This service agreement (“Agreement”) is between DelmarvaOnline, LLC (“DelmarvaOnline“, “delmarvaonline.com”, “us”, or “our”) and the Subscriber (“you” or “your”). This Agreement sets forth the terms and conditions under which DelmarvaOnline agrees to provide, and you agree to use, DelmarvaOnline Internet Access Services (“service” or “services”).
You agree that by clicking “I agree” during the DelmarvaOnline registration process, or by providing verbal assent to an agent or employee of DelmarvaOnline, or by signing a written agreement form, or subsequently beginning or continuing to use DelmarvaOnline Internet Access Services, you consent to be bound by and do become a party to this Agreement.
In addition, you agree to comply with any amendments to this Agreement (see paragraph under the heading “Amendment”, below). The current and binding terms of this Agreement are always set forth on the DelmarvaOnline home page at www.delmarvaonline.com.
If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorized to use DelmarvaOnline Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedure provided herein (see paragraph under the heading Termination by Subscriber, below).
You agree to provide DelmarvaOnline with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to DelmarvaOnline in order to receive or to continue receiving services. Further, you agree to provide DelmarvaOnline with updated registration information within a reasonable period of time following the change in circumstance (e.g., taking new job results in a new work telephone number) that creates the need for updated information.
PERIOD OF SERVICE
You agree to pay for the period of service you select at the time you purchase services. This period will be specified in your service invoice. You agree that it is your responsibility to review your service invoice within a reasonable period after receiving your copy, to ensure that the invoice accurately indicates the period of service you requested. If not, it is your responsibility to immediately notify DelmarvaOnline to amend the invoice to indicate the period of service you requested. Your period of service commences on the date on which your account is activated.
RENEWAL OF SERVICE
Unless specified otherwise, all accounts will renew automatically at the end of the period corresponding to the plan that you select when you purchase services. If you do not wish to renew your account, you must follow the steps outlined in the section “Cancellation” below.
INTERNET ACCESS SERVICES
DelmarvaOnline agrees to provide you with Internet Access Services according to your specifications, at the time you make your purchase, regarding speed and type of connection. Regardless of your specifications DelmarvaOnline Internet Access Services include:
- Unrestricted TCP/IP transport to the Internet.
- One or more electronic mail addresses.
DelmarvaOnline shall not be held liable for any long distance charges incurred by subscribers for any reason whatsoever. It is the responsibility of the subscriber to know whether the access number selected will be long distance or local to our areas of service and to ensure that the computers are properly setup to dial the local number.
Additionally, if a server in any location is unavailable to our subscriber, it is the subscriber’s choice to dial into a server that is out of their local service area resulting in long distance toll charges. DelmarvaOnline shall not be held liable for any long distance fees brought about this manner.
The right to use DelmarvaOnline Internet Access Service is not transferable. Use of DelmarvaOnline accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Subscriber may use no more than one login session per account at any time. If a subscriber has multiple accounts, he/she is limited to one login session per account at any time.
PERSONAL DIALUP ACCOUNTS
You agree that use of the services you purchase is limited to your personal use. Personal use means active use by you or by another person who is either under your direct supervision or is using the services with your joint participation. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the DelmarvaOnline network while you are not personally using the services.
DelmarvaOnline is not responsible for Subscriber’s personal files residing on DelmarvaOnline. Subscriber is responsible for backup of data stored on DelmarvaOnline. DelmarvaOnline reserves the right to delete Subscriber’s personal files after one or both parties terminate the service Agreement.
Delmarva Online may provide it’s customers with best effort email services. Delmarva Online is in no way responsible for the content of or the delivery a customer’s email.
It is the customer’s responsibility to ensure that they regularly check and remove their email from the Delmarva Online mail servers. Delmarva Online will provide each customer 10 MB of email storage space. In addition Delmarva Online will provide a short term 10 MB buffer of space for email storage. The 10MB buffer will be available to the Delmarva Online customers for regular email use for thirty days. It is totally the customer’s responsibility to monitor their email storage space levels.
If a customer’s email storage space moves beyond the 10MB allocation and the 10 MB buffer, Delmarva Online reserves the right to delete the files entirely from it’s mail servers at anytime. Additional email storage space may be purchased , in increments of 10MB for five dollars a month.
Delmarva Online reserves the right to deny any and all delivery of email from domains that are known “Spammers.”
Delmarva Online is not responsible for the spread of any viruses acquired via email. Delmarva Online’s virus protection service is provided as an additional line of protection from the potentially damaging effects of viruses and SHOULD NOT replace the Subscriber’s current desktop virus protection software.
You acknowledge and agree that any messages sent may be monitored provided they are only monitored to prevent SPAM, illegal messages and/or emails in any way related to advance fee fraud. You also acknowledge all messages are subject to a delivery delay due to techniques Delmarva Online uses to prevent SPAM, illegal messages and/or emails in any way related to advance fee fraud.
You agree that use of the services you purchase is limited to your business use. Business use means active use by you or by another person who is either under your direct supervision or is using the services with your joint participation.
For more information, please refer to your individual business contract(s) with DelmarvaOnline or speak directly with your sales representative.
Delmarva Online may provide Technical Support in the manner and time of its own chosing, but is in no way obligated to provide Technical Support services to subscribers. Commercial account support is provided on fee-based service or commercial packages. DelmarvaOnline‘s Technical Support is limited to DelmarvaOnline connection related issues. DelmarvaOnline does not warrant or support the subscribers’ choice of software or hardware.
STANDARDS OF CONDUCT & ACCEPTABLE USE
You agree to conform your use of services to reasonable standards of conduct generally accepted and applied by internet users in your community, including but not limited to the following:
- You agree not to use our service in the course of any criminal activity.
- You agree not to use our service in the course of any conduct that constitutes tortuous activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights.
- You agree not to use our service in the course of any conduct intended to harass, threaten, or abuse, or that is designed to harass, threaten or abuse, or that actually harasses, threatens, or abuses any person.
- You agree not to use our service to distribute unsolicited commercial email (UCE or SPAM).
- You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials, display or distribution of which is restricted by local, state, or federal law.
AMENDMENTS TO AGREEMENT
DelmarvaOnline reserves the right to amend this Agreement at any time. You agree to comply with any amendment to this Agreement. It is your sole responsibility to periodically review the DelmarvaOnline‘s homepage (www.delmarvaonline.com) to find out of any amendments to this Agreement.
PAYMENT, LATE CHARGES AND COLLECTION
Subscribers must pay for the initial month of service at time of sign-up. Service will not begin until payment has been received in full. All dialup accounts are subject to a set-up fee. DelmarvaOnline will make reasonable attempt to notify the subscriber via a paper or electronic invoice (type notification will depend on the subscriber’s chosen payment/invoicing method) of payment due dates; however, it is the sole responsibility of the subscriber to maintain a current account in the absence of such notification. Overdue accounts are subject to locking and suspension, pending payment. The locked account must be paid in full in order for the account to be reactivated. Returned checks are subject to a reprocessing fee of $25.00.
A subscriber may cancel their DelmarvaOnline service at any time in writing, by email (firstname.lastname@example.org) or telephone. Cancellation will be effective at the end of the current billing period unless a future date is specified. Subscribers are responsible for notifying administration of intent to cancel and are responsible for all bills up to that point regardless of time Online.
The subscriber is responsible for at least the initial month of payment as well as the setup fees, unless the DelmarvaOnline Technical Support staff has been unable to effect a connection with the user’s hardware and software.
If a residential subscriber is unable to connect to the Internet and notifies DelmarvaOnline within thirty days of the day of their account being activated, they may cancel service and receive a full refund of all monies paid. This refund will include any set-up fee charges.
TERMINATION BY DELMARVAONLINE – VIOLATION OF AGREEMENT
DelmarvaOnline reserves the right to immediately terminate your services before the end of your agreement in the event your services are used in a manner that:
- Violates any of the terms or conditions of this Agreement.
- Tends to damage the good name, or standing in the community, of DelmarvaOnline or its affiliates or subsidiaries.
- Interferes unreasonably with other Subscribers’ use and enjoyment of services provided by DelmarvaOnline.
If DelmarvaOnline terminates your service immediately, payments received for the remaining term of your agreement, if any, will be prorated and refunded within 30 days.
TERMINATION BY DELMARVAONLINE – VIOLATION OF AMENDMENT
DelmarvaOnline reserves the right to terminate your services before the end of your period of service in the event your services are used in a manner that violates any amendment that was not a part of this Agreement at the time you purchased services.
If DelmarvaOnline terminates your service immediately, payments received for the remaining term of your agreement, if any, will be prorated and refunded within 30 days.
TERMINATION BY SUBSCRIBER
In the event an amendment is adopted by DelmarvaOnline, which was not part of the Agreement when you purchased your service, and which you find unacceptable or otherwise impossible to comply with, you have the right and duty to terminate your services. In order to terminate services, please submit via postal mail or via fax, a letter in which you set forth your username, real name, signature, and a brief statement of grounds for termination, including specific identification of the relevant amendment(s). Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by DelmarvaOnline under this Agreement.
DelmarvaOnline disclaims any and all warranties, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall DelmarvaOnline be liable for any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss or damage to data arising out of the use, partial use or inability to use the service, even if DelmarvaOnline has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
You agree that DelmarvaOnline will not be held liable for any damages in excess of the amount that you paid to DelmarvaOnline for services under this agreement.
NO LIABILITY FOR SUBSCRIBER ACTIONS
You agree that DelmarvaOnline is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless DelmarvaOnline, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney’s fees, arising from any use, authorized or unauthorized, of your services.
DelmarvaOnline agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall DelmarvaOnline be held liable for any financial or other damages due to such service interruptions.
You agree that all information provided through your use of services is provided “AS IS”; that DelmarvaOnline‘s link to a web site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service; that any links provided by DelmarvaOnlineare maintained by their respective organizations, which are solely responsible for their content. You agree to hold DelmarvaOnline harmless for any and all damages arising out of use of such products, services, or links.
DelmarvaOnline prohibits posting of any information that violates or infringes the copyright rights of any person or identity. If you believe that your copyright (or a copyright you’re responsible for enforcing) is infringed by any content on this web site or by any DelmarvaOnline subscriber, please provide a written statement to DelmarvaOnline‘s Copyright Agent, listed below, that contains the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted worked claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DelmarvaOnlineto locate the material; (4) information reasonably sufficient to permit DelmarvaOnline to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DelmarvaOnline will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512©(3)). United States law provides significant penalties for submitting such statement falsely. It is DelmarvaOnline‘s policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. DelmarvaOnline‘s contact for submission of notices of infringement of copyright rights or any other intellectual property rights is as follows:
PO Box 2258
Salisbury, MD 21802
You agree that DelmarvaOnline is not responsible for delays, damages or failures in performance due to causes beyond DelmarvaOnline‘s reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
You agree that DelmarvaOnline‘s failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by DelmarvaOnline of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice DelmarvaOnline from exercising thereafter the same or other rights, remedies or options.
You agree that this Agreement is the entire agreement between you and DelmarvaOnlineregarding the subject matter of this Agreement; and supersedes all prior representations, understandings or agreements regarding the subject matter of this Agreement.
RIGHT OF ASSIGNMENT
Delmarva Online reserves the right to assign this contract to its affiliates, subsidiaries, successors, or third party service providers.
You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.
CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in Salisbury, in Wicomico County, Maryland, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Maryland, without regard to conflict of law principles. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a court of competent jurisdiction in Wicomico County, Maryland. Subscriber expressly submits to the jurisdiction of said courts; and Subscriber consents to extra-territorial service of process.
LEGAL NOTICES: DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify the appointed agent at Delmarva Online Services by methods as indicated on this web site.