Last Updated: April 10th, 2023.
General Terms & Conditions
This General Terms and Conditions Agreement (“Agreement”) outlines the terms under which Digital Aid LLC (“Digital Aid”, “we”, “us”, “company”, or “our”) provides telecommunications services to its customers (“Customer”, “you”, or “your”). By subscribing to and using our services, you acknowledge and agree to abide by the terms set forth in this Agreement, which are designed to ensure the provision of high-quality services and the protection of your rights as a customer.
The following provisions are incorporated into the contracts or agreements between Digital Aid LLC (Company) and customers (or You), and together with such contracts or agreements, form the basis of our relationship:
1.0.0 Affordable Connectivity Program (“ACP”)
1.1.0 ACP Program Overview and Structure
The ACP is a government benefit program operated by the Federal Communications Commission (FCC) that provides discounts on monthly broadband Internet access service and certain connected devices. The ACP provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands) and up to $100 on certain connected devices (with a required co-pay of between $10 and $50). The ACP monthly service and device discounts cannot be transferred to another household or individual. An eligible household is limited to one monthly service discount and a single, one-time device discount. ACP benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time. ACP services and devices are subject to consumer eligibility, provider participation, product availability, and approval by the FCC/Universal Service Administrative Company (USAC). The ACP was launched on December 31, 2021, and replaces the Emergency Broadband Benefit (EBB) program.
1.2.0 Consent for Personal Information Collection, Use, and Sharing
By subscribing to Company’s ACP supported services (“Services”), you authorize Company and its contracted partners to collect, use, share, and retain your personal information, including, but not limited to, information required for the purpose of establishing eligibility for and enrolling in the ACP, for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP service and device benefits. Personal information includes, but is not limited to, full name, full residential address, date of birth, social security number, telephone number, eligibility criteria, and status, the date on which the ACP service discount was initiated and terminated, ACP connected device distribution date/type/make and model/status, usage status, and other compliance requirements, the amount of support being sought for the service and/or device, and information necessary to establish identity and verifiable address. This includes sharing the information with USAC to ensure proper administration of the ACP service and/or connected device benefits. Failure to provide consent will result in your being denied the ACP service and/or the connected device benefits.
1.3.0 Information Sharing with Authorities for ACP Eligibility
You agree that any state, local, Tribal government, school, or school district may share information about your receipt of benefits that would establish eligibility for the ACP and that such information will be used only to determine ACP eligibility.
In addition, you acknowledge that when applying for ACP benefits, your application will be submitted to the National Lifeline Accountability Database (NLAD) for enrollment completion. During the application process, your name, address, date of birth, and social security number will be submitted to the National Verifier and NLAD. Throughout the application process, an assessment will be conducted to ascertain whether you are currently receiving ACP benefits from a different provider.
1.4.0 Contact and Information Methods for ACP Offers and Services
The company and its contracted partners may contact you to validate your eligibility for or desire to participate in Company’s ACP offers and other products and services via email, telephone, or text messaging. Text messaging and data rates may apply. Consent for such calls and texts is optional and can be revoked at any time.
1.5.0 Eligibility
To be eligible for enrollment in the ACP, an individual applying for ACP service (“Applicant”) must satisfy the specified eligibility criteria and have a service address situated within an area where Digital Aid is authorized to provide ACP service as an approved Broadband Service Provider.
A household is eligible to receive an ACP discount if a member of the household meets one of the criteria established in the FCC’s Eligibility Requirements.
1.6.0 ACP Program and Funding Availability
The availability of the ACP benefit is contingent upon funding provided by the FCC. In the event that the FCC announces the exhaustion of funds, Digital Aid will endeavor to give you a 30-day notice before discontinuing the ACP supported service. Such notice(s) is subject to FCC acting and policy disclosure(s) at that time. Upon the conclusion of the ACP, customers may opt to subscribe to one of our available service plans at the applicable undiscounted rate, plus any relevant fees and taxes. Digital Aid shall not enroll customers in any automatic payment program without their explicit consent, and participation in such a program requires the customer to have a valid debit or credit card on file.
2.0.0 Account Activity Requirement
To continue receiving your ACP service with Digital Aid, you must use data, send or receive a text message (if your device is capable and supported by a recommended free texting application), purchase minutes, or respond to direct contact from Digital Aid at least once during any 30-day period. Digital Aid will endeavor to assist in the installation or recommendation of free texting applications to help maintain usage requirements and prevent service discontinuation due to non-use.
3.0.0 Service Limitations
In addition to other limitations and conditions set forth in this Agreement, the following service and support limitations apply:
3.1.0 Exclusion of Hardware, Software, and Service Costs
Cost of hardware (excluding any Equipment provided by Company), software, and associated services are outside the scope of this agreement.
3.2.0 Limited Application Software Support
Application software support is deferred by default to the respective manufacturers’ products. Digital Aid does not currently provide support for any specific products. However, at its sole discretion, Digital Aid may volunteer to extend support to selected application software at a later time as deemed appropriate by the company.
3.3.0 Remote Updates and Changes to Equipment
Company may occasionally remotely update or modify the software, applications, or programming on the Equipment to address security, safety, or other issues that impact the company or underlying networks or the Equipment. These updates are intended to enhance your experience and maintain the safety and security of the system. While we strive to prevent any negative impact, please be aware that updates might modify the Equipment and could affect stored data or device settings. Digital Aid is not responsible for lost data or functionality. During a software update, whether initiated by us or you, the Equipment may be temporarily unavailable for use until the update is completed.
3.4.0 Upgrades Outside Agreement Scope
Except as otherwise stated, all service, software, and hardware upgrades are outside the scope of this agreement and will require a mutual written agreement, which can be executed via email or text communication between the parties involved.
3.5.0 Manufacturer Warranties Exclusion
By entering into this agreement, you consent to allowing Digital Aid to test your device at our sole judgment/discretion, which may involve activating the device or otherwise ensuring its proper functioning and compatibility with our services and wireless network.
3.5.2 Manufacturer Warranties
Manufacturer warranties for services, software, and hardware, excluding the services provided by Digital Aid, are outside the scope of this agreement. Since Digital Aid is not the manufacturer of any devices related to our services, we cannot be held accountable for any defects, actions, or oversights on the part of the manufacturer. Your device is solely covered by any warranties provided by the manufacturer or retailer.
3.6.0 Data Restoration and Loss Responsibility
Restoration of lost data caused by systems/hardware failure is outside the scope of this agreement, unless otherwise stated herein. Company bears no responsibility for data loss resulting from ordinary or emergency maintenance of its services, software, or hardware.
4.0.0 Acceptable Use of Service
4.1.0 Personal Use and Restrictions
You agree that you are purchasing the products and services for personal use only. You understand that you are barred and shall not resell, transfer or make any changes to the products or services without advance written permission of the Company.
4.2.0 Responsibility for Users and Compliance
You acknowledge that this Agreement is accepted on behalf of all persons who use the Equipment and/or Service(s) and that you shall have sole responsibility for ensuring that all users understand and comply with the terms and conditions of this Agreement and any applicable Company policies including, but not limited to, acceptable use and privacy policies. You shall be responsible for any damages caused by you or other persons who use the Equipment or Services.
4.3.0 Compliance with Applicable Laws and Permitted Use
You represent that all users will use the services, software, and hardware in a manner consistent with all applicable laws. Any action or deviation from applicable law, or in Company’s determination, compromises or threatens the security of Company’s business, its vendors, its other customers or the services, software, and hardware, whether directly or indirectly, is strictly prohibited and permits Company to suspend or terminate the services without prior notice, at the sole discretion of Company. Furthermore, any direct or indirect violation of applicable laws and in the sole discretion of Company, based upon knowledge, information, and belief, may cause Company to withhold and not accept any messages or content that Company reasonably believes contains inappropriate content or that is, or which could reasonably become the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process, or inquiry.
4.4.0 Prohibited Uses and Suspension/Termination
Company’s services, software, and hardware are designed for normal residential use and are not intended for usage by organizations such as call centers, fax messaging services, telemarketing firms, resellers, or for use without live dialog, such as use by transcription services, intercom or monitoring services, etc. Unauthorized or excessive use beyond that normally experienced by typical, similarly residential customers may cause network capacity and congestion issues and interfere with distribution of network services and the third-party networks (if applicable) with which Company connects for call initiation and completion services. Such unauthorized or excessive use or any other use of the services, software, and hardware, beyond that of the typical residential customer or any action which causes a disruption in the network integrity of Company, or its vendors, whether directly or indirectly, is strictly prohibited and may be cause for termination of services or employment of network management practices described in Company’s Transparency and Network Management (Refer to Section 14.0.0). The following are examples, and not a comprehensive list of, impermissible uses which are not normal use:
- Use for resale to others;
- Use for continuous connectivity;
- Use for marketing practices that are in violation of any law or regulation or are unsolicited or spam communications;
- Use for unauthorized collection of information;
- Use to gain unauthorized access to data or to intercept information without authorization;
- Use to interfere with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks
- Uses which are illegal, improper, inappropriate, unlawful, fraudulent, threatening, abusive, harassing, defamatory, libelous, deceptive, infringing upon intellectual property, of or invasive of another’s privacy;
- Uses which violate the policies of third parties; and
- Any other activity that would be inconsistent with residential usage.
5.0.0 Indemnification
INDEMNIFICATION AND LIABILITY OF CUSTOMER: YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE COMPANIES FOR ANY DAMAGES, LOSSES OR EXPENSES, PENALTIES, GOVERNMENT FORFEITURES, GOVERNMENT FINES OF ANY KIND INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS, INTEREST, PENALTIES, EXPERT WITNESS FEES AND EXPENSES, AND ALL COSTS OF INVESTIGATION WHICH MAY BE IMPOSED ON, INCURRED BY, OR ASSERTED BY A THIRD PARTY IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE(S) OR EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE(S) OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF OR SUBSEQUENT INSULATION OF 911/E911 OR DIALING ASSOCIATED WITH A HOME SECURITY, HOME DETENTION, OR MEDICAL MONITORING SYSTEM; (d) OR IN CONNECTION WITH, THE TRANSMISSION BY OR THROUGH THE INTERNET ACCESS SERVICES OF ANY CONTENT, INCLUDING ANY BREACH OF USER’S SECURITY ON THE INTERNET ACCESS SERVICES, OTHER THAN THOSE CAUSED BY THE GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF COMPANY, OR ITS EMPLOYEES; AND (e) YOUR BREACH OF ANY PROVISION OF YOUR AGREEMENT WITH COMPANIES.
6.0.0 Governing Law, Jurisdiction, and Venue
This Agreement shall be governed by and construed under the laws of the state of Texas, without regard to conflict of laws principles. All suits, proceedings and other actions relating to, arising out of or in connection with this Agreement, whether founded in contract or tort, shall be submitted to the in-persona jurisdiction of the courts of the state of Texas and the exclusive venue for all such suits, proceedings and other actions shall be in Travis County, Texas. Each party hereby waives any claim against or objection to in personam jurisdiction and venue of such courts. Either party shall have the right to seek specific performance of the provisions of this Agreement without the requirement to post a bond or other monetary obligation.
7.0.0 Attorneys’ Fees
If any action at law or in equity arises in relation to the terms of this Agreement, each party shall be responsible for their own attorneys’ fees, expert witness fees, costs of suit, and expenses, regardless of the outcome. This provision is intended to protect both parties from bearing the financial burden of the opposing party’s legal expenses and frivolous lawsuits.
8.0.0 Severability
If any provision of this Agreement should be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and the balance of this Agreement shall be interpreted as if such provision were so excluded.
9.0.0 Force Majeure
If either party’s performance of any of its obligations under this Agreement is interfered with by any reason or circumstances beyond its control, including, without limitation, fire, explosion, power failure or power surge, acts of God, war, revolution, civil commotion, or requirement of any government or legal body or any representative of any such government or legal body, non-performance of any obligation of a third party contractor, labor unrest, including without limitation, strikes, slowdowns, picketing, boycotts, failures of bandwidth providers, or failures of video programming providers, then that party shall be fully excused from performance on a day-by-day basis to the extent of such interference, and that party shall have no liability nor be in default for any interruption in service.
If service is interrupted due to a force majeure event, Digital Aid reserves the right to immediately terminate any Services without notice. However, if the duration of the force majeure event exceeds thirty (30) days, a customer affected by the event shall have the right to terminate this Agreement without penalty by providing written notice to Digital Aid.
10.0.0 Waiver
Non-Waiver of Rights: Any waiver or failure by either party to exercise any right provided for in this Agreement in one instance shall not be construed as a waiver of any subsequent right or provision. This non-waiver shall apply to all rights and provisions, including, but not limited to, the enforcement of any part of this Agreement. The exercise of any right or provision by either party shall not preclude the simultaneous or future exercise of any other right or provision in this Agreement.
11.0.0 Assignment
This Agreement may not be assigned by you without the prior written consent of the Company. Company may assign this Agreement without your consent and without notification.
12.0.0 Technical and Administrative Support
12.1.0 Technical and Administrative Support Methods and Availability
During the term of this Agreement Company shall provide technical and administrative support via [email protected] during the hours indicated at www.digitalaid.org. Additionally, the Company may provide support via phone and chat/livechat as they become available, without any guarantee of availability or response time. The Company reserves the right to adjust and/ or reduce these hours at its sole discretion at any time without prior notice to you. The technical support telephone number is +1 (512) 885-8556.
12.2.0 Technical Support and Personnel Etiquette
The technical support provided by Company applies strictly and specifically to the Services provided by Company. The Company is not responsible for the functionality of your equipment or devices and will not provide technical support related solely to your equipment or devices. Furthermore, you agree to treat Company support personnel with normal courtesy and respect in all interactions and acknowledges that repeated episodes (i.e., more than one) of disrespectful, abusive, argumentative, disruptive, or similar behaviors directed towards Company support personnel, in the sole discretion and judgment of Company, will result in the termination of support services to you. Under these circumstances, if the Company restricts or terminates support services to you, you acknowledge and agree that no credits, refunds, or discounts will be provided to you because of these actions and all other Terms and Conditions of this Agreement remain in full force and effect.
14.0.0 Transparency and Network Management Policy
Recent FCC orders (sometimes referred to as the “Restoring Internet Freedom Order”, the “net neutrality” rules, or the “transparency” rules) mandate that Broadband service providers disclose information about any practices that involve blocking, throttling, and affiliated or paid prioritization.
14.1.0 Open Internet Access
Digital Aid LLC (“Digital Aid”) is committed to complying with the Federal Communications Commission’s (FCC) Open Internet rules and regulations to ensure that our customers have a transparent, fair, and open experience when using our services. The Company doesn’t block consumer access to lawful internet content.
We provide information to our customers about our network management practices, performance characteristics, and commercial terms of our broadband Internet access services to promote a clear understanding of our services.
14.2.0 Restricted Usage
The company may throttle or otherwise restrict usage that violates these General Terms and Conditions along with relevant usage policies herein below.
14.3.0 Peer-to-Peer File Sharing
The company throttles use of peer-to-peer file sharing during times of peak usage to ensure that all users have access to our services.
14.4.0 Plan Dependent Data Usage Based Throttling
Each service plan provided by the Company includes a predetermined monthly Data Allowance. The Data Allowance for each plan varies depending on the specific plan chosen by the Subscriber and is available on the Company’s website and in the applicable plan documentation.
14.4.1 Data Allowance and Reduced Speed Thresholds
If a Customer exceeds the High-Speed Data Allowance for their chosen plan, the Company will apply a predetermined reduction to the Subscriber’s internet speed, which is also known as Reduced Speed. Reduced Speed will be applied at various thresholds, as outlined in the table within this section, and will remain in effect until the beginning of the subsequent billing cycle. Despite the Reduced Speed, Subscribers will still have access to the internet but may experience decreased performance and longer loading times for certain online activities, such as streaming video or downloading large files.
Each service plan provided by the Digital Aid has a total Data Allowance, and within this total Data Allowance, there is a specified High-Speed Data Allowance. Once the High-Speed Data Allowance has been consumed, the Subscriber’s internet speed will be throttled down to a lower speed. If the Subscriber continues to use data and reaches additional thresholds within the total Data Allowance, the internet speed may be further reduced as specified in the plan’s diagram table.
Please refer to the table provided below for the Data Allowance, High-Speed Data Allowance, and Reduced Speed thresholds for each service plan offered by the Company. The following table details the specific speed reductions and thresholds applicable to each plan.
The above thresholds are subject to change at the Company’s sole discretion, and the Company reserves the right to modify or update the plan details as needed.
14.5.0 Data Reselling
The company doesn’t resell consumers’ data to third parties.
14.6.0 Anti-competitive Discrimination
Digital Aid does not engage in unlawful or anti-competitive discrimination against websites, streaming video services, or voice applications that may compete with traditional services offered by Digital Aid or those provided by our vendors. Additionally, we do not offer pay-for-priority services or prioritize affiliated services.
14.7.0 Congestion Management
If users’ aggregate demand exceeds the available capacity of the network and creates acute congestion, Company will employ various techniques to ensure that customers continue to have a positive experience. In times of acute congestion, Company Internet service bandwidth will be fairly among customers without regard to the customers’ online activities or the protocols or applications that the customers are using, except for peer-to-peer file sharing, which is reduced by a greater degree. While acute congestion is occurring, customers will still be able to use the lawful content, services, and applications of their choice, but this fair sharing of bandwidth may result in slower download and upload speeds and slower response times from websites and Internet-based applications and services. Company will not engage in deep packet inspection (where the content of the data packet is inspected beyond its IP, TCP, and UDP headers) or drop specific types of Internet traffic except as described herein to preserve the integrity of the network and protect against negative effects of Internet threats.
15.0.0 Protection of Company’s Information and Marks
All Service(s) information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of Company and its affiliates are and shall remain the exclusive property of Company. Nothing in this Agreement shall grant you the right or license to use any of the marks. Company performs an annual review of its copyright policy and updates are regularly distributed to management and those designated individuals responsible for compliance and reporting. All complaints are routed to the designated agent for review and, if necessary, the Company has several outside legal experts consisting of practicing attorneys specializing in patent, trademark and copyright law for consultation purposes.
16.0.0 Retention of Rights
Nothing contained in this Agreement shall be construed to limit Company’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Company and its suppliers reserve the right to delete all your data, files, electronic messages, or other Customer information that is stored on Company’s or its suppliers’ servers or systems. In addition, Customer may forfeit its account username and all email, IP and Web space addresses, and voicemail.
17.0.0 Privacy Policy
By using the Services, you acknowledge and agree that you have read and understand our Privacy Policy, which is incorporated into this Agreement by reference. Our Privacy Policy describes the collection, use, and sharing of personal information, and the steps we take to protect your privacy. You agree to the practices and procedures outlined in the Privacy Policy and acknowledge that it may be updated from time to time. The Privacy Policy can be viewed here.
18.0.0 Modification to the Agreement
Company reserves the right, at its sole discretion, to modify, amend, or replace any portion of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services after any changes to the Agreement constitutes your acceptance of such changes. If you do not agree to any changes, you must discontinue your use of the Services.
19.0.0 Notices
For legal notices, both you and the Company must send an email and a physical copy of the notice by certified mail, return receipt requested, to the respective email and mailing addresses provided during registration (or subsequently updated). Notices are deemed received after three (3) business days once both email and physical mail have been received. The email and physical mail must contain identical information. Send your legal notices to the Company at: Digital Aid LLC, PO BOX 3403, AUSTIN, 340310, TX, USA | Attn: Legal Department | Email: [email protected].
20.0.0 Email Communications and Marketing
By accepting these General Terms & Conditions, you expressly consent to receive news, updates, promotional offers, and other marketing communications from Digital Aid (“the Company”) via email. You acknowledge and understand that these emails may be sent to the email address provided during the registration process or any updated email address you subsequently provide. You may opt-out of receiving marketing emails at any time by following the unsubscribe instructions included in each email, or by contacting the Company directly. Please note that even if you opt-out of marketing emails, you may still receive important transactional or administrative emails related to your account or our services.
21.0.0 Entire Agreement
This Agreement, along with the Privacy Policy and CPNI Policy, both of which are incorporated by reference, and any other agreements or policies incorporated by reference, constitutes the entire understanding and agreement between you and Company with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Services or any other subject matter covered by this Agreement.
In the event of any conflict or inconsistency among the provisions of this Agreement, Privacy Policy, CPNI Policy, or any other agreements or policies incorporated by reference, the following order of precedence shall apply:
21.1.0 CPNI Policy
In matters specifically related to the protection, disclosure, and use of CPNI, the terms and conditions set forth in the CPNI Policy shall take precedence over any conflicting or inconsistent provisions in the Agreement, Privacy Policy, or any other agreements or policies incorporated by reference.
View the Digital Aid CPNI Policy here.
21.2.0 Privacy Policy
In matters related to the collection, use, and sharing of your personal information, the terms and conditions set forth in the Privacy Policy shall take precedence over any conflicting or inconsistent provisions in the Agreement, CPNI Policy, or any other agreements or policies incorporated by reference, except as otherwise provided in the CPNI Policy.
View the Digital Aid Privacy Policy here.
21.3.0 Agreement
In all other matters not expressly addressed by the CPNI Policy or Privacy Policy, the terms and conditions set forth in this Agreement shall govern and control over any conflicting or inconsistent provisions in any other agreements or policies incorporated by reference.
