TERMS OF SERVICE for Desert Lakes Management Inc. WiFi Internet Service – Effective 4/18/2012
By signing this Desert Lakes Management Inc. (“DLM”)and its Agents Residential Customer Agreement (“Agreement”) with Desert Lakes Management Inc. and its Agents, you as the customer, agree to be bound the following terms and conditions, which you agree may be changed from time to time in the discretion of DLM, in connection with the installation of certain Equipment on your Premises that are necessary to provide Desert Lakes Management Inc. and its Agents internet service (the “Services”).
No Voice over IP (VOIP) Support – Customer agrees and understands that the service may not support traditional 911 or E911 access to emergency services. Customer may not be able to use the service, IP Phones or CPE and other equipment to call for emergency assistance by dialing 911 or E911 calls may be routed to the nearest Public Safety Answering Point office (PSAP). Typically, these calls are answered by the front desk of the PSAP and then routed to an emergency operator at that location. However, some PSAPs will not accept calls in this manner. Additionally, network congestion, radio interference, weak wireless signals or other causes of reduced Internet access service performance may prevent customer from being able to call 911 or may delay the routing of Customer’s 911 call or E911 information. Customer agrees to notify, as appropriate, any of its users of the service who may place calls using Customers phone services. Desert Lakes Management Inc. and its agents recommends Customer maintain an alternate means of accessing Emergency Services, such as traditional services or cellular phone services.
Equipment charges for unreturned equipment:
Cisco routers or other connection devices $140.00
Customer agrees to maintain equipment in a clean environment and agrees to maintain the equipment in good working order.
WiFi Lite plan may deliver speeds up to 500 kbps download. Enhanced plan may deliver speeds up to 2 Mbps.
Actual speeds will vary and depend on type of equipment and wireless network cards/adapters
Credits will be applied if outage is greater than one 24 hour period at a time and is subject to management approval.
Section 1. INSTALLATION AND SERVICE.
(a) DLM uses installation contractors to perform some installation services. Any custom and/or additional installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, will be an additional charge paid directly to the installation contractor. Each installation contractor is responsible for any additional work or services that you may arrange with him to perform and DLM bears no responsibility for such services. DLM will not be liable for any damages due to alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets, direct and/or consequential damages.
(b) You warrant that you are at least 18 years of age and have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the radio equipment on the Premises is not in violation of any property restrictive covenants, conditions or restrictions. You shall also indemnify and hold harmless DLM, its partners, agents, contractors and employees from (and shall reimburse DLM for DLM’s costs or expenses including legal expenses incurred in connection with the defense of) all claims and demands of any person or entity including but not limited to those for death, for personal injuries, or for property damages, arising out of any default of DLM in performing or observing any term or provision of this Agreement, or out of the use or occupancy of the Premises by DLM, or others with its consent, or out of the acts or omissions of DLM, its officers, members, employers, agents, representatives, contractors, customers, guests, invitees and other persons who are doing business with DLM or who are at the premises with DLM’s consent unless caused by the intentional acts or gross negligence of DLM.
(c) You give a waiver of the 48 hours Tenant Landlord notice to DLM and its agents for accessing the Premises to perform installation, repair or maintenance services in support of the Services. You will use the Services in a home/residential use capacity only. Residential services are best effort services and not subject to any committed minimum service level. Any business services (VPN) run over residential service shall be at your own risk. No residential connected PC shall serve as a server (web/email) or provide any other publicly accessible services.
(d) DLM may revise, modify or discontinue any or all aspects of the Services, including but not limited to Service and Installation prices, any applicable tariffs, and any terms of the Agreement at any time with or without notice. Notice of any revisions and/or modifications will consist of updating the terms on the Desert Lakes Management Inc. and its Agents web site at WWW.DesertLakesPhx.Com and/or by email.
(e) DLM uses wireless technologies to deliver Services. Wireless technologies, can be affected environmental factors. DLM assumes no responsibility or liability for interruption of the Services, including, but not limited to, Voice Over IP phone Services.
Section 2. LIMITED WARRANTY, SERVICES AND REPAIRS.
(a) DLM retains all rights and ownership of the Equipment and warrants the Equipment thereof for the duration of the client subscription. This warranty excludes any damage resulting from abuse or negligence, as determined solely by DLM.
(b) THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(c) Any repair or replacement of an installation problem after 30 days from the date of the Agreement will be a chargeable event. Additional service fees may apply and be charged to your account to enable hardware or reset configurations.
Section 3. INTERNET ACCESS.
(a) Since you are being provided with a direct connection to the internet you accept responsibility for the usage of such. Any illegal use thereof, such as spamming practices, introduction of viruses, etc. traced to your location will be your responsibility. Any and all legal fees associated with such practices and/or the restoration of the good standing of Desert Lakes Management Inc. and its Agents LLC with the internet community or legal authorities will be born by you. Access of materials on the Internet is at your own risk. You should take all measures necessary to protect your PC(s), property and assets from outside tampering.
(b) DLM may deny you access to all or part of the Services without notice if you breach the Agreement or these Terms and Conditions, including but not limited to, DLM’s Acceptable Use Policy, the current version of which can be found at: WWW.DesertLakesPhx.Com
(c) You agree to comply with reasonable bandwidth usage or other limitations on the Services set by DLM in its sole discretion. If DLM determines that you are exceeding reasonable bandwidth limits, you will be notified by mail or email and given 5 days to bring your usage within appropriate limits. If excessive use continues after the 5-day period, DLM may take any action it deems necessary, including, but not limited to, terminating the Services to ensure that your usage does not adversely affect DLM’s ability to provide the Services to other customers or charging you the then applicable excessive usage fee(s). DLM will notify you of any such action via mail/email.
(d) DLM may assign to you a DLM owned and administered dynamic Internet Protocol address (“IP Address”) which is utilized by DLM for connectivity, and is not portable. DLM may change the IP Address at any time without liability or notice to you. DLM will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena; you consent to the use or disclosure; or to protect DLM’s services and facilities.
(e) There is no reselling of internet bandwidth or other products offered by this service or establishing open networks through the use of unprotected or non-weps encryption of services.
Section 4. LIMITATION OF LIABILITY AND INDEMNIFICATION.
(a) Neither DLM nor its employees, officers, agents, contractors and/or subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer(s) in support of Desert Lakes Management Inc. and its Agents, including, but not limited to, direct or consequential damages. You agree that it is your responsibility to completely back up your computer(s) prior to the commencement of installation or repairs. You further agree that DLM and/or its subcontractors are not responsible for any problems with your computer following the installation of or any subsequent service performed on your computer in support of Desert Lakes Management Inc. and its Agents service.
(b) Your exclusive remedy for any and all losses resulting from the installation of the equipment and your use of the services, including DLM or its employees, officers, agents, contractors and/or subcontractors negligence, will be limited to installation fees paid to DLM up to the time the damage is discovered.
(c) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither DLM nor its affiliates warrant that the service will be uninterrupted or error free or that any information, software or other material accessible on the services are free of viruses or other harmful components. DLM, its affiliates and its subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature, including personal injuries, property damage or loss of business, that result in any way from your inability to use the services or to access the internet or any part thereof, or your reliance on or use of offers, claims, representations, promotions, and transactions, information, services or merchandise provided on or through the internet or the services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
(d) You agree to indemnify, defend and hold DLM, its affiliates and subcontractors harmless from any claims made by any parties arising out of the use of the Equipment and/or the Service by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet. These limitations on liability and indemnification provision inure to the benefit of and apply to: (1) DLM’s parent, subsidiary and affiliated companies; (2) any successor to DLM’s business by way of merger, purchase of assets, or operation of law; and (3) any subcontractors performing work on behalf of DLM.
Section 5. NOTICES.
All notices required to be given under the terms of the Agreement shall be in writing and shall be deemed to have been duly and properly given when delivered in person or three (3) days after mailed by first class, certified, postage prepaid, or by email, directed to the address of the respective party indicated on the Agreement or any installation work-order, or to such other address as the parties hereto may from time to time designate by written notice or email to the other, or which may appear among the books and records of DLM.
Section 6. AMENDMENTS TO THIS AGREEMENT.
The Agreement cannot be orally changed, modified or amended. Any change, modification or amendment can only be made by written agreement dated /signed by both parties.
Section 7. WAIVER OF BREACH OF AGREEMENT.
If either party waives enforcement of a breach of any term or provision of the Agreement by the other party, that waiver shall not operate or be construed as a waiver of subsequent similar breaches.
Section 8. SEVERANCE.
In the event that one or more of the provisions of the Agreement shall be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.
Section 9. NO JOINT VENTURE.
The Agreement is not intended to construe, create, or give effect to a joint venture, agency, partnership, or formal business organization of any kind. Rights and obligations of each party shall be limited to those expressly set forth in the Agreement and these Terms and Conditions.
Section 10. CONSTRUCTION AND ENFORCEMENT.
The Agreement shall be construed and enforced pursuant to the laws of the State of Arizona. Furthermore, the Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their successors and assigns; provided however, that you will not be able to assign your rights and obligations under the Agreement without the express consent of DLM, which consent may be withheld in the sole discretion of DLM.
Section 11. ATTORNEY’S FEES; CHOICE OF LAW; JURISDICTION.
In the event that any legal action may be brought by DLM to enforce any term of the Agreement or these Terms and Conditions or to collect or attempt to collect any charges owed hereunder, DLM shall be entitled to all costs incurred in connection with such action, including reasonable attorney’s fees and costs. The Agreement and these Terms and Conditions shall be governed by and construed or enforced in accordance with the laws of the State of Arizona without reference to conflict of laws principles. In regard to any litigation which may arise in regard to this Agreement, the Parties shall and do hereby submit solely to the jurisdiction of and the Parties hereby agree that the proper venue shall be solely in the Superior Court of Maricopa County, Arizona.
Desert Lakes Management Inc. WiFi Internet Acceptable Use Policy – Effective 04/16/12
By using this site, and services owned and/or operated by Desert Lakes Management Inc. and its Agents referred to as “DLM”, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in this statement shall mean the DLM Inc. and Agents Customer of record and DLM Inc. and Agents Customer end users.
This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants DLM Inc. and Agents the authority to take action to restrict or terminate your access to DLM Inc. and Agents Services as we deem necessary. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any DLM Inc. and Agents website, contracts, and any product offerings or programs described on any DLM Inc. and Agents website. Please check back periodically to review any changes to this policy.
DLM Inc. and Agents disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, the provided service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. DLM Inc. and Agents does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall DLM Inc. and Agents (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by DLM Inc. and Agents to enforce this policy in every instance in which it might have application does not amount to a waiver of DLM Inc. and Agents future rights.
You must use this site and the services provided in accordance with the terms of this policy and your DLM Inc. and Agents Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.
User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and DLM Inc. and Agents Services, the following rules have been established to protect against abuse.
Use of DLM Inc. and Agents website or services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the DLM Inc. and Agents Network or DLM Inc. and Agents Services or any other party’s use or enjoyment of this site, is strictly prohibited.
Specifically, you may not:
· Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any DLM Inc. and Agents Services or those of any other party, both internal or external to DLM Inc. and Agents
· Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
· Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
· Falsify address information or otherwise modify e-mail headers to conceal the sender’s or the recipient’s identity
· Use this site or DLM Inc. and Agents Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider
Additionally, you may not, by use of any DLM Inc. and Agents Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:
· Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent, pornographic or inaccurate
· Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
· Is posted in violation of a newsgroup charter
· Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
· Has a negative effect on DLM Inc. and Agents or its network (including, without limitation, overloading servers on the DLM Inc. and Agents Network; causing portions of the DLM Inc. and Agents Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of DLM Inc., impose an unreasonable administrative burden on the company..
· Constitutes unsolicited duplicative e-mail (commercial or otherwise)
· This prohibition extends to the sending of unsolicited and/or mass e-mailings from any DLM Inc. and Agents account, or via another service which in any way (i) implicates the use of this site or DLM Inc. and Agents Services, DLM Inc. and Agents equipment or any DLM Inc. and Agents-mail address; (ii) that is relayed from any DLM Inc. and Agents or third party’s mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the DLM Inc. and Agents Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
· A communication may be unsolicited if: (1) recipients’ email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
· Senders should: (i) confirm that the actual owner of each email address, particularly email that are part of a list, agreed to receive email and/or bulk email from the sender; (ii) include their email and/or physical address in any bulk mailings; and (iii) provide recipients with an effective means of removing their email from lists.
PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”) (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (Amended effective July 1, 1999); the Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.
DLM Inc. reserves the right to take any and all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the DLM Inc. and Agents Network, including the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to DLM Inc. and Agents which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. DLM Inc. and Agents will use commercial reasonable efforts to ensure that such testing will not adversely affect Service provided to Customer or compromise the security of Customer’s network. Customer may be required to correct any system vulnerability upon notification and/or suspend or terminate operations of a known compromised system.
Your participation in online communication or use of any DLM Inc. and Agents service is not edited, censored or otherwise controlled by DLM Inc. However, DLM Inc. and Agents reserves the right to monitor content on this site and any through any DLM Inc. and Agents Services to remove content, disable sites, or suspend or terminate services if DLM Inc., in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
DLM Inc. and Agents makes no representation that materials available on this site or any or through any DLM Inc. and Agents service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by DLM Inc. and Agents from other locations are responsible for compliance with local law.
Intellectual Property Rights
Copyright: All DLM Inc. and Agents web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of DLM Inc. and Agents. © 2008. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and DLM Inc. and Agents shall, in any event, retain all copyright and other proprietary interests therein.
Trademark:DLM Inc. and Agents; the DLM INC. AND AGENTS design logo; WESTERN WIMAX; and all other related names, design marks, product or feature names are either registered trademarks or trademarks of DLM Inc. and Agents in the United states and/or other countries. DLM Inc. and Agents marks may not be used without the express written permission of DLM Inc… All other products and services referenced in this site are the trademark or services marks of their respective owners.
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any DLM Inc. and Agents service. Nothing on any DLM Inc. and Agents website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to DLM Inc. and Agents by virtue of it being displayed or made accessible on any DLM Inc. and Agents website. Except as expressly authorized, you agree not to use this site or any DLM Inc. and Agents Service in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any DLM Inc. and Agents Services.
If you use a domain name or content in connection with the DLM Inc. and Agents web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.
User’s Grant of Limited License
By posting or submitting content to any DLM Inc. and Agents website, you:
· Grant DLM Inc. and Agents the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the DLM Inc. and Agents Privacy, which is incorporated in and made a part of this Policy; and,
· Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by DLM Inc. and Agents will not infringe or violate the rights of any third party.
Internet Relay Chat Rules
You must not use any programs that may or will interfere with another’s use of this site or DLM Inc. and Agents Services. You must not run any Internet Relay Chat (“IRC”) robot on any IRC server which might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
Dial-up Use Rules
When accessing DLM Inc. and Agents Services via any parties dial-up services, you must not use DLM Inc. and Agents Services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or “pinging” a DLM Inc. and Agents host, are prohibited.
Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of Arizona without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the State of Arizona.
The DLM Inc. and Agents Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by DLM Inc. and Agents subscribers. DLM Inc. and Agents takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary. DLM Inc. and Agents assumes no responsibility for costs incurred for defending or asserting a violation of the DLM Inc. and Agents Terms of Service Agreement or Acceptable Use Policy.
General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to DLM Inc. DLM Inc. and Agents will reasonably investigate incidents involving such violations. DLM Inc. and Agents may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
Fraud Complaints:DLM Inc. and Agents recognizes that acts of fraud can be and are committed over the Internet. DLM Inc. and Agents encourages all Customers and Internet users to be vigilant about protecting their personal information, account numbers, id’s, passwords, etc. As with non-Internet fraud, fraud complaints are best and most appropriately made to law enforcement authorities. If you believe you have been the victim of Internet fraud (either via the web or through email), DLM Inc. and Agents encourages you to contact your local or state consumer protection authority, or one among several U.S. agencies that handle complaints about Internet fraud, including:
· Federal Trade Commission (FTC) Complaints about consumer fraud (e.g. related to retail, banking and other on line activity) can be filed with the FTC at https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01;
· InternetFraudComplaintCenter (IFCC) is a joint effort of the FBI and the NationalWhiteCollarCrimeCenter; complaints about Internet fraud may be filed with the IFCC at http://www.ifccfbi.gov/index.asp;