Residential Services – General Disclosures

• All services are month-to-month and are subject to all Residential Terms & Conditions, listed below.
• Taxes, fees, and surcharges may apply.
• All rates are subject to change and discontinuation.
• Major credit card, debit card, or ACH monthly payments are required.

Internet:

• Service is up to 1 Gbps upload and download.
• There are no data caps or capacity allowances.
• All internet services are governed by Digital West’s Acceptable Use Policy.
• Wi-Fi, Phone service, and TV are available options with additional charges.

Phone Service:

• Customers are not required to subscribe to Phone service.
• E-911
• The phone service is provided using electronics, so in the event of a power outage, Customers should use their cell phones to make all calls and to dial 911.
• In some locations, E-911 service may not yet be available. In such cases, regular 911 service will be available, and Customer will need to convey the location information to the emergency operator.
• DWNI’s phone service does not have its own power supply. If there is a power outage, or if there is a disruption to the network or facilities, phone service may not be available. Customer expressly acknowledges that in such cases it will not be possible to place or receive calls, including calls to access emergency 911 services. If customer chooses, customer may separately purchase a battery backup for use with the DWNI equipment.
• All phone service is subject to all Residential Phone Terms & Conditions, listed below.

 

Residential Terms & Conditions

• Installation, Acceptance, and Access. DWNI will attempt to provide Service by any requested installation date, but will not be liable for any delays in Service delivery. The Service is delivered on the date the Service becomes operational (“Service Commencement date”). Unless Customer notifies DWNI in writing within 3 business days of the Service Commencement Date that Service is not operational, then the Service will be deemed accepted by Customer, and Customer will begin paying for the Service as of the Service Commencement Date. If access to non-DWNI facilities (including inside wiring) is required for delivery of Service or the installation, maintenance or removal of DWNI equipment used to deliver Service, Customer will, at its expense, secure rights for DWNI to access and the use or such facilities, power and HVAC as needed for Service delivery. Title to equipment (including software) provided by DWNI will remain with DWNI. Customer will not access or attempt maintenance on DWNI equipment and will pay for any equipment damage caused by customer.
• Invoices and Disputes. Invoices are sent via email and credit card, debit card, or ACH will be charged monthly. Fixed charges are billed in advance and usage-based charges (for calls to AK, HI, and international numbers) are billed in arrears. Billing for partial months is prorated. Past due amounts bear interest at 1.5% per month or the highest rate allowed by law, whichever is less. Customer is responsible for all Service charges, even if incurred as the result of unauthorized use. If Customer reasonably disputes an invoice, Customer must pay the undisputed amount by the Due Date and submit written notice of the disputed amount (detailing the nature of the dispute, the Services and invoice(s) disputed). Disputes must be submitted in writing within 90 days of the date of the invoice or the right to dispute is waived. If a dispute is resolved against Customer, Customer will pay the disputed amounts plus interest from the initial Due Date. Customer will be liable to DWNI for all costs and expenses incurred in collecting amounts due to DWNI, including legal fees. DWNI may implement electronic systems for invoice delivery, submission and resolutions of disputes and/or requiring electronic invoice payment; Customer will use such systems (and other similar electronic systems) if implemented by DWNI.
• Responsibilities. DWNI will own and maintain the telecommunications equipment, access wiring and facilities installed and operated by DWNI for provision of the Services to Customer (“DWNI Network’). The DWNI Network will remain DWNI’s property regardless of where located or attached. DWNI has the right to upgrade, replace or remove the DWNI Network in whole or in part, regardless of where located, so long as the Services continue to perform. DWNI has the right to limit the manner in which any portion of the DWNI Network is used to protect the technical integrity of the Network. Customer may not alter, move or disconnect any parts of the DWNI Network and is responsible for any damage to, or loss of, the DWNI Network caused by Customer’s (or its end users’) breach of this provision, negligence or willful misconduct. DWNI has no obligation to install, maintain or repair any equipment owned or provided by Customer, unless otherwise agreed to in a writing executed by the Parties. If Customer’s equipment is incompatible with the Service, Customer is responsible for any special interface equipment or facilities necessary to achieve compatibility. (a) Access. DWNI may require access to Customer’s premises to install and maintain the Services and the DWNI Network. Customer must provide DWNI with a contact that can be reached 24 hours per day/7 days per week. Customer also must provide reasonable access rights and/or rights of way from third parties, space, power and environmental conditioning as may be required for the installation and maintenance of the DWNI Network at Customer’s premises.
• Disclaimer of Third-Party Actions and Control. DWNI does not and cannot control the flow of data to or from the Network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inaction caused by these third parties can produce situations in which Service connection(s) to the Internet (or portions thereof) may be impaired or disrupted. DWNI cannot guarantee, and specifically does not hereby guarantee that such situations will not occur, and accordingly DWNI disclaims, and Customer acknowledges and agrees, that DWNI is not responsible for any and all liability, costs, or expenses resulting from or related to such events. In the event that Customer’s use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Network or its operations, DWNI shall have the right to suspend the Service (an “Internet Threat Suspension”). DWNI shall restore Service at such time as it reasonably deems that there is no further harm or threat of harm to the Network or its operations. No Internet Threat Suspension shall be deemed to abate, suspend or otherwise relieve Customer from the payment of any charges due for Services hereunder.
• Maintenance and Network Modifications. Maintenance by DWNI (which may be Service impacting) is included in the fees for Service, unless such maintenance is necessitated by acts or omissions attributable to Customer, for which maintenance Customer will pay DWNI. In addition to Service maintenance, DWNI may make certain network modifications and thus changes to the Customer’s Service which changes do not materially and adversely affect Service performance. (a)Scheduled Maintenance. DWNI will monitor DWNI’s Network 24 hours per day, 7-days per week. Scheduled Maintenance will be performed between the hours of midnight and 4:00 a.m. (local time where the maintenance is being performed) and notice will be given 7-days in advance. (b)Emergency Maintenance. If DWNI has to perform maintenance outside of the Scheduled Maintenance window set forth in Section (a) above, then DWNI will provide as much prior notice to Customer as is practicable under the circumstances.
• Indemnification and Limitations of Liability. Customer will indemnify, defend and hold DWNI, and its affiliates and each of its respective owners, directors, officers, employees and agents, harmless from and against any and all claims, suits, expenses, losses, demands, actions, causes of action, judgments, fees and costs, of any kind or nature whatsoever (Claims), arising from or related to any use, attempt to use or resale of Service or otherwise arising in connection with any Service or this Agreement. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR ANY QUOTE. DWNI WILL HAVE NO LIABILITY FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY IN CONNECTION WITH OR FOR RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY REFERRAL CALLS.
• Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED BY DWNI ON AN “AS-IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES ARE AT CUSTOMER’S OWN RISK. DWNI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DWNI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. DWNI WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ALL SERVICES AND SERVICE LEVELS. DWNI WILL REPAIR AND REMEDY ANY LISTED OUTAGES IN A TIMELY MANNER.
• DWNI is not responsible for termination charges from other carriers. In selecting DWNI’s Service, Customer understands its need to cancel any services currently provided by an existing service provider(s) and that the DWNI Service may differ from the services currently provided. Customer acknowledges that the existing service provider may assess termination or other charges based upon the terms and conditions that apply to such service. Payment of such termination or other charges shall be Customer’s sole responsibility.

 

Residential Phone Terms & Conditions

• Tariffs: The services ordered hereunder (“Service”), in whole or in part, are subject to federal and state tariffs and/or standard published rates, terms and conditions, which are incorporated herein by reference (the “Terms”) and DWNI may amend the Terms from time to time without prior notice. Customer’s use of our Services constitutes acceptance of the Terms.
• Demarcation Point: Digital West shall determine the demarcation point for the provision of Services between the wiring that comes into the building from DWNI and the wiring Customer installs to hook up your phone. Customer is responsible for inside wire, including any and all costs associated therewith, from the demarcation point to Customer equipment.
• Telephone Numbers: DWNI does not guarantee the availability of any requested telephone number. Customer has no proprietary interest in any telephone number but does have a qualified control interest in your active telephone numbers. If, upon cancellation of DWNI’s telephone service, you do not submit a written request for the appointment of a new service provider for your telephone numbers within 20 days after such cancellation, you release all rights to use or control such telephone numbers.
• E-911: Enhanced 911 (“E-911”) is a feature of Digital West’s phone service that allows emergency operators to automatically receive the telephone number and address of the dialing party. This E-911 feature has certain requirements in order to operate, as well as certain limitations:
  • IMPORTANT: The emergency service provider handling the E-911 call, and the address the emergency service provider will see, are linked to the service address DWNI has on file when Customer originally signed up for service. If Customer does not correctly identify where Customer’s voice electronics are located, or if the DWNI gear is moved away from the original service address, Customer’s E-911 calls may be misdirected to the wrong location(s) or to the wrong emergency service provider(s). Therefore, in order to have E-911 calls routed correctly, Customer agrees not to move the DWNI electronics from the service address at which it was installed by DWNI and acknowledges responsibility to promptly notify DWNI of any change in service address.
  • IMPORTANT: Keeping Your Phone Number: Please be aware that during the first 72 hours of arriving at Customer’s new service address, if Customer dials 911 from their DWNI phone line, Customer must relay to the emergency service operator the new (current) service address. This is necessary to ensure emergency services are dispatched to Customer’s new address in the event the emergency services operator may not have the new location in their records.
  • In some locations, E-911 service may not yet be available. In such cases, regular 911 service will be available, and Customer will need to convey the location information to the emergency operator.
  • DWNI’s phone service does not have its own power supply. If there is a power outage, or if there is a disruption to the network or facilities, the phone will not work. Customer expressly acknowledges that in such cases it will not be possible to place or receive calls including calls to access emergency 911 services. If customer chooses, customer may separately purchase a battery backup for use with the DWNI equipment.