DCTexas provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1.1 The Service includes: Internet access.
1.2. Any means of identification assigned to you by DCTexas (including user names and email addresses) will remain the property of DCTexas and at DCTexas's sole discretion may be altered or replaced at any time.
1.3. DCTexas makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. DCTexas reserves the right to change the Service or any of its features at any time with or without notice.
2. Registration Requirements.
2.1. Member certifies to DCTexas that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide DCTexas with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to DCTexas within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3.1. Setup fees are nonrefundable, and DCTexas does not issue pro rated refunds for fees paid in advance.
3.2. DCTexas offers Unlimited Internet access subject to the following limitations:
3.2.1. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR DCTEXAS DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. DCTEXAS IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESSES THE SERVICE THROUGH YOUR ACCOUNT.
3.3. Current prices for DCTexas services are posted on DCTexas's Website at http://www.DCTexas.net/ these prices may also be obtained by calling 1-866-328-3927. DCTexas reserves the right to change prices and institute new fees. DCTexas may change rates or institute new charges at any time upon 30 days prior notice. DCTexas does not issue pro rated fee refunds, or refunds on any pre-paid services.
3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to DCTexas for insufficient funds.
3.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at DCTexas's sole discretion.
If your account incurs charges, which are denied by your financial institution, DCTexas reserves the right to re-bill for those charges, regardless of your account status.
If your account is suspended, regular charges continue to accrue until you cancel your account. DCTexas may, at its sole discretion, charge a fee of $20.00 to reinstate an inactive account.
3.6. Interest charges of 3% per month (or the highest rate permitted by law if lower than 3% per month) will accrue daily on any unpaid balance, which is more than 30 days old.
3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.8. If you believe that DCTexas has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
3.9. A late fee of $8.00 will be applied to accounts with a delinquent balance.
4. Use of the Service.
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your DCTexas account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or user name from two or more computer systems.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
4.3. You are responsible for all charges assessed as a result of use of your account. However, DCTexas will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify DCTexas within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the Service.
4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects DCTexas to liability; or is in contravention of DCTexas's Acceptable Use Policy. You agree to comply with all DCTexas security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
5. Monitoring the Service; Disclosure of Member Information.
DCTexas has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, DCTexas will not disclose member information to outside persons or entities for the purpose of soliciting DCTexas members.
DCTEXAS, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
6. No Warranties Provided by DCTexas.
6.1. Except for certain products and services specifically identified as being offered by DCTexas, DCTexas does not control any information, products or services on the Internet and except for such DCTexas-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with DCTexas.
6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DCTEXAS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. DCTEXAS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH DCTEXAS OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY DCTEXAS, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 DCTEXAS SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. DCTEXAS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
6.5 DCTexas shall not be liable for any costs or damages arising directly or indirectly from the installation or possesion of any equipment owned by you or DCTexas on your property for any reason.
7. Your Remedies.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL DCTEXAS, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold DCTexas and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account; AND, any damages to any property or life that may be caused by the installation of DCTexas equipment at your location.
9. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is indicated by your continued use of the internet service.
10. Termination of Agreement.
10.1. You may terminate this Agreement by using only the methods outlined in Section.
10.2 Your termination will only be complete upon your receipt of a confirmation from DCTexas. You will receive verbal confirmation if you cancel by telephone and email confirmation if by email. Charges to your account will stop accruing the day you receive your confirmation. DCTexas does not issue pro rated fee refunds or pre-paid service refunds.
10.3. DCTexas may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.
10.4. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to DCTexas all copies of software and documentation that you received from DCTexas.
10.5. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.6. DCTexas's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11.1. You may change or cancel your DCTexas account by the following methods only: written 30 day advance notice sent to DCTexas, 418 S Broadway ste 600, Tyler, Texas 75702; or telephone calls directed to the billing department (1-866-328-3927). All cancellations require a 30 day advance notice. DCTexas will not issue refunds on any prepaid service.
11.2. DCTexas may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to DCTexas's web site at http://www.DCTexas.net; or by US Mail or courier service at the address you provided DCTexas when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
12.1. DCTexas's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and Texas state courts having jurisdiction for with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and DCTexas. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and DCTexas and/or your use of and/or DCTexas's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4. Neither this Agreement, nor any of your rights or obligations arising there under, shall be transferable by you to any third party without DCTexas's prior written consent.
12.5. DCTexas reserves the right to alter amend or modify this Agreement at any time.
13. SPAM Policy
The transmission of any type of material (Email, files, images, etc), whether graphical or textual in content, sent through email, news groups or any other service provided or accessed by DCTexas to other subscribers or non-subscribers without their express consent is prohibited under the terms of this agreement. Transmission of the above referenced material that does not use the DCTexas network but refers to a web site or page contained on the DCTexas servers is also prohibited under the terms of this agreement. Transmissions of any materials described above containing fraudulent or forged information in the headers of any transmission is also prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate termination and a minimum $500.00 fee per complaint and/or individual piece of material, to be paid immediately to DCTexas. Subscriber agrees that if the SPAM Policy is violated that the subscriber's credit card account will be automatically charged the minimum $500.00 per complaint or individual piece of material as payment of this fee. Payment of this fee does not waive any other fines of penalties that may be levied by DCTexas or any other state, federal or international organizations. Any prepaid amounts will be forfeited by subscriber and not included as part of the initial fee.