Link Internet Service Agreement
This Internet Service Agreement Carefully Before Using Our
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.
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
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.
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.
Wireless Signals and Line of Sight Operation.
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.
Payment Obligations of a Customer.
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.
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.
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.
If paying by check, payments are due the first workday of
the month in which the charges are incurred.
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.
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.
DJK may charge for taxes and other applicable fees.
Monitoring the Service.
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
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.
Disclaimer of Warranties and Limitation of Liability.
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.
Web Site Usage.
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.
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
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
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.
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.
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
may terminate your account at any time and for any reason
by providing notice of intent to terminate to DJK by:
or certified mail, return receipt requested addressed to
DJK Link, Inc.; or
telephone calls directed to the DJK Accounts or Customer
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.
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
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.
5, 6, 7, and 11 of this Agreement shall survive termination
of this Agreement.
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.
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.
may revise, amend, or modify this Agreement, the Acceptable
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.