D and B Broadband, LLC 

TERMS OF SERVICE

10/1/2020

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. This Agreement with you (the "Customer"), consists of this document, and the Service order (collectively, the Agreement").

You acknowledge receipt of these documents, which describe our “WISP” (Wireless internet service provider) high speed wireless internet services to you at the address or location specified on your monthly invoice, the terms and conditions of the service (the "Service") and the wireless access device(s) and any other Equipment that we may provide to you, including any licensed software loaded on the Equipment (collectively, the "Equipment"). The Agreement defines our obligations to you, and your obligations in using the Service and the Equipment. This Agreement governs the entire relationship between D and B Broadband, LLC. ("D and B Broadband") and the Customer, both of whom agree as follows:

1.   Acceptance 

Customer has accepted and shall be bound by all the terms and conditions set forth in this Agreement when they:

1. Provide D and B Broadband with a written or electronic signature on a service order.
2. Verbally orders service and accepts this Agreement if ordering from D and B Broadband by phone
3. Activate and or uses internet service through the Equipment
4. Pay a D and B Broadband invoice
5. Utilize the web portal for one time or recurring credit card payment.

2.   Fees 

Checks returned for any reason will be subject to a returned check fee charged to your account. In the event of collection activities for non-payment Customers may be liable for a 20% collection fee in addition to the original amount owed.

Past-due invoices may be charged a 18% late fee after the due date.

In the event D and B Broadband must use legal means for collection of past due amounts from the Customer, the Customer will be liable for all legal and filing fees charged to D and B Broadband when any award is in favor of D and B Broadband.

In the event of a disputed credit card charge (chargeback) the Customer will be responsible to pay the chargeback fee if the chargeback is granted in favor of D and B Broadband.

In the event any loss of service is found to be the fault of the Customer or Customer owned Equipment, including but not limited to wireless router, computer, or other Equipment attached to the D and B Broadband network, an hourly troubleshooting fee may be charged. The troubleshooting fee may be charged without any obligation of D and B Broadband to repair, replace or otherwise alter Customer owned Equipment.

3.   Term 

The term of this Agreement is set forth on the service order and will be month to month unless otherwise indicated. The term begins with the date of the service order or the date upon which service activation occurs, whichever is later.

This Agreement shall automatically renew on a month to month basis until terminated by either D and B Broadband or Customer upon thirty (30) days prior, written notice.

4.   Installation

Customers warrant that they are at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the equipment and receive the service.

In the case of an apartment or condominium, Customer warrants that they have confirmed that placement of an access device including antenna, if needed, in a common area is not in violation of building owners or other restrictions.

Customer hereby authorizes D and B Broadband or its contractor to install the Equipment necessary to receive the service and agrees to allow D and B Broadband or its contractor access to the premises to install, maintain, or repair the Equipment.

Customers agree that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges.

The Equipment supplied by D and B Broadband under this Agreement is and shall remain the exclusive property of D and B Broadband and must be returned to D and B Broadband in good and working condition upon the termination, expiration, or disconnection of your D and B Broadband service.

Customers must use reasonable care to avoid damage to the Equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment.

Any Equipment that is not returned to D and B Broadband in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement then D and B Broadband shall have the right to charge you up to $500 for the Equipment and Customer agrees to pay such charge and Customer hereby authorizes D and B Broadband to charge such amount to your credit card or checking account. In the event D and B Broadband does not have the Customer credit card or checking account information on file the Customer agrees to immediately pay D and B Broadband for the Equipment upon presentation of an invoice.

5.   Jurisdiction 

This entire Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and the venue for any dispute shall be in a District Court for the County of York, Pennsylvania.

6.   Payment

Upon activation of Service, Customer agrees to pay D and B Broadband in full for all installation and activation fees, if applicable and any Equipment purchase fees by pre-authorized charge to a valid credit card, debit card, check, cash or money order or upon presentation of an invoice.

Customers agree to pay for Service at the rate indicated in the service order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card, payment by check is available only in advance, or upon presentation of an invoice.

All invoices shall be due upon receipt. Customer shall promptly notify D and B Broadband of any changes to the credit or debit card or bank account used for payment. In addition to D and B Broadband’s charges, the Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or D and B Broadband and directly associated with Customer service or Equipment.

D and B Broadband will resolve all disputed charges in its sole discretion. If D and B Broadband determines that a billing error was made, it will credit Customer's account in the amount of the error.

If Customer fails to pay an amount when due, D and B Broadband may charge Customer a late fee of 18% of the amount due, or such amount as is permitted by law. If Customer fails to pay by the due date, then D and B Broadband may suspend service without notice.

If service has been terminated or suspended for non-payment, restarting service will require payment of all amounts due.

If past due accounts are not resolved promptly, D and B Broadband may at any time repossess its Equipment from Customer premises and Customer hereby consents to D and B Broadband’s entry upon Customer’s premises for such purposes. In addition, if Customer fails to pay any amounts when due under this Agreement, D and B Broadband shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of collection or repossession, including any reasonable attorney’s fees.

7.   Acceptable Use

Customers must use the service in accordance with all federal, state and local laws, ordinances, and regulations.

D and B Broadband strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service.

D and B Broadband also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our service, which could also result in suspension or termination of your account.

8.  User Conduct, Prohibited or Unlawful Use, Excessive Use

In order to maintain our network to meet the needs of the users of the service, Customer may not use the service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the D and B Broadband network or the service or any other party's use or enjoyment of the service.

Specifically, you may not:

• Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the service, or to probe, scan or test the vulnerability of a system or network associated with the service or those of any other party.

• Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

• Forge or falsify any TCP-IP packet header or any part of the header or address information in an e- mail or a newsgroup posting or otherwise conceal the sender's or the recipient's identity. Use the service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

Additionally, Customer may not, by use of the 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, in D and B Broadband’s judgment:

• Is threatening, abusive, libelous or defamatory, indecent or obscene, fraudulent, invasive of another's privacy, or pornographic.

• Victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.

• Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Damages D and B Broadband’s network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers.

• Use the Service to send unsolicited mass e-mailings from any D and B Broadband account or via another service which in any way implicates the use of this service or any D and B Broadband email address or that is relayed from any D and B Broadband or third party's mail servers without permission.

• D and B Broadband reserves the right to take 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 D and B Broadband Network. The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.

• D and B Broadband reserves the right to limit the amount of data that you may upload and/or download each month (bandwidth) based on the type of service you have ordered, and the price associated therewith. If D and B Broadband concludes, in its sole discretion, that Customer is exceeding what D and B Broadband considers to be a reasonable use for such Service ordered, D and B Broadband may change Customers service as provided for herein with notice or alternatively, suspend or terminate your service.

• Participation in online communication accessed through the service is not edited, censored or otherwise controlled by D and B Broadband. However, D and B Broadband reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the service if D and B Broadband determines such content or Customer practices are illegal, harmful, offensive, or otherwise in violation of this policy.

• By posting or submitting content to any D and B Broadband website, Customer grants D and B Broadband the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose; and you also 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 D and B Broadband will not infringe or violate the rights of any third party.

• Customers acknowledge and agree that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content and materials available on any D and B Broadband website or through the D and B Broadband Service. Except as expressly authorized, Customer agrees not to use the Service in any manner that would infringe, violate, dilute or is appropriate any such rights with respect to any material.

• The D and B Broadband name, logo, and design marks are trademarks of D and B Broadband, and may be used only with the express written permission of D and B Broadband.

• D and B Broadband takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.

• D and B Broadband 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, THIS 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. D and B Broadband DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL D and B Broadband BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY D and B Broadband WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY D and B Broadband TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES NOT AMOUNT TO A WAIVER OF D and B Broadband’S RIGHTS.

• Customers shall be bound by D and B Broadband's Acceptable Use Policy as amended from time to time and posted on the www.dandbbroadband.com website, which is hereby incorporated by reference as part of this Agreement.

Customers are solely responsible for all content transmitted using the service or the Equipment and shall not use the service or the Equipment in any way that could be harmful, damaging, or cause interference to D and B Broadband’s network or to others.

Specifically, Customers shall not use the service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages, to send or broadcast unsolicited commercial messages, to infringe copyrights, patents, or other intellectual property, to attempt to gain unauthorized or illegal entry to other’s computer systems or to transmit any virus, worm, or other malicious or potentially damaging code. D and B Broadband reserves the unilateral right to suspend or terminate service to any account engaging in such activities.

• In addition, D and B Broadband Customers may not resell or lease D and B Broadband’s service or Equipment to any other person or party, provide it to persons not a resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes.

9.  Service Availability and Speed

D and B Broadband’s wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of D and B Broadband’s control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Internet access.

The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself.

Service may be temporarily unavailable during system repairs or modifications.

It is always D and B Broadband’s intent to provide the access speeds indicated on the service order for a particular level of service , however, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet.

D and B Broadband does not make any specific service level guarantees or provide remedies for disruption of service unless specified on a service order or expressly set forth in this Agreement, but may at its sole discretion, give credit for or refund payments for any periods when its service is unavailable to Customer through failure of D and B Broadband’s network.

Your service may limit the amount of data that limits your upload and or download each month (bandwidth) or may be priced according to the amount of bandwidth you use per month. Please see the description of your service by referring to your service order. If during any month, you exceed a monthly bandwidth limit associated with your service D and B Broadband may change your service to one permitting such bandwidth use and you agree to the standard fees D and B Broadband charges for such level of service. D and B Broadband will provide you with thirty (30) days advance notice of any change to your service plan or rates.

10.   Content 

Customer acknowledges that D and B Broadband offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services (Content) provided by D and B Broadband or third parties over D and B Broadband’s Service.

Customer also acknowledges that D and B Broadband is not responsible for the actions of any third parties contacted by Customer over the service. Customer takes full responsibility for use of content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such content over the service without prior written consent from content owners or rights holders.

11.   Privacy 

D and B Broadband will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing service. D and B Broadband does not sell Customer information or share it with third parties, except D and B Broadband’s contractors, when required for the performance of their services.

D and B Broadband will only disclose Customer information to authorized officials or agencies as required by law.

12.   Suspension or Termination of Service

D and B Broadband may limit, suspend or terminate Customer's service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement, or D and B Broadband has reason to believe that Customer's service is being used in a fraudulent manner or illegal purpose, or in any way that adversely affects D and B Broadband’s Customers or service, or if Customer's use of the service or Equipment exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement.

D and B Broadband may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its services and Equipment. Customers acknowledge that such action may include the use of methods or technologies to filter or block messages sent through the service or to notify D and B Broadband of attacks or the potential for attacks by viruses or sources of "spam" from within its network.

D and B Broadband reserves the right to filter spam or prevent hacking, viruses or other potential harms without regard to any Customer preference.

13.   Limitation of Liability and Indemnification

D and B Broadband makes no representations or warranties, statutory, express or implied, as to the suitability of its service for any particular purpose or as to the Equipment.

Customer assumes all responsibility for use of the service and acknowledges that interruptions of service may occur.

D and B Broadband shall not be liable for any deficiency in the service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the service, or problems of unauthorized access, any suspension or termination of service by D and B Broadband or any other action taken by D and B Broadband to protect its network and the rights or property of D and B Broadband, its Customers or licensors from potential harm, damage or personal injury allegedly caused by use of the Equipment or Service or any other damage due directly or indirectly from causes beyond D and B Broadband’s control including, but not limited to, any act or omission of any carrier or service provider other than D and B Broadband, acts of God, acts of public enemies, acts of the government, acts or failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of D and B Broadband’s subcontractors.

D and B Broadband’s sole liability for service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of service disruption or other credit specified in a service order. Such compensation aside, and to the extent permitted by applicable law, D and B Broadband shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties.

This section shall survive termination of this Agreement. D and B Broadband will not be liable for any damages, including property damages, roof damages such as water leaks or any other form of damage resulting from installation or use of the Equipment by Customer or any third party, including D and B Broadband’s contractors.

If Equipment is lost or stolen, Customer agrees to promptly notify D and B Broadband and to provide D and B Broadband with any documentation or information that it requests and otherwise cooperate with D and B Broadband in the investigation of such incident.

Customer shall be responsible for any loss or damage to any Equipment belonging to D and B Broadband on Customer’s premises. Customer shall indemnify, defend, and hold D and B Broadband harmless from any violation by Customer of any applicable law or regulation.

15.   General

This Agreement and the documents to which it refers form the entire Agreement between Customer and D and B Broadband. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this service Agreement on behalf of the Customer is authorized to do so.

This Agreement is not for the benefit of any third party. No failure or delay by D and B Broadband in exercising any right or remedy shall operate as a waiver. Any waiver by D and B Broadband of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.

15.   Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

16. Changes to this agreementThis agreement may be changed, and or updated at any time without prior notification. The most recent version of this agreement may always be found on the website of D and B Broadband. www.dandbbroadband.com