERVICE(S))”, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE DIGITALPATH SERVICE, THE SOFTWARE LICENSE AGREEMENT AND THE DIGITALPATH PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE “RULES”.
IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE REGISTRATION, OR YOUR USE OF, THE DIGITALPATH SERVICES, PROVIDE FOR THE SAFE RETURN OF ALL ASSOCIATED HARDWARE AND DESTROY ALL COPIES OF THE DIGITALPATH SOFTWARE. YOUR DIGITALPATH ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.
The most current version of the Rules may be found at http://www.digitalpath.net/ (the “DIGITALPATH Site”). Please review the Rules at the DIGITALPATH Site prior to accessing the DIGITALPATH Services since the Rules may have changed since the date of production of this version. DIGITALPATH may change the Rules and the scope of the DIGITALPATH Services on a semiannual basis in whole or in part. Posting of the updated Rules at the DIGITALPATH Site will constitute notice to you of any such changes, although DIGITALPATH may choose other types of notice for certain changes. Changes will be effective upon notice, although DIGITALPATH will use reasonable efforts to provide you with thirty (30) days advance notice of material changes that adversely impact you. Your continued use of the DIGITALPATH Services following notice constitutes your acceptance of all changes, and each use of the DIGITALPATH Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the DIGITALPATH Services, your sole and exclusive remedy will be to terminate your use of DIGITALPATH Services, although if you have a prepaid account you will not have the right to terminate your use of the DIGITALPATH Services unless the change is material and adverse to you.
The Rules are your entire agreement with DIGITALPATH and govern your use of the DIGITALPATH Services. DIGITALPATH reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which DIGITALPATH believes in its sole discretion to be illegal or potentially harmful to others or may expose DIGITALPATH to harm or liability. DIGITALPATH may suspend or terminate your use of DIGITALPATH Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. DIGITALPATH reserves the right to take or terminate the use of any Service at any time.
DIGITALPATH offers a variety of services, including Wireless Internet access services. DIGITALPATH retains the right at its discretion to make changes to the DIGITALPATH Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the DIGITALPATH Services. DIGITALPATH retains the right to change, suspend or terminate your use of the DIGITALPATH Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. If you have elected a prepaid, extended service agreement with DIGITALPATH, no refunds shall be given.
* Collection and Use of Personal Information
DIGITALPATH will collect, store, compile and utilize information about you, your computer, and your use of the DIGITALPATH Services including, without limitation, information that you provide in response to DIGITALPATH questionnaires, surveys and registration forms. DIGITALPATH will not provide this information to third parties including advertisers, clients, marketing organizations and others. DIGITALPATH will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information to third parties other than those acting on behalf of DIGITALPATH, unless you give DIGITALPATH consent to do so or except as may be required by law. Please refer to the Privacy Statement for the DIGITALPATH privacy policies and information practices.
2.0 Your Obligations
* Charges and Billing.
By using DIGITALPATH Services, you agree to accept the fees you may incur as a result of using DIGITALPATH Services, including but not limited to, long distance and toll call charges, supplementary call services, fees for supplemental services, such as additional bandwidth, or features and purchases made through the use of DIGITALPATH Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information; you agree that you are liable for payment of such fees. Billings for long distance and/or toll calls are billed in whole, one (1) minute increments. Any portion of a given minute will be rounded up to a whole minute increment and billed at the current per minute rate. DIGITALPATH reserves the right to change its fees or billing methods at any time and DIGITALPATH will provide thirty (30) days’ notice of any such changes in the same manner as described above for changes in the Rules and/or scope of DIGITALPATH Services. If you do not agree with these changes, you may stop using the DIGITALPATH Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). All DIGITALPATH Services are recurring in nature; as such you hereby authorize DIGITALPATH to charge the credit card number you provided to DIGITALPATH for such fees on a recurring or automatic basis, including additional services, such as long distance and toll call charges, supplementary call services, and additional bandwidth charges. You acknowledge and agree that DIGITALPATH will not need to obtain any additional authorization from you for this recurring payment. Every time you use DIGITALPATH Services, you re-affirm that DIGITALPATH is authorized to charge your credit card. If you have any billing-related questions or want to stop a recurring payment from being charged to your credit card account, call our toll-free number (1-800-676-PATH). Some fees that you may incur using the DIGITALPATH Services may accumulate on your DIGITALPATH account before they are charged to your credit card. Once the charges appear on your account, you are responsible for payment of such charges. DIGITALPATH will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than thirty (30) days past due. You will be liable for any fees DIGITALPATH incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to DIGITALPATH’s attention by you within ninety (90) days from the date you are billed. If you do not bring them to DIGITALPATH’s attention within (90) days, you agree that you waive your right to dispute such problems or discrepancies with DIGITALPATH. DIGITALPATH may suspend or terminate your use of the DIGITALPATH Services if you fail to provide a valid credit card number upon request or if DIGITALPATH is unable for any reason to bill your credit card for the fees you have incurred. DIGITALPATH may suspend and/or terminate your account if any additional charges, including but not limited to, long distance and/or toll calls accrue to an amount of greater than one hundred dollars ($100) within any billing cycle. This suspension and/or termination may be reversed at such time as payment for the balance has been made. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the DIGITALPATH Site.
If you are less than 18 years old, you must obtain your parent’s permission to use the DIGITALPATH Services. You may not obtain an account for DIGITALPATH Services unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services. If you are a parent permitting a minor to use DIGITALPATH Services, you agree to (i) exercise supervision over the minor’s use of DIGITALPATH Services and access to the Internet, (ii) assume all risks associated with the minor’s viewing of content received through use of DIGITALPATH Services and the minor’s transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor’s use of DIGITALPATH Services, including any and all payment obligations. DIGITALPATH might provide information on the DIGITALPATH Site regarding parental control software available through various third party vendors, but you should know that such software may not be completely effective in preventing minors’ access to material that is unsuitable for children. DIGITALPATH does not endorse any of these third parties and makes no representation as to them or their software.
* Registration Information.
You must register for DIGITALPATH Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. DIGITALPATH reserves the right to verify the accuracy of the information you submit in connection with your registration for DIGITALPATH Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to DIGITALPATH’s verification of such information.
* Bypassing or Disabling Any Portion of the DIGITALPATH Services or Software.
If you bypass or disable any portion of the DIGITALPATH Services or software, including, without limitation, attempts to circumvent DIGITALPATH’s billing of your Services in any way, you are in violation of these Terms and Conditions and we may suspend or terminate your use of DIGITALPATH Services without notice. Termination of your DIGITALPATH Services will not excuse you from your obligation to pay any outstanding balances on your account or amounts owed under your contract or any criminal or other civil liabilities that may result from your actions. If your DIGITALPATH Service is terminated for any reason you will be unable to access your DIGITALPATH account, including any undelivered email messages in your DIGITALPATH email account.
* Accessing DIGITALPATH Services.
Depending on which DIGITALPATH Service(s) you select, DIGITALPATH may lease a wireless modem, antenna and or other equipment to you. You are responsible for ensuring that no physical damage accept except normal wear, occurs to these devices that are owned by DIGITALPATH. If physical damage occurs as a result of your actions, you will be responsible to pay DIGITALPATH a fee of $200.00 USD. regardless of whether you continue service. If the leased equipment fails or is damaged, for a reason other than your actions, DIGITALPATH will replace your leased equipment free of charge for the life of your Service with DIGITALPATH. Upon termination of your Service(s) with DIGITALPATH you agree to return or allow access for a DIGITALPATH employee to collect all equipment leased to you. If you fail to return or allow DIGITALPATH access to the equipment, you will be billed and you will be liable to pay DIGITALPATH for equipment loss in the amount of $200.00. USD. This fee will be charged to your credit card on file without further notice or further need for additional authorization. Not under any circumstances will the setup fee be applied towards equipment fees. All setup fees are to cover installation costs and provisioning costs and are non-refundable, except with respect to DIGITALPATH’s thirty (30) day money back guarantee as defined on DIGITALPATH web site. Upon removal, whether during the thirty (30) day money back guarantee or after this period, DIGITALPATH, will leave the cabling in place from the antenna and modem to the computer and DIGITALPATH will not patch any holes. This is done because the customer may want to reactivate services at a later date.
* Responsibility of DIGITALPATH Technicians.
DIGITALPATH technicians will install your modem, antenna and analog telephone adapter in a safe, professional manner, at a location that is agreeable you to, provided however, DIGITALPATH is still able to deliver service at the installation location. DIGITALPATH technicians will comply with safety rules and regulations including, when applicable, the technician attaching a rooftop anchor system to CUSTOMER structure in order to safely access the work area per OSHA requirements for fall protection. DIGITALPATH technicians will route a cable from the outside modem and antenna to your computer. They will not be required to access the attic, crawl under the premises or to route the cable through walls. In a typical installation environment, the cable will be routed along the outside of the house in a neat and clean fashion and go through one exterior wall to connect to the computer. In some cases, the DIGITALPATH technician may deem it best to route the cable through an attic or under the premises, however they are not required to do so and an additional fee may apply for extraordinary installations. DIGITALPATH agrees to inform the customer of any additional fees prior of any work being started. During the installation process, damage may occur to the premises, including but not limited to, breaking of roof tiles. The technician will attempt to repair any damage at that time, including replacing of broken tiles, provided that the customer has spare tiles available. In the event that the damage cannot be repaired immediately, arrangements will be made for repairs to be completed as soon as possible. DIGITALPATH reserves the right to make any and all repairs in-house or through contracted services of Its choice. DIGITALPATH shall not be liable for any repairs made or billed to DIGITALPATH without DIGITALPATH’s written consent. DIGITALPATH will be responsible for returning the premises back to the original condition before the damage occurred provided the customer allows DIGITALPATH or its contractor’s access to repair such damages.
* Responsibility of CUSTOMER during installation.
After scheduling an installation of DIGITALPATH service, if customer desires to cancel or reschedule the installation they must notify DIGITALPATH customer service 24 hours before the scheduled installation. In the case that customer is calling outside business hours customer must leave a voicemail stating their desire to cancel or reschedule installation. Failure to provide notification to DIGITALPATH customer service 24 hours prior to scheduled installation will result in a $25.00 rescheduling fee which will be charged to customers Credit Card or customer will be invoiced if they have selected to pay by Check.
* Use of your DIGITALPATH Account.
You are responsible for any and all use of your DIGITALPATH Services, for the security of your login identification, your password and any security lock code that you use to protect access to your data, DIGITALPATH personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of DIGITALPATH Services or through other Internet services. You may not transfer or permit any other person to use your DIGITALPATH account. You may not use more than one login session at a time.
* DIGITALPATH does not provide personal firewall software for computers connected to the Internet through DIGITALPATH.
DIGITALPATH highly recommends a firewall is used and is kept on at all times. Failure to enable your firewall correctly could result in damage to your computer or loss of data.
* No Resale of DIGITALPATH Services and DIGITALPATH Site
The DIGITALPATH Services are for personal or business use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered.
* Transmission and Receipt of Content.
DIGITALPATH exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and DIGITALPATH related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through DIGITALPATH’s network or equipment are your sole and exclusive responsibility.
Data allowances for all new customers became effective as of 7/20/2015. Customers who signed up for service between 7/20/15 and 9/9/2015 have data allowances as follows: 3 Mbps plan = 75 GB, 6 Mbps plan = 150 GB, 10 Mbps plan = 250 GB, 15 Mbps plan = 300 GB, 20 Mbps plan = 350 GB per billing cycle. Customers who signed up for service after 9/9/2015 and rural customers who are out of contract are as follows: 3 Mbps = 75 GB, 6 Mbps = 100 GB, 6 Mbps Plus = 150 GB, 6 Mbps Premier = 200 GB, 6 Mbps Premium = 250 GB, 10 Mbps = 200 GB, 10 Mbps Plus = 250 GB. When a customer exceeds their data allowance in a billing cycle, they will be given the option to upgrade to a plan to support their actual data usage or see their speeds reduced to 0.5 Mbps for the remainder of the billing cycle. All “Pro” plan customers exceeding their data allowance will only have their speeds reduced to 0.5Mbps during peak hours for the remainder of the billing cycle. At the beginning of every billing cycle customers will have their full data allowance available at their regular speed. Data allowances are subject to change in order to support DigitalPath network capacity. Customers consistently exceeding data allowances on the highest plans may be asked to upgrade to a business premium plan or have their account terminated as determined by DigitalPath in its’ sole discretion.
* Traffic Prioritization
Customer traffic routing priority levels are based on data plan download speed and used only when network resources are near or at 100% capacity. Priority levels are as follows, lowest priority to highest priority: Priority 0 = deprioritized due to excess data usage. Priority 1 = 3 Mbps, Priority 2 = 6 Mbps, Priority 3 = 10+ Mbps, Priority 4 = Rural, Metro & Business “Pro” plans.
Routing Priority levels work as follows: Priority 4 customers experience the least delay, their data packets are sent out in the order they are received. Priority 3 customer’s packets may be delayed up to 1 transmission cycle if a higher priority customer has packets in the queue. Priority 2 customer packets may be delayed up to 2 transmission cycles if a higher priority customer has packets in the queue. Priority 1 customer’s packets may be delayed up to 3 transmission cycles if a higher priority user has packets in the queue. Priority 0 customer data packets may be delayed up to 4 transmission cycles if a higher priority user has packets in the queue.
Residential customers not on “Pro” plans exceeding their data allowance in a billing cycle will have their priority level set to 0 for the remainder of their billing cycle regardless of their data plans download speed. Residential Rural, Metro and Business “Pro” plan customers who exceed their data allowance in a billing cycle will have their priority level set to 2 for the remainder of their billing cycle.
* Heavy User Policy
Customers on plans that do not begin with “2000” or have “GB” in their plan name are subject to a heavy user policy that became effective on 2/1/15 or when their current contract expired for users who signed up prior to 12/31/14. A “heavy user” is defined as a customer whose total combined upload and download usage exceeds 300 GB within the last 30 days, or a customer’s upload usage exceeds 30 GB within the last 30 days. This policy prioritizes the usage of a “heavy user” behind the usage of other customers that have not exceeded the above thresholds. A ‘heavy user” will be de-prioritized only when the network they are connected to reaches 100% of its available resources. Once a heavy user’s consumption drops below the above thresholds, they will be returned to their normal priority level. This policy greatly improves network performance during peak times and is necessary to prevent a few users from negatively impacting the services of many. “Heavy users” may be terminated or required to upgrade their services as determined by DigitalPath in its’ sole discretion.
- DigitalPath Acceptable Email Use Policy
- DigitalPath has a policy for the use of email whereby the customer must ensure that they:
- comply with current legislation
- use email in an acceptable way
- do not create unnecessary business risk to the company by their misuse of the Internet
The following behavior by a customer is considered unacceptable:
- use of company communications systems to send chain letters
- distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, obscene or illegal
- distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered as harassment
- accessing copyrighted information in a way that violates the copyright
- breaking into the company’s or another organization’s system or unauthorized use of a password/mailbox
- transmitting unsolicited commercial or advertising material
- introducing any form of computer virus or malware into the network
Notices from DigitalPath
Users may receive announcements from time to time from DigitalPath via e-mail regarding various aspects of the Service, including without limitation notices of feature upgrades or changes, Service-affecting issues or events, special offers for Service users from DigitalPath distribution partners or other parties, etc.
Sending mass, unsolicited e-mail by Service users is prohibited. DigitalPath Internet Services reserves the right, in DigitalPath’s sole discretion, to determine whether such email constitutes unsolicited messages or transmission.
Sending unsolicited e-mail advertising a service or Website, newsgroup, etc. located or hosted within the DigitalPath Internet Service domain space or address space, or service otherwise associated with DigitalPath Internet Service is prohibited regardless of e-mail point of origin. Using a DigitalPath Internet Service e-mail address or website address to collect responses from unsolicited e-mail is prohibited.
Sending large volumes of unsolicited e-mail to a single user, or group of users, commercial or otherwise, by Service users is prohibited.
Sending outrageously threatening or harassing e-mail (for example, making terrorist threats, or threatening physical injury or damage to persons or property), especially after being requested to stop, is prohibited. However, not every “flame” message or angry exchange of e-mail can automatically be considered harassment. DigitalPath is not responsible for the content or tone of any e-mail or other transmissions of the subscribers to its Service or other parties using the Internet, and subscribers or others should not expect that DigitalPath will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. However, DigitalPath will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.
Subscribers also may not engage in the following while using the DigitalPath Internet Service:
Through action or inaction allowing the transmission of files that contain a virus or corrupted data.
In order to protect our subscribers and our network, DigitalPath may suspend and/or cancel a subscriber’s account if we believe that it is transmitting a virus to other Internet users or our network.
Other e-mail related issues
Subscribers also may not engage in the following activities while using the DigitalPath Internet Service:
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- Forging headers or identifiers in order to disguise the origin of e-mail;
- Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
- Using the DigitalPath Internet Service or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam;
- Harvesting or collecting information on others including e-mail addresses.
DigitalPath Internet Services may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any ‘spam’ or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then DigitalPath Internet Services may seek liquidated damages of five ($5.00) USD for each piece of ‘spam’ or unsolicited bulk email transmitted from or otherwise connected with your account.
DigitalPath accepts that the use of email is a valuable business tool. However, misuse of this facility can have a negative impact upon the reputation of the email servers and the reputation of the business.
Therefore, the company maintains the right to examine any systems and inspect any data recorded in those systems.
In order to ensure compliance with this policy, the company also reserves the right to use monitoring software in order to check upon the use and content of emails. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure agreed with customers.
Where it is believed that a customer has failed to comply with this policy, they will face the company’s disciplinary procedure. If the customer is found to have breached the policy, they will face a disciplinary penalty ranging from a written warning to suspension of the customer’s email account. The actual penalty applied will depend on factors such as the seriousness of the breach and the customer’s disciplinary record.
You may not incorporate a third party’s trademark within your DIGITALPATH email address without permission of the trademark owner. Files attached to email messages may not exceed 5 megabytes and DIGITALPATH shall have no obligation to transmit files exceeding 5 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 10 megabytes and DIGITALPATH shall have no obligation to allow your account to exceed 10 megabytes. Once your mailbox account storage reaches 10 megabytes you will not receive any additional email messages and DIGITALPATH may, without notice, terminate your DIGITALPATH email service and delete any or all email stored in your mailbox account. If your DIGITALPATH Services or DIGITALPATH email service is terminated, you will be unable to access any email messages in your DIGITALPATH email account.
* Indemnification of DIGITALPATH.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DIGITALPATH AND ITS PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF DIGITALPATH SERVICES THROUGH THE DIGITALPATH ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM DIGITALPATH’S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF DIGITALPATH SERVICES PROVIDED TO YOU.
3.0 Phone Usage
* 911 and e911 Services.
DIGITALPATH 911 and e911 service will connect you with the emergency 911 facility which is associated with the phone number that is assigned to you by DIGITALPATH or which you have chosen to have ported over from your existing phone company. As part of the e911 program, emergency response personnel will be provided with both the phone number you are calling from and the physical address at which the number is located. DIGITALPATH assumes no responsibility for any information, which has been provided by you, which is incorrect in nature and does not allow emergency response personnel to locate anyone using the Service at your location. Services are not to be moved to a new address without contacting DIGITALPATH. If Services are moved without DIGITALPATH’s knowledge, then all 911/e911 functionality will cease to provide emergency response personnel with proper location information.
* Service Outages Due to Power Failure or Disruption.
911/e911 dialing does not function in the event of a power failure or disruption. If there is an interruption in power to the equipment, the Service, including 911/e911will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911/e911.
* Service Outages Due to Internet Outage or Suspension or Termination of DIGITALPATH Services.
Service outages or suspensions or terminations of service by DIGITALPATH will prevent all Service, including 911/e911 from functioning.
* Service Outages Due to Suspension or Termination of Your DIGITALPATH Account.
Service outages due to suspension or termination of your account will prevent all Service, including 911/e911 from functioning.
*Other Service Outages.
If there is a Service outage for any reason, such outage will prevent all Service, including 911/e911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
*Disclaimer of Liability and Indemnification.
We do not have any control over whether, or the manner in which, calls using our 911/e911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911/e911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither DIGITALPATH nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911/e911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless DIGITALPATH, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911/e911 Dialing, incorrectly routed 911/e911 Dialing calls, and/or the inability of any user of the Service to be able to use 911/e911 Dialing or access emergency service personnel.
* Unlawful Use.
You shall use the Service only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, DIGITALPATH will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
* Inappropriate Conduct.
You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, DIGITALPATH will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. In order to safeguard DigitalPath’s network from the high bandwidth demands of certain programs, we will first lower that particular customer’s speed on our network, and may notify them via email. If the customer persists in using certain programs that impact network performance, we may terminate their Internet access all together, as this is a violation of our service agreement. Additionally, DigitalPath employs a propriety radio resource management protocol which ensures low latency and network availability to all customers by adjusting certain customers download and/or upload at certain times depending on the network demand.
* Phone Taxes and Surcharges.
Certain Service plans related to DIGITALPATH Services may include the assumption of applicable taxes and/or surcharges/fees by DIGITALPATH. In the event that changes to these taxes and/or surcharges/fees occur, as a result of changes in regulatory rulings, legislation or other means not addressed here, DIGITALPATH reserves the right to charge these taxes and/or surcharges/fees to your account. DIGITALPATH will make reasonable effort to provide notice in advance of the levying of any additional taxes and/or surcharges/fees.
4.0 Termination and Cancellation
5.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT DIGITALPATH SERVICES ARE PROVIDED “AS-IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE DIGITALPATH SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF DIGITALPATH SERVICES OR THAT DIGITALPATH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DIGITALPATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENTAND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. DIGITALPATH DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE DIGITALPATH SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING OR THAT DIGITALPATH WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. THIS AGREEMENT EXCLUDES ACTS OF NATURE, ACTS OF GOD, CRIMINAL ACTS, OR OTHER EXTENUATING CIRCUMSTANCES BEYOND OUR CONTROL.
6.0 Limitation of DIGITALPATH’s Liability
IN NO EVENT SHALL DIGITALPATH BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOOD WILL OR OPPORTUNITY) WHETHER OR NOT DIGITALPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. DIGITALPATH SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL DIGITALPATH’S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO DIGITALPATH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE DIGITALPATH SERVICES MAY BE BROUGHT BY YOU OR DIGITALPATH MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions; DIGITALPATH’s liability shall be limited to the greatest extent permitted by law.
7.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C.§ 512 as amended by Title II of the Digital Millennium Copyright Act, DIGITALPATH will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to DIGITALPATH and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, DIGITALPATH will terminate the infringing subscriber’s account. DIGITALPATH may also in its sole discretion decide to terminate a subscriber’s account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C.§ 512(c), DIGITALPATH has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. DIGITALPATH respects the intellectual property of others, and we ask our subscribers to do the same.
* Liability Limitation.
DIGITALPATH shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control.
* Entire Agreement.
These Rules (as may be modified by updated Rules on the DIGITALPATH Site) together constitute the sole agreement between DIGITALPATH and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.
* Legal Actions.
ARBITRATION AGREEMENT AND WAIVER OF CLASS REMEDIES
All disputes arising under or relating to this agreement shall be resolved exclusively through arbitration in Sacramento, California, before a single arbitrator, pursuant to JAMS rules for arbitration of disputes between a company and a consumer. Except as otherwise provided for by those rules, the arbitrator, and not any federal state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this agreement, including, but not limited to, any claim that all of any part of this agreement is void or voidable.
The parties further agree that they may only bring claims in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
* No Waiver.
Any failure of DIGITALPATH to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.