DCMWIMAX.com

Effective November 1, 2016

This Wireless Internet Access Service Agreement “Agreement” is between you, the “customer” and Del Nero Communications Management, LLC “DCM”. This Agreement is referred to as the “Terms of Service”. By using DCM’s Service and Equipment either leased equipment or purchased equipment, you agree to be bound by and comply with the following terms and conditions of this Agreement. The additional terms stated in your month to month service contract are incorporated herein by reference and are part of this Terms of Service.

Terms of Service Updates: The current version of this Terms of Service Agreement can be found at www.dcmwimax.com. DCM reserves all rights including the right to revise, amend, or modify this Agreement or any other policy at any time, by sending you an email notification to the email address listed on your contract, or by announcing any amendments or modifications in the “Policy” section at www.dcmwimax.com. Such amendments or modifications will become effective on the date we send them to you by email, or the date we announce them on our website, whichever is earlier; afterwards, your continued use of the Service will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may follow DCM’s “Return & Cancelation Policy”.

Monthly Payments: Invoices are sent monthly by email. Since DCM’s service plan is month to month, there are no contracts. Payments are due on the 1st day of each month for that month of service. (Example: January services are due January 1st, February services are due February 1st)

Payment Methods: The payment methods accepted are: cash, personal checks, business checks, money orders, or cashier’s checks, or Auto Pay using ACH Clearing House thru our bank. Another payment option is to use online bill pay thru your bank. Set your payment up for 5-6 days before the end of the month to allow for mail time. If paying by check, please make checks out to DCM. Our mailing address is PO Box 787, Norman, Oklahoma 73070. If you would like to pay in cash, please call 405-364-4800 and we will provide you with some options.

Late Payment and NSF: If your payment is not received by the 5th day of the month, your service will be suspended until payment is received. There is a $15 reconnection charge for service that has been suspended. For payments made with insufficient funds, there will be an added expense of $25.00 per transaction and your service will be suspended until payment is paid in full. We reserve the right to permanently cancel our service with you if we have excessive issues with late payments or insufficient funds. For new service that is connected on the 2nd day of the month or after, your service will be prorated for that partial month.

DCM’s Business Hours: Monday-Friday 8AM-5PM. We will be closed for business on holidays. Our phone is 405-364-4800. Please leave a message if we are unavailable to take your call.

Our Purpose: DCM provides Internet to the D-Mark in your home or business. In our wireless internet business, the demarcation point (D-Mark) is the point at which the Internet connection ends with DCM and connects with the customer’s network. The D-Mark is the POE injector that is either a white box with a green light or a black box with a blue light in most cases.

Speed and Bandwidth: Customer acknowledges that speed and bandwidth available to each computer or device connected to their network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that DCM reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to DCM’s Acceptable Use Policy. With the 2 Meg plan, you will receive up to 2 Mbps download speed and the 4 Meg plan, you will get up to 4 Mbps download speed.

Speed Test: Often DCM will ask the customer to do a speedtest using one computer or laptop. All other devices in the home or business should be off or not connected to the Internet. Go the website www.speakeasy.net Customer should select Dallas, Texas server and take 3 test readings and document the exact time and date for DCM to review. Email DCM at service@dcmwimax.com or call 405-364-4800 to let DCM know the results.

Networking Assistance: DCM offers networking for a charge of $75 per hour. This includes all of your devices that connect to the internet, such as but not limited to: router, computers, laptops, game stations, televisions, tablets, and cell phones.

Technical/Equipment Problems: If a customer is having trouble with their connection to the Internet, they will need to call 405-364-4800 from the location of where service is provided. If more than 10 minutes of trying to diagnose the problem over the phone is required, the customer will need DCM to provide a service call to their home or business to locate the problem. If the problem is located before the D-Mark, then it is DCM’s responsibility to correct the problem with no charge to the customer. The exception to this would be if equipment or materials used in the install have failed due to abuse, misuse, neglect, theft, vandalism, fire, wind, hail, lightening, animals, unusual physical or electrical stress, water, extremes of temperature, an act of God, other contractors on your home or business premise providing work or estimates, your failure to comply with DCM’s policies or other instructions provided by DCM, actual or attempted alteration of or additions to the equipment not approved by DCM, or any other cause beyond the reasonable control of DCM as determined by DCM. The customer would then cover the cost of equipment and materials needed and $75 per hour labor charge payable within 30 days. If DCM determines that the problem is the customer’s network (including the customer’s router), the cost is $75 per hour payable within 30 days.

Additional Service Requested by DCM: DCM may require you to cooperate with and consent to remote and/or on-site such as service level verification and/or troubleshooting. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service, in which case you will be liable for following our Return & Cancelation Policy.

Equipment Purchased before June 30, 2011: For customers who purchased their equipment from DCM before June 30, 2011, this is your Equipment Warranty: DCM warrants to you that the Equipment and its installation by DCM will be substantially free from material defects, under normal use in compliance with DCM instructions, for a period of three (3) years from the date you receive the Equipment or installation ("Limited Warranty"). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, wind, hail, lightening, animals, unusual physical or electrical stress, water, extremes of temperature, an act of God, other contractors on your home or business premise providing work or estimates, your failure to comply with DCM’s policies or other instructions provided by DCM, actual or attempted alteration of or additions to the equipment not approved by DCM, or any other cause beyond the reasonable control of DCM as determined by DCM. Repair or replacement is DCM’s discretion. This Limited Warranty is personal to you, and will terminate immediately upon the sale or transfer of the Equipment or 3 years from installation date whichever is earlier.

Customers with installs after July 1, 2011: For almost all customers who have had installs after July 1, 2011, the equipment is owned by DCM with the exception of the customer’s router or routers and also a few customers whose ownership of equipment is noted on either their month to month contract or their install invoice. If our equipment or materials used in the installation have failed due to abuse, misuse, neglect, theft, vandalism, fire, wind, hail, lightening, animals, unusual physical or electrical stress, water, extremes of temperature, an act of God, other contractors on your home or business premise providing work or estimates, your failure to comply with DCM’s policies or other instructions provided by DCM, actual or attempted alteration of or additions to the equipment not approved by DCM, or any other cause beyond the reasonable control of DCM as determined by DCM, then the customer is financially responsible. The customer would cover the cost of equipment and materials needed and $75 per hour labor charge payable within 30 days. If DCM determines that the problem is the customer’s network (including router), the cost is $75 per hour payable within 30 days.

Location of Equipment: If the equipment is on a customer’s roof or under the eve of their home or business and they need to do repairs, they must contact DCM to remove the equipment before the necessary work is done. After work has been completed, DCM will reinstall equipment and realign. If there is damage to original equipment or material, the customer will be billed accordingly for equipment and materials and a $75 per hour labor charge for our services.

Routers: All routers purchased from DCM or elsewhere are the property of the customer. If a router is purchased from DCM, it has a warranty of 30 days. Routers usually have a life span of 3-5 years depending on usage. DCM can offer assistance in recommendations for a new router for your home or business.

Contact Information/Bill to Address Change/Moving: You are required to contact us within 15 days with any changes to your contact information, phone number, email address, or new bill to address. If you are moving, you are also required to call us within 15 days with your status.

Problems/Complaints: Any problems or complaints may be sent by email to: service@dcmwimax.com, or by calling Customer Support at 405-364-4800, or by mail at DCM, PO Box 787, Norman, OK 73070. At DCM we take pride in customer service. We will do our best to correct any problems or complaints.

Service Disruption or Maintenance Outages: In order to provide the best possible service to our customers, DCM must perform maintenance on its network. In some cases this may require DCM to conduct either a planned or unplanned interruption of the Service. DCM will use reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that DCM shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. No refunds or credits will be made for any Service outages.

Termination of Contract: You may discontinue this Agreement at anytime, however you and your service will be subject to our “Return & Cancelation Policy”. Upon termination of this Agreement for any reason, DCM and its suppliers reserve the right, to the extent permitted by applicable law, to delete any data stored on DCM’s servers or systems. DCM and its affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.

Privacy: DCM's Privacy Policy is exactly that. Your information is private. We do not sell, collect or do anything with your personal information. Also, we do not consult Credit Reporting Agencies.

Assignment of Services: You may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of DCM. Any such assignment without consent will be void.

Homeowners/Renters: Homeowners may set up service with DCM at anytime. Renters will need to get written permission with a contact phone number for DCM to verify an install for our service. DCM is not responsible if a person calls in for service and is only the renter. Any issues the landlord has will be with the renter who called for service and not DCM.

Acceptable Use Policy: The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. DCM reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy. Please read our Acceptable Use Policy carefully.

Equipment Tampering: You may not use with our Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from DCM. In addition, you may not use with the Service any serviced, altered, modified, stolen, or tampered equipment, or permit any other person (unless authorized in advance by DCM in writing) to do so. You may not move equipment that has been installed by DCM for any reason.

Theft of the Service or Leased Equipment: You must notify DCM immediately, in writing or by calling DCM Customer Care, if any leased or purchased Equipment is lost or stolen or if you become aware at any time that DCM’s Service is being stolen or fraudulently used.

Limitation of Liability: (a) in no event shall DCM be liable or obligated in connection this agreement, under any theory, whether in contract, tort, negligence, privacy, security, strict or product liability, breach of warranty, or other legal or equitable theory: (i) for any amounts in excess of the aggregate of the fees paid to DCM for the applicable service or equipment hereunder during the three (3) month period immediately preceding the occurrence giving rise to liability; (ii) for any cost of procurement of substitute goods, technology, service, products, or rights; (iii) for any loss or corruption of data, delayed, degraded or interrupted use of the service or access to the internet, or damage to any hardware, software, or the service location; (iv) for any indirect, special, incidental, punitive or consequential damages and/or lost profits; (v) for any lack or breaches of security of the service or in the storage or integrity of your data or any user's data; or (vi) for any damages arising from any delay or failure in performance due to events or causes outside DCM’s reasonable control. (b) the exclusions and limitations in this section shall apply whether or not DCM was informed of the likelihood of any particular type of damages, and even if any remedy fails of its essential purpose. If you are dissatisfied with the service or equipment or if you have any other dispute with DCM, or claim against DCM, then your sole and exclusive remedy is to discontinue using the service and any liability will be limited to the recovery of your direct damages, limited to the amount and by the exclusions set forth in this section. The limitations and exclusions in this section will survive the termination or expiration of this agreement.

Indemnification: You will defend, indemnify, and hold harmless DCM employees and owners against any and all claims, losses, damages, and liabilities arising from the use or misuse of the Service and/or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with DCM's installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the DCM’s Parties and pay each DCM’s Parties reasonable attorneys' fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination of this Agreement for any reason.

Del Nero Communications Management, LLC
Acceptable Use Policy
Effective March 1, 2013

Please read and follow this Acceptable Use Policy carefully. This policy may be revised at any time. The most recent Acceptable Use Policy can be found on our website at www.dcmwimax.com. Just click on the policy section.

Del Nero Communications Management, LLC (DCM) has created this Acceptable Use Policy (AUP) governing DCM's service to ensure the integrity of its wireless broadband network and enhance the use of the services for all of DCM's customers by designating standards for acceptable and unacceptable use. This AUP is part of the Terms and Service Agreement between DCM and you the customer or business. By using our service or any equipment purchased or leased by you from DCM, you agree to be bound by and will comply with the terms and conditions of this Acceptable Use Policy.

Service:

The Service provided to you is intended for reasonable, periodic, non-continuous use by a person using a computing device, consistent with the type of use made by a typical individual consumer of our Internet services. Examples of allowed uses of our Service include web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous streaming of videos and downloading of files.

Examples of Uses that are Not Permitted:

1. Continuous unattended streaming.

2. Maintaining an unattended or continuous uninterrupted connection to the Internet such as through a web camera or machine to machine connections that do not involve active participation by a person.

3. Operating an Internet hosting service such as web hosting or game hosting.

4. You may not use the Service in a manner that impairs the experience of other users, or that otherwise impairs network performance. This wireless Internet service has limited bandwidth capacity, and can suffer from congestion and/or reduced performance when usage by some individuals exceeds the usage of typical individual consumers, thus having a negative impact on the entire network.

5. The Service provided to you is not to be distributed freely or re-sold to any other person or persons engaging in activities of ISP’s (Internet Service Providers) or WISP’s (Wireless Internet Service Providers).

6. This AUP is intended to ensure that the activities of a few users do not unfairly impair the activities of all users of the Service.

Prohibited or Actionable Activities:

For DCM to preserve the ability of all of its customers to use DCM's network and the Internet without interference or harassment from other users, and as a condition of the Service, DCM prohibits you from engaging in the following activities:

1. Unlawful or Improper Use of the Service: You may not use DCM’s Service in a manner that is unlawful, harmful to or interferes with use of DCM's network or systems, or the network of any other provider, damages, disables, or impairs any DCM property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk, or a violation of privacy.

2. Objectionable Material: You may not use the DCM’s Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation.

3. Junk E-mail: You may not use the DCM’s Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. DCM considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

4. Fraudulent Activity: You may not use DCM’s Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", or "chain letters." You may not use techniques to hide or obscure the source of any e-mail or other communication.

5. Impersonation: You may not use DCM’s Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

6. Software Viruses: You may not use DCM’s Service to upload files or transmit any material that contains viruses, worms, Trojan Horses, time bombs, cancel bots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, DCM monitors Internet ports that are considered to be security risks as determined by DCM in its sole discretion.

7. Collecting Information: You may not use DCM’s Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent.

8. Excessive Utilization of Network Resources: Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network's resources. DCM, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the DCM network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of “Service” previously described in this AUP. DCM reserves the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, DCM uses various techniques such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive users until the congestion has diminished, at which point DCM will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion. DCM may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the service and not by the use of any particular application.

Security Precautions: You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the service for the reconstruction of any lost data.

AUP Enforcement and Notice: Customer's failure to observe the guidelines associated with this AUP may result in DCM taking actions that may range from a warning to a suspension or termination of service. When feasible, upon observation of a violation of this AUP, DCM may attempt to contact you by e-mail or phone as listed on your contract to notify you of the violation. DCM representatives also are available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation.

DCM reserves the right, however, to act immediately and without notice to restrict, suspend or terminate service, if it reasonably determines that your conduct may: (1) expose DCM to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of DCM's network or networks with which DCM is interconnected; (3) interfere with another DCM customer's use of the service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to DCM or its customers. In the event of termination of your service, refer to the Return & Cancelation Policy will apply regardless of either DCM or the customer canceling the policy. Waiver of any violation of this AUP by DCM shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or termination. No failure or delay by DCM in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this AUP in conjunction with our Terms of Service and our Return & Cancelation Policy which you may find at www.dcmwimax.com. DCM has the right but not the obligation to monitor or restrict any uses of the Service that DCM reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing DCM’s Service, and you are responsible for any abuse from your account by others.

Reporting Violations: DCM requests that any person who becomes aware of a violation of this AUP report the information to DCM at service@dcmwimax.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. DCM may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the customer's account; terminate the customer’s account; bill the customer for administrative costs and/or reactivation charges; bring appropriate legal action for the violations and/or to collect damages, if any, caused by violations; or take no action.

Revisions; Reservation of Rights: DCM reserves all rights including the right to revise, amend, or modify this AUP or any other policy at any time, by sending you an email notification to the email address listed on your contract, or by announcing any amendments or modifications in the "Policy” section on DCM's website: www.dcmwimax.com. Such amendments or modifications will become effective on the date we send them to you by email, or announce them on our website, whichever is earlier; afterwards, your continued use of the DCM’s Service or equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue service after a change that is materially disadvantageous to you, you may terminate this agreement by calling DCM at 405-364-4800. The Return & Cancelation Policy will apply.

Del Nero Communications Management, LLC
Return & Cancelation Policy
Effective March 1, 2013

Del Nero Communications Management, LLC (DCM) offers a 15-day money-back guarantee on our Internet Service. If you are not completely satisfied with your service, please call DCM customer service at 405-364-4800 within the first 15 days following your service connection for your full money-back guarantee. Equipment will be removed by a DCM representative and will be verified to be in working order prior to disconnection. The equipment must be in like new condition. This is to include the radio, POE device, power supply, equipment mounts and brackets, and any other materials used for installation. The data cable that runs from the POE injector to the radio will not be removed unless instructed by the customer whose name appears on the contract. DCM will be allowed to remove the equipment within 10 days from the service cancelation date.

If you decide to cancel service for any reason after the first 15 days following your receipt of the equipment and service, the following will apply.

1. Leased Equipment: Leased equipment will be removed by a DCM representative and will be verified to be in working order prior to disconnection. This is to include the radio, POE device, power supply, and all equipment mounts and brackets, and any other materials used for installation. If any of the equipment is not in working order, the customer will be billed for the equipment that is not in working condition. The customer will have 30 days to pay DCM. The data cable that runs from the POE injector to the radio will not be removed unless instructed by the customer whose name appears on the contract. DCM will be allowed to remove the equipment within 10 days from the service cancelation date.

2. Purchased Equipment: Purchased equipment and accessories is the property of the customer. However, the equipment must be removed and deactivated as part of the requirements of the FCC. This removal must be completed by a DCM representative. The property will then be returned to the customer.

No Partial Service Fees for any given month will be refunded.