WireFree Customer Agreement
Terms and Conditions
WireFree Communications, Inc. (“WireFree”) provides, either directly or through authorized third parties, various wired/wireless wide area network internet communications, features and systems (the “Services”). The WireFree Customer Agreement Terms and Conditions (“WCA”) and additional documents set forth or referenced below are applicable to all of the Services that are available from or through WireFree.
IMPORTANT NOTICE: BY USING THE WIREFREE SERVICES, FEATURES OR ACTIVATING USE OF THE WIREFREE SYSTEMS YOU AGREE TO BE BOUND BY THE WCA AND THE ADDITIONAL DOCUMENTS SET FORTH OR REFERENCED BELOW. PLEASE READ THE WCA AND THE ADDITIONAL DOCUMENTS SET FORTH OR REFERENCED BELOW CAREFULLY AS THEY, AMONG OTHER THINGS, LIMIT OUR LIABILITY (Sections 19 and 20) AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Section 25). IF YOU DO NOT AGREE TO THE WCA AND THE ADDITIONAL DOCUMENTS SET FORTH OR REFERENCED BELOW, YOU MAY NOT USE OR ACTIVATE THE SERVICES, FEATURES OR SYSTEMS.
This is a binding agreement between you and WireFree (referred to herein alternately as “WireFree” “we,” “our,” or “us”) for use of any and all of the Services that are ordered through the Service Activation Form (“SAF”) or may be offered from time to time by or through WireFree in accordance with the terms and conditions set forth below, the applicable WireFree Service Rate Plans (the “Rate Plans”), WireFree Acceptable Use Policy and such other policies as WireFree may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at the WireFree website at www.wirefreeus.com. WireFree is an independent contractor under this agreement. The parties’ relationship and this agreement will not constitute or create an association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates.
- Agreement Governing Use of Service.
This WCA is entered into between WireFree, having an office at 2011 McCulloch Blvd Suite 8, Lake Havasu City, Arizona 86403 and the Customer (“Customer” or “you”). The WCA, SAF, any Rate Plans you have agreed to and the Policies, including any materials you received in connection with your account (together, the “Agreement”), govern the use of the Services. The WCA, SAF, Rate Plans and policies are incorporated in this Agreement by this reference. If any of the Services, in whole or in part, is subject to any tariffs filed by WireFree (“Tariffs”), then you further agree that such affected Service(s) will also be governed by the terms of any such Tariffs, which Tariffs are incorporated in this Agreement by reference. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the WCA will control. You do not have the authority to vary, alter or amend any of the provisions of this Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to WireFree. Read below for terms that specifically apply to certain services or plans that you choose. As these provisions of the Agreement may be updated from time to time, you agree to regularly check your postal mail, e-mail and all postings on the WireFree website at www.wirefreeus.com or on another website about which you have been notified by us, and bear the risk of failing to do so. You agree WireFree may change the provisions of the Agreement from time to time, and such changes will become binding on you on the date posted to the WireFree website and no further notice by WireFree is required.
- Service Installation and Repairs; Limited Warranty.
You authorize WireFree or its authorized contractors to install a customer premise unit, router or POE injector, wiring, mounting brackets, antennae, radios, and the routing of cables including the penetration of exterior walls, as applicable and other equipment (“Equipment”), at the address you provided (“Premises”) to WireFree through the SAF. Any custom installation work that you request, including placing cable in attics/ceilings, under carpet, through cabinets, through interior walls or inside molding, may require an additional charge. WireFree will not be liable for any damage or alterations to Premises that result from the installation or removal of Equipment, including but not limited to, any holes in walls, cable wiring or antenna mounting brackets. For Service connection, WireFree will also install the router or POE injector at the Premises. You acknowledge that all Equipment remains the property of WireFree, and in the event you terminate the Services, WireFree will remove the Equipment from the Premises. WireFree, at its sole discretion, may require the retention of a Customer credit/debit card on file to secure all Equipment located at the Premises. Customer warrants that you own the Premises to which Services will be provided, or you have obtained the valid consent of the owner for any necessary changes to the Premises or with the Premises’ wiring that arise out of the installation, maintenance, repair and removal of Equipment. In addition, Customer has reviewed any restrictive covenants or homeowners restrictions (“Restrictions”) to confirm that Customer may place an antenna on Premises. If it is later determined that the installation of the Equipment violates any Restrictions or that Customer failed to obtain appropriate permission, WireFree may terminate this Agreement and discontinue Services. Customer agrees to indemnify, defend and hold harmless WireFree for any damages or losses caused by your (i) failure to comply with the Restrictions or (ii) failure to secure appropriate permission. The foregoing sentence will survive termination or expiration of the Agreement for any reason. WireFree may in its discretion, require evidence that Customer has obtained appropriate permission. You grant to WireFree or any appointed subcontractors an irrevocable license to enter into or onto your Premises during normal business hours, Monday through Saturday, in order to install, repair, replace or remove Equipment. WireFree will provide you, the original purchaser, with a limited warranty of the Equipment and installation during the Term of this Agreement. If a problem develops with the Equipment or the installation, WireFree will repair or replace the affected Equipment and/or correct the installation problem at no charge to the customer. This warranty excludes any damage to the Equipment resulting from customer abuse or negligence and/or Acts of God, as determined solely by WireFree.
- Acceptance of Agreement by Use/Activation.
You acknowledge that you have read and understood, and you agree to, each of the provisions of the Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of the Agreement. The Agreement applies to you and to anyone who uses the Services; by (a) initiating, activating or using the Services, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement (or ratified any previous consent to the same). If you do not agree to the terms of the Agreement, you may not use the Services.
- Changes to the Agreement or Charges.
We may change or increase any applicable charges for the Services or any other charges at anytime. However, if we: (a) increase the charges for a Service and you would be charged a termination or other fee to cancel that Service, or (b) we modify a material term of our Agreement with you and the modification would be materially adverse to you, we will notify you of the increase or modification (as provided in Section 17) and you can cancel the affected Service(s) without paying the termination or other fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the affected Service(s) by following the instructions in the notice, then you agree to the increase or modification, even if you paid for Services in advance. If we increase charges for Services to which no termination or other fee to cancel service applies, we will notify you of the increase, but you will still be responsible for any termination fee applicable to any other Services you may have to which a termination or other fee applies if you also cancel such other Services.
- Service Availability.
The connection of a single or multiple devices (“Device(s)”) connected to the router or POE injector is permissible and is subject to the terms and conditions of this agreement. WireFree assumes no responsibility for the operation, maintenance, or repairs of your Device or existing wiring. The availability and performance of the Services is subject to all memory, storage and other limitations in your Device. Services are available to your Device only when it is within the operating range of the WireFree network. Service access location lists and/or maps may be provided and updated from time to time; actual Services coverage, locations and quality may vary. The Services are subject to unavailability, including unavailability due to emergencies, collocation failures, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Services or communications networks more generally. We may impose usage or Services limits, suspend access to the Services, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is no indication of the speed at which your Device or the Services send(s) or receive(s) data. Actual network speed will vary based on your Device’s configuration, data compression and network congestion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
- Intended Use of Service: Prohibited Uses.
Services provided under a residential plan our intended solely for a Customer’s personal, residential use and shall not be used for any commercial purpose. Under a commercial plan, a Customer may only use the Services for its own commercial purpose and not that of any third party, and Customer shall not resell the Services. Furthermore, WireFree shall have no responsibility for the maintenance or repair of networks, facilities and equipment not furnished by WireFree. We reserve the right to assess additional Service charges for connectivity/usage which WireFree deems to be excessive. You may not reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, directly or indirectly transfer, distribute or exploit any portion of the Services without WireFree’s prior written consent. You will not use the Services in a manner prohibited by any federal, state, or local law or regulation, and will abide by WireFree’s Policies, which set forth additional rules that govern your activity in connection with the Services. Without limiting the foregoing, you may not use the Services, or allow the Services to be used, for any abusive purpose or in any way that damages WireFree’s property or interferes with or disrupts WireFree’s network or other users or customers. You agree that any unauthorized sharing of the Services with another party breaches the Agreement and may constitute fraud or theft, for which WireFree, its affiliates, and their agents reserve all rights and remedies. You have no proprietary or ownership rights to a specific Public Routable IP address (“IP address”) or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Services, and it will vary. You shall not program any other IP address into your Device or any other equipment. You may not assign your log-in name, password or IP address to any other person or Device or other equipment. You agree that we (including any of our authorized representatives) may access your unit and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the unit or network; enable, operate and update the Services and software; investigate activity that may be in violation of this Agreement; and/or to comply with law. In addition, you agree not to use or attempt to use the Services, the WireFree network or the WireFree website, or your Device for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, customers, facilities, or to any person. Improper uses include, but are not limited to: (a) Violating any applicable law or regulation; (b) Posting or transmitting content you do not have the right to post or transmit; (c) Posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (e) Attempting to intercept, collect or store data about third parties without their knowledge or consent; (f) Deleting, tampering with or revising any material posted by any other person or entity; (g) Accessing, tampering with or using non-public areas of the Services or any WireFree website or WireFree computer systems and network; (h) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (i) Attempting to access or search the Services or any WireFree network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; (j) Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”; (k) Using or attempting to use the Services or any WireFree website to send altered, deceptive or false source-identifying information; (l) Attempting to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services or any WireFree website; (m) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to or through the Services or any WireFree website, overloading, “flooding,” “spamming,” “crashing,” or “mail bombing” the Services or any WireFree website; (n) and/or Impersonating or misrepresenting your affiliation with any person or entity. You will defend, indemnify and hold WireFree, its affiliates, and their agents harmless against any and all claims, losses, or liability arising under this Section 6. The foregoing sentence will survive termination or expiration of the Agreement for any reason. If we suspect violations of any of the above, we may: aa) institute legal action, bb) immediately, without prior notice to you, terminate the Agreement with you and/or your rights to access or use the Services, cc) terminate any other WireFree agreements between us and you and the WireFree service provided under those agreements, and dd) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. WireFree reserves the right to install, manage and operate, directly or through authorized third parties, one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of this Agreement, including but not limited to any of the activities described in this Section 6. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in this Agreement, including but not limited to those activities described in this Section 6 and any other activities that may subject WireFree or its customers to any type of harm, injury or liability. WireFree, its affiliates, and their agents disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Services and/or into your Device.
- Content Disclaimer: Cautions and Restrictions.
- Service Term and Payment; Termination of Services.
The Agreement begins on the date your Services are initiated, activated or used (or is otherwise deemed to have been accepted as provided in Section 3) and will have either a month-to-month term or other (“Term”), as selected by you on the SAF. At the end of the Agreement’s initial Term, this Agreement will automatically renew for successive one-month periods (“Renewal Terms”) unless either party provides the other party notice of its intent not to renew at least 30 days before the then current term. You agree to pay for Services and all other charges (installation, late fees, reconnection, Equipment replacement costs, fees for returned checks and charge card chargebacks and other administrative fees) described in this Agreement (“Service Charges”), including the SAF and Rate Plans, and to comply with all of the terms and conditions of this Agreement. If applicable, you will pay any applicable sales, use, excise and like taxes that are stated separately on each invoice. All remittances associated with WireFree’s invoice(s) shall be made in U.S. currency by the invoice due date, with the exception of the initial Service Charges which are due at the time of Service installation and activation, by cash/check or use of a valid credit/debit card (“Card”). Thereafter, you agree to pay monthly recurring Service Charges in advance as invoiced throughout the Term. Service Charge remittances are nonrefundable on a monthly basis for any period in which Services have commenced unless part of a valid claim under Section 16. If you authorize the retention of Card information within your account detail, WireFree will automatically collect all Service Charges through the Card on file. If you change your address, you will notify WireFree of your new address before the move and you will remain liable for all of its obligations under this Agreement. You agree to pay all Service Charges due plus any additional payments required for the installation of Equipment at the new location. If you subscribe to Services and terminate this Agreement before the end of the Term, you agree to pay to WireFree all Service Charges due and a termination charge equivalent to two (2) months Service Rate for each full year not completed under the Agreement. Total termination charges cannot exceed the remaining Services Charges under the Agreement. Additionally, if the Agreement is terminated within the first six (6) months of the Agreement Term, the Service Charges will include a cancellation fee equivalent to the installation charges waived upon Service activation. You understand that if you fail to pay any amounts owing to WireFree within 30 days, or if your Card expires, does not process payment or is otherwise rejected, we may terminate the Services immediately in our discretion without notice. In such circumstances, despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is ended by you or us. Upon termination of this Agreement, you will not attempt to utilize the Equipment to connect to, or otherwise utilize Services or assist any third party to connect to or utilize Services.
- Loss of Service Due to Power Failure.
You acknowledge that the Services do not function in the event of power failure or a failure or disruption of our own or any third party’s communications networks that we may utilize to send or receive transmissions to or from your Device. A power failure, or a failure or disruption of such networks, may require you to reset or reconfigure your Device prior to utilizing or reutilizing the Services.
- Service Distinctions.
You acknowledge and agree that the Services are not telephone services. Important distinctions exist between telephone services and the Services offering provided by WireFree. The Services are subject to different regulatory treatment than telephone services. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.
- Back Up.
You acknowledge that you are solely responsible for backing up all Device files by copying them to another storage medium. Neither WireFree, its affiliates, nor their agents will be liable for any loss of data or damage to your hardware, software, or files, including any Device.
The Services, and any firmware or software used to provide the Services, or used in connection with the Services, and all other services, information, documents and materials delivered to you by WireFree or located on any of WireFree’s websites are protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of WireFree are and will remain the exclusive property of WireFree and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You represent and warrant that you possess all required rights, including software and/or firmware licenses, to use your equipment with the Services, including your Device, and you agree to defend, indemnify and hold WireFree, and its affiliates, and their agents harmless against any and all any and all claims, losses, or liability arising out of your use of such equipment, including your Device, with the Services. The foregoing sentence will survive termination or expiration of the Agreement for any reason. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Services or used in connection with the Services.
- Credit Reporting Agencies.
You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to the consumer reporting agencies and to appropriate third parties for reasonable business purposes. Based on past payment history with WireFree or upon receipt of adverse credit information about you at any time, we reserve the right to suspend or terminate Services to you or require a deposit for Services, at our option. The deposit cannot be used by you to pay any bills or to delay payment. After 90 days post termination of this Agreement, any remaining deposit will be returned without interest after deducting any charges owed by you to WireFree.
- Termination/Discontinuance of Service
WireFree reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion. If WireFree discontinues providing the Services generally, or terminates your Services in its discretion without a stated reason, your sole remedy will be (i) to elect to terminate any other Services you are then receiving from us (in which case you will not be assessed any cancellation charge or similar fee) and (ii) to be released from your obligations under the Agreement to pay us any amount charged in respect or any of the terminated Services from and after the date on which such Services are terminated (or to receive from us a pro-rated refund of any charges you previously paid for such terminated Services that are allocable to any period from and after the date on which such Services are terminated). Except as stated in the immediately preceding sentence, WireFree shall have no liability or other obligation to you, under the Agreement or otherwise, by reason of or otherwise arising from or related to any such termination of Services.
- Default; Termination.
You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and us, become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including replacement costs associated with any WireFree Equipment which is not returned in good working order and any early termination fees) due under the Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. We have the right to discontinue Services and/or terminate the Agreement without prior notice if you default under the Agreement. If we agree to renew Services to you after discontinuing Services, you agree to pay any applicable reactivation charges. Our remedies here under are not exclusive but are in addition to all other remedies provided by law or equity.
- Complaint Resolution/Notices.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact WireFree Customer Care as set forth at www.wirefreeus.com. You must notify WireFree in writing of billing errors disputes or requests for credit within thirty (30) days after receiving an invoice for which correction of an error or credit is sought. The date of the dispute shall be the date we receive sufficient documentation to enable us to investigate the dispute. The date of the resolution is the date we complete our investigation and notify you of the disposition of the dispute. Any adjustment or refund shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service for the period of time during which the Service is interrupted. The adjustment or refund will be accomplished by a credit on a subsequent invoice for Service. Except as otherwise expressly provided in this Agreement, the liability of WireFree, its officers, shareholders, directors, employees, affiliates, vendors, and other persons or entities involved in providing the Services or Equipment for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer’s Service Charges for a regular billing period . No credit allowance will be made for: (i) interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service (ii) interruptions of Service due to the negligence of any person other than WireFree connected to the WireFree’s facilities (iii) interruptions of Service due to the failure or malfunction of Customer owned equipment or third party equipment (iv) interruptions of Service during any period in which WireFree is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions (v) interruptions of Service during a period in which Customer continues to use the Service on an impaired basis (vi) interruptions during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements (vii) interruptions of Service due to circumstances or causes beyond the control of WireFree (viii) Limitation of Refund. Unless otherwise provided by applicable law, in the event any amounts owed by WireFree to Customer are not claimed by Customer within one year of the date on which the amount became payable to Customer, Customer shall forfeit all rights to the refund and all such amounts shall become the property of WireFree. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as stated in the SAF. You are responsible for notifying us of any changes in your address. Written notice to WireFree will be effective when directed to WireFree’s Customer Care Department and received at the address set forth at www.wirefreeus.com. Notices must be in writing to be effective. Notices sent by us via email to you at your email address stated in the SAF will constitute written notice.
Subject to applicable law, WireFree may in its sole discretion amend any part of the Services or provision of the Agreement. WireFree will provide notice to you of any material modification. Such notice will be effective by posting it on the WireFree website at www.wirefreeus.com or on another website about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address on WireFree’s account records. You agree that any one of the foregoing will constitute sufficient notice. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement within twenty (20) days of the date we send our notice. If you use the Services or make any payment to us after WireFree provides notice as specified above of a material modification, and do not provide termination notice to us within the specified time period, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, WireFree may revise any Policy at any time, and such revisions will be effective immediately upon posting on WireFree’s website at www.wirefreeus.com, or providing written notice, whether electronic or otherwise, to you.
- Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c) (2) (as amended), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent at [email protected]. Note that inquiries relevant to the following procedure only will receive a response.
- DISCLAIMER OF WARRANTIES AND DAMAGES.
NOT WITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WIREFREE DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NONINTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIREFREE ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY WIREFREE EMPLOYEES OR REPRESENTATIVES OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY WIREFREE. NEITHER WIREFREE NOR IT AFFILIATES, THEIR AGENTS OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICES MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INCLUDING THE DEVICE(S), INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, WIREFREE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE WIREFREE’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, MATERIAL CHANGES IN APPLICABLE LAW OR REGULATION, OR DECREE OF ANY COURT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICES ARE ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE WIREFREE NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF WIREFREE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNALTO THE SERVICES FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. WIREFREE CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICES. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
- LIMITATION OF LIABILITY.
NOT WITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WIREFREE NOR ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY FEES PAID TO WIREFREE HERE UNDER IN EXCESS OF THOSE ACTUALLY PAID BY THE AFFECTED CUSTOMER TO WIREFREE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS, (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICES OR ACCESS TO THE INTERNET, (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICES OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT WIREFREE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THESE EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR IF YOU HAVE ANY OTHER DISPUTE WITH WIREFREE, OR CLAIM AGAINST WIREFREE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND ANY LIABILITY (IF ANY) WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED INREASONABLE RELIANCE, UP TO A MAXIMUM OF ONE (1) MONTHS WORTH OF THE SERVICE CHARGES PAID BY THE AFFECTED CUSTOMER TO WIREFREE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY OR LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH HEREIN WHICH EVER IS LESS. Some states do not allow the exclusion or limitation of incidental or consequential damages, or other modifications of or limitations to certain remedies, so the above exclusion or limitation may not apply to you, in whole or in part.
You will defend, indemnify, and hold WireFree, its affiliates, and their directors, officers, employees, agents, and shareholders and any other of WireFree’s service providers or suppliers (collectively, the “WireFree Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the WireFree Parties resulting from, arising out of the Agreement, the Services, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use or misuse of the Services. You also agree to pay WireFree’s reasonable attorneys’ and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of the Agreement for any reason.
- Assignment and Successors in Interest.
All of the provisions of the Agreement will be binding upon, inure to the benefit of, and been forcible by, your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or WireFree’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of WireFree. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, WireFree may assign or otherwise transfer its rights and obligations under the Agreement without restriction.
- Privacy and Security.
- Signing Authority; Authorized User.
You acknowledge that you are of legal age and have read, clearly understand and agree to be bound by the terms of the Agreement as posted on the WireFree website at www.wirefreeus.com and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use your Device or the Services.
- ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO WIREFREE UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE CLARK COUNTY, NEVADA, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HERE OF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND WIREFREE WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY WIREFREE. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICES. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WIREFREE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT WIREFREE FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.
- Network Outsourcing.
WireFree may outsource the operation of the WireFree network and related services and functions, such as billing and customer care, to third parties, which shall act as authorized representatives of WireFree for and in connection with such purposes and functions. Such third parties, in their capacities as authorized representatives of WireFree, will be entitled to contact you for or in connection with any issue related to billing, customer relationship management as well as technical or operational issues relating to the WireFree network, any of the Services or any of your Devices.
Collection of your Personal Information
We collect certain items of your personally identifiable information, such as your e-mail address, name, drivers license information, home or work address or telephone number, in connection with the initiation of your WireFree service, the establishment of your billing account and your use of the WireFree service and related website. We also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites, in connection with your use of the WireFree service and related website. There is also information about your Device hardware and software that is automatically collected by use of the WireFree service offering. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by us or our authorized representatives for the operation of the WireFree service, to maintain quality of the service, and to provide general statistics regarding use of that service and/or the related website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data while using the WireFree service, such as through public message boards, this information may be collected and used by others. Note: neither we nor any of our authorized representatives read any of your private online communications. We encourage you to review the privacy policies and/or statements of other websites you choose to link to from or through the WireFree service so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy policies and/or statements, or any of the other content, on websites outside of the WireFree service websites.
Use of your Personal Information
We and/or our authorized representatives collect and use your personal information to operate the WireFree service (including the related websites) and to deliver the services you have requested. We and/or our authorized representatives also use your personally identifiable information to inform you of other products or services available from or through us (including our affiliates) and/or the WireFree service. We and/or our authorized representatives may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. We do not sell, rent or lease our WireFree customer lists to third parties. We (including our affiliates) and/or our authorized representatives may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, we (including our affiliates) and/or our authorized representatives may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us and/or our authorized representatives, and they are required to maintain the confidentiality of your information. Neither we nor our authorized representatives will use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Our WireFree service offering includes the capability to keep track of the websites and pages that our customers visit within or through the WireFree service, in order to determine what WireFree services and/or topical websites and pages are the most popular. This data may be used to deliver customized content and advertising within the WireFree service offering to customers whose behavior indicates that they are interested in a particular subject area. We and/or our authorized representatives will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us, our affiliates or our authorized representatives or the websites related to the WireFree service; (b) protect and defend our rights or property; and (c) act under exigent circumstances to protect the personal safety of users of the WireFree service offering, or the public.
We and the websites related to the WireFree service use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your Device. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the particular web server that you have returned to a specific page. For example, if you personalize WireFree service pages, or register with a particular WireFree service or site, a cookie helps our relevant WireFree service web server to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same WireFree service website or web page, the information you previously provided can be retrieved, so you can easily use the WireFree service features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the WireFree service offerings or those of the other services or websites you visit by or through the WireFree service.
Security of your Personal Information
We and/or our authorized representatives take reasonable measures and precautions to secure your personal information from unauthorized access, use or disclosure. We and/or our authorized representatives secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
WireFree Acceptable Use Policy
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY OF WIREFREE’S INTERNET SERVICE, INCLUDING BUT NOT LIMITED TO ANY SERVICE FEATURES THAT MAY BE AVAILABLE AND ANY EQUIPMENT USED TO PROVIDE WIREFREE’S INTERNET SERVICE (COLLECTIVELY “SERVICE”), WIREFREE COMMUNICATIONS INC. (“WIREFREE”) HAS ADOPTED THIS ACCEPTABLE USE POLICY (“POLICY”). THIS POLICY, INCLUDING ITS USE RESTRICTIONS, IS IN ADDITION TO THE RESTRICTIONS CONTAINED IN THE WIREFREE CUSTOMER AGREEMENT.
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD “CUSTOMER” IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. WIREFREE RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE CUSTOMER’S ACCOUNT OR TO UNDERTAKE NETWORK MANAGEMENT ACTIONS DESCRIBED HEREIN WITHOUT NOTICE, AT WIREFREE’S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. BY USING THE SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE OTHERS USING THE SERVICE THROUGH CUSTOMER’S ACCOUNT TO ABIDE BY, THE TERMS OF THIS ACCEPTABLE USE POLICY. WIREFREE REGULARLY UPDATES AND AMENDS THIS ACCEPTABLE USE POLICY AND CUSTOMER SHOULD CONSULT WIREFREE’S WEBSITE (www.wirefreeus.com) TO BE SURE CUSTOMER REMAINS IN COMPLIANCE. ANY REVISION OF THIS ACCEPTABLE USE POLICY IS EFFECTIVE IMMEDIATELY UPON SUCH POSTING. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE WIREFREE CUSTOMER SERVICE DEPARTMENT SO THAT CUSTOMER’S ACCOUNT MAY BE CLOSED. CUSTOMER’S CONTINUED USE OF THE SERVICE WILL CONSTITUTE CUSTOMER’S ACCEPTANCE OF AND AGREEMENT TO THIS POLICY AND ANY POSTED AMENDMENTS TO THIS POLICY.
- Service Use.
Residential Service: The Service is designed for personal and family use (residential use only) within a single household. Customer agrees that only Customer and co-residents living in the same household will use the Service. The term “single household” means Customer’s home and includes an apartment, condominium or other residential unit that may be used as a residence in any multiple dwelling unit. The Service is being provided solely for residential use in Customer’s household and any unauthorized access by a third party to the Service relieves WireFree of any affirmative obligations it may have, and is in violation of this Policy and the WireFree Customer Agreement. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third-party. Customer may not establish a web page using a server located at Customer’s home. Customer will not use, or allow others to use, Customer’s home computer as a web server, FTP server, file server or game server or to run any other server applications or to provide network or host services to others via WireFree’s network. Customer will not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access.
Commercial Service: The commercial Internet service provided to the Customer is being provided solely for use in Customer’s business and any unauthorized access by a third party to the Service is in violation of this Policy and relieves WireFree of any affirmative obligations it may have. Customer shall not operate a server in connection with the Service including but not limited to mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers, or multiuser interactive forums or run programs, equipment or servers from Customer’s premises to which the Service is provided that provide network content to anyone outside of those premises, commonly known as public services or servers. Customer may have multiple/simultaneous end users and is responsible for ensuring that all end users of the Service comply with this Acceptable Use Policy. WireFree may disconnect Service if an end user violates this Acceptable Use Policy. The Customer is responsible for any misuse of the Service, whether by authorized or unauthorized end users. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.
Services: All Customers, whether residential or commercial, will not advertise that the Service is available for use by third parties or unauthorized users. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology. WireFree reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice. Any violation of this Policy may lead to prosecution under state and/or federal law.
- No Illegal or Fraudulent Use.
Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Children’s Online Privacy Protection Act, posting or transmitting child pornography or obscene material, illegal gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including, but not limited to, acts of terrorism, engaging in a pyramid, ponzi or other illegal soliciting schemes, or sending chain letters that request money or other items of value. Customer agrees to indemnify, defend and hold harmless WireFree and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from their engagement in any act prohibited by this Acceptable Use Policy or resulting from their violation of this Acceptable Use Policy. This paragraph will survive any termination or expiration of any applicable WireFree Customer Agreement.
- No Threats or Harassment.
Customer will not use, or allow others to use, the Service to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise invades the privacy or rights of any other person or entity.
- No Harm to and Protection of Minors.
Customer will not use, or allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors. or violating the Children’s Online Privacy Protection Act.
- No “Spamming”.
Customer will not use, nor allow others to use, the Services to send materials in a manner inconsistent with federal and state laws, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037). These materials include without limitation mass or bulk e-mail, numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content (“spamming). WireFree reserves the right, in our sole discretion, to determine whether such postings or transmissions constitute an advertisement, promotional material or any other form of solicitation in violation of such laws.
- No “Hacking”.
Customer will not use, or allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material. Customer will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. In addition, Customer will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity.
- No “Viruses”.
Customer will not use, or allow others to use, the Service to transmit computer “viruses,” “worms,” “Trojan horses,” denial of service attacks or other harmful software programs or information containing any lock, key, bomb, worm, botnet, cancelbot, or other harmful feature. Customer will use standard practices to prevent the transmission of such viruses, or other harmful software and information. As software or other content downloaded from the Service may contain viruses, it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data.
- No Impersonation or Forgery.
Customer will not, or allow others to, impersonate another user, falsify one’s user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an e-mail address that has the effect of being misleading. Customers will not, or allow others to, forge, alter, or remove any message header of any electronic transmission, originating or passing through the Service. Customers will not, or allow others to, forge anyone else’s digital or manual signature.
- No Infringement of Intellectual Property Rights.
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, copyrights, trade secrets, trademarks, moral rights or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. WireFree assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
Customer is responsible for any misuse of the Service, regardless of whether the inappropriate activity was committed by an invitee, licensee, agent, servant, guest, employee or any other person who gains access to the Service. Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Service, for instance by strictly maintaining the confidentiality of passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices used in connection with the Service. Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. WireFree recommends against enabling file or printer sharing of any sort and recommends that any files or services made available for remote access is protected with a strong password or as otherwise appropriate.
- No System Interruption.
Customer will not use, or allow others to use, the Service to disrupt WireFree’s network or computer equipment owned by WireFree or other WireFree customers. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of the Service by others, sending or receiving excessive data transfers (as determined in WireFree’s reasonable discretion) for the package or tier of service to which Customer subscribes or modifying or altering in any manner any router configuration so as to allow its use beyond the parameters outlined by the specific level of service to which Customer subscribes. Any static or dynamic IP address must be specifically authorized and provisioned by WireFree. Altering any IP address provisioned by WireFree or otherwise cloning another user’s IP address is prohibited. Customer also agrees that Customer will not use, or allow others to use, the Service to disrupt other Internet Service Providers (“ISPs”) or services, including, but not limited to, e-mail bombing or the use of mass mailing programs. Customer may not use bandwidth in excess of that associated with the package or tier of service to which Customer subscribes. In addition, Customer will not, or allow others to, alter, modify, service, or tamper with the WireFree Equipment or Service or permit any other person to do the same who is not authorized by WireFree.
- Network and Bandwidth
WireFree manages its network to deliver the best possible service to all of our customers. This is necessary because high-speed bandwidth and network resources are not unlimited. Additionally, if we did not manage our network, our customers would be subject to the negative effects of “spam,” viruses, security attacks, network congestion, and other risks and degradations of service. Additionally, WireFree utilizes other means to protect its customers from illegal or fraudulent activities. To address these risks, WireFree uses reasonable network management practices with the goal of relieving network congestion and ensuring that all customers have the opportunity to use the Service with the best available results. WireFree uses tools that it considers to be the least disruptive to the customer experience. Customer must comply with all current bandwidth, data storage, and other limitations on the Service. It is a violation of this Policy to use the Service in excess of these limits. In these cases, WireFree may, in its sole discretion, notify Customer of excessive use and (i) request Customer to employ corrective or self-limiting actions to comply with this provision; (ii) suspend or terminate Customer’s Service account; or (iii) request that Customer subscribe to a version of the Service for use at higher data consumption levels that align with Customer’s usage patterns. WireFree’s determination of the data consumption for Service accounts is final. WireFree offers multiple tiers of high speed Services. Customer acknowledge that each tier or level of WireFree’s high speed Services has limits on the maximum speed at which you may send and receive data at any time, as set forth in the Service Rate Plans. You understand that the actual speeds you may experience at any time will vary based on a number of factors, including the capabilities of your equipment, internet congestion, the technical properties of the websites, content and applications that you access, and network management tools and techniques employed by WireFree. Customer agrees that WireFree may use technical means, including but not limited to suspending or reducing the speed of the Services, to ensure compliance with your tier of service and to ensure that WireFree’s high speed Services operates efficiently. Customer agrees that WireFree may change the bandwidth or other threshold limitation of any tier by amending the Service Rate Plan. Your continued use of the Services following such a change will constitute your acceptance thereof.
- Right to Monitor.
Neither WireFree nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions made on the Service. However, WireFree and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy, including for purposes of management of the network and to disclose, block, or remove them in accordance with the WireFree Customer Agreement and any other applicable agreements and policies. WireFree obtains services from and relies upon many other entities to provide the Service to our Customers. Where Customer accesses services of other entities through the Service, Customer agrees to and shall abide by the publicized acceptable use policies of such other known entities. The failure by WireFree or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter. Customer agrees that any portion of this Acceptable Use Policy held invalid or unenforceable will as much as possible be construed consistent with the intent and applicable law; the remaining portions of this Acceptable Use Policy will remain in full force and effect.
- Revisions to Policy.
WireFree reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to WireFree’s homepage (www.wirefreeus.com) by email or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit WireFree’s website and review this Policy to ensure that their activities conform to the most recent version.