1. User expressly agrees that the use of the Internet is at their sole risk. Neither Delcom, nor any other information provider makes any representation or warranty as to the results obtained from the use of the Internet. The Internet is made available on an "as is" basis without warranties of any kind, either express or implied, including but not limited to, warranty of titles, timeliness, merchantability, or fitness for a particular purpose. Neither Delcom nor anyone else involved in creating, producing, or delivering the of the Internet shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the interne tor inability to use the Internet. USER also expressly agrees that Delcom does not warrant that the Internet will be uninterrupted and error free. Downtime and lost transmissions may occur on the Internet, and USERS Indemnify Delcom and agree to hold it harmless from any problems, errors, or damages arising from such downtime or lost transmissions.
2. Delcom's Network is only for lawful purposes. Transmission of materials violating U.S. or state regulation is prohibited. This includes, but is not limited to copyrighted materials, materials legally judged to be threatening or obscene, or materials protected by trade secret. USER agrees to indemnity and hold Delcom harmless from claims resulting from use of the service which damages USER or another party. USER is responsible for materials sent across the network from USERS account. USER is able to secure access to their account by means of a password, which may be changed at will by USER. USER has full, unrestricted access to the Internet: which, as a free-flowing information universe, may contain- beyond the vast amounts of educational information matter considered to be improper, offensive, or even unlawful by some governments, private groups, or individuals. By using Delcom Internet USER accepts this and agrees to indemnify Delcom and hold it harmless from any actions, lawsuits, or problems arising or associated with such matter. USER acknowledges that the Internet uses public facilities to transmit voice and data communications and that service may not be completely private. Delcom is not liable for any claims, loss or damages which may result from lack of privacy. Delcom will release information requested by lawful court orders.
3. Access to other networks connected to Delcom must comply with the rules for that network. USER shall observe all generally accepted "net etiquette." USER agrees to accept liability for their actions and how the interpretation of other "citizens" and users of the Net. Unacceptable behavior may result in grounds for termination of service.
4. Services provided to USER by Delcom are billed by Dell Telephone Cooperative, Inc. (Dell) on the first day of the month for the next month, in advance. All invoices are due and payable at P.O. Box 67 Dell City, Texas on the 15th day of each month unless otherwise specified on the current invoice. Billing commences on the day services are ordered and will be pro-rated based on the start date. Accounts that have not been paid by the last day of the month are subject to service interruption.
4.1 Non-use of service does not eliminate financial responsibility. USER is responsible for notifying Delcom in advance when billing and access to the network should cease. Until notice has been given, USER is responsible for charges incurred up to that date.
5. Delcom may modify this agreement at any time to comply with legal regulations, with notice of modification posted on Delcom website (http://delltelephone.com) Such posting shall be dated and considered effective based on the posted date whether or not USER has reviewed the modifications.
6. These terms and conditions are effective August 2015 and supersede all previous representations, understandings or agreements and shall prevail not withstanding any variance of any order submitted.
7. In order to take advantage of these rates, customer will need to return to Delcom this signed "Limited Letter of Agency" (LLOA). This document appoints Delcom as the agent to purchase the Internet line service customer's behalf from Dell. Upon deletion of service, if purchased equipment has not been paid in full, customer will be responsible for any balance that is still outstanding on that equipment. If service is deleted before 6 months from activation, a $185.00 line installation charge will apply.
8. Delcom Internet has a maximum downstream speed of 10 Mbps and a maximum upstream speed of 5 Mbps. These speeds are peak speeds and are not guaranteed because of factors such as end user distance from the Telephone Company, Internet hub location, and gauge of the copper cable service to the end user premises. Delcom Internet service is not available in all areas served by Dell. Customers location will be confirmed by Delcom before signing Delcom LLOA's. To determine if you qualify for this service you will need to call 1-800-245-2991. Additional line qualification criteria may be required and could restrict you from getting Internet service even if you are within one of these service areas.
9. Delcom can customer's agent in requesting the Telephone Company to provide Delcom Internet service customer's behalf. A compatible Internet Modem is required for service.
10. This Limited Letter of Agency ("LLOA") authorizes Delcom to the undersigns' ("Customer") agent with regard all matters concerning the Customer's Internet telecommunications service provided by Dell. This LLOA specifically authorized Dell to provide full cooperation with the release of the Customer's Internet records and Internet billing information. Specifically, this LLOA allows Delcom to be the responsible party on behalf of the Customer for all Internet service and provisioning matters and for payment of the Customer's associated recurring and nonrecurring Internet service charges. It is understood by the parties that the Customer will continue to deal directly with Dell with regards to all other telecommunications service matters not specifically covered by this LLOA. It is further understood by the parties that Delcom will not assume any Customer or Dell service performance or impairment liabilities associated with the Internet service covered by this LLOA. An executed copy of this LLOA shall be deemed to authorize Delcom to act on Customer's behalf for Internet service provided by Dell. This LLOA shall commence on the date signed by the Customer below and shall continue for a period designated or until Delcom and Dell terminate the agreement.