TERMS AND CONDITIONS
1. The Services.
1.1 Definition. The services consist of a Wireless Internet access service as further described in this Agreement (the~
1.2. Monthly Fees and Payments. You agree to make a monthly payment by the payment due date for the Services.
2. Billing Policies and Payments for Services
2.1. Payment. You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, that are
now or may in the future be assessed in connection with any Services you receive from us. We will bill you each month in
advance for the Services until you cancel your Services. Bills you receive will show the total amount due, the payment due
date, payments, credits and certain other charges to your account.
2.2. Payment Dates. You agree to pay us in full each month by the payment due date indicated on your bill for your
Services and for any other charges due and owing to us, including without limitation any fees named in this Section 2. If
you do not pay your bill in full on or before its due date, you agree to pay a late payment fee in the amount of $15.00.
Other fees and charges may also be assessed, including without limitation, a returned payment fee (“Returned Payment
Fee”) in the event that such nonpayment arises from insufficient funds. If partial payments are made, they will be applied
first to the oldest outstanding bill. Delta Wireless Internet LLC does not extend credit to our customers, and the Late Payment Fee is not
interest, a credit service charge or a finance charge. You understand and agree that in the case of late payment or
nonpayment for any Services ordered by you or for any of the charges stated below, we may report such late payment or
nonpayment to credit reporting agencies. If you do not pay your bill in full by its due date, or if you at any time otherwise
fail, neglect or refuse to make timely payment for your Services, we have the right to disconnect your Services at any time
thereafter, in our sole discretion, and in such event we shall be wholly relieved from any and all of our duties and
obligations under this Agreement. If your Services are disconnected for nonpayment or for any other reason, Delta Wireless Internet LLC
may require you to pay, and you hereby agree to pay, all past due charges, a fee for reconnection (“Reconnect Fee”) in the
amount of $15.00, and all outstanding balances accrued through the date of such disconnection, before we reconnect your
2.3. Costs of Collection. If we use a collection agency or attorney to collect any money you owe us or to assert any other
right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs
might include, but are not limited to, the costs of a collection agency, reasonable attorneys’ fees and court costs. If there are
billing errors or other requests for credit, you may contact our billing department by telephone or in writing. You must
contact us within twenty (20) days after the date you receive the billing statement for which you are seeking corrections.
Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a
billing statement must be paid before the next billing statement is issued or you agree to pay an administrative fee for late
payment. You must make all payments for Services directly to us.
3. Term; Modifications and Cancellation of Services.
3.1. Ongoing Subscription. Your Services will continue until cancelled or disconnected as provided herein.
3.2. Cancellation. You have the right to cancel your Services for any reason and at any time by notifying us via telephone,
via e-mail or in writing, at the phone number, e-mail address or mailing address set forth in the first paragraph of this
3.3. Payment following Cancellation or Disconnection. If your Services are cancelled or disconnected for any reason, you
are still responsible for the payment of all outstanding balances accrued, including without limitation, any applicable Fees.
4.1. Installation. Delta Wireless Internet LLC Wireless will assist you with setting up your Services; however, the equipment is the property of
Delta Wireless Internet LLC, and upon termination, Delta Wireless Internet LLC has the authority to retrieve such equipment. Delta Wireless Internet LLC
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH ANY EQUIPMENT
INSTALLATION IT PERFORMS AND/OR ANY ASSISTANCE WHATSOEVER OF ANY TYPE THAT IT PROVIDES
YOU IN GAINING INITIAL ACCESS TO THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO
ANY PIECE OF EQUIPMENT OR LOSS OF ANY DATA, INCLUDING WITHOUT LIMITATION: (1) ANY
WARRANTIES UNDER THE UNIFORM COMMERCIAL CODE; (2) ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE USE; AND (3) ANY WARRANTIES OTHERWISE IMPLIED AT LAW
OR IN EQUITY.
4.2. Modifications for Installation. You acknowledge and agree that certain alterations may be necessary
in order to accommodate use of the Delta Wireless Internet LLC service at your location, including but not
limited to holes in the walls, installation of mounting brackets, wiring and wiring enclosures, roof
and shingle alterations, and the like. You hereby indemnify and hold Delta Wireless Internet LLC harmless from
and against all damages or liability, to you or any other party or to your property that may arise
from any necessary alterations to your property.
4.3. Replacement. Delta Wireless Internet LLC will replace its equipment that is damaged by power anomalies, at no
cost to you, if the equipment is connected by you directly into a surge protector which is rated up to
or greater than 3000 joules and further contains a UPS (Uninterruptible Power Supply). If it is
determined that the equipment was not connected to the required surge protector then the cost for
replacing the Delta Wireless Internet LLC equipment will be your responsibility.
4.4. Installation of Mounting Poles. If Delta Wireless Internet LLC is required to install a telescoping pole/mount that is 21′
or taller then you will be responsible for any and all costs associated with the replacement and/or
repair of the pole if it is ever damaged or destroyed, regardless of the cause.
5. Permitted Use And Restrictions On Use.
5.1. Prohibition on Resale. Reselling the Services or otherwise making the Services available to anyone other than the
members of your household (e.g., via Wi-Fi or any other method), in whole or in part, directly or indirectly, whether
monetary compensation is received or not, and whether on a bundled or unbundled basis, is prohibited. The Services are
for your personal, household use only and you agree not to use the Services for operation as an Internet service provider or
for any purpose that makes Services available to any person unaffiliated with you or a computer not under your control, or
as an end-point on a non Delta Wireless Internet LLC local area network or wide area network. In addition, other prohibited activities
include connecting multiple computers behind the cable modem to set up a local area network that in any manner would
result in a violation of the terms of the Acceptable Use Policy or terms of any other policy or plan applicable to your use of
the Services, or running programs, equipment, or servers from your residence that provide network content or any other
services to anyone outside of your premises.
5.2. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with the
Services, your use of the Services and this Agreement, including without limitation, any United States federal or state law
that prohibits receiving the Services or any portion of the Services without paying for them.
5.3. Responsibility of Subscriber. You are responsible for any misuse of the Services committed through your account. You
must take steps to ensure that unauthorized access to the Services via your account does not occur. You are considered the
registered recipient of the Services until you terminate this Agreement or your Services areotherwise disconnected for any
reason at any time, and you will be liable for any charges or fees incurred by the use of the Services by anyone else until
such termination, downgrade or disconnection, unless otherwise provided by applicable law. You may not assign or
transfer your Services without our written consent. If you do, we may deactivate your Services.
6. Warranties and Limitations of Liability.
6.1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT
YOUR SOLE RISK. NEITHER DELTA WIRELESS INERNET LLC NOR ANY OF DELTAWIRELESS INTERNET LLC AFFILIATES,
SUBSIDIARIES, WHOLESALERS, DEALERS, RETAILERS, DISTRIBUTORS, AGENTS, EMPLOYEES,
SUPPLIERS, LICENSORS OR THIRD PARTY CONTENT OR SERVICE PROVIDERS (THE “PARTNERS”)
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING
WITHOUT LIMITATION, IF SUCH INTERRUPTION OR ERROR ARISES IN CONNECTION WITH THE
TERMINATION OR SUSPENSION OF DELTA WIRELESS INTERNET LLC ACCESS TO ALL OR ANY PORTION OF THE
SERVICES, A CHANGE IN THE FEATURES AVAILABLE WITH THE SERVICES OR ANY RELATED
SOFTWARE OR OTHER DOWNLOADS INITIATED BY DELTA WIRELESS INTERNET LLC OR ONE OF THE PARTNERS;
NOR DOES DELTA WIRELESS INTERNET LLC OR ANY OF THE PARTNERS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION,
ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICES ARE DISTRIBUTED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS
OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE. DELTA WIRELESS INTERNET LLC HEREBY
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE ERROR
FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY DELTA WIRELESS INTERNET LLC OR ANY OF THE PARTNERS SHALL CREATE A
WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE DELTA WIRELESS INTERNET LLC PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE
ON THE INTERNET, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION
YOU OBTAIN THROUGH THE SERVICES. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING
FROM, OR FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE.
6.2. Use Restrictions. It is your responsibility to impose use restrictions on yourself, members of your family and
household, and guests, as you deem appropriate. We shall have no liability to anyone due to, or based upon, the content of
any of the Services furnished to you.
6.3. Service Interruptions. The Services may be interrupted from time to time for a variety of reasons. We are not
responsible for any interruptions of Services that occur due to acts of God (including weather), equipment or power failure,
or any other cause beyond our reasonable control.
6.4. Indemnity. You agree to indemnify, defend and hold us harmless from and against all claims, liability, damages, costs
and expenses, including without limitation reasonable attorneys fees and all costs incurred by us in enforcing this
Agreement against you, arising out of or related to any and all use of your account. This includes, without limitation,
responsibility for all consequences of your (or that of any user of your account) violation of this Agreement or placement
on or over, or retrieval from or through, the Services of any software, file, information, communication or other content.
6.5. Force Majeure. You agree that Delta Wireless Internet LLC will not be liable for any inconvenience, loss, liability
or damages either directly or indirectly caused by circumstances beyond its control, including but not
limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war,
natural causes (including – but not limited to – lightning, fire, or storm), mechanical or power failures,
or any order, law or ordinance in any way restricting the operation of the wireless service.
7.1. Applicable Law. This Agreement, including without limitation, all matters relating to its validity, construction,
performance and enforcement, and any claim, complaint or dispute arising out of or relating to this Agreement and/or the
Services, shall be governed by the laws and regulations of the State of Texas without giving effect to its conflict of law
provisions. These terms and conditions are subject to amendment, modification or termination if required by such laws or
regulations. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that
provision shall be modified to the minimum extent necessary to make such provision legal and no longer in conflict with
such law or regulation, without affecting the validity of any other provisions.
7.2. Modifications of this Agreement. No salesperson, installer, customer service representative, authorized retailer, or
other similarly situated individual is authorized to change the terms and conditions of this Agreement, including without
limitation, to provide any warranty, whether express or implied. Delta Wireless Internet LLC may, however, change the terms and
conditions of this Agreement at any time and from time to time in its sole and absolute discretion and we will notify you if
that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would
logically be expected to survive its expiration or termination shall continue thereafter until fully performed. This
Agreement is in addition to any other written agreement(s), if any, between you and Delta Wireless Internet LLC, including without
limitation any installation agreement or customer agreement(s), if any, applicable to the Services, and except as provided
to the contrary herein, all such written agreements shall remain in full force and effect. Except as expressly set forth in this
Agreement to the contrary, any and all prior Delta Wireless Internet LLC Broadband Customer Agreements are hereby replaced and
superseded in their entirety by this Agreement, and such prior Delta Wireless Internet LLC Broadband Customer Agreements shall be of
no further force or effect whatsoever. In the event of any conflict or inconsistency between the terms and conditions of this
Agreement and any customer agreement(s) applicable to the Services, the terms and conditions of such customer
agreement(s) shall be controlling.
7.3. Disclaimer and Indemnity. You acknowledge that you have been informed that Delta Wireless Internet LLC utilizes third party
contractors to install in your residence or place of business the equipment necessary for you to receive the service
provided by Delta Wireless Internet LLC. If in the event of damage to your premises caused by said third party contractor you agree
to hold Delta Wireless Internet LLC harmless from any loss or cost of any kind or character caused by said third party contractor and
seek recompense only from said third party contractor or your own insurance carrier.
8. Refund Policy.
8.1. Delta Wireless Internet LLC, Inc. will disconnect service and refund a proration of the monthly service fee if a customer
is not 100% satisfied with the services provided. Customers may cancel at any time and receive a prorated refund.
8.2. Customers may cancel an account by telephone, E-Mail or in person as long as sufficient identification is presented.
Accounts are canceled immediately and a proration of monthly service fees for the current billing cycle will be refunded.
These refunds will be issued via check from Delta Wireless Internet LLC, Inc. or, a credit will be issued to the originating
Credit / Debit Card.
8.3 Delta Wireless Internet LLC, Inc. WILL NOT issue refunds for any kind of installation fees, with no exceptions.
9. Outline of Service Fees.
9.1. Late Fee – A grace period of UP TO 7 calendar days is given from the payment due date. After this time, a late fee of
$15.00 may be applied to the account. If payment is made via online portal within 48 hours from the day of suspension, the
fee may be waved.
9.2 Suspension Fee – Delta Wireless Internet LLC automated billing system automatically places accounts into a suspension state after
the 7 day grace period detailed above (9.1). If accounts remain in suspension for more than 10 calendar days, an additional
$25.00 suspension fee may be assessed.
9.3 Reconnect Fees – Once an account has been in suspension for 30 full calendar days, the device will be reset to factory
defaults and the customer account will be closed. At such time, the customer is no longer guaranteed service with Delta Wireless Internet LLC and cannot be reinstated until ALL charges and fees have been paid in full. In addition, a reconnection fee will be
assessed in the amount of no less than $50 and no more than $100 so long as equipment has NOT been retrieved. If
equipment is retrieved by a technician, an equipment recovery fee (“Equipment Recovery”, 9.4) will be assessed.
9.4 Equipment Recovery/Loss Fee – In the event that service is cancelled, suspended, or terminated for any reason a
technician will be assigned to recover Delta Wireless Internet LLC’ equipment. Once equipment is recovered, a fee of no less than $100
will be applied, in addition to all other charges and fees in order to reinstate services. In the event that equipment is
missing, lost, damaged, or stolen before it can be retrieved, additional costs for equipment may be assessed to the
customer. If you cancel your service or if it is terminated, please return your equipment to avoid these fees.
9.5 Installation Fee – Standard installation fees of $150 are applied to all new accounts, unless otherwise approved by
management. Even if you make an arrangement with a technician, the standard $150 will be applied to the account if you
do not call in and approve the agreement with Delta Wireless Internet LLC sales & billing. Pole installations are charged at $250 for new
9.6 Move Fee – Standard & Pole installations fees are applied to service location changes, the same as if a new account
were created. Customers who have maintained an account with Delta Wireless Internet LLC – in good standing, with on time payment
for more than 12 consecutive months – may qualify for reduced move fees provided they have not moved in the 12
previous calendar months.
9.7 Returned Payment Fee – Returned checks or ACH (“Autopay”) drafts will be subject to a $25, non-negotiable charge.
This is to cover fees that are charged to Delta Wireless Internet LLC by the financial institution.
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