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Legal

Terms of Service
7/13/2008

Every customer of Delmarva WiFi is bound to these Terms of Service. Your continued use of our system indicates your acceptance of these terms.

Delmarva WiFi is a privately owned company. Service is not provided to everyone and we reserve the right to refuse anyone service or discontinue service for any reason at any time.

It is the purpose and intent of Delmarva WiFi. to provide a service to our customers that is wholesome and family oriented. We strive to provide the best customer service possible, and hope that we meet your expectations. Please take the time to read our policies and acquaint yourself with our rules and regulations.

We reserve the right to refuse service to anyone who does not adhere to these polices and, at our sole discretion, may terminate anyone's account without further notice if we determine they are in violation of these policies.

Pricing
Prices are not guaranteed and are subject to change. If a price change occurs, you will be notified in writing of such change which will be included with your next invoice for service. You may lock your current pricing in by paying for service in advance. Discounts are available to customers who opt to pay for at least 12 months in advance.
 
Modification
Delmarva WiFi reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Billing Policy
Services are billed in advance, and bills are generated the 15th of each month and sent to the mailing or e-mail address you have on file. The Customer is solely responsible for making sure payments are made on time whether or not a bill is received from Delmarva WiFi. Invoices will be sent to the email address on file unless a paper invoice request has been made. Those customers requiring a paper invoice will be assessed a $2 fee per month. Monthly payments are expected to be prompt and are to be received no later than the last business day of each month. Past due accounts will be assessed a $5 late fee after the first and may have service suspended until such time that your account is paid in full unless other arrangements have been made at our sole discretion. Following service suspension we may terminate service after an additional 10 days has passed with no further notification or warning. We reserve the right to allow or refuse to leave your service connected pending payment based on length of service, prior payment history, etc. Once service has been suspended for any reason a $45 reconnect fee will be assessed and two months in advance may be due before reconnect at our sole discretion. Once service has been terminated a $99 reinstatement and $45 reconnect fee will be assessed.

Accounts of which payment has not been received by the last day of the month will have their service suspended until their account is brought current including a reconnect fee and advance payment as outlined in the above paragraph. Accounts of which payment has not been received within 10 days of suspension may be terminated. Billing and charges will continue to accrue on the account until a letter of intent is received by postal mail to our mailing address.

There will be a $35 (or maximum fee allowed by law) returned check fee for any check written to Delmarva WiFi that is not honored by your bank for any reason. There will be NO EXCEPTIONS to this policy. Please also note that any check that is returned unpaid due to non-sufficient funds we may attempt to collect electronically by a debit to your checking account for the amount of the check plus the returned check fee, and will continue to do so until such check is collected. A returned check will result in immediate service suspension followed by service termination as outlined above.

If you wish to cancel your account for any reason, please contact us via postal mail. All accounts that are set up on recurring credit card charge or bank draft may only be canceled by postal mail; cancellations will not be accepted by phone or electronic mail (e-mail). This is to protect you so that you have a written record of your cancellation should any dispute arise. Your request to cancel must be received no later than 3 days before your next due date or your credit card or bank account will be charged.

Wireless Radio Equipment
Delmarva WiFi maintains ownership of all radio equipment used to provide service. This includes the equipment mounted on your home or place of business. If you service is terminated for any reason; with or without cause; you agree to return all equipment to Delmarva WiFi without demand within 30 days of account cancellation or termination.  Failure to return indoor equipment indicate your accepted liability for that equipment and you will be invoiced for the cost of said equipment.

Wireless Radio Installation / Removal
Most installations of the wireless radio which brings the Internet Service in to your home or place of business involve running low voltage data cable and installing a mount on the outside of your home or business. This involves installing bolts, screws, drilling holes, etc into walls, roof, floors, etc. Delmarva WiFi assumes no liability associated with damage caused by or related to installation. If service is terminated we will make a best effort attempt to patch exterior holes with a silicone sealant. Not other warranty is expressed or implied and you (the customer) agree to hold Delmarva WiFi harmless for any damage caused by or related to installation or removal of the wireless radio equipment.

Acceptable Use Policies
Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegal Activities
We will NOT allow any illegal activities as defined by the State of Delaware, State of Maryland, the U.S. Government or any other political entity. If any investigation is conducted because such activity is found, we will cooperate with the necessary officials to the best of our ability. This includes, but is not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and multi-level marketing schemes, and any other illegal activities.

Obscene Language
There will be NO obscene or abusive language allowed on this system. Neither will we allow "flaming" of other users on this system or on others' systems.

Hacking
We will NOT allow any hacking, or attempts at hacking, on this system. Any such attempts will result in legal action to the full extent the law allows. This includes, but is not limited to, full cooperation with law enforcement and other authorities.

Net Abuse (Spamming, Mail Bombing, etc.)
Net abuse, including but not limited to activities such as using a non-existent e-mail return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, or cross-posting articles to an excessive number of newsgroups. Delmarva WiFi reserves the right to determine what constitutes net abuse.

Tortuous conduct, including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the customer's own account; or resale of access to CGI scripts installed on our servers.

Site/Service Blocking 

Delmarva WiFi reserves the right to limit speeds or block access to sites where usage is deemed excessive without any advance notice. 

Minimum System Requirements
Pentium Based Computer System
Windows 2000 Professional or Above

"Holding" Your Account

Accounts can be placed on "hold" for all customers for periods of over three months, provided you contact us ahead of time. This applies to all customers regardless of the reason (i.e., computer is down, students leaving for the summer, customers going out of town, etc.) Your e-mail will either be held for you on the server, or we will be happy to forward it to you wherever you might be.

Accounts will be placed on hold for a maximum of 6 months unless prior arrangements have been made.

Refund Policy
Requests for refunds are accepted via e-mail at billing@delmarvawifi.com, or by postal mail. No refunds are available for services owed for less than a month. All other refund requests are reviewed on a case-by-case basis. Generally, internet services and installation fees are NOT refundable. In the event Delmarva WiFi elects to discontinue a customer's service without cause, that customer shall receive a full refund of any balance for the current month. However, if a customer terminates their service without cause, there shall be NO REFUND of any remaining balance. Refunds will not be processed until ALL equipment is returned in good condition for accounts discontinuing service.

Delmarva WiFi internet service is provided on an "as is, as available" basis. Delmarva WiFi. does not make any warranty as to availability of service. Reimbursement for losses of income due to disruption of service by provider or its providers is neither implied nor warranted.

Customer Data
Delmarva WiFi shall make every reasonable effort to protect the customer's data in case of a hardware failure. However, Delmarva WiFi is not responsible for client data due to such a failure, and is not responsible for the client's files residing on our server. The client is solely responsible for independent backup of data stored on our server and network.

Password Protection
The protection of your password to prevent unauthorized usage of your internet and/or e-mail account is your responsibility. Sharing of your password with anyone else in order that they may use your account is expressly forbidden and will result in immediate suspension of your account. We will NOT, under ANY CIRCUMSTANCES, provide you your account password over the phone without your Pin #.

Web Pages
All Business and Personal web pages stored on our system will be reviewed for unacceptable content. Unacceptable content includes, but is not limited to, obscene or pornographic material, satanic or occultic material, obscene language, copyrighted or trademarked materials without the express consent of the owner of such copyright or trademark, or links to any pages that contain unacceptable material. We reserve the right to edit all members’ web pages for content if they do contain any of the above restricted materials. Any webpage that requires editing will be charged to the customer at a rate of $75 per hour. If you have to ask if it's acceptable, it probably doesn't belong on your webpage.

Disclaimer
Delmarva WiFi assumes no responsibility for any damage that may occur to your equipment (computer, router, so forth and so on). We also assume no responsibility for anything outside of our system or at other sites. Furthermore we assume no responsibility for any software, pictures, or any other files downloaded from our system or any other system.

Purpose and Intent
Delmarva WiFi was started to provide a clean, wholesome on-line service free from the questionable topics found in society today. We are here for the whole family to use and enjoy. Any person found in violation of the above policies, will be subject to termination from Delmarva WiFi. With your help we can make this a great system for the whole family to enjoy. Complaints about violators of our policies should be referred to abuse@delmarvawifi.com Each complaint will be taken seriously and investigated to the best of our ability. 

 

Delmarva WiFi * PO Box 111 * Queen Anne, MD 21657 Sales  (410) 708 - 1937 * Support (410) 708 - 3005