DHI TELECOM GROUP Terms and Conditions
1. TERMS & CONDITIONS. The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and DHI TELECOM GROUP. DHI TELECOM GROUP provides its Internet access services ("Services"), as they may exist from time to time to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with DHI TELECOM GROUP, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other DHI TELECOM GROUP policies posted on the DHI TELECOM GROUP website.
2. RESELLER OBLIGATIONS.Company shall sell, transfer, and deliver to Reseller the Products at the per unit cost set forth in the Authorized Reseller Agreement (Agreement) and Reseller shall sell the product at the ‘Suggested Retail Price’ as shown in the Agreement unless otherwise agreed in writing by the Parties. Youmust: (i) provide DHI TELECOM GROUP with accurate and complete electronic funds transfer (EFT) information including legal name, address, telephone number and (ii) Report to DHI TELECOM GROUP all changes to this information within 30 days of the change. If you have questions regarding charges to an account, you should contact DHI TELECOM GROUP Internet Services Customer Service Department at www.DHI Telecom Group.com/contact or submit a ticket through the Help Desk.
3. YOUR USERNAME AND PASSWORD SECURITY. U. Upon registration, you will receive a username, password, and account identification number. You are the only authorized user of your DHI TELECOM GROUP account. You should keep your password confidential so that no one else may access the Services through your account. Please notify DHI TELECOM GROUP immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a LAN connection. Usernames and passwords are DHI TELECOM GROUP property and DHI TELECOM GROUP may alter or replace them at any time.
4. MONITORING THE SERVICES. DHI TELECOM GROUP has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if DHI TELECOM GROUP in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.
5. WARRANTY DISCLAIMER. Except for certain products and services specifically identified as being offered by DHI TELECOM GROUP, DHI TELECOM GROUP does not control any materials, information, products or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. DHI TELECOM GROUP has no control over and accepts no responsibility for such materials. You assume full responsibility and risk of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness and usefulness of all services, products, and other information and the quality and merchantability of all merchandise provided through the service or the Internet.
6. LIMITATION OF LIABILITY. The Services are provided on an as-is and as- available basis. DHI TELECOM GROUP does not warrant that the Services will be uninterrupted, including but not limited to scheduled and/or unscheduled local power interruptions, brown outs, black outs, power surges or power outages. DHI TELECOM GROUP does not warrant that the Services will be error-free or free of viruses or other harmful components. DHI TELECOM GROUP makes no warranties, express, implied or statutory and customer waives all warranties, including but not limited to: warranties of title, non-infringement merchantability and fitness for a particular purpose regarding any merchandise, information or service provided by or through DHI TELECOM GROUP or indirectly. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in communications and technology and DHI TELECOM GROUP does not make any assurances or warranties relating to such risks. No advice or information given by DHI TELECOM GROUP or its representatives will create a warranty. DHI TELECOM GROUP and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services or the Internet, including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages in any event DHI TELECOM GROUP cumulative liability to any customer for any and all claims relating to the use of the Services and/or licensed programs will not exceed the total amount of service fees paid during a one year period preceding the accrual of the claim.
7. INDEMNIFICATION.You agree, at your expense, to defend and hold harmless DHI TELECOM GROUP and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
8. ACCEPTABLE USE POLICY. All customers of the Services and users of the DHI TELECOM GROUP website and/or the DHI TELECOM GROUP software agree to and must comply with this section 8, which is DHI TELECOM GROUP’s Acceptable Use Policy (AUP), and your use of any Services, website or software provided by DHI TELECOM GROUP constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. DHI TELECOM GROUP does not actively monitor the use of the Services under normal circumstances. Similarly DHI TELECOM GROUP does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, DHI TELECOM GROUP may remove, block, filter, or restrict by any other means any materials that, in DHI TELECOM GROUP's sole discretion, may be illegal, may subject DHI TELECOM GROUP to liability or may violate this AUP. DHI TELECOM GROUP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or DHI TELECOM GROUP account or other actions as detailed below. Without limiting the foregoing, you agree not to use the Services to:
I.Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
II.Harm, or attempt to harm, minors in any way;
III.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
IV.Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
V.Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
VI.Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam, "chain letters", "pyramid schemes", or any other form of solicitation
VII.Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
VIII.Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
IX.Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
X.DHI TELECOM GROUP reserves the right to block any PC connected to the DHI TELECOM GROUP network that is knowingly or unknowingly transmitting software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
XI.Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
XII."stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent
XIII.Resell the Services without DHI TELECOM GROUP's written authorization and expressed written consent
XIV.Use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server DHI TELECOM GROUP requests that anyone who believes that there is a violation of the AUP submit the information to the Help Desk. If available, please provide the following information: (i) The IP address used to commit the alleged violation. (ii) The date and time of the alleged violation, including the time zone. (iii) Evidence of the alleged violation When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. DHI TELECOM GROUP may take any one or more of the following actions, or other actions not listed, at DHI TELECOM GROUP's sole discretion in response to complaints: (i) Issue warnings, written or oral. (ii) Suspend the customer's account. (iii) Terminate the customer's account. (iv) Bill the customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost. (v) Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
9. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
10. COPYRIGHTS AND TRADEMARKS. All content included on DHI TELECOM GROUP's website, including but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of DHI TELECOM GROUP, its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the DHI TELECOM GROUP website without the expressed written consent of DHI TELECOM GROUP is strictly prohibited.
11. GUARANTEES. Advertised "up to" speeds may not be achieved 100% of the time. Advertised "up to" speeds are the maximum advertised download data rates an individual account can achieve at any given time in a continuous 24-hour period. DHI TELECOM GROUP cannot guarantee dedicated bandwidth during peak time. Your speeds during peak time will vary.
12. PEAK TIME."Peak Time" is approximately 6pm-1am local time, 7 days per week and during above-average internet usage patterns such as holidays.
13. TERMINATION. Without prior notice, DHI TELECOM GROUP may terminate this Agreement, your password, your account, or your use of the Services, if DHI TELECOM GROUP, in its sole discretion, believes you have violated this Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. DHI TELECOM GROUP may provide termination notice to you by email.