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Legal



TERMS OF SERVICE UPDATED November 13, 2017


The Agreement between you ("Customer"), and Delmarva WiFi, LLC, ("Delmarva"), consists of this document and the Service Order (collectively, the "Agreement"). Customer acknowledges receipt of this Agreement and the Purchase and Service Order. Collectively they describe: the high speed wireless data communications service to be provided to Customer, (the "Service"); the address or location to which Service is to be provided; the wireless access device(s) and any other Equipment that Delmarva is to provide to the Customer; any licensed software to be loaded on the Equipment supplied by Delmarva (the equipment and software collectively, the "Equipment"); the cost of the Service; and other terms and conditions of that Service. The Agreement defines Delmarva's obligations to Customer, and Customer's obligations to Delmarva. This Agreement governs the entire relationship between Delmarva and Customer.

SPECIFIC CREDIT CARD TERMS

As a convenience to the Customer, Delmarva accepts one-time and recurring credit card payments exclusively via its website. The specific terms of credit card acceptance are in this Customer Service Agreement. The Customer agrees to be bound by the entirety of the following Agreement specifically but not limited to: Cancellation, Permissions, Replacement Equipment Cost and Return and Chargebacks/Disputes. Nothing in this paragraph shall be considered an addition to the entirety of the Agreement except to bring the Customer's attention that such terms exist in the following paragraphs and to comply with Credit Card Rules. By clicking the "I Agree" check box under the Payment page on the Delmarva website, Customer agrees to be expressly bound to the following Terms and Conditions of the Agreement.

CUSTOMER SERVICE AGREEMENT

1. WARRANTY OF LEGAL COMPETENCE. Customer warrants that Customer is at least eighteen (18) years of age and legally competent to enter into this Agreement.

2. ACCEPTANCE OF TERMS OF AGREEMENT. Customer shall be considered to have accepted and be bound by this Agreement if Customer does one or more of the following:

A. Signature on Purchase Order or Service Order. Provides Delmarva with a written or electronic signature on a Purchase Order or Service Order;

B. Electronic Signature. Otherwise indicates electronically that Customer requests Service and accepts this Agreement;

C. Uses Service. Uses Internet Service through the Equipment; or

D. Pays. Pays a Delmarva invoice, or, utilizes the web portal for one-time or recurring credit card payment.

3. TERM. The term of this Agreement shall be controlled by the provisions of this Paragraph.

A. Initial Term. The initial minimum Term of this Agreement shall be as set forth on the Purchase Order or Service Order.

B. Continuing Term. In the event there is no Term set forth on the Purchase Order or Service Order, or, after expiration of any initial Term, the Term shall be month to month.

C. Commencement of Term. The Term begins upon installation of the Service.

D. Snow Birds. After an initial six (6) month period of Service, Customer may elect to go on inactive status for up to six (6) months per year at the reduced monthly charge of Fifteen ($15.00) Dollars per month, payable in advance, providing Customer's account has been in good standing for the previous six (6) months.

4. INSTALLATION. Installation of Equipment shall be subject to the following terms and conditions.

A. Permission. Customer warrants that Customer either own the premises at the location given in the Purchase Order or Service Order, or, that Customer has received written permission from the owner of the premises to make any changes to the premises needed, required, and/or necessary to install and power the Equipment and receive the Service.

B. Apartments. In the case of an apartment, Customer warrants that Customer has confirmed that placement of an access device, (including antenna, if needed), in a common area, is not in violation of any terms of Customer's lease, and/or that Customer has received permission from the building owner, or owner's agent, for installation of Delmarva's Equipment.

C. Condominiums. In the case of a condominium, Customer warrants that Customer has confirmed that placement of an access device, (including antenna, if needed), in a common area, is not in violation of any terms of the covenants or restriction of the condominium regime and/or by-laws, or that Customer has received permission from the home owners association or condominium management company for installation of Delmarva's Equipment.

D. Access. Customer hereby authorizes and grants permission to Delmarva, or its contractors, to install the Equipment necessary to receive the Service. Customer further grants permission and agrees to allow Delmarva, or its contractors, access to the premises to install, maintain, repair or repossess the Equipment.

E. Permission Irrevocable. Any permission granted Delmarva pursuant to this Agreement shall be irrevocable.

F. Custom installation. Customer agrees that any requested custom installation, including but not limited to placing cable inside interior walls, under moldings, in cabinets, under carpets, or connecting any device belonging to Customer, shall result in additional charges of Eighty-Five ($85.00) Dollars per hour, plus materials.

5. SERVICE. The quality of the Services provided by Delmarva under the terms of this Agreement shall be subject to the following terms and conditions.

A. Standard Service. Unless specifically provided to the contrary, in a Purchase Order or Service Order, Customer shall receive Standard Service, which is sufficient for usual residential use.

B. Upgraded Service. Subject to availability, which is determined by the use of the tower servicing the Customer, and for additional cost, Delmarva may offer Upgraded Service that provides faster internet speed.

C. Availability of Upgraded Service. Delmarva will make every effort to satisfy all Customer requests for Upgraded Service. However, as stated above, Upgraded Service is subject to availability and may or may not be available to the Customer.

D. Resumption of Upgraded Service After Lapse. In the event Customer shall elect to suspend Upgraded Service after it is provided, any Customer request for resumption of Upgraded Service, shall be subject to availability and may or may not be satisfied by Delmarva.

E. No Warranty of Quality or Availability of Service. Delmarva makes no warranty or representation of the quality or availability of the WiFi Service provided to the Customer pursuant to the Service.

F. Interruptions of Service. Delmarva shall not be responsible for interruption in service resulting from Equipment failures or defects; network problems or deficiencies; problems stemming from unauthorized access to the Service; acts of any government or adoption of any subsequent law or regulations; fires, rains, floods, or unusually severe weather conditions; epidemics, quarantine restrictions, hazardous environmental conditions; strikes, and freight embargoes; inability to obtain materials or services; war, and/or terrorism; alien invasion, and/or default of Delmarva's Sub-contractors.

G. Limitation on Liability for Disruption of Service. Delmarva's liability for Service disruption, regardless of cause, is limited to a credit proportional to the charge to the Customer for the period of Service disruption or other credit specified in a Purchase Order or Service Order. Such compensation aside, and to the extent permitted by applicable law, Delmarva shall not be liable for any direct, consequential, incidental, special or other indirect damages, economic loss, personal injury, or property damages sustained by Customer or any third parties as a result of any interruption of Service for any reason.

6. CANCELLATION. Cancellation of the service shall be subject to the following terms and conditions:

A. Delmarva's Right to Terminate. In addition to the bases for termination by Delmarva for cause, as set forth in Paragraph 26, upon thirty (30) days email notice, Delmarva may terminate this agreement for any reason Delmarva believes is in Delmarva's best interest, including, Delmarva's inability to honor Delmarva's obligations under this Agreement. In the event Delmarva elects to terminate this Agreement, at Delmarva's option, Service shall be terminated immediately and a prorated invoice or refund issued, or, Service shall be terminated effective on the last day of the next billing month.

B. Customer's Right to Terminate. Customer shall be permitted to terminate this Agreement upon thirty (30) day's notice to Delmarva by email or certified mail. Any termination by Customer shall become effective upon the last day of the next billing month. In the event Customer elects to terminate this Agreement within the first year of service, Customer shall be liable to Delmarva for any installation fees that were waived by Delmarva for promotional, special, or any other reason(s).

7. MONTHLY CHARGES FOR SERVICE. The monthly fee for services shall be set forth on the first Invoice and shall remain in effect for the first year of service.

A. Initial Partial Month Prorated. The charges for the first partial month of service shall be prorated from the date of activation or installation, whichever shall first occur, until and through the last day of that month.

B. Modification of Monthly Charges. After the initial term, Delmarva shall have the right to modify the monthly charges by thirty (30) days notice to the customer. At no time, and under no circumstances, shall Customer have the authority or right to modify the monthly charges by any methods or means.

8. EQUIPMENT. Customer's use and return of the Equipment shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. Ownership. Any and all Equipment supplied by Delmarva at the commencement of service, or thereafter, under this Agreement is, and shall remain, the exclusive property of Delmarva.

B. Equipment. By paying the installation charge and/or first invoice, Customer acknowledges proper, workmanlike, successful installation and initial operation of the Equipment that is described and set forth on the Purchase Order or Service Order.

C. Care of Equipment. Customer shall use all reasonable and diligent care to avoid damaging the Equipment. Customer agrees not to alter, modify, sell, license, lend, assign, encumber, relocate, move, or tamper with the Equipment.

D. Return of Equipment in Working Order. Upon the Termination or expiration of this Agreement, or the Termination or disconnection of Customer's Service by Delmarva, it is the responsibility of Customer to return all Equipment to Delmarva in good working order.

E. Removal and Return of Equipment by Customer. Customer may, at Customer's option, remove and return the Equipment to Delmarva. The Equipment must be returned to Delmarva's address as found on the most recent Customer invoice.

F. Removal Of Equipment by Delmarva: In the event of cancellation, Customer may elect to have Delmarva's contractor or technician remove the Equipment. That service is provided for a fee of One Hundred Fifty ($150.00) Dollars. That fee is due and payable prior to cancellation of service and/or removal of Delmarva's Equipment.

G. Failure to Return Equipment. If the Equipment is not returned to Delmarva within fifteen (15) days after termination or expiration of this Agreement, or, the disconnection of Customer's Delmarva service, Delmarva may, at its sole discretion, charge Customer the total replacement cost of Delmarva's Equipment, or, charge the Customer for removal of the Equipment as agreed in the previous Sub-Paragraph F.

H. Repossessing Agreement. Customer hereby consents irrevocably to Delmarva's entry upon Customer's premises for purposes of repossessing the Equipment. Customer agrees to pay charges for repossession of the Equipment as provided in this Paragraph 8 of this Agreement.

I. Authorization Of Charges. Customer does hereby authorize Delmarva to charge any amounts imposed under this Paragraph 6, to Customer's credit card or checking account (ACH). In the event Delmarva does not have Customer's credit card or checking account information on file, Customer agrees to pay Delmarva immediately for the Equipment once invoiced.

9. REPAIRS AND MAINTENANCE. All repairs and maintenance to Delmarva's Equipment shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. Delmarva-Owned Equipment. In the event Customer has a complaint requiring a site visit and/or Customer requests on-site maintenance or repair to Delmarva-owned Equipment, Delmarva, in its sole discretion, reserves the right to impose a site visit service fee to Customer in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by Delmarva on site, plus materials. Whether or not to impose a service fee shall be decided by Delmarva based on the legitimacy of the complaint, the cause of any problem, the frequency and legitimacy of prior complaints and/or requests for maintenance or repair and the length of time following the site visit prior to cancellation of service.

B. Customer-Owned Equipment. In the event any loss of service is found to be the fault of Customer, or the fault of Equipment owned or used by Customer, (including, but not limited to, wireless routers, computers, etc.), Delmarva shall have no responsibility to repair or correct Equipment not provided by Delmarva. For any service call resulting from or the fault of Customer or Customer-owned Equipment, a site visit service fee shall be charged to the Customer in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by Delmarva on site, plus materials.

C. Repair to Equipment Not Owned By Delmarva. Delmarva shall have no obligation to fix Customer-owned Equipment. In the event Delmarva agrees to repair any Customer-owned Equipment or correct any Customer-caused service outage, a service fee shall be charged to Customer, in addition to the site visit Service Fee, in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by Delmarva on site, plus materials. In the event the Customer has Delmarva fix any Customer-caused outage, there shall be no warranty as to the work performed by Delmarva.

D. Return Service Calls. Any and all return site visits shall be billed separately.

10. INTERRUPTION OF SERVICE. Extreme weather and/or other events beyond Delmarva's control may temporarily affect Customer's internet access and/or use of the Service. Delmarva does not guarantee or warrant any specific level of the Service. Customer hereby waives any remedies against Delmarva for disruption of Service unless specified on a Purchase Order or Service Order, or, expressly set forth in this Agreement. Delmarva, may at its sole discretion, give credit for or refund payment for any periods when its Service is unavailable to Customer through failure of Delmarva's network, but Delmarva shall not be required to give any credit or refund for any lapse of service beyond Delmarva's control.

11. PAYMENT. All payments by Customer shall be subject to, in accordance with, and in compliance with the following terms and conditions:

A. Payment Due in Advance. Customers shall pay in advance for the charges for installation and activation of Service, as stated on the Purchase Order or Service Order.

B. Due Date. All invoices for monthly service shall be due ten (10) days from the billing date, or, by the last day of the month, whichever is later.

C. Customer Liable for Taxes. In addition to Delmarva's charges, Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or Delmarva and directly associated with Customer's Service or Equipment owned by Delmarva.

D. Method of Payment. Payment shall be made by: check or money order; preauthorized automatic charge to a credit or debit card; or automatic bank account withdrawal. Customer shall promptly notify Delmarva of any changes to the credit or debit card or bank account used for payment.

E. Returned Check Fees. In the event of a returned check, for any reason, Customer shall be charged a returned check fee of Fifty ($50.00) Dollars.

F. Credit Card Disputes. In the event of a Credit Card Dispute and/or Chargeback, Customer shall be charged a Dispute fee of Fifty ($50.00) Dollars.

G. Late Fee. If Customer fails to pay when due, Customer shall be charged a late fee of the greater of Five ($5.00) Dollars or five (5%) percent of the amount due.

H. Suspension of Customer's Service for Non-Payment. If Customer fails to pay by the due date, then Delmarva may suspend Service without notice. To restart Service, Customer must pay all past due amounts, all current billing, and a re-activation fee of Fifteen ($15.00) Dollars. Delmarva reserves the right to require an additional security deposit up to the equivalent of two (2) months service to be paid prior to restoration of service.

I. Repossession of Equipment of Non-Payment. If Customer's account remains past due for more than thirty (30) days, Delmarva may repossess Delmarva's Equipment from Customer's premises. Customer hereby irrevocably consents to Delmarva's entry upon Customer's premises for the purpose of repossessing Delmarva's Equipment. If Delmarva is required to repossess any of Delmarva's Equipment, Customer shall be charged a repossession fee of One Hundred Fifty ($150.00) Dollars.

J. Collection and/or Attorney Fees. In the event Delmarva is required to refer Customer to collections or institute suit to collect money due from Customer, Customer agrees to pay a collection fee and/or attorney fee of twenty-five (25%) percent of the balance due.

K. Services of Process. In any small claim action instituted by Delmarva in the District Court of Maryland, Customer hereby consents to Service and Service of Process upon Customer by email.

L. Waiver of Fees. As an accommodation to Customer, Delmarva may at times waive late fees and/or other charges. Such waivers are based upon Customer's agreement to comply fully with all future terms of payment, Customer's payment history, previous service calls, length of service, and the time elapsed between the service call and cancellation of the Service. Failure to comply fully with any future terms of payment, or, cancellation of the Service within 12 months of any waived fee or charge may result in the waiver of fees or charges being fully or partially rescinded and/or revoked, and, some or all of the waived fees or charges being re-imposed.

12. VIRUS PROTECTION AND ENCRYPTION. Virus protection and encryption of the Service are Customer's responsibility.

A. Virus Protection. To prevent unauthorized persons from gaining access to Customer's information or illegally gaining access to Customer's Service, which could result in suspension or termination of Customer's account, Delmarva strongly recommends that residential and/or business Customers protect all computers and other devices connected to the Internet with firewalls and virus protection software, and, that those virus protection software and firewalls be kept up-to-date. Delmarva does not provide such service. Delmarva can recommend a third-party vendor to provide, install, and maintain such protection for Customer. In the event Customer elects to use a third party vendor recommended by Delmarva, Delmarva shall have no liability for any services or equipment provided to Customer by that third party vendor.

B. Encryption. To prevent unauthorized access to Customer's service, Delmarva also strongly recommends that in-home or in-office wireless networks be installed and configured for maximum encryption. Delmarva does not provide such service. Delmarva can recommend a third-party vendor to provide and install such encryption services. In the event Customer elects to use a third party vendor recommended by Delmarva, Delmarva shall have no liability for any services or equipment provided to Customer by that third party vendor.

C. Limitation of Liability. Whether or not Customer elects to install virus protection and/or encryption software, Delmarva shall not be liable to Customer for any virus, infections, or unauthorized access to Customer's account.

13. TERMS OF USE. Customer's use of the Equipment and the Service shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. Lawful Use. Customer shall use the Equipment and/or Service in accordance with all federal, state, and local laws, ordinances and regulations. Customer shall not use the Equipment and/or Service for any unlawful purpose.

B. Detrimental Use. Customer shall not use the Equipment or Service in any manner that could damage, disable, overburden, impair, or otherwise negatively or detrimentally effect the operation of Delmarva's Network or Service, or, the WiFi operation and use of equipment of any other third party individual or entity.

C. Unauthorized Access. Customer shall not attempt to gain unauthorized access to data, accounts, servers, systems, or networks associated with the Service or services, or to probe, scan, or test the vulnerability of a system or network associated with the service of any other third party individual or entity.

D. Interference with Service. Customer shall not interfere with the Service or services to any user, host, or network including, but not limited to, "mail-bombing," "flooding," or attempting to overload the system.

E. False Information. Customer shall not forge or falsify any TCP-IP packet header or any part of the header or address information in an e-mail or a newsgroup posting, or, otherwise conceal the sender's or the recipient's identify. F. Mass E-mailings. Customer shall not use the Service to send or transmit unsolicited mass e-mailings by, from, or through Delmarva's account or via another service.

G. Violation of the Terms of this Agreement. Customer shall not use the Service to engage in activities that violate any terms or conditions of this Agreement or the terms of use of any other network access provider or Internet service provider.

H. Improper Use. Customer shall not use the Service, or any another service, to upload, post or otherwise distribute or facilitate distribution of any text, communications, software, images, sounds, data, or any other electronically transmittable information ("Content"), that, in Delmarva's judgment;

i. Is threatening or abusive; defamatory, libelous or slanderous; indecent, obscene, or pornographic; fraudulent; or invasive of another's privacy;

ii. Victimizes, harasses, degrades, or intimidates any individual or group of individuals on the basis of: religion; gender or sexual orientation; race or ethnicity; age or disability; political views, opinions or affiliation; or any other reasons;

iii. Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or software;

iv. Damages Delmarva's network and Service, including, but not limited to, overloading servers on the network or causing portions of the network to be blocked by other network providers.

14. NO RESALE OR JOINT USE. Customer may not resell the Service, retransmit the Service, or make the Service available to anyone outside Customer's premises, house, and/or household (i.e., by WiFi or other methods of networking or giving neighbors passwords or access to Customer's Service). Unless specifically provided in Customer's Purchase or Service Order, Customer may not use the Service for any commercial or business use or to host any type of commercial or business server.

15. PROHIBITION ON UNSOLICITED BULK E-MAIL. Delmarva reserves the right, without notice to Customer, to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent by, from, or through Delmarva's Network. The transmission of unsolicited bulk e-mail may result in civil and criminal penalties against the sender.

16. LIMITATION ON USE. Delmarva establishes Customer's monthly fee based on the amount of data Customer represents Customer intends to upload and/or download each month (bandwidth). Delmarva reserves the right to limit Customer's bandwidth based on the type of Service Customer has requested and the associated price. If Delmarva concludes, in its sole discretion, that Customer is exceeding what Delmarva considers to be a reasonable use for the Service Ordered, Delmarva may in its sole discretion, at any time, including the initial term, change, suspend, or terminate Customer's service.

17. DELMARVA'S RIGHT TO LIMIT CONTENT. Delmarva reserves the right to monitor Content which is transmitted or accessed through the Service, and to remove Content, disable sites, or suspend or terminate the Service to Customer if Delmarva determines such Content or user practices are harmful, offensive, or otherwise in violation of Delmarva's policy.

18. DELMARVA RIGHT TO USE PUBLIC POSTINGS. By posting and/or submitting Content to any Delmarva website, Customer grants Delmarva the right to use, reproduce, display, adapt, modify, distribute, and have distributed the Content in any form, anywhere, and for any purpose.

19. CUSTOMER WARRANTY OF OWNERSHIP OF CONTENT. Customer also warrants and represents that Customer owns or otherwise controls all of the rights to the Content of any public posting by Customer, and, that any public posting or use of Content by Customer through the Service shall not infringe or violate the rights of any third party.

20. PROHIBITION AGAINST COPYRIGHT INFRINGEMENT. Except as expressly authorized in writing, in advance, Customer may not use the Service in any manner that would infringe, violate, dilute, misappropriate, or violate any copyrights, trademarks, service marks, patents, and other proprietary rights, that protect the Content and materials available on any Delmarva website or through the Service. Customer assumes full responsibility for use of Content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit, or otherwise disseminate any such Content over the Service without prior written consent from the Content owners or rights holders. Furthermore, Customer agrees to indemnity and hold Delmarva harmless from any liability Delmarva may incur as a result of Customer's violation of the terms of this Paragraph.

21. USE OF DELMARVA'S NAME PROHIBITED. The Delmarva name, logo, design marks, and trademarks, may not be used without the express written permission of Delmarva.

22. SALE OF GOODS. The Service Delmarva provides Customer shall for all purposes be considered, a service, and not a sale of goods.

23. WAIVER OF WARRANTIES. Customer waives any right to any warranty, express or implied, statutory, regulatory, or common law, specifically including, but not limited to, any warranty of fitness for a particular purpose.

24. LIMITED LIABILITY. Delmarva shall not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including Delmarva's contractors.

25. INDEMNITY. Customer shall indemnify, defend, and/or hold Delmarva harmless from any violation by Customer of any applicable law or regulation. Customer shall further indemnify Delmarva for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from: Any information or Content that Customer submits, posts, transmits or makes available through the Service; Customer's use of the Service or Equipment; Customer's actual or alleged violation of this Agreement; and/or Customer's actual or alleged violation of any rights of a third party.

26. SUSPENSION OR TERMINATION OF SERVICE FOR CAUSE. Delmarva may suspend, Terminate, or limit Customer's Service, at any time, without any prior notice to Customer, if:

A. Failure to Pay. Customer fails to pay any charge to Customer under the terms of this Agreement;

B. Illegal and/or Prohibited Use. If Customer uses the Service for any illegal, fraudulent, or any other use prohibited by this Agreement and/or any federal, state, county, state, or municipal law or regulation.

C. Excessive Use. Customer's use exceeds any limitation on use imposed by this Agreement or the Purchase Order or Service Order.

D. Violation of Terms of Use. Customer's violates the terms of use as set for in Paragraph 12 of the Agreement.

27. PROTECTIVE ACTION BY DELMARVA. Delmarva reserves the right to take any reasonably necessary action to protect any network or rights of Delmarva, any Customer, and/or any third party.

A. Protective Action Defined. Customer acknowledges that such protective action may include the use of methods or technologies to filter or block messages sent through the Service, or, to notify others of attacks or the potential for attacks by viruses or sources of "spam" from within Delmarva's network, and, that Delmarva specifically reserves the unilateral right to filter "spam" or prevent "hacking," viruses," or other potential harms.

B. Suspension or Termination. Delmarva may suspend or Terminate Service to any Customer, without prior notice, if, in Delmarva's sole judgment, such action is required to protect its network.

C. Customer's Waiver of Liability. Delmarva shall not be liable to Customer for exercising or failing to exercise any of Delmarva's rights under this Paragraph to limit, suspend, or terminate the Service to Customer. Customer does hereby waive any claim against Delmarva for Delmarva's reasonable actions under this Paragraph 27 of this Agreement.

28. NO WARRANTY OF CONTENT. Customer acknowledges that Delmarva offers no warranty, guarantee, or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, video or audio streaming, music, and other Content or services provided by Delmarva or third parties over Delmarva's Service. Customer also acknowledges that Delmarva is not responsible for any actions of any third parties contacted by Customer over the Service.

29. PRIVACY. Except as may be provided in this Paragraph 29 of this Agreement, Delmarva shall exercise care to preserve and maintain Customer's private information.

A. Information for Installation. .Delmarva shall take all reasonable efforts to safeguard any Customer information that it collects in the course of installation or providing service, except as to authorize officials or agencies, as required by law.

B. Warranty Against Sale or Use of Private Information. Delmarva warrants that it shall not sell Customer information. Nor shall Delmarva share Customer information with third parties, except Delmarva's contractors, and then only when required for the performance of the contractor's service.

C. Delmarva Marketing Offers. Delmarva reserves the right to offer additional services to its Customers, from time to time through marketing offers. Any Customer may elect not to receive such marketing offers, by notifying Delmarva by e-mail. In the even Customer fails to notify Delmarva that Customer does not wish to receive such offers, Customer consents to receiving such offers.

D. Subpoenas, Search Warrants, and Wiretaps. Delmarva shall honor, without any notice to Customer, any subpoena, search warrant, and/or wiretap, from any court or law enforcement agency. Customer waives and releases Delmarva from any liability for acting reasonably in response to any subpoena, search warrant, or wiretap, and/or for any failure by Delmarva to notify the Customer.

30. GENERAL DISCLAIMER. Delmarva disclaims, to the maximum extent permitted by law, all warranties, representations, or other endorsements, express or implied, without regard to the information accessed from or through the Service, the systems which provide it, and the Internet, including all warranties of merchantability or fitness for a particular use or purpose, or non-infringement of any third party rights. Delmarva does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed. In no event shall Delmarva (or any persons or entities related thereto) be liable, in any form of actions, for any special, indirect, or consequential damages associated with or arising from use of the Service in any way, or, use of any Delmarva websites associated with the Service, including any loss of use, loss of data, or loss of profits.

31. ENTIRE AGREEMENT. This Agreement and the incorporated Purchase Order and/or Service Order contain the entire Agreement of the parties. There are no other promises, conditions, or agreement between the parties, whether oral or written, except as are set forth in this Agreement.

32. SEVERABILITY. Should any provision of this Agreement be found, held, deemed, or adjudged, to be unenforceable, void or voidable, or contrary to law or public policy, under the laws of the State of Maryland, any other state of the United States, the Government of the United States, or any foreign jurisdiction, the Parties intend that the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and continue to be binding upon the Parties, and their successors and assigns.

33. AGREEMENT TO REDACTING. In the event any court shall determine that any term or terms of this Agreement are unenforceable as written, as being too broad or too onerous or otherwise, the parties agree and direct that said court shall redact, modify, review, and/or rewrite said term or terms to such extent that it or they are enforceable, but only to the least extent possible to make such term or terms enforceable.

34. MODIFICATION OF AGREEMENT. Any Modification to the terms of this Agreement shall be subject to the provisions of this Paragraph.

A. Not Modifiable by Conduct of the Parties. None of the provisions of this Agreement shall be in any way altered, changed, canceled, abrogated, or annulled by the conduct of the Parties.

B. Customer May Not Modify Agreement. Specifically, customer may not modify the terms of this Agreement by any means, and, any email or other form of Customer's intention to modify this agreement shall be null and void. Furthermore, the Parties agree that the terms of this Agreement shall not be modifiable by any court, except as is otherwise herein provided.

C. Delmarva's Right to Modify Agreement. Except as otherwise provided herein, Delmarva specifically reserves the right to modify the terms of this Agreement upon thirty (30) days' notice, by posting a revised Agreement on Delmarva's website. Customer shall have the obligation to monitor Delmarva's website for any change in the Agreement.

35. JURISDICTION FOR ENFORCEMENT OF THIS AGREEMENT. The Parties expressly agree that the jurisdiction for any Court action to enforce the terms of this Agreement, shall be the District Court of Maryland, without regard to where one or both of the Parties may reside at the time said action is commenced. Only if the amount in controversy exceeds the jurisdictional limit of the District Court may an action be filed in the Circuit Court.

36. VENUE FOR ENFORCEMENT OF THIS AGREEMENT. The Parties expressly agree that the venue for any other Court action to enforce the terms of this Agreement, shall be Kent County, Maryland, without regard to where one or both of the Parties may reside at the time said action is commenced.

37. WAIVER OF TRIAL BY JURY. The Parties mutually agree to waive their right to a trial by jury for any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of, or in any way connected with this Agreement.

38. APPLICABLE LAW FOR ENFORCEMENT OF THIS AGREEMENT. This Agreement, and all the terms hereof, shall be interpreted according to the laws of the State of Maryland, without regard to where one or both of the Parties may reside at the time of said interpretation, and, without regard to where the cause of action may be commenced and/or heard.

39. INTERPRETATION OF AGREEMENT. No provision of this Agreement shall be interpreted for or against any Party hereto by virtue of the fact that said Party, or the Party's legal representatives, drafted all or any part of this Agreement.

40. BINDING EFFECT ON SUCCESSORS AND HEIRS. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

41. CAPTIONS AND TITLES. The captions and titles contained in this Agreement are for reference purposes only and shall have no effect upon the enforceability or interpretation of the terms of the Agreement.

42. WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. Specifically, Delmarva may (re)impose any late fees or other charges Delmarva may have previously waived as an accommodation to Customer, or otherwise.

43. NOTICES. Any notice shall be made as follows:

A. Effective Notice to Customer. Any notice shall be considered effective if e-mailed, or hand delivered, or mailed first class mail to the address provided by the Customer in the Purchase Order or Service Order.

B. Effective Notice to Delmarva. Any notice to Delmarva shall be made by email, or certified mail to the address Delmarva provided above.