DCMWIMAX POLICY
Del
Nero Communications Management, LLC
Terms
of Service
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.
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