One Time Payment Page
Please read the below terms and click the "I accept" link at the bottom of the page to continue.
THIS ENTIRE AGREEMENT CAREFULLY.
Our 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 high speed wireless data communications services to you at the address or location specified
in the Service Order, the terms and conditions of the service (the "Service")
and the wireless access device(s) and any other equipment that we 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
East Coast WiFi LLC dba Delmarva WiFi ("DMV
WIFI") and the Customer, both
of whom agree as follows:
- Acceptance. Customer will have accepted and be bound by this Agreement if
Customer does one or more of the following: (1) provides DMV WIFI with a written or electronic signature on a Service
Order; (2) otherwise indicates electronically that Customer orders Service and accepts this Agreement; (3) verbally orders
Service and accepts this Agreement if ordering from DMV WIFI by phone; or (4) activates Service through the Equipment.
- Fees. In the event of Returned Checks for ANY reason
there will be a $35 returned check fee or the maximum amount allowed by law, whichever is higher. In the event of collection
activities for non-payment Customer will be liable for a 20% collection fee in addition to the original amount owed. Past-due
invoices will be charged a $5 late fee after the due date. In the event of any legal dispute Customer will be liable for
any Attorney's fees charged to DMV WIFI to either sue the Customer or defend against the customer's suit regardless of the
outcome. In the event of a disputed credit card charge (chargeback) Customer will be responsible to pay a $50 per-instance
fee in addition to applicable fees aforementioned regardless if the chargeback is granted in favor of the Customer or DMV
- Term. The term of this Agreement is set forth on the Service Order and will normally 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 DMV WIFI or Customer upon thirty (30) days prior, written notice.
Customer warrants 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 DMV WIFI or its contractors to install the Equipment necessary to receive
the Service and agrees to allow DMV WIFI or its contractors access to the premises to install, maintain, or repair the
Equipment. Customer agrees that any custom installation that you request, 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 DMV
WIFI under this Agreement is, and shall remain , the exclusive property of DMV WIFI and must be returned to DMV WIFI in
good and working condition upon the termination or expiration of this Agreement or the termination or disconnection of
your DMV WIFI Service. You must use reasonable care to avoid damaging it, and agree not to alter, modify, sell, license,
assign, encumber, relocate, move or tamper with it. If the Equipment is not returned to DMV WIFI in good and working condition
within 15 days after termination or expiration of this Agreement or the disconnection of your DMV WIFI Service , then DMV
WIFI shall have the right to charge you up to $750 for the Equipment and you agree to pay such charge and you hereby authorize
DMV WIFI to charge such amount to your credit card or checking account (ACH).
- Deinstallation. In
the event of cancellation, the customer may opt to have a Delmarva WiFi contractor or technician deinstall the DMV WIFI
owned equipment. This service is provided for a fee of $149 due and payable prior to cancellation of service. The customer,
may at their option, remove and return the DMV WIFI owned equipment, in proper working condition. The equipment must be
returned to the current billing address found on the most recent customer invoice. In the event the equipment is not returned
within 15 days following service cancellation; DMV WIFI may, at its sole discretion, deinstall and reposess the equipment.
In this instance the customer will be liable for a $149 deinstallation fee. DMV WIFI may, at its sole discretion, choose
to not repossess the equipment and hold the customer liable for the replacement cost of the equipment found in section
3. DMV WIFI may at any time repossess its Equipment from Customer premises (and Customer hereby consents to DMV WIFI’s
entry upon Customer’s premises for such purposes)
- Jurisdiction. This entire
agreement shall be goverened by the laws of Maryland and the venue for any dispute shall be in District or Circuit Court
for Queen Anne’s County, Maryland.
- Payment. Upon activation of Service, Customer agrees
to pay in full 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 (for Residential Customers) or upon presentation of an
invoice (for Business Customers). Residential 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, upon presentation of an invoice. Business 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
or bank account, in advance, upon presentation of an invoice, or such other terms as stated in the Service Order. All invoices
shall be due upon receipt. Customer shall promptly notify DMV WIFI of any changes to the credit or debit card or bank
account used for payment. In addition to DMV WIFI’s charges, Customer also agrees to pay any federal, state, or local
taxes, usage charges, or other fees imposed on Customer or DMV WIFI and directly associated with Customer Service or Equipment.
DMV WIFI will resolve all disputed charges in its sole discretion. If DMV WIFI determines that an error was made, it will
credit Customer's account in the amount of the error. If Customer fails to pay when due, DMV WIFI may charge Customer
a late fee of 10% of the amount due or such amount as is permitted by law. If Customer fails to pay by due date, then DMV
WIFI may suspend Service without notice; restarting Service will require payment of all amounts due, in addition to a re-activation
fee of $45. If accounts past due days are not resolved promptly, DMV WIFI may at any time repossess its Equipment from
Customer premises (and Customer hereby consents to DMV WIFI’s entry upon Customer’s premises for such purposes)
In addition, if Customer fails to pay any amounts when due under this Agreement, DMV WIFI 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 attorney’s fees.
- Acceptable Use. You must use the Service in accordance
with all federal, state and local laws, ordinances, and regulations. DMV WIFI 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 an unwitting source of spam or malicious software that would require us to suspend
or terminate your service. DMV WIFI can recommend a third-party provider to provide, install, and maintain such protection
for you at modest cost. DMV WIFI also strongly recommends that in-home or in-office wireless networks be installed and
configured for 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. DMV WIFI can recommend a
third-party provider to, provide, and install such networks for you using equipment that will provide the same high level
of encryption as our wireless network.
- User Conduct, Prohibited or Unlawful Use, Excessive
Use. In order to maintain
our network to meet the needs of the users of the Service, you 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 DMV WIFI 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;
with Service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload
- 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.
you 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 DMV WIFI’s
- Is threatening, abusive, libelous or defamatory,
indecent or obscene, fraudulent, invasive of another's privacy, or pornographic;
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;
viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Damages DMV WIFI’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 DMV WIFI account or via another
service which in any way implicates the use of this Service or any DMV WIFI e-mail address or that is relayed from any
DMV WIFI or third party's mail servers without permission.
- DMV WIFI 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 DMV WIFI Network.
The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.
- DMV WIFI 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 DMV WIFI concludes, in its sole discretion, that you are exceeding
what DMV WIFI considers to be a reasonable use for such Service ordered, DMV WIFI may change your service as provided for
herein with notice or alternatively, suspend or terminate your service in its sole discretion.
- Our participation in online communication accessed through the Service is not edited,
censored or otherwise controlled by DMV WIFI. However, DMV WIFI 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 DMV WIFI
determines such content or user practices are harmful, offensive, or otherwise in violation of this Policy.
- By posting or submitting content to any DMV WIFI website, you grant
DMV WIFI 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 DMV WIFI will not infringe or
violate the rights of any third party.
- You acknowledge
and agree that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content
and materials available on any DMV WIFI website or through the DMV WIFI Service. Except as expressly authorized, you agree
not to use the Service in any manner that would infringe, violate, dilute or misappropriate any such rights with respect
to any material.
- The DMV
WIFI name, logo, and design marks are trademarks of DMV WIFI, and may be used only with the express written permission of
- DMV WIFI takes customer violations seriously
and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other
action as necessary.
- DMV WIFI 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. DMV WIFI does not assume any liability
for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall DMV
WIFI (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 or use of any DMV WIFI websites associated with the Service, including
any loss of use, data or profits, regardless of the form of action. Any failure by DMV WIFI to enforce this Policy in
every instance in which it might have application does not amount to a waiver of DMV WIFI's rights.
- Please send reports of any activity in violation of law or this Policy to firstname.lastname@example.org.
DMV WIFI and its service providers will reasonably investigate incidents involving such violations. DMV WIFI and its service
providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected.
- Customer agrees to be bound by DMV WIFI’s Acceptable Use
Policy, as amended from time to time by DMV WIFI and posted on the www.delmarvawifi.com web site and hereby made a part
of this Agreement. Customer agrees to use the Service in accord with the Acceptable Use Policy and all applicable laws.
Customer is solely responsible for all content transmitted using the Service or the Equipment and shall not use the Service
or the Equipment in ways that could be harmful, damaging, or cause interference to DMV WIFI’s network or to others.
Specifically, Customer 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. DMV WIFI reserves the unilateral right to
suspend or terminate service to any account engaging in such activities.
- In addition, DMV WIFI Customers may not resell or lease DMV WIFI’s Service or Equipment to any other person
or party, provide it to persons not resident on Customer’s premises, use it to operate an Internet Service Provider
enterprise, or operate servers connected to the Internet for commercial purposes. Business customers may not resell Internet
- Service Availability and Speed. DMV WIFI’s wireless network is highly
reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of DMV WIFI’s
control, such as lightning strikes, can damage equipment, and the quality and availability of Internet access experienced
by Customer can also be affected by viruses or other problems in Customer’s computers or by conditions on the Internet
itself. Service also may be temporarily unavailable during system repairs or modifications. It is DMV WIFI’s intent
to provide at least the access speeds indicated on the Service Order for a particular level of Service at all times, but
Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions
on the Internet. DMV WIFI does not make a specific service level guarantee 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 DMV WIFI’s
network. Your Service may limit the amount of data that you can 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 particular
Service by referring to your Service Order or DMV WIFI’s Acceptable Use Policy which may be modified from time to
time at DMV WIFI’s sole discretion. If during any month, you exceed a monthly bandwidth limit associated with your
service DMV WIFI may, going forward, change your service to one permitting such bandwidth use and you agree to the standard
fees DMV WIFI charges for such level of service. DMV WIFI will provide you with thirty (30) days advance notice of any
change to your Service plan or rates.
- Content. Customer acknowledges that DMV WIFI 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 DMV WIFI or third
parties over DMV WIFI’s Service. Customer also acknowledges that DMV WIFI 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
- Privacy. DMV WIFI will take reasonable efforts to safeguard any personal
Customer information that it collects in the course of checking credit, planning installation, or providing Service. DMV
WIFI does not sell Customer information nor share it with third parties (except DMV WIFI’s contractors when required
for the performance of their services) nor disclose it except to authorized officials or agencies as required by law.
DMV WIFI may from time to time offer additional services to its customers, but any Customer may contact DMV WIFI to opt
out of receiving such marketing offers.
- Suspension or
Termination of Service. DMV WIFI
may limit, suspend or terminate Customer's Service or this Agreement at any time and without providing notice to Customer
if: Customer fails to pay any charges when due under this Agreement; DMV WIFI has reason to believe that Customer's Service
is being used in a fraudulent manner or for an illegal purpose or in a way that adversely affects other customers' Service;
or Customer's use of the Service or Equipment exceeds limitations or violates any restrictions placed on Customer's account
or otherwise breaches this Agreement. DMV WIFI 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.
Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent
through the Service or to notify DMV WIFI of attacks or the potential for attacks by viruses or sources of "spam"
from within its network. DMV WIFI reserves the unilateral right to filter "spam" or prevent "hacking,"
"viruses" or other potential harms without regard to any Customer preference. DMV WIFI may suspend or terminate
Service to any Customer, without prior notice, if in its sole judgment such action is required to protect its network.
Such a circumstance might occur if DMV WIFI detects activity at variance with its Acceptable Use Policy or if, for example,
an unprotected computer attached to its network becomes taken over by a third party with or without the knowledge of the
Customer and becomes an unchecked source of "spam." DMV WIFI shall not be liable to Customer for exercising
or failing to exercise its rights under this Section to limit, suspend, or terminate Service.
- Limitation of Liability and Indemnification. DMV WIFI 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. DMV WIFI 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 DMV WIFI or any
other action taken by DMV WIFI to protect its network and the rights or property of DMV WIFI, its customers or licensors
from potential harm; any damage or personal injury allegedly caused by use of the Equipment or Service; any other damage
due directly or indirectly to causes beyond DMV WIFI’s control, including, but not limited to, any act or omission
of any carrier or service provider other than DMV WIFI; or acts of God, acts of public enemies, acts of the government,
acts or failure to act of Customer, its licensors, agents, employees or subcontractors, 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 DMV WIFI’s subcontractors. DMV WIFI’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, DMV WIFI 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.
- DMV WIFI will not be liable for
any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third
party, including DMV WIFI’s contractors; all DMV WIFI contractors are required to carry liability insurance. If Equipment
is lost or stolen, Customer agrees to promptly notify DMV WIFI and to provide DMV WIFI with any documentation or information
that it requests and otherwise cooperate with DMV WIFI in the investigation of such incident. Customer shall be responsible
for any loss or damage to any Equipment belonging to DMV WIFI on Customers premises.
- Customer shall indemnify, defend, and hold DMV WIFI harmless from any violation by Customer
of any applicable law or regulation. Customer will further indemnify DMV WIFI for any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of information or Content that Customer submits, posts, transmits
or makes available through the Service or Customer's use of the Service or Equipment; Customer's actual or alleged violation
of this Agreement; or Customer's actual or alleged violation of any rights of a third party.
This Agreement and the documents to which it refers form the entire agreement between Customer and DMV WIFI. 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 DMV WIFI in exercising any right or remedy shall operate as a waiver. Any waiver by DMV WIFI of any provision
in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.
Clicking here indicates your acceptance of the above terms and acts as your electronic signature. "I accept"