Internet Terms of Service

Basic Legalize for our Subscribers to review

  • Term of the Agreement

We offer our plans at the lowest rate possible to the customers in our area, so to help keep the costs low; we ask our customers to borrow our equipment for our internet packages. If any of the equipment was to be un-returned, damaged, or lost, we will bill between $50 to our plans under 50 Mbps and anything between $100 to $400 for plans above 50 Mbps.

  • Changing your Service

Depending on the plan you would consider to upgrade/downgrade to, may require us to replace your equipment with one that can handle your plan or one that is stable enough for your plan. To make the upgrade/downgrade quick enough for you, the minimum fee required will be $25, regardless of your plan. We then require you to stay with this plan for at least two months, otherwise an additional fee of $25 will be added to each consecutive change of service and the two month plan starts at the last change.

  • Payment Schedule

Once you have signed up and gotten your internet service installed, your first bill will include the installation charges and the monthly payment for the package chosen. We require our payments to be due before the 15th day of every month, otherwise your service could be disconnected and we won't be responsible for any losses for this disconnection. If you pay before three days since the disconnection, your re-connection fee will be waved. Otherwise, after three days, a fee of $15 will be applied to your next bill. If a payment is not provided within 14 days since the disconnection, we will be able to cancel your service, retrieve our equipment, and you'll be required to re-register for our service again, including the installation charges again.

  • Late Payment Fees

Based on your payment schedule, if a payment was not received after fifteen days since the 15th of the month, you'll also include a late payment of 15% of the plan. If your plan is Whole Family & Gaming ($55), you'll have an additional $8.25-$9 added to your next bill.

  • Customer Provided Equipment

We only allow our subscribers to use their equipment inside the building. We don't allow subscribers to use their equipment to connect to our wireless network to keep the stability and reliability of our internet to all of our subscribers stable and secure. You are allowed to use your own router, wireless equipment, and networking equipment inside your building. If your equipment inside the house is noticed to cause interference with our equipment, we'll notify you and assist you in properly setting up your equipment.

  • Customer Installation

The date and time to install your service will be notified to you, the subscriber, as soon as possible. We include in our Terms of Service that if your computer or equipment isn't configured properly, that we'll do our best to ensure your equipment is configured properly. This is occasionally rare, as many subscribers have equipment already properly configured and ready for us to install.

  • Service Calls

If you call/email/text about your service to DermX.me and the problem is determined to be other than the internet service provided, we'll still help provide service to resolve your initial issue, but it will add a service fee of $10 and an additional $10 per hour, helping to resolve your internet issue.

  • Service Delivery

Our equipment reports the speed capable between you, the subscriber, and DermX.me, your internet provider to always be above your internet package, to ensure that your internet will have the speed available for all your devices. If at any time the speeds drop below your internet plan, we will immediately diagnose the issue, and get your speeds back to normal.

  • Delay

Any delays based on your plan package won't be our responsibility. We try our best to arrive to you, the subscriber, right away to resolve your question.

  • Consequential Damage (damage from loss of service)

We won't be responsible for any damages resulting from the failure of our equipment, or suspension of your internet package.

  • Voice over IP and TV over IP

We do help support and ensure these services on our network will function, but we can't be responsible if the service experiences a hiccup or doesn't work.

  • Excessive Use Policy

We rarely have this issue suffice, but if you, the subscriber, is found to be using your internet plan to the full extent throughout the day or night, we will be able to throttle your internet connection to at least 5/8 of the speeds on the time of days where internet is in high demand with our other subscribers to ensure they'll still get their speeds. We will ask the subscriber monthly if this action continues if they would like to upgrade their internet package, if available.

  • Commitment of Service

We strive to help provide you with the best internet we can with your internet package you have. We help offer bandwidth, if it be dedicated or shared with our subscribers, to everyone requesting it. We just want our subscribers to understand that the purchased bandwidth and throughput of your network may vary due to the internet infrastructure and how the internet works. We will at least confirm at all times that your internet speeds, through our in-depth testing, will range between 85% and 102% of your internet package.

We hope you sign up with us! We want to help connect you to the internet, without any hidden fees behind your back!

The Legal Jargon

DermX.me Terms of Service

support@dermx.me

WIRELESS INTERNET ACCESS AGREEMENT

This online agreement is entered into by and between you the subscriber (Subscriber) and DermX.me (Provider), for the purpose of establishing the terms and conditions under which Provider will provide Wireless Internet Access Service.

SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.

TERM OF THE AGREEMENT. This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. DermX.me owns all equipment, antennas, cables, and select software and upon any termination all equipment must be returned to DermX.me. Any un-returned equipment, damaged equipment, or equipment that was lost to theft will be billed to the Subscriber in the amount between $50.00 and $400.00 for equipment fees depending on the plan speed requested.

MONTHLY CONTRACT REQUIREMENT. Subscriber will be required to stay with the Wireless Internet Access package/speed purchased for the duration required for the Wireless Internet Access package/speed. If a subscriber requests to cancel the service before this date, the remaining

CHANGES TO SERVICE. Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. A change fee may be required to implement the change. A move of service will incur a minimum fee of $25.00. Excess cabling and multiple workstation moves will incur normal hourly labor rates beyond the basic $25.00 equipment move fee. After a Wireless Internet Access package/speed has been adjusted, the subscriber will be required to stay with provided speed for at least two months. Additional changes to the service between two months will incur a fee of $25.00 and will require to begin the two month period on the last change of service. Early termination charges will not apply during the time frame in which a move of equipment occurs and service is reestablished.

PAYMENT SCHEDULE. Subscriber will be billed installation charges, as well as the appropriate rates for the Wireless Internet Access Service speed selected at the time of the first bill. Provider reserves the right to request payment for any and all equipment associated with the initial installation for wireless Internet access in advance. Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay monthly service charges by the 15th day of the month, shall give Provider the right, without liability, to temporarily disconnect Wireless Internet Access Service. The Provider is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. Restoration of service will require payment of any unpaid balance and a minimum reconnect charge of $15, if not payed before three (3) days, may be applied. If service is not reconnected within fourteen (14) calendar days, the Wireless Internet Access Service will be permanently disconnected. To restore service after a permanent disconnect, payment of the full unpaid balance, early termination charge, and pre-payment of new installation charges may apply.

Late Payment Fees – A late payment fee of 15% of the plan monthly arrangement may be added on accounts not paid within fifteen (15) days of billing.

CUSTOMER PROVIDED EQUIPMENT. Any equipment not purchased from Provider is customer provided equipment. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service. We do not allow customer's provided equipment outside of the building, only with equipment inside the building. A interference fee of $15 will be applied to the next payment period if the equipment is to be tampered with or reset without authorization.

CUSTOMER INSTALLATION. The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee. In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems without an associated fee. Provider will not perform work on any of Subscriber’s computers without an associated fee.

SERVICE CALLS. If Provider is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a service fee of $10.00 may be charged for the first hour and in hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher (up to $25.00). Travel and related charges may also apply. The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer’s warranty period Provider will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service modem will be charged to Subscriber.

SERVICE DELIVERY. Wireless Internet Access connection speed (.5 Mbps to 1000 Mbps, depending on package chosen) is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage, weather conditions, heavy snow on equipment, and power outages. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.

DELAY. Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.

CONSEQUENTIAL DAMAGES. Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.

Voice Over IP (VOIP). Provider does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.

TV Over IP (IPTV). Provider does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV Over IP Protocol.

ADDITIONAL TERMS. If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Park County, Montana shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Montana.

Excessive Use Policy

As with all internet service providers, DermX.me does have an Excessive Use Policy. The vast majority of DermX.me customers use their connection in a manner that does not infringe on other DermX.me customers. An extremely small percentage of customers use their DermX.me connection excessively, or at such extreme high volumes, that they use more than their share of the overall DermX.me connection. While this high volume use among our customers is very rare (less than 1%), DermX.me reserves the right to throttle the network speed of any offending customer down to a lower sustained rate (up to 5/8 of your internet plan). DermX.me would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. DermX.me expects that almost all its customers will remain unaffected by this as they maintain their normal Internet usage. For those who may need a sustained 24/7 connection, DermX.me does offer many adaptable solutions to fit your needs such as T1 services depending in the area where requested.

Commitment of Service

DermX.me continually strives to be the premier Wireless Internet Access Service Provider in Montana. As part of this commitment, our equipment proactively monitor performance on our network backbone to our clients to ensure DermX.me has adequate backbone bandwidth to accommodate high- speed service for our entire customer base. DermX.me offers products that range from dedicated backbone bandwidth (more expensive) to products that are shared backbone bandwidth (less expensive). You should request information through our contact department to determine which product offering best fits the needs of your business or residence.

It is important to DermX.me that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research shows that the average customer will get optimal throughput of 85% to 102% of their purchased bandwidth. This (85% to 102%) is considered the best possible throughput results and can degrade beyond that should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points). Keeping the network overhead described above in mind, an example of optimal “throughput speed”• versus “purchased bandwidth”•. Remember that other congestion factors could come in play that reduce this speed but this would be your optimal (best possible) throughput speed.

Finally, DermX.me takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that DermX.me will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.