Digicomm Systems Terms of Service and Privacy Policy

1. Member Information.

1.1
The name, address and payment information that you provide when you join DSI, together with information regarding the manner in which you use DSI, will not be processed or disclosed by this ISP except as permitted by this Agreement.

1.2
By becoming a Member, you agree that this ISP may share with other parties both aggregate information and limited individual information gathered by this ISP in the course of your continuing individual use of DSI. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of Members as a group but does not describe or reveal the identity of any particular Member. "Individual information" is information about a Member that is presented in a form distinguishable from information relating to other Members but not in a form that personally identifies any Member or enables the recipient to communicate directly with any Member.

1.3
Locator information and individual information will be processed and stored by this ISP in the United States. You may contact this ISP to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by this ISP.

2. DSI Usage.

2.1
You may send and receive electronic mail ("Email"), engage in conferences and chats, download and upload files and otherwise use DSI Internet Access as permitted by this Agreement, DSI's policies and applicable law. Files that you upload and your activity in conferences and chats are subject to review, modification and deletion without notice by the system administrator responsible for the area where your uploading or other activity takes place (or by an individual designated by the system administrator for such purpose). DSI policies relating to online conduct, storage and deletion of Email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available online. This ISP reserves the right in its sole discretion to change DSI' policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

2.2
You are responsible for your communications via DSI Internet Access. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via DSI; (b) use DSI to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS; (h) use DSI in a manner that adversely affects the availability of its resources to other Members; (i) download a file that you know (or reasonably should know) cannot be legally distributed via DSI Internet Access (a file may have been uploaded notwithstanding such illegality); or (j) act, or fail to act, in your use of DSI, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership.

2.3
You agree to (a) maintain all equipment required for your access to and use of DSI; (b) maintain the security of your Member identification, password and other confidential information relating to your DSI account; and (c) be responsible for all charges resulting from use of your DSI account, including unauthorized use prior to your notifying this ISP of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your DSI account (including changing your password) is available.

2.4
Either you or this ISP may terminate your DSI membership at any time, with or without cause, upon notice. Account balance must be paid out for the remainder of the month if terminated by the member subsequent to the first of the month. This ISP also reserves the right to terminate or suspend your DSI membership without prior notice, but this ISP will confirm such termination or suspension by subsequent notice.

3. Operation.

3.1
This ISP reserves complete and sole discretion with respect to the operation of DSI. This ISP may, among other things: (a) monitor conferences and chats and authorize restrictions on access thereto; (b) delete Email if it has not been accessed by a Member within the time established by ISP's policies. This ISP will not review or monitor the contents of Email except as required or allowed by applicable law or legal process.

4. Member Representations.

4.1
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use DSI in accordance with this Agreement. You agree to be financially responsible for your use of DSI Internet Access (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

5. Content.

5.1
The ISP does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of DSI, other than information provided by authorized DSI spokespersons. Statements made in forums, conferences and chats reflect only the views of their authors. Advice received via DSI Internet Access should not be relied upon for important personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. DSI Independent Content Providers.

6.1
Third parties that independently provide content and offer services on DSI Internet Access are referred to herein as ICPs. Services provided by an ICP may be subject to additional charges, terms and conditions as it so determines. You agree to review any such additional charges, terms and conditions before using such services and that your use constitutes your acceptance thereof. You acknowledge that this ISP may provide billing and collection services for certain online transactions, but that this ISP is not a party to any transaction involving you and an ICP. You also agree that this ISP is not liable for any costs or damages arising out of any dispute between you and an ICP with respect to your use of its service(s) or purchase of its product(s). This Agreement is for the benefit of ICPs, as well as the ISP, and they have the right to assert and enforce its provisions directly on their own behalf.

7. Ownership.

7.1
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising DSI, and all services offered by ICPs, are wholly owned by the ISP and such ICPs, respectively. This ISP does not possess, claim ownership of or exert control over individual uploaded files or the intellectual property contained therein. By uploading a file to a directory, you grant a system administrator the right to reproduce and distribute all information, software and other materials in the file. The system administrator may check uploaded files for viruses and may remove an uploaded file (in his or her sole discretion) upon determining that the file is inappropriate. The system administrator will notify you if a file that you have uploaded is removed. As between this ISP, ICPs and you, you retain at all times full legal responsibility for software and other material contained in files which you upload to a directory.

8. No Warranties and Limitation of Liability.

8.1
DSI and all its software and services are provided "as is," and the ISP makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. The ISP makes no representations or warranties regarding goods or services provided by ICPs. The ISP does not warrant that access to or use of DSI will be uninterrupted or error-free. The ISP expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

8.2
Your use of DSI and all of its software and services is at your own risk and is provided on an "as is" basis. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including DSI software) obtained through DSI. You agree that this ISP, and providers of telecommunications and network services for DSI internet access will not be liable for damages (including consequential or special damages) arising out of your use of or inability to use DSI Internet Access or any of its software or services, or the actions or inactions of ICPs or the goods or services they provide, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if this ISP has been advised of the possibility of damages. The ISP's liability to you for breach of this agreement is limited to the amount actually paid by you for access to and use of DSI, exclusive of payments relating to goods and services purchased from ICPs. You hereby release the ISP from any and all obligations, liabilities and claims in excess of this limitation. some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitation. No advice or information given by this ISP, its contractors, or their respective employees shall create a warranty. This ISP, its contractors, or employees make no warranty that the service is free of viruses, worms, trojan horses or other harmful components.

9. Charges

9.1
You agree to pay all charges for your use of DSI at the prices then in effect for your residence. This ISP reserves the right to change prices or institute new charges for access to or use of DSI at any time upon not less than thirty (30) days' notice to Members. All changes will be posted online, and you are responsible for reviewing pricing information posted on DSI regularly to obtain timely notice of such changes. Continued use of DSI Internet Access or non-termination of your membership after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Your DSI account balance may include charges incurred for your purchase of goods and services offered by ICPs. The payment terms applicable to such charges are as stated herein unless you are otherwise notified by this ISP or the ICP from which you purchased such goods or services.

9.2
Payment of your DSI account balance is due monthly and, unless you have prearranged to pay by check for all monthly member fees, must be made by the credit or debit card designated by you for DSI use and transactions.

9.3
Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your DSI account is by credit or debit card and payment is not received by this ISP from the card issuer or its agents, you agree to pay all amounts due upon demand by this ISP. Each time you use DSI, you agree and reaffirm that this ISP is authorized to charge your designated card or account. You agree that this ISP may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that this ISP may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

9.4
Your DSI membership fee is payable in advance and is non-refundable after the first of the billed month. You agree that this ISP may submit charges for your membership fee each month without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before this ISP reasonably could act on your notice.

9.5
You must promptly notify this ISP of changes to: (a) the account number or expiration date of your designated card; (b) your billing address. You must also promptly notify this ISP if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password.

9.6
If you are using DSI from certain locations outside of your dialing area, you may incur charges levied by your long distance carrier to access DSI.

10. Statements and Payment.

10.1
This ISP can provide you with a statement of charges on your DSI account when such charges are incurred and/or paid. Unless you notify this ISP of any discrepancies or irregularities within thirty (30) days after they first appear on your account, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE THIS ISP AND ALL ICPS FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO THIS ISP WITHIN THIRTY (30) DAYS OF ITS PUBLICATION DATE.

10.2
This ISP reserves the right to suspend or terminate your DSI Internet Access membership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to this ISP when this ISP believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to this ISP. For customers paying by check, this ISP reserves the right to suspend your DSI membership without notice upon non-payment of your account within the established grace period. All checks returned for non-sufficient funds will be charged a $15.00 return check fee for each occurrence. You agree to pay all amounts due within five days after the due date. Failure to do so will, at this ISP's discretion, result in a late charge on all amounts due or termination of service. This ISP reserves the right to refer your DSI account to a third party for collection in the event of ongoing default.

11. Assignment; Household Use; Minors.

11.1
Your DSI membership is personal. Subject only to this Section 11, you agree not to assign, transfer or sub license your rights as a Member. You may allow other members of your household to use your DSI account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You acknowledge that you are aware that some areas of DSI and the Internet itself contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your DSI account.

12. Indemnification.

12.1
You agree to indemnify the ISP from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your DSI account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and infringement of intellectual property or other rights.

13. Notices; Consent.

13.1
Notices given by this ISP to you will be given by Email via DSI, by a general posting on DSI Internet Access http://www.webdsi.net, or by conventional mail. In any matter requiring this ISP's prior consent, such consent will be considered given only if made by in the foregoing manner by an authorized representative of this ISP. Notices given by you to this ISP must be given by Email via DSI, by phone, or by conventional mail. Notices to DSI by conventional mail must be sent to:

14. Effective Date; Changes to Terms.

14.1
This Agreement takes effect on the date on which you first use DSI and continues until your DSI membership is terminated either by you or by this ISP. THIS ISP RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF DSI AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

15. General.

15.1
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ISP, as a result of your use of DSI or your membership. You agree not to hold yourself out as a representative, agent or employee of ISP, and that the ISP will not be liable by reason of any representation, act or omission to act by you.

15.2
This ISP's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of this ISP's right to comply with law enforcement requests or requirements relating to a Member's use of DSI or information provided to or gathered by this ISP with respect to such use.

15.3
This Agreement constitutes the entire agreement between the ISP and you with respect to your use of DSI and your membership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the ISP and you with respect thereto.