Effective Date: July 18, 2022
The following User Agreement informs you the terms, conditions, disclaimers, notices, policies, and agreements which set forth the basic rules that govern your access and use of DigitalPath Services (defined below in section 1.2) owned and/or operated by DigitalPath, Inc. and our subsidiaries (“DigitalPath”, “we”, “our”, “us”).
YOU AGREE THAT BY CLICKING “SIGN UP”, “JOIN” OR SIMILAR, REGISTERING, ACCESSING AND USING DIGITALPATH SERVICES, YOU ARE AGREEING TO ENTER INTO A LEGALLY BINDING CONTRACT WITH DIGITALPATH. IF YOU DO NOT AGREE TO BE BOUND BY THIS CONTRACT, 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 BE DEACTIVATED AND YOUR SERVICES WILL BE TERMINATED.
DIGITALPATH RETAINS THE EXPLICIT RIGHTS TO OUR SOFTWARE AND USE OF OUR SOFTWARE. THIS INCLUDES SOFTWARE AS A SERVICE, SOFTWARE INCLUDED ON HARDWARE, AND ALL OTHER SOFTWARE DEVELOPED BY, LICENSED OR USED BY DIGITALPATH FOR THE SERVICES PROVED. YOUR USE OF THE DIGITALPATH SERVICES DOES NOT GIVE YOU RIGHTS TO THE SOFTWARE. SHOULD YOU DISCONTINUE SERIVCES WITH DIGITALPATH, YOU AGREEE TO STOP USING ALL SOFTWARE AND WILL NOT ACCESS SUCH SOFTWARE ANY LONGER.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND DIGITALPATH AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DIGITALPATH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE.
This Agreement applies to websites located at www.digitalpath.net and any other websites linked to this Agreement (“Sites”), wireless Internet access services, software services, use of software, email services, phone services, remote camera monitoring services and other related features or services provided and operated by DigitalPath (together with Sites, collectively, the “DigitalPath Service(s)”).
When you register and join the DigitalPath Services, you become a Customer. If you have chosen not to register for our Services, you may access our Sites as a Visitor.
We may update, change, modify, add or remove portions of the Agreement from time to time as we update or expand our Services. Posting of the updated Agreement on our Sites with an “Effective Date” of the revisions will constitute notice to you of any such changes. If we make material changes that adversely impact you, we will use reasonable efforts to provide you with thirty (30) days advance notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you do not agree to changes to the Agreement or the scope of the DigitalPath Services, your sole and exclusive remedy will be to terminate your use of DigitalPath Services, 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. 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 Agreement. We encourage you to look for updates and changes to the Agreement by checking this page when you access our Services.
The Agreement constitutes your entire agreement with DigitalPath and governs your use of the DigitalPath Services. DigitalPath reserves the right to prohibit any conduct or to remove any materials or content in violation of this Agreement in which we believe in our 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 offers a variety of services, including Wireless Internet access Services. We retain the right at our sole discretion to make changes to the DigitalPath Services, including 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.
The DigitalPath Services are not for use by anyone under the age of 18. By signing up or obtaining an account for the DigitalPath Services, you represent and warrant that (a) the information you submit to us is truthful and accurate; (b) your use of the DigitalPath Services does not violate any applicable law or regulation; and (c) you are 18 years or older or otherwise have legal capacity to legally enter into this Agreement. If you are less than 18 years old, you must obtain your parent’s permission to use the DigitalPath Services. If you are a parent permitting a person under the age of 18 (“Minor”) to use DigitalPath Services, you agree to (a) exercise supervision over the Minor’s use of DigitalPath Services and access to the Internet; (b) 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; (c) assume any and all liabilities resulting from the Minor’s use of DigitalPath Services, including any and all payment obligations. We might provide information on our Sites 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.
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.
We reserve the right to change our fees or billing methods at any time and we may provide thirty (30) days’ notice of any such changes in the same manner as described above in Section 1.4 for changes to the Agreement and/or the 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, or bank account 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. DigitalPath will not be responsible for any charges from your bank or institution for insufficient funds or overdraft fees. Every time you use DigitalPath Services, or if you do not cancel your account, you re-affirm that DigitalPath is authorized to charge your bank account or credit card provided. If you have any billing-related questions or want to stop a recurring payment from being charged to your account, call our toll-free number (800-676-PATH (7284)). Some fees that you may incur using the DigitalPath Services may accumulate on your DigitalPath account before they are charged to your credit card or Bank Account. 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 we incur in our efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to our attention by you within ninety (90) days from the date you are billed. If you do not bring them to our attention within (90) days, you agree that you waive your right to dispute such problems or discrepancies with DigitalPath.
We may suspend or terminate your use of the DigitalPath Services if you fail to provide a valid credit card number upon request, your bank payment is rejected, your check or cash are not received by the due date on your invoice, or if we are unable, for any reason, to bill your or bank account for the fees you have incurred. You may make a payment via credit card, ACH, cash or check to bring your account to a current status before we may decide to turn access to the Internet back on to your account. We 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, bank information 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. We may require a police report, fraudulent activity letter to your banking facility or a letter from your credit card company in order to reverse and stop all transactions to your account. You may obtain pricing information for supplemental services or features, as well as answers to common billing questions on our Sites.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, in this agreement, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree that DigitalPath or DigitalPath‘s Technicians that install or provide the Services may call or text you at any telephone number you provide to DigitalPath or that DigitalPath issues to you, for any purpose relating to your Account and/or the services to which you subscribe. You agree to keep your contact information up to date. The notices and messages may contain, including but not limited to, feature upgrades or changes, service-affecting issues or events, special offers for you from DigitalPath distribution partners or other parties.
You may be required to register an account and specify a password to use certain DigitalPath Services (“Account”). You must register for DigitalPath Services using your own name. During registration, you will be asked to provide a unique name or phone number that you wish to use as your 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.
You agree that you are responsible for all activities under your Account, and for maintaining the confidentiality of your password and restricting access to your computer and equipment so others may not access DigitalPath Services in violation of this Agreement. You agree to notify us of any unauthorized use of your Account or any other breach of security that you become aware of involving or relating to a Service by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your User Account.
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 this Agreement, and we may suspend or terminate your use of DigitalPath Services without notice. Termination of your DigitalPath Services will not excuse you from (a) your obligation to pay any outstanding balances on your account, (b) amounts owed under your contract, (c) 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.
Depending on which DigitalPath Service(s) you select, DigitalPath may provide a wireless modem, antenna and or other equipment to you. You are responsible for ensuring that no physical damage, 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 up to $750.00 USD, depending on the device placed at your facility for your services, regardless of whether you continue using DigitalPath’s Services. If the equipment provided to you fails or is damaged, for a reason other than your actions, DigitalPath will replace the equipment provided to you free of charge for the term of your DigitalPath Services. DigitalPath makes no warranties with respect to equipment provided by DigitalPath, and disclaims any and all implied warranties, including warranties of non-infringement, merchantability or fitness for a particular purpose or use. You shall not connect, directly or indirectly, any additional electrical or mechanical devices to DigitalPath’s equipment without the prior written consent of DigitalPath. Should any interconnected device or facility provided by you fail to comply with the technical specifications established by DigitalPath or applicable laws and regulations, DigitalPath reserves the right to immediately terminate the Services without notice to you.
Upon termination of your Service(s) with DigitalPath you agree to return or allow access for a DigitalPath employee to collect all equipment provided 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 the equipment loss in the amount of up to $750.00 USD, depending on the device placed at your facility for your services. 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 some Customers may want to reactivate services at a later date.
As a DigitalPath Service Customer, it is your responsibility to secure your computer and network equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. In all cases, you are solely responsible for the security of any device you choose to connect to the DigitalPath Services, including any data stored or shared on that device. You are responsible for any misuse of the DigitalPath Services, even if the misuse was committed without your authorization. Therefore, you must take steps to ensure that others do not use your computer or network to gain unauthorized access to the DigitalPath Services or to use the DigitalPath Service in an unauthorized manner.
Our technicians will install your modem, antenna and analog telephone adapter in a safe, professional manner, at a location that is agreeable to you, provided however, DigitalPath is still able to deliver service at the installation location. Our technicians will comply with safety rules and regulations including, when applicable, the technician attaching a rooftop anchor system to your home or business in order to safely access the work area per OSHA requirements for fall protection. Our 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 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 you 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 if the damage was avoidable. Damage to roof tiles or other structural damage that is due to the age of a structure, and the age and condition were not communicated with the technician, will not be the responsibility of DigitalPath. If it was the decision of the customer to allow DigitalPath employees on their roof, knowing the age and condition may cause damage to the roof or building, DigitalPath will not be responsible for such damage. 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 prior written consent. DigitalPath will be responsible for returning the premises back to the original condition before the damage occurred provided you allow DigitalPath or our contractor’s technician’s access to repair such damages.
After scheduling an installation of DigitalPath Services, if you desire to cancel or reschedule the installation, you must notify DigitalPath customer service 24 hours before the scheduled installation. In the case that you are calling outside business hours, you must leave a voicemail stating your 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 your credit card, or you will be invoiced if they have selected to pay by check.
Customers who choose to perform self-installation assume all liability for damage, destruction, injury or death to any persons or property during the installation process or as a result of the installation, regardless of any advice or instruction they may have received from DigitalPath employees or representatives. Compliance with safety requirements and building codes are the responsibility of the Customer. Refer to Sections: WARRANTY DISCLAIMERS, LIMITATION OF DIGITALPATH’S LIABILITY and INDEMNIFICATION. If you are unwilling or unable to accept these responsibilities, disclaimers, limitations of liability and indemnification obligations, do not perform self-installation of the DigitalPath provided equipment.
The following Acceptable Use Guideline (“Guideline”) outlines acceptable use of the DigitalPath Services, as well as permissible and prohibited conduct for using the wireless Internet access service to access the Internet.
It is the responsibility of all DigitalPath Customers and all others who have access to DigitalPath ‘s network to comply with this Guideline. Failure to comply with this Guideline could result in the suspension or termination of your Services. IF YOU DO NOT AGREE TO COMPLY WITH THIS GUIDELINE, YOU MUST IMMEDIATELY STOP USE OF THE SERVICE AND NOTIFY DIGITALPATH SO THAT YOUR ACCOUNT MAY BE CLOSED. WE RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE SERVICE AND ANY APPLICABLE USER AGREEMENTS OR SERVICE ORDERS IF YOU ENGAGE IN ANY OF THE PROHIBITED ACTIVITIES LISTED IN THIS GUIDELINE OR IF YOU USE THE DIGITALPATH EQUIPMENT OR SERVICE IN A WAY WHICH IS CONTRARY TO ANY DIGITALPATH POLICIES. You must strictly adhere to any policy established by another service provider that you access through the DigitalPath Services.
Prohibited uses include, but are not limited to, using the DigitalPath Service, customer equipment, or the DigitalPath equipment to:
DigitalPath does not routinely monitor the activity of Accounts for violation of this Guideline. However, in our efforts to promote good practice within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although DigitalPath has no obligation to monitor use of the Service and/or the network, DigitalPath reserves the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Guideline; and to protect our Services, our Customers and other parties.
If the DigitalPath Services are used in a way that DigitalPath, in their sole discretion, believe violate this Guideline, DigitalPath may take the responsive actions that we deem appropriate. These actions may include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of your Account. DigitalPath reserves the right to investigate suspected violations of this Guideline, including the gathering of information from the Customers or Visitors involved and the complaining party, if any, and examination of material transmitted over DigitalPath’s network.
You expressly authorize DigitalPath to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Guideline. This cooperation may include DigitalPath providing available personal information about you to law enforcement or system administrators, including, but not limited to, subscriber name, IP address, information regarding your use of the Service and other account information.
DigitalPath does not provide personal firewall software for devices connected to the Internet through DigitalPath wireless internet access service. We highly recommend you implement a firewall and is kept it on at all times. Failure to enable your firewall correctly could result in damage to your devices or loss of data.
DigitalPath exercises no control over the content of information passing through our network, devices, or equipment. Disputes may arise between you and others or between you and DigitalPath related to such content. 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.
DigitalPath implements data allowances for each billing cycle for all Customers of the DigitalPath Services. When a Customer exceeds their data allowance in a billing cycle, they will be given the option to either upgrade to a plan with higher data usage or possibly have their speeds reduced for the remainder of the billing cycle. At the beginning of every billing cycle, Customers will have their full data allowance available at their plan speed. Data allowances are subject to change in order to support DigitalPath network capacity. Customers consistently exceeding data allowances on the highest residential plans may be asked to upgrade to a business grade plan or have their account terminated in DigitalPath’s sole discretion.
Customer traffic routing is prioritized based on plan types. Prioritization is implemented when network resources are near or at 100% capacity. Typically, business customers receive the highest priority and customers that have exceeded their data allowance receive the lowest priority.
A “heavy user” is defined as a Customer whose total combined upload and download usage exceeds 300 gigabits within the last 30 days, or a Customer whose upload usage exceeds 30 gigabits within the last 30 days. “Heavy users” will be assigned the lowest priority with respects to Traffic Prioritization until their usage drops below the established thresholds. “Heavy users” may be terminated or required to upgrade their services in DigitalPath’s sole discretion.
While using the DigitalPath email services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws; use email services in an acceptable manner; and not create unnecessary business risk to DigitalPath by misusing the Internet. You are prohibited from:
When using DigitalPath email service, you are prohibited from sending outrageously threatening or harassing email (for example, making terrorist threats, or threatening physical injury or damage to persons or property), especially after being requested to stop. However, not every “flame” message or angry exchange of email can automatically be considered harassment. DigitalPath is not responsible for the content or tone of any email or other transmissions via our Services. You should not expect DigitalPath 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.
In order to ensure compliance with this DigitalPath Email Service Usage Policy, although DigitalPath has no obligation to monitor use of our email service, DigitalPath reserves the right at any time to use monitoring software in order to check upon the usage, transmissions, and content of emails, to identify violations of this Email Service Usage Policy, the general Acceptable Use Guideline, and to protect our Services, our Customers and other parties.
Files attached to email messages may not exceed 15 megabytes and DigitalPath shall have no obligation to transmit files exceeding 15 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 50 megabytes and DigitalPath shall have no obligation to allow your account to exceed 50 megabytes. Once your mailbox account storage reaches 50 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.
Where it is believed that you have failed to comply with this policy, DigitalPath may impose a disciplinary penalty to you, ranging from a written warning to suspension of your email account, depending on factors such as the seriousness of the breach and your disciplinary record.
Additionally, DigitalPath may immediately terminate any Customer Account which we determine, at our sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk email practices. If actual damages cannot be reasonably calculated for such violation, DigitalPath 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.
Our E911 services will route your call to a public safety answering point (PSAP) based on the address given to DigitalPath when you signed up for service and/or ported over your phone number. 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 assigned to. 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 E911 functionality will cease to provide emergency response personnel with proper location information.
E911 dialing may not function in the event of a power outage, equipment malfunction, network disruption or if the equipment associated with the DigitalPath Services is unplugged. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including E911. Service outages due to Internet outages or suspension or termination of DigitalPath Services may also interrupt your ability to use E911.
We do not have any control over whether, or the manner in which, E911 calls are answered or addressed by any PSAP. We disclaim all responsibility for the conduct of local PSAPs and/or a national PSAP. We rely on third parties to assist us in routing E911 calls to local PSAPs and to a national PSAP. 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 our 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 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, our 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 E911 dialing, incorrectly routed E911 dialing calls, and/or the inability of any user of the Service to be able to use E911 dialing or access emergency service personnel.
This Agreement is in effect until terminated by you or us. We may terminate the Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your User Account. You can cancel your DigitalPath Services by following the instructions on the DigitalPath Site. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to our Services at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, (i) 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 the DigitalPath Services; (ii) you will immediately cease all use of and access to the Services; and (iii) we may delete or disable your access to any DigitalPath Services at any time. If this Agreement terminates, DigitalPath reserves the right to delete all of your data, files, electronic messages, voicemails, user account names, email addresses, IP addresses, websites, or other information that are stored and/or used with the Services. If you cancel phone service without porting your service or telephone number to another service provider, you will forfeit the telephone number. DigitalPath will not be liable for the loss of any data, information, or phone numbers.
If you terminate your services with DigitalPath, it is your responsibility to ensure that all billing charges have ceased. Should you fail to recognize that your payment method is continuing to be charged, it is your responsibility to inform DigitalPath of this error. DigitalPath will not be responsible for charges to your credit card or bank account beyond 90 days after cancelation of the DigitalPath Services. If you do not allow DigitalPath to collect our equipment, or the equipment is damaged, you will be responsible for a fee of up to $750.00 that will be charged to the payment method given by you to us.
You agree that if your use of DigitalPath Services is terminated pursuant to this Agreement, you will not attempt to use that Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Service after termination will be a violation of this Section, which survives any termination.
Early Termination Fees may still apply if you signed up for a plan that carries a 12-month commitment, and you cancel within the first 12 months. Any amounts owed by you to DigitalPath for early termination, past due amounts, un-returned equipment, or any other charge due will automatically be charged to your credit card on file without obtaining your further consent. Your initial and or continued use of the DigitalPath Services is your consent to these charges being applied to your credit card.
The provisions of this Agreement concerning protection of intellectual property rights, acceptable and prohibited use, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
THE DIGITALPATH SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, INSTRUCTIONS, EQUIPMENT AND MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE DIGITALPATH SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE DIGITALPATH SERVICES WILL MEET CUSTOMERS OR VISITORS’ REQUIREMENTS. NO ADVICE, RESULTS, INSTRUCTION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. DIGITALPATH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO OR USE OF DIGITALPATH SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO THROUGH THE DIGITALPATH SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE DIGITALPATH SERVICES. IF YOU ARE PERFORMING SELF-INSTALLATION OF EQUIPMENT PROVIDED BY DIGITALPATH, DIGITALPATH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE, DESTRUCTION, INJURY OR DEATH TO ANY PERSONS OR PROPERTY DURING THE INSTALLATION PROCESS OR AS A RESULT OF YOUR SELF-INSTALLATION.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, DIGITALPATH AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED THROUGH OUR SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH DIGITALPATH OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR SERVICES ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND DIGITALPATH OR ITS LICENSOR OR SUPPLIER.
YOU ACKNOWLEDGE, BY YOUR USE OF OR INSTALLATION OF DIGITALPATH SERVICES: (1) THAT YOUR USE OF OR INSTALLATION OF THE SERVICES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY PROPERTY OR EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES; AND (3) IN NO EVENT SHALL DIGITALPATH BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT 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, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), 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 BY YOU TO DIGITALPATH FOR THE PRIOR MONTH’S USE OF THE SERVICES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF YOUR USE 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 the exclusion or 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.
You agree to defend, indemnify and hold DigitalPath and our directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with any DigitalPath Services; (iii) any information you submit, transmit, or make available through the DigitalPath Services; or (iv) Customers self-installation or modification of DigitalPath provided equipment. DigitalPath reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DigitalPath’s defense of such claim.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
8.1 Initial Dispute Resolution. We are available by email at firstname.lastname@example.org or by mail at 1065 Marauder Street, Chico, CA 95973 to address any concerns you may have regarding your use of the DigitalPath Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
8.2 Agreement to Binding Arbitration. For Customers of the DigitalPath Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 8.1 above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 8(d), all claims arising out of or relating to this Agreement (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the DigitalPath Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in the Sacramento, California, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Sacramento, California.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
8.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 8.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
8.4 Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.
8.5 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 8(b) and 8(c) by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of this Agreement containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
8.6 Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DigitalPath Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 8(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Sacramento, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to this Agreement or the DigitalPath Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
8.8 Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
8.9 Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
DigitalPath respects the intellectual property of others, and we ask you to do the same.
If you are a copyright owner or an agent of a copyright owner and you believe your rights under U.S. copyright law have been infringed, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to firstname.lastname@example.org with the Subject Line “DMCA Notice”, and include the following:
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our Customer’s access to and use of our Services if, under appropriate circumstances, the alleged Customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of DigitalPath or others.
10.1 No Waiver. DigitalPath may decide not to enforce our rights or exercise a remedy under this Agreement in any specific instance. Any such decision not to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of DigitalPath’s rights or remedies available at law or in equity.
10.2 Entire Agreement. This Agreement reflect the entire agreement between DigitalPath and you respecting the subject matter hereof and fully supersede any and all prior agreements, representations, statements, and understandings, either oral or in writing of the parties.
10.3 Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
10.4 Assignment. DigitalPath may assign our rights and delegate our obligations under this Agreement, in whole or in part, at any time with or without notice to you, and this Agreement will be binding upon and inure to the benefit of DigitalPath’s successors and assigns. DigitalPath shall have the right to assign this Agreement, at our sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any).
10.5 Force Majeure. Neither party shall be liable for any delay or failure of performance due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Services; or strikes, lock-outs, work stoppages or other labor difficulties.
11.1 Blocking. DigitalPath does not block lawful traffic.
11.2 Throttling. DigitalPath does not throttle traffic. See ‘Data Allowances’ and ‘Traffic Prioritization’.
11.3 Affiliated Prioritization. DigitalPath does not prioritize traffic for the benefit of affiliates.
11.4 Paid Prioritization. See ‘Traffic Prioritization’
11.5 Congestion Management. Our congestion management practice is to build capacity into each network segment capable of handling peak customer traffic, react to congestion as it arises by proactively and reactively implementing repairs and upgrades on our network. All traffic, with the exception of VoIP traffic, is affected equally, based on the subscriber plan prioritization. The purpose of this practice is to not unfairly impact specific subscribers or specific traffic, resulting in the best possible user experience during congestion events. Criteria used in determining congestion include latency, packet loss and review of traffic and link capacity. Congestion events vary and can occur daily, weekly or monthly. Customers that exceed the usage limits in their plan may experience a reduction in speed. DigitalPath implements Radio Resource Management software and proprietary network monitoring systems as part of the management practices for managing network capacity and managing congestion.
11.6 Application-Specific Behavior. Traffic that has been identified as related to a DDOS (Denial of Service Attacks) or other types of attacks or traffic identified to contain viruses/malware is automatically or manually blocked. No other traffic is intentionally blocked with the exception of known windows ports which can be remotely compromised.
11.7 Device Attachment Rules. 802.11 devices can connect wirelessly to certain network components, other devices can be connected through an Ethernet cable. All connections require authentication through an active subscriber account. DigitalPath reserves the right at our discretion to block specific devices which might be believed to be compromised from a virus or worm, malware or other issue which could generate problems for other subscribers and the overall health of the DigitalPath Network.
11.8 Security. A basic firewall is installed on every end-user Customer’s premise equipment. VLAN’s and network segmenting provide additional security.
12.1 Service Description. The delivery of DigitalPath Services may include 3rd party and/or DigitalPath proprietary 802.11 a, b, n, and ac wireless devices. Some user selected Service plans may not be capable of supporting all real-time applications. In most cases, actual and expected speeds are consistent with the service plan purchased. Latency varies between 7ms and 100ms based on location and other factors. Customers may see occasional fluctuations in subscribed speeds. Fluctuations or reductions in subscribed speeds are based on a variety of factors, including but not limited to, network usage, upstream providers, data allowances, provided equipment types and environmental impacts. Signal issues or other factors beyond DigitalPath’s direct control may cause sustained reduced performance in certain situations. DigitalPath does not guarantee uptimes, speeds or latency due to the variable listed above.
12.2 Impact of Non-Broadband Internet Access Service Data Services. DigitalPath only provides Broadband and VoIP services at this time. VoIP services have little to no impact on overall broadband network capacity and performance.
13.1 Monthly Service Prices. See DigitalPath website for residential and business plan pricing. Existing Customers may refer to their monthly bill or log into the customer portal.
13.2 Usage Based Fees. DigitalPath does not charge usage-based fees beyond what is charged on a monthly basis for the subscribed service(s).
13.3 Early Termination Fees. DigitalPath does charge early termination fees. The minimum termination fee is $250 if service is canceled prior to the end of the agreement term. Some Business customers may have an early termination fee that is higher and based on the remainder of the contract term for all services contracted.
You may contact DigitalPath at 800-676-PATH (7284) and select the department pertaining to the concern or email email@example.com. If the representative was unable to resolve the issue, ask to speak to a DigitalPath manager. If you feel that the complaint still has not been properly addressed, you may choose to proceed as outlined in Section 8 above.