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TERMS
This Agreement is between Direct Communications Cedar Valley Non-Regulated (DCCV-NR) and the participant ("you" or "your"). This Agreement sets forth the terms and conditions under which you agree to use DCCV-NR's DSL (Digital Subscriber Line) Internet Access Service, Wireless Internet Service, or Dial-Up Internet Service in conjunction with phone service.  Unless otherwise provided, the terms and conditions for the equipment used in association with this Service are those terms and conditions provided by the equipment manufacturer.

1. SERVICE
The term of this Agreement will be for one (1) year. In the absence of a specified term, the contract will automatically convert to month-to-month. 
A. Commencing on the date on which Service is installed, you will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, you will pay the current charges for such Service and equipment, including installation charges and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when we have activated your DSL Internet Service on our network whether or not you have completed self-installation or actually use the DSL Internet Service. After notification of a modification, your continued use of the Service and equipment constitutes an affirmative agreement to be bound by such new terms, conditions, and charges.
B. The Service shall continue until such time as you provide DCCV-NR with notice that you wish to discontinue the Service, or Service is terminated and/or canceled by DCCV-NR, as set forth herein.
C. DCCV-NR reserves the right to modify or discontinue the Service with 30 days notice to you.

2. FEES
You agree to pay all fees and charges specified when you ordered your Service,
including recurring and nonrecurring charges for Internet Access and the associated equipment.
A. For all Service charges, including installation charges if applicable, DCCV-NR will bill the credit card you provided or automatically debit the checking/savings account you have provided us.  If any portion of payment is received after the late payment date, a monthly late charge may be charged to you. The monthly late charge will be the lower of: i) 1.5%; or ii) the highest amount allowed by law, applied to the entire outstanding balance for each month or portion thereof for which the balance remains.
B. In the event you fail to pay the monthly charges billed to your credit card or debited to the checking/savings account you provided us, DCCV-NR reserves the right to bill all outstanding sums to your credit card or to bill you directly.
DCCV-NR may assign unpaid late balances to a collection agency for appropriate action. In the event legal action and/or collections is necessary to collect on balances due, you agree to reimburse DCCV-NR for all expenses incurred to recover sums due, including attorneys' fees, collection fees and other legal expenses.
C. DCCV-NR may suspend or discontinue the DCCV-NR Service if charges are not paid.
D. DCCV-NR reserves the right to charge $50 if you are not present at the location for a scheduled trouble ticket dispatch appointment.
E. Transferring the DSL service voids contract. You must sign a new contract to avoid broken contract fees.

3. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS
A. In the event a ruling, regulation or order issued by a judicial, legislative or
   regulatory body causes DCCV-NR to believe that this Agreement and/or the
Services provided hereunder, may be in conflict with such rules, regulations and orders, DCCV-NR may suspend or terminate the Service, or terminate this Agreement, without liability. In the event a DCCV-NR subcontractor for the Service stops providing the Service to DCCV-NR for any reason, DCCV-NR shall have forty-five calendar days to arrange for a reasonably comparable service. If DCCV-NR cannot arrange for reasonably comparable Service either you or DCCV-NR may thereafter terminate this Agreement without liability.
B. You may terminate the Service upon notification to DCCV-NR. You agree to pay the entire amount due for the month in which Service is terminated. In the event of early cancellation of a one year Term Service commitment, you agree to pay an additional $200 Cancellation Charge.  If you purchase Service together with an equipment promotion, additional termination charges may apply.                                                                     
   C. If you fail to pay any charge when due, including, but not limited to,
installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, or if you provide false or inaccurate information which is required for the provision of the Service or is necessary to allow DCCV-NR to bill you for the Service, and such condition continues unremedied for thirty days, you shall be in default and DCCV-NR may suspend or terminate the Service to you. Termination of service due to non-payment voids this contract. You may not assign your account on the Service to anyone without the express written consent of DCCV-NR. Upon reasonable notice, DCCV-NR may assign its rights and obligation under this Agreement.

4. PROVISION OF SERVICE
You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that DCCV-NR has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of DCCV-NR.

5. LIMITATION OF LIABILITY

A. DCCV-NR will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to you. Under no circumstances shall DCCV-NR be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including

without limitation, loss of profits, loss of income or cost of replacement Services.
B. DCC's liability for damages, including but not limited to damages in regards to interruptions of Service, for mistakes, omissions, delays, errors and
defects in the provision of the Service, shall in no event exceed an amount equal to the pro-rata charges to you for the period during which the Service
is affected.
C. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DC HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING
IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
D. DCCV-NR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DCCV-NR MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. FURTHERMORE, DCCV-NR PROVIDES NO GUARANTEE WITH REGARD TO THROUGHPUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

6. INDEMNITY
A. You agree to indemnify and save DCCV-NR harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the
Service, except to the extent that such Liabilities arise from the intentional misconduct of DCCV-NR.
B. You agree to indemnify DCCV-NR, its parent, affiliates and subsidiaries, in the event that your use of the Service and/or Software; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with other customers' use or enjoyment of the Services provided by DCCV-NR.

7. COMPATIBILITY
You are solely responsible for provisioning, configuration and maintenance of all equipment on your premises, including, without limitation, computers, modems and other communications equipment. DCCV-NR shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment.

8. CUSTOMER SUPPORT
A. Basic ADSL Internet Access, as applicable, is a single IP Service intended
for use by a single computer.  DCCV-NR can assist in setting up your LAN for an additional fee.
B. You will be responsible for payment of service charges for visits by DCCV-NR or its subcontractors to your premises when a service request results from causes not attributable to DCCV-NR or its subcontractors.

9. USE LIMITATIONS
A. You agree to comply with all Federal and State regulations, the rules, regulations and policies adopted by DCCV-NR, including but not limited to, DCCV-NR's Acceptable-Use-Policy- [located at http://www.DCDI.net], as modified from time to time; and the rules regulations and policies applicable to any network that you access through the Service. Any violation of such rules, regulation and policies, or any network policy document issued by DCCV-NR, shall be cause for DCCV-NR to suspend or terminate the Service.
B. Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the user-ID, electronic mail address, Universal Resource Locator, IP Address or domain name used by you in connection with the Service.
C. DCCV-NR reserves the right to suspend or terminate the Service to you, or to suspend or terminate any userID, electronic mail address, Universal
Resource Locator or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten,
harass or intimidate; (iv) tends to damage the name or reputation of DCCV-NR, its parent, affiliates and subsidiaries; or (v) interferes with other customers' use and enjoyment of the Services provided by DCCV-NR.
D. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. You further agree to immediately notify DCCV-NR of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.
E. The Service has been designed to be used at the residence or business at which it was installed. You may not allow other residences or businesses
to connect to your Service or re-sell your Service in any manner. Such action may be subject to immediate termination and you will be charged
termination fees, if applicable.

10. FORCE MAJEURE
Neither DCCV-NR nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. No delay or failure to perform shall be excused under this Section by the acts or omissions of DCCV-NR subcontractors, vendors or suppliers unless such acts or omissions are themselves the product of a force majeure condition described in this Section.

11. GENERAL
A. This Agreement shall be construed in accordance with the Laws of the State in which the Service was provided.
B. You will provide DCCV-NR and its subcontractors reasonable access to your premises in order to install, maintain and repair the Service.
C. If you have purchased one of the “up to” Services (i.e. Basic or Enhanced Up to 1500), there is no minimum guaranteed speed for the Service. If the
Service you have purchased is provided within a range of speed (e,g., between 384 Kbps and 1.5 Mbps downstream x 128 Kbps upstream)
Service will be provided at least at the lowest speed within the range. There is no guarantee that the Service will perform at the upper end of the range.