HighSpeedAirTM Access Agreement
This is a contract between you and HighSpeedAir, Inc. ("HighSpeedAir", "we"
or "us") for wireless high-speed Internet access services and related
services and features (which may include the use of a non-HighSpeedAir
network, e.g. roaming) (the "Service") and any wireless local area network
compatible equipment ("Unit") purchased from us for use with the Service.
1. Agreements Governing Use of Service. These HighSpeedAir Terms and
Conditions ("T&C's"), any HighSpeedAir Service Agreement you have agreed to,
and the specific Rate Plan or Service Plan Information that applies to your
account (see www.HighspeedAir.net or the HighSpeedAir material you may have
received in connection with your account) (together, the "Agreement"),
govern the use of the Service and your Unit. Read below for terms that
specifically apply to certain services or plans (e.g., prepaid,
subscription, seasonal). THESE T&C'S SUPERSEDE ALL EARLIER VERSIONS. PLEASE
READ THEM CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE
2. Acceptance of Agreement by Use/Activation.
BY USING/ACTIVATING THE SERVICE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE
TO BE BOUND BY THE AGREEMENT. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE
DATE ON WHICH YOU ACCEPT THE T&C'S.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU SHOULD NOT USE THE
SERVICE AND SHOULD CANCEL YOUR ORDER IMMEDATELY. IF YOU DO NOT AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS, WE WILL BE UNDER NO OBLIGATION TO PROVIDE
YOU WITH THE SERVICES
Your electronic acceptance on our web site, your activation or use of the
Service or your signature below constitutes your acceptance of the
Agreement. Your electronic acceptance of the Agreement shall have the same
force and effect as if you had actually signed the Agreement.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME.
3. Description of Service
We will provide the Service at locations ("Locations") that have agreed to
host a wireless access point system (the "System") provided by us and which
are operational. We do not screen or restrict access to any content placed
on or accessible through the Internet. We also do not screen or restrict
communications between parties via the Internet. You acknowledge that you
may receive or be exposed to content, goods or services which you consider
to be improper, inaccurate, misleading, defamatory, obscene or otherwise
offensive. You agree that we are not liable for any action or inaction with
respect to any such content accessible through the System.
The Service may be linked to other websites that are not under our control
and are not maintained by us. We are not responsible for the content of
those sites. We are providing these links to you only as a convenience, and
the inclusion of any link to such sites does not imply endorsement by us of
those sites.
4. Service Availability
Service is available to your HighSpeedAir only when it is within the
operating range of our System.
Actual service coverage, speeds, locations and quality may vary. Service is
subject to unavailability, including emergencies, third party service
failures, transmission, equipment or network problems or limitations,
interference, signal strength, and maintenance and repair, and may be
interrupted, refused, limited or curtailed. We are not responsible for data,
messages or pages lost, not delivered, delayed or misdirected because of
interruptions or performance issues with the Service or communications
services or networks (e.g., T-1 lines or the Internet). We may impose
credit, usage or Service limits, suspend Service, or block certain kinds of
usage in our sole discretion to protect users or our business.
Network speed is an estimate and is no indication of the speed at which your
Unit or the Service sends or receives data. Actual network speed will vary
based on Unit configuration, compression, network congestion and other
factors. The accuracy and timeliness of data received is not guaranteed;
delays or omissions may occur. We may, but do not have to, change or improve
the Service by, among other things, changing or upgrading the 802.11b and
802.11g standard.
5. Use of Service
Unless otherwise set forth by us in writing, you are receiving a single user
account solely for your use of the Service through one Unit per login
session. You agree not to resell or attempt to resell any aspect of the
Service, whether for profit or otherwise, share your IP address or ISP
Internet connection with anyone, access the Service simultaneously through
multiple units or to authorize any other individual or entity to use the
Service.
You agree that sharing the Service with another party breaches the Agreement
and may constitute fraud or theft, for which we reserve all rights and
remedies. You have no proprietary or ownership rights to a specific IP 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 Service, and it will vary. You shall
not program any other IP address into your Unit. You may not assign your
log-in name, password or IP address to any other person or Unit.
You agree that we 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 Service and software; investigate
activity that may be in violation of this Agreement; or to comply with law.
You agree not to use or attempt to use the Service, the HighspeedAir network
or website, or your Unit for any fraudulent, unlawful, harassing or abusive
purpose, or so as to damage or cause risk to our business, reputation,
employees, subscribers, 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, tortious, 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
Service or any HighspeedAir website or our 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 Service or any HighspeedAir network or website with any engine,
software, tool, agent, HighspeedAir 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 Service or any HighspeedAir website to send
altered, deceptive or false source-identifying information; l. Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Service or any HighspeedAir
website; m. Interfering or attempting to interfere with the access of any
user, host or network, including without limitation, sending a "virus" to
the Service or any HighspeedAir website, overloading, "flooding,"
"spamming," "crashing," or "mailbombing" the Service or any HighspeedAir
website; or n. Impersonating or misrepresenting your affiliation with any
person or entity.
If we suspect violations of any of the above, we may: a) institute legal
action, b) immediately, without prior notice to you terminate the Agreement
and the Service, c) terminate any other agreements between us and you and
the HighspeedAir service provided under those agreements, and d) cooperate
with law enforcement authorities in bringing legal proceedings against
violators. You agree to reasonably cooperate with us in investigating
suspected violations.
We reserve the right to install, manage and operate 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 these
T&Cs, including but not limited to any of the activities described in this
section five (5). 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 these T&Cs, including but not limited to those activities described in
this section five (5) and any other activities that may subject HighspeedAir
or its customers to liability. HighspeedAir disclaims any and all liability
for any failure on its part to prevent such materials or information from
being transmitted over the Service and/or into your Unit.
6. Your Responsibilities
You must (1) provide accurate and complete registration information, (2)
provide all equipment (including computer hardware and software, personal
digital assistants, wireless network cards, etc.) to connect to the System,
(3) protect the password, username and security information you use to
access the Services and notify Licensor immediately of any unauthorized use
of your account, and (4) comply with local, state, federal and international
laws and regulations, including but not limited to copyright and
intellectual property rights laws.
You agree to be responsible for and to bear all risk and consequences for
(1) the accuracy, completeness, reliability and/or usefulness of any content
available through the System and (2) all communications via the System. We
do not undertake the security of any data you send through the System and it
is your responsibility to secure such data.
7. Payment and Term
You shall pay all fees charged to your credit card ("Card") for the Services
based upon the Rate Plan you select, plus any applicable taxes and other
fees imposed as a result of this Agreement. Charges may include, without
limitation, monthly recurring charges for Service and, if applicable,
roaming charges, excess usage charges, and additional features or services
you have or use.
You understand that Service connection (and billing) starts at the time you
log on to the Service and does not end until you properly log off and the
network terminates the connection. Some devices, such as personal data
assistants and other handheld electronics, may require you to remove your
wireless card and turn off your device in order to properly terminate your
connection. You should do so to ensure your connection is terminated.
8. User Sessions, Billing Periods and Billing Conventions
(a) If you purchase Hourly Access, the Agreement and the following apply to
you.
When purchasing Hourly Access, you are responsible for paying all charges
for using the Service.
An Hourly Access session may only be used within the first 60 continuous
minutes immediately after initial login. If you are still connected to the
network at the end of the sixty-minute period, you will be automatically
logged out. Logging in to the HighspeedAir network anytime after the end of
the sixty (60) minute period will result in your purchasing and being
charged for an additional Hourly Access session.
YOUR USE OF THE SERVICE AT ANY TIME AFTER THE EXPIRATION OF YOUR INITIAL
SIXTY (60) MINUTE PERIOD CONSTITUTES YOUR AGREEMENT TO PURCHASE AND PAY FOR
ADDITIONAL HOURLY ACCESS SESSIONS. IF YOU DO NOT WISH TO PURCHASE ADDITIONAL
HOURLY ACCESS SESSIONS, YOU SHOULD NOT LOG IN TO THE HIGHSPEEDAIR NETWORK
ONCE YOUR INITIAL SIXTY MINUTE SESSION HAS EXPIRED AND YOU SHOULD TERMINATE
YOUR ACCOUNT AS DESCRIBED IN SECTION NINE (9).
The Service you purchase in the form of Hourly Access is non-cancelable and
will expire within a certain time period. The expiration period and other
details concerning Hourly Access will be disclosed in the Rate Plan
Information you receive at the time of your purchase of your original hour
of access. If you have any questions about Hourly Access, please contact
Customer Care. You will not receive a monthly invoice or activity record for
use of Daily Access. Hourly Access is non-refundable account balances become
our property upon expiration or termination of the Service purchased, and
will not be refunded.
(b) If you purchase Daily Access, the Agreement and the following apply to
you.
When purchasing Daily Access, you are responsible for prepaying all charges
for using the Service.
Daily Access may only be used within the first 24 continuous hours
immediately after initial login. If you are still connected to the network
at the end of the twenty-four (24) hour period, you will be automatically
logged out. Logging in to the HighspeedAir network anytime after the end of
the twenty-four (24) hour period will result in your purchasing and being
charged for an additional Daily Access session. Logging in to the
HighspeedAir network anytime after the end of the twenty-four (24) hour
period will result in your purchasing and being charged for an additional
Daily Access session.
IF YOU DO NOT WISH TO PURCHASE ADDITIONAL DAILY ACCESS SESSIONS, YOU SHOULD
NOT LOG IN TO THE HIGHSPEEDAIR NETWORK ONCE YOUR INITIAL TWENTY-FOUR (24)
HOUR SESSION HAS EXPIRED AND YOU SHOULD TERMINATE YOUR ACCOUNT AS DESCRIBED
IN SECTION NINE (9).
The Service you purchase in the form of Daily Access is non-cancelable and
will expire within a certain time period. The expiration period and other
details concerning Daily Access will be disclosed in the Rate Plan
Information you receive at the time of your purchase of Daily Access. If you
have any questions about Daily Access, please contact Customer Care. You
will not receive a monthly invoice or activity record for use of Daily
Access. Daily Access is non-refundable account balances become our property
upon expiration or termination of the Service purchased, and will not be
refunded.
(c) If you purchase a 30 day pass, the Agreement and the following apply to
you.
When purchasing a 30 day pass, you are responsible for prepaying all charges
for using the Service.
The Service you purchase in the form of a 30 day pass is non-cancelable and
will expire within a certain time period. If you have any questions about
your 30 day pass, please contact Customer Care at www.HighspeedAir.net .
You will not receive a monthly invoice or activity record for use of our 30
day pass. A 30 day pass non-refundable account balances become our property
upon expiration or termination of the Service purchased, and will not be
refunded.
9. Notice of Defect
If you experience a problem accessing or using the Services, report the
problem by submitting an inquiry to us at www.HighSpeedAir.net within seven
(7) days of the date on which the problem occurred. After seven days, any
complaints regarding a problem are deemed waived. We make no guarantee and
make no representation that the System will be available during the hours
posted at every System location. Credits and refunds will not be issued for
reasons of temporary unavailability of the System at a particular location.
12. Modifications
We may, at our sole discretion, modify the terms and conditions of this
Agreement including its Rate Plans. Such modifications shall be binding and
effective upon posting on the HighspeedAir web site
(http://www.HighspeedAir.net). You agree to periodically review the web site
to maintain awareness of any modifications. By continuing to use the System
after such postings, you accept and agree to any and all such modifications.
13. Indemnification
You shall defend, indemnify and hold us, any underlying carrier or network
provider (including any carrier or network provider from which any roaming
services are provided or made available to you as part of the Service), our
corporate affiliates and their respective officers, directors, stockholders,
employees, agents, successors and assigns harmless from and against, and
shall promptly reimburse them for, any and all losses, claims, damages,
settlements, costs, and liabilities of any nature whatsoever (including
reasonable attorneys' fees and expert witnesses' fees) to which any of them
may become subject arising out of, based upon, as a result of, or in any way
connected with, your use of the System or any breach of this Agreement and
those incurred in establishing the applicability of this section.
14. Disclaimer of Warranties.
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. 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 PACKAGING, MANUALS OR OTHER
DOCUMENTS, OR BY ANY OF OUR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR OFFICERS, ,
EMPLOYEES, AGENTS, , SUPPLIERS, OR AFFILIATES WARRANT THAT THE INFORMATION,
PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE
UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR
ERROR FREE
15. Limitation of Liability
OUR LIABILITY TO YOU UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY
LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY
INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY
CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE FEE PAID BY YOU TO US.
16. Privacy and Security.
Public wireless Internet access providers such as HighspeedAir do not
provide WEP or WPA encryption of Internet traffic to and from your computer.
Privacy cannot be guaranteed, and we are not liable to you or any other
party for any lack of privacy you experience while using the Service. We
have the right, but not the obligation to monitor, intercept and disclose
any transmissions over or using our facilities, and to provide subscriber
billing, account, or use records, and related information under certain
circumstances (for example, in response to lawful process, orders,
subpoenas, or warrants, or to protect our rights, users or property). Please
consult the HighspeedAir Privacy Policy posted on our website for additional
information on the use and disclosure of information. You acknowledge that
the Service is not inherently secure and that wireless communications can be
intercepted by equipment and software designed for that purpose.
Notwithstanding efforts to enhance security with respect to the Service, we
cannot guarantee the effectiveness of these efforts and will not be liable
to you or any other party for any lack of security that may result from your
use of the Service or Unit. You acknowledge that you are responsible for
taking such precautions and providing such security measures best suited for
your situation and intended use of the Service. We strongly encourage and
support certain customer-provided security solutions, such as virtual
private networks, encryption and personal firewalls, but do not provide
these to our users and are not responsible for their effectiveness. Please
consult the HighspeedAir Security Statement posted on our website for
additional information concerning the security of the Service and steps you
can take to enhance security while using the Service on our network. You
agree to protect your username and password and you are responsible for any
usage of your account. You agree to immediately notify us of any
unauthorized use of your account or other security breach. If you are
roaming on another network, HighspeedAir cannot guarantee the security of
such network, the privacy of your data or the ability of your solution to
work on such network. You are strongly encouraged to review the user
policies applicable to any such roaming network, including those related to
security and privacy, before commencing a roaming session.
17. Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you and us with
respect to the subject matter hereof. This Agreement shall be construed
under the laws of the United States and the State of Ohio as applicable
without giving effect to the principles of conflicts of law thereof.