Widomaker ADSL Addendum (Terms and Conditions)

Service Description: DSL Service provides you with dedicated access to the Internet. Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local service provider's central office, internet congestion, upload and download speed of your destination server. DSL service is provided in conjunction with a circuit provider, which may be your local phone company. The circuit provider retains the right to cancel the service before or after installation at their sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for a few weeks before assuming that service will be available and of good quality.

DSL Modem: End user agrees to pay $99.00 plus sales tax to purchase the modem if customer cancels service, or return of the modem to our office in good working condition.

Price: Pricing schedules unless otherwise stated, are on a month-to-month contract, and will automatically renew as a month-to-month contract at the then-current price until terminated or modified in writing by either party.  In addition, you are responsible for applicable taxes, telecommunication surcharges or other governmental charges due on the Services.  The current FUSF (Federal Universal Service Fund) is $2.71 and is subject to change. You may change your plan speed at any time. Promotional packages are only available to first time Widomaker DSL users. 

Service Term: No annual contract required. Month-to-Month subscriptions require a non-refundable $60 setup fee and purchase of a $99 ADSL modem. Unless choosing a month-to-month agreement, monthly recurring charges are based on ordering one DSL line for a minimum of one-year use at the specific address for which services were ordered. Upon termination of the service term, the service agreement will automatically convert to a month-to-month agreement unless terminated in writing by either party.

Speed of Service: Speed rate depends upon plan and user's line capabilities (loop length, line condition, gauge of copper wire and Phone Company provisioning). The maximum speed for ADSL is stated under optimal conditions and may vary significantly. Minimum speeds (if any) are subject to a 20% overhead: IE 768k stated speed = 768k times 80% throughput = 614k actual speed. Actual speeds that fit the 80% throughput criteria are considered acceptable.

Installation: Unless otherwise requested by the end-user, the first available installation date will be provided. Payment for your initial month's service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date in order for your setup instructions and IP information to be released to you. If your payment is not received by your turn-on date, you will be responsible for the service fees even though you’re IP and setup information has not been provided to you. A DSL end-user’s computer must be equipped with an Ethernet Network Interface (NIC) card for proper DSL operation. We do not include a PCI NIC card as part of the modem package.

Self-Installation: Self-installation allows the end-user to install their DSL equipment. This option provides service to the NID (Network Interface Device) of your phone service. Your NID is normally located outside your building.  Inside wiring and inside wiring repair is not included with this option. Although not normally required, the circuit provider can repair your inside wiring at additional cost.

Professional-Install: Customers may request a Professional Installation for a one-time $99 fee. The Professional Installation includes setup of your DSL modem and Network Card if needed.

User Supplied Modem: User assumes risk of service compatibility when supplying own modem. Incompatible modem or other customer equipment shall not relieve end-user from service and cancellation fees accrued while troubleshooting defective or incompatible equipment.

Dial-Up Service: DSL service from Widomaker does include dial-up access. Dial-up service is for unlimited access to the Internet.

Dialup Access Numbers: Widomaker Communication Services, Inc. will not be responsible for any phone charges incurred while dialing our service. Please check with your local phone company to make sure the number you use is a local, toll-free call from your area. Simply call the operator and ask whether the number is a local call or a toll call.

Customer Premise Equipment: The PPPoE connection will allow one computer to use your DSL connection. The static IP accounts include a DSL bridge which can be used ahead of one computer or router provided by you. Widomaker does not provide support for router(s) supplied by the end user unless special arrangements have been made with Widomaker. All packages include basic instructions and support.

Technical Support: It is the end user’s responsibility to initiate and be available for technical support during hours of operation. Widomaker Communication Services, Inc will not be held responsible for outages that it is not notified about by the end user or circumstances where the end user is not available to help troubleshoot the connection or computer setup. On-site technical support is not included; however phone company technicians may be dispatched with a customer approval to troubleshoot the circuit.  The end user is responsible for all charges involved with dispatching a technician to troubleshoot their line.  Charges are $60.00 per visit or truck roll which includes a 1/2 of work and $35.00 each additional 1/2 hour.  Charges are subject to change with no prior notice.  

Service Cancellation: You may cancel the DSL Service at any time by providing 30 days prior written notice. If you cancel during a contracted Service Agreement period, you agree to pay all DSL Service fees accrued as of the cancellation date and early cancellation fees in the amount of $150.00. Your account is not monitored for activity, and absence of activity or cancellation of your telephone number will never constitute a termination request. You may submit a cancellation request utilizing any of the following methods:

1. via email at accounting@widomaker.com
2. by fax at (757)221-8070
3. via mail: 
   Widomaker Communication Services, Inc.
   1781 Jamestown Road, Suite 180
   Williamsburg, VA 23185
    

Please include your DSL phone number, main username, date you wish the service to be cancelled and the reason for canceling. Please keep in mind that your DSL service is not canceled until Widomaker Communication Services, Inc. provides a cancellation order number. The cancellation order number will be provided via email or fax. You are responsible for all incurred charges until the issuance of this cancellation number: Unless otherwise stated in the schedule, we will invoice you monthly. You agree to pay within 20 days from receipt of the invoice. For overdue invoices, your service may be suspended until payment is received. Customers will be responsible for paying monthly subscription fees while services are suspended due to non-payment. There will be a $25 Service charge on all returned checks, disputed credit cards, and credit card chargeback’s. Past due accounts will accrue a charge of $1.5% or $1.00 per month, whichever is greater.

Maintaining Current Telephone Service: DSL service shares the end user's current telephone line and service. It will be the end user's sole responsibility to maintain the phone line and number of original installation in continuous working order with the local phone company in order to receive DSL services. Disconnected telephone service, or moving out of the service area does not relieve end-user of monthly service fees, contractual obligations and early termination fees.

Our Responsibility: We are responsible for providing DSL Services by qualified personnel in a professional manner. We are not responsible for outages and installation or other delays caused by Widomaker Communication Services, Inc or any of the phone companies, circuit providers, or their affiliates. DSL carries a zero quality of service guarantee. If your particular application critically requires Internet service, we strongly recommend obtaining a backup connection with different technology to enhance reliability (i.e. 56K modem). We reserve the right to make reasonable changes to this agreement without notice. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING THE WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE.

IP Addresses: One computer device per IP address. Upon expiration, cancellation or termination of the Agreement or applicable Schedule, you shall relinquish any IP addresses or address blocks assigned to you by us Widomaker Communication Services, Inc. may choose to assign you a new IP address at anytime.

Acceptable Use: You agree to use the DSL Service in accordance with our user agreement published on our website at http://www.Widomaker.com. We reserve the right to make reasonable changes to our user agreement without notice.

Widomaker Communication Services, Inc. reserves the right to block any port without prior notice to protect the network and the end users from potential virus or SPAM attacks spreading over a certain port.

CHOICE OF LAW: You and Widomaker Communication Services, Inc. agree that the law of the State of Virginia, U.S.A. will apply to all matters relating to this Agreement and to Widomaker Communication Services, Inc. In addition, you and Widomaker Communication Services, Inc. agree and consent that the courts of Williamsburg, Virginia, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. User agrees to defend, indemnify and hold harmless Widomaker Communication Services, Inc., its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to member's use of Widomaker service. User has no property rights in the e-mail and web page addresses supplied by Widomaker Communication Services, Inc., and understands that this agreement is assignable by Widomaker Communication Services, Inc. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with Widomaker Communication Services, Inc.