These Residential Terms of Service (“Terms”) are a legal agreement between you (“Customer”) and Digital Network Access Communications Inc. d/b/a DNA Communications (“DNA”), an Illinois competitive local exchange carrier (CLEC) with offices at 601 First Ave., Rochelle, IL 61068.
These Terms govern your purchase of residential internet and voice services from DNA. By signing a Residential Service Order or using DNA’s services after a Service Order is executed, you agree to be bound by these Terms. If you do not agree, do not sign a Service Order and do not use the services.
These Terms incorporate the following DNA policies by reference. Current versions are available at the URLs shown:
In the event of a conflict between these Terms and an incorporated policy on a legal or liability matter, these Terms control.
DNA provides residential internet access and residential voice services to eligible service addresses. The specific services you receive, along with applicable monthly charges and any one-time fees, are described in your Residential Service Order.
DNA does not guarantee service availability at any particular address. Service is subject to network availability and technical feasibility at your location.
DNA may modify, update, or discontinue a feature, technology, or component of your service upon reasonable notice of not less than thirty (30) days, except for emergency changes or changes required by law. If a material change directly impairs your service, you may cancel without an early termination fee upon written notice to DNA within thirty (30) days of DNA’s notice to you.
Your Service Order establishes whether your service is month-to-month or subject to a twelve (12)-month committed term.
Month-to-Month. If your Service Order is month-to-month, your service continues and renews automatically each month. Either party may cancel with thirty (30) days’ written notice. No early termination fee applies.
Twelve-Month Term. If your Service Order establishes a twelve (12)-month term, your service continues for that full term. Upon expiration of the twelve (12)-month term, your service automatically renews for successive twelve (12)-month periods unless you provide written notice of non-renewal at least thirty (30) days before the end of the then-current term. If you cancel or if DNA terminates your service for cause before the end of a committed term, an early termination fee applies as described in Section 6.
Monthly Rate. Your monthly recurring charge is set forth in your Service Order. DNA will not increase your monthly recurring charge during your committed service term. If you are on a month-to-month arrangement, DNA may change your monthly rate upon thirty (30) days’ written notice.
Rate at Renewal. For customers on a twelve (12)-month term, your rate in any renewal term will remain the same unless DNA provides written notice of a rate change at least sixty (60) days before the end of your then-current term. If DNA changes your rate and you do not wish to renew at the new rate, you may cancel without an early termination fee by providing written notice of non-renewal at least thirty (30) days before the end of your then-current term.
Rate Decreases. If DNA’s standard rate for your service tier decreases during your committed term, you may re-contract at the lower rate by executing a new Service Order for a term of equal or greater length.
Taxes and Surcharges. Monthly charges do not include applicable federal, state, or local taxes, regulatory fees, or surcharges. These amounts appear separately on your invoice and are your responsibility. DNA may collect and remit such amounts as required by law.
Invoicing. DNA invoices monthly in advance for recurring charges. Invoices are due within thirty (30) days of the invoice date. DNA will use reasonable efforts to deliver invoices to the email or billing address on file.
Payment is due by the date shown on your invoice. If a payment is not received by the due date, a late fee of one and one-half percent (1.5%) per month (or the highest rate permitted by applicable law, whichever is less) will accrue on the unpaid balance from the due date until paid in full.
If you believe an invoice contains an error, you must notify DNA in writing within thirty (30) days of the invoice date identifying the disputed amount and the reason for the dispute. DNA will not suspend service while a timely, good-faith dispute is pending, provided you pay all undisputed amounts on time. Amounts not disputed within thirty (30) days are conclusively deemed accurate.
Twelve-Month Contracts Only. If you cancel service or if DNA terminates your service for cause before the expiration of a committed twelve (12)-month term, you owe an early termination fee (“ETF”) equal to eighty-five percent (85%) of the remaining monthly recurring charges through the end of the current term, or $3,000.00, whichever is less. The ETF represents a reasonable estimate of DNA’s costs and is not a penalty.
Promotional Discounts and Fee Waivers. If DNA applied any promotional discount, reduced rate, or fee waiver to your account — including a waived or reduced installation fee — as an inducement for your commitment to a full service term, that promotion is contingent on completing the full committed term. If you cancel or are terminated for cause before the end of the term, the face value of any promotional discount or waiver applied to your account becomes immediately due in full, in addition to any applicable ETF.
Installation Fees. Any installation fee not covered by a promotion that was still in effect at the time of cancellation is owed upon early termination.
Pre-Acceptance Cancellation. If you cancel after signing a Service Order but before service is activated, or within three (3) days of service activation, you owe a cancellation fee of $150.00 plus any equipment and labor costs DNA incurred in connection with your order.
DNA’s Right to Waive. DNA may, at its sole discretion, waive or reduce any fee described in this section at any time and for any reason. A waiver in one instance does not obligate DNA to waive the same fee in any other instance.
Ownership. Any modem, ONT, ATA, or other equipment that DNA provides in connection with your service (“DNA Equipment”) remains DNA’s property at all times. You do not acquire any ownership interest in DNA Equipment by virtue of receiving service or making payments.
Your Obligations. You agree to: use DNA Equipment only in connection with your DNA service and in accordance with DNA’s instructions; not modify, tamper with, or move DNA Equipment without DNA’s prior written consent; protect DNA Equipment from damage, theft, or unauthorized use; and promptly notify DNA of any damage, malfunction, or loss.
Return Upon Cancellation. When your service ends for any reason, you must return all DNA Equipment to DNA within thirty (30) days in good working condition, with reasonable wear and tear excepted. DNA will coordinate return logistics and may schedule retrieval by a DNA technician.
Unreturned or Damaged Equipment. If you do not return DNA Equipment within thirty (30) days, or if returned equipment is damaged beyond reasonable wear and tear, you are responsible for the then-current replacement cost of the unreturned or damaged equipment. DNA may invoice you for these amounts, due within thirty (30) days. This obligation survives cancellation of your service.
No Warranty. DNA Equipment is provided as part of the service and is not separately warranted. DNA will repair or replace malfunctioning DNA Equipment as part of its service delivery, but equipment replacement does not by itself extend any service commitment.
DNA’s Right to Waive. DNA may, at its sole discretion, waive or reduce any equipment-related fee at any time and for any reason.
Your use of DNA’s services is subject to DNA’s Acceptable Use Policy (AUP), available at https://www.dnacom.com/legal/acceptable-use-policies/. DNA may update the AUP from time to time by posting an updated version at that URL. Your continued use of the services after an update constitutes acceptance of the updated AUP.
Prohibited uses include, but are not limited to: transmitting unlawful content; using the service for commercial purposes without DNA’s authorization; interfering with DNA’s network or other customers’ service; and using the service in any way that violates applicable law. See the AUP for the full list of prohibited uses and DNA’s enforcement rights.
Voice Delivery. DNA’s residential voice service may be delivered over an Unbundled Network Element (UNE), an Optical Network Terminal (ONT), or an Analog Telephone Adapter (ATA), depending on your service address and network configuration. The method of delivery does not affect your monthly charge unless otherwise stated in your Service Order.
E911 Limitations. DNA’s residential voice service supports E911 emergency calling. However, E911 may not function during a power outage, internet connectivity failure, or network disruption. Calls may be routed to a general emergency call center rather than your local PSAP, and your location information may not be automatically transmitted to emergency responders.
No Life-Safety Reliance. DNA’s voice service is not a substitute for traditional landline service and is not designed or intended for use with alarm systems, medical monitoring devices, or any other life-safety application. You are solely responsible for maintaining an independent means of contacting emergency services.
Power Dependency. Your ATA, ONT, or other voice equipment requires electrical power to function. DNA does not provide battery backup or premises power backup unless expressly stated in your Service Order. You are responsible for any backup power arrangements at your premises.
Registered Address. E911 calls route to the address you registered with DNA. You are responsible for keeping your registered service address current and for notifying DNA promptly of any change. DNA has no independent means to verify or update your address information.
Full Telecom and Voice Disclosures. By signing a Residential Service Order, you acknowledge that you have reviewed DNA’s Telecom and Voice Disclosures, available at https://www.dnacom.com/legal/telecom-voice-disclosures/, including E911 limitations, power dependency, and no-life-safety-reliance provisions.
DNA may temporarily interrupt service to perform maintenance, upgrades, or repairs. DNA will use commercially reasonable efforts to provide at least forty-eight (48) hours’ advance notice of planned maintenance expected to materially affect service and to schedule such maintenance during off-peak hours. Emergency maintenance may occur without advance notice when necessary to protect the network.
Service Guarantee. If a complete or near-complete failure of your service occurs and DNA fails to restore service within three (3) business days of your written notice identifying the outage, you may cancel your service without an early termination fee upon written notice to DNA. This remedy does not apply to outages caused by your own equipment or actions, events beyond DNA’s reasonable control, or scheduled maintenance.
Suspension for Non-Payment. If you fail to pay undisputed amounts by the due date and do not cure within ten (10) days of written notice from DNA, DNA may suspend your service. Suspension does not relieve you of your obligation to pay monthly charges during the suspension period. DNA may impose a reconnection fee as a condition of restoring suspended service.
Suspension or Termination for AUP Violations. For AUP violations that pose an immediate risk to DNA’s network, other customers, or third parties, DNA may suspend service immediately without notice and may terminate upon written notice without a cure period. For other AUP violations, DNA will provide written notice; if you do not cure within ten (10) days, DNA may terminate your service.
Termination for Safety. DNA may terminate your service immediately, without notice or cure period, if you or anyone using your service threatens, harasses, or endangers DNA employees, contractors, or agents.
Disconnection by You. To cancel service, you must provide DNA with at least thirty (30) days’ prior written notice by email to legal@dna-communications.com or by mail to 601 First Ave., Rochelle, IL 61068. Cancellation is subject to any applicable early termination fee under Section 6. DNA will use commercially reasonable efforts to confirm receipt of your cancellation request within two (2) business days.
Effect of Termination. When service ends, your right to use the services immediately ceases, all outstanding charges and applicable fees become due, and you must return DNA Equipment as described in Section 7.
No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING LOSS OF DATA, LOSS OF COMMUNICATIONS, OR BUSINESS INTERRUPTION, EVEN IF DNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNA’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES IS LIMITED TO THE FEES YOU PAID FOR THE AFFECTED SERVICE DURING THE PERIOD IN WHICH THE CLAIMED INTERRUPTION OR FAILURE OCCURRED.
No Warranty. Except as expressly stated in these Terms, the services are provided “as is” and “as available.” DNA makes no warranty, express or implied, regarding the services, including any warranty of merchantability, fitness for a particular purpose, or uninterrupted or error-free service.
Emergency Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DNA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM FAILURE OR UNAVAILABILITY OF EMERGENCY SERVICES, INABILITY TO COMPLETE EMERGENCY CALLS, OR INCORRECT DISPATCH RESULTING FROM INACCURATE ADDRESS INFORMATION OR NETWORK CONDITIONS OUTSIDE DNA’S REASONABLE CONTROL.
DNA may update these Terms from time to time. For material changes, DNA will provide at least thirty (30) days’ advance notice by email, invoice message, or posting on the DNA website. Your continued use of the services after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to a material change, you may cancel your service prior to the effective date without an early termination fee.
DNA’s collection, use, and protection of your personal information is governed by DNA’s Privacy Policy, available at https://www.dnacom.com/legal/privacy-policy/. The Privacy Policy is incorporated into these Terms by reference.
DNA’s internet access service is subject to DNA’s Copyright and DMCA Policy, available at https://www.dnacom.com/legal/copyright-policy/. This policy governs DNA’s response to copyright infringement notices, takedown procedures, and repeat-infringer enforcement under 17 U.S.C. § 512. All internet access customers, including residential customers, are subject to this policy.
If you move to a new address, please contact DNA at least thirty (30) days in advance. If DNA can provide service at your new address, standard move and activation charges apply. If DNA cannot provide service at your new location, you may cancel without an early termination fee upon written notice to DNA within fifteen (15) days of DNA’s determination.
You may not transfer or assign your service or these Terms to another person without DNA’s prior written consent. DNA may assign these Terms or your Service Order without your consent in connection with a sale, merger, or transfer of DNA’s network or business. Any purported assignment by you in violation of this section is void.
DNA is not liable for any failure or delay in service caused by circumstances beyond DNA’s reasonable control, including acts of God, natural disasters, fire, flood, power failures, carrier outages, government action, or other events outside DNA’s control. If such an event continues for more than sixty (60) consecutive days and prevents DNA from delivering your service, either party may cancel without an early termination fee.
CLEC Status. DNA is a competitive local exchange carrier (CLEC) regulated under federal and Illinois state telecommunications law. Your service may be subject to requirements of the Federal Communications Commission (FCC) or the Illinois Commerce Commission (ICC).
Tariffs. Some services may be governed in part by DNA’s filed tariffs with the ICC or FCC. To the extent a tariff applies, it governs over these Terms on tariffed matters.
CPNI Notice. As a telecommunications carrier, DNA is required to protect your Customer Proprietary Network Information (CPNI) under federal law. CPNI includes information about your service selections and usage. DNA uses CPNI only as permitted by 47 C.F.R. Part 64, including to manage your service, respond to support requests, and offer you information about services within the same category you already subscribe to. You have the right to restrict DNA’s use of your CPNI for marketing purposes by notifying DNA in writing at legal@dna-communications.com or 601 First Ave., Rochelle, IL 61068. Restriction will not affect the services you receive. By signing a Service Order, you authorize DNA’s use of CPNI as described above unless and until you provide written restriction notice.
These Terms and your Service Order are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or your service shall be brought exclusively in the state courts of DeKalb County, Illinois, or the United States District Court for the Northern District of Illinois (Western Division). Both parties consent to exclusive jurisdiction and venue in those courts.
These Terms, together with your Residential Service Order and the incorporated policies listed in Section 1, constitute the entire agreement between you and DNA regarding your residential service. They supersede all prior agreements, representations, and understandings, whether written or oral. No course of dealing or usage of trade modifies these Terms.
If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
DNA Communications
601 First Ave., Rochelle, IL 61068
Legal and formal notices: legal@dna-communications.com
Customer support: 815-562-4290
Website: https://www.dnacom.com
