DJK Link Internet Service Agreement

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. Introduction.

DJK Link, Inc. ("DJK") provides its Internet Services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Customers"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and you must terminate your use of the Services under Section 10.

2. Subscription Requirements.

Customers must be at least 18 years old. Current prices for DJK’s Services are posted throughout our website at http://www.DJKLink.net. DJK reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

3. Wireless Equipment.

All Wireless Equipment Installed by DJK to provide the Services remains the property of DJK. The Customer is responsible for this Equipment and must return the Equipment upon Termination of this Agreement. See Section 10.

4. Wireless Signals and Line of Sight Operation.

The Services are provided by a Wireless Radio Connection. This Radio Connection requires a clear "path" or "line of sight" to operate properly. Trees, buildings and other obstructions may block this path and thus the Wireless Connection. DJK will use its best efforts to ensure that your location can receive the Services. Not all locations are suitable for our Services. Some will not have a clear line of sight and some may lose line of sight during the spring and summer due to foliage (leaves on trees, etc). If your installation is done during the fall or winter and then fails in the spring or summer then your location may not be suitable for the DJK Services.

5. Payment Obligations of a Customer.

(a) Customers must (i) provide DJK with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to DJK all changes to this information within thirty (30) days of the change. Customers are responsible for any charges to their account.

(b) Customers having questions regarding charges to an account should contact DJK. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

(c) Charges are billed to Customers’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. DJK is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by DJK.

(d) If paying by check, payments are due the first workday of the month in which the charges are incurred.

(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(f) Delinquent accounts may be suspended or canceled at DJK’s sole discretion; however, charges will continue to accrue until the account is terminated. DJK may bill an additional charge to reinstate a suspended account.

(g) DJK may charge for taxes and other applicable fees.

6. Monitoring the Service.

As an Internet Service Provider (an "ISP"), DJK is a "mere conduit" to provide access to the Internet. DJK has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if DJK, in its sole discretion, believes that it is reasonable to do so, including, but not limited to: satisfy laws, regulations, or governmental or legal requests; request of Law Enforcement; operate the Services properly; or protect itself and its Customers. Please see our Privacy Policy. DJK may immediately remove your material or information from DJK’s servers, in whole or in part, which DJK, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy. Each Customer should have and use a Firewall. The Customer is responsible for its use of the Internet.

7. Disclaimer of Warranties and Limitation of Liability.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY DJK, DJK 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. DJK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE 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.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DJK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DJK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH DJK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY DJK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. DJK 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, DJK’S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

8. Web Site Usage.

Our site on the World Wide Web with its home pages in the domain "DJKLink.com", "DJKLink.net", "DJKLink.org" or any other site operated by DJK (the "Web site") is a complimentary information service offered by DJK at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "DJKLink.com", "DJKLink.net", or "DJKLink.org" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by DJK of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "DJK Link, Inc.", (b) the link must "point" to the URL " http://www.DJKLink.com", "http://www.DJKLink.net" or "http://www.DJKLink.org" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by DJK, and (e) DJK may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by DJK.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by DJK. DJK assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold DJK harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify DJK from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. DJK will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to DJK to use on the Web site will be deemed to be a grant by you to DJK of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

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 to terminate your account.

10. Termination.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to DJK by:

registered or certified mail, return receipt requested addressed to DJK Link, Inc.; or

telephone calls directed to the DJK Accounts or Customer Service departments.

Email termination of your Internet access account will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from DJK. Charges to your account will stop accruing the day DJK provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on DJK’s servers, anything stored on this space will be deleted upon termination.

Without prior notice, DJK may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if DJK, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, our Privacy Policy, or any of the applicable user policies, or if you fail to pay any charges when due. DJK may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 5, 6, 7, and 11 of this Agreement shall survive termination of this Agreement.

11. Jurisdiction.

This Agreement is governed by Illinois law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Illinois law and will be held in Metropolis, Illinois. The arbitrator will be an expert in the field of Internet services. The arbitrators award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.

12. Miscellaneous.

This Agreement, the Acceptable Use Policy, the Privacy Policy, and DJK’s other user policies posted on DJK’s Web site constitute the entire agreement between you and DJK with respect to your use of the Services.

DJK may revise, amend, or modify this Agreement, the Acceptable Use Policy, the Privacy Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on DJK's Web site ( http://www.DJKLink.net) and/or by email and/or in our various publications and mailings to Customers.