Hotspot Terms and Conditions
READ CAREFULLY. THESE TERMS AND CONDITIONS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.
- General. The Skynet Broadband Hotspot Internet service is an Internet access service provided by Cyberdyne Networks, Inc. (\"Your Service Provider\") which provides you with access to the Internet via a limited number of wireless access points (each a \"Hotspot\") utilizing the 802.11b protocol (the \"Service\"). These \"Terms and Conditions\" between Your Service Provider and you sets out duties and responsibilities associated with providing you with the Service through a designated account (the \"Account\"). You are solely responsible for all access to and use of the Service through your Account including any breach of these Terms and Conditions by you or any user of your Account. For the purposes of these Terms and Conditions, \"you\" means you and every person you authorize to use the Service. By accessing the Service, you agree to the terms and conditions contained in these Terms and Conditions. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. Your Service Provider may modify these Terms and Conditions at any time without your consent or authorization, including modification of prices or modification or termination of the Service, or any components thereof. Your Service Provider will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions the \"Login\" or \"Registration\" page that is presented to you when you first access the Service from a \"Hotspot\". You agree to periodically review the then-current Terms and Conditions in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.
- Indemnity. You agree to indemnify and hold Your Service Provider, its affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your Account, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to Your Service Provider\'s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.
- Fees and Charges. The Service is provided in accordance with the fees identified to you upon placing your order for the Service, or as otherwise identified to you by Your Service Provider from time to time. Rates and fees do not include applicable taxes. Fees are non-refundable under any circumstances. You agree to pay all such fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of the Service in accordance with the rates and terms established by Your Service Provider for the Service. Your Service Provider reserves the right to alter its fees and rates, as outlined in Section 1 of these Terms and Conditions. You have the option to pay for the Service by credit card or any other means presented when registering for the service. You will be billed in advance for the Service.
- Service Availability. The Service is only available where Hotspot facilities exist. These locations can be identified by the Coverage map provided at the location. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of Hotspots.
- Performance Levels. Transmission speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself as well as the geographic environment in which a Hotspot may be deployed. As such Your Service Provider does not guarantee the maximum Service performance (throughput speeds. You understand that any content that you may access through the Service may be subject to \"caching\" at intermediate locations on the Internet.
- Security and Privacy. Your Service Provider will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your Service. Your Service Provider cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Your Service Provider, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your 802.11b-compatible device is possible without being physically connected to your device, therefore, it is strongly recommended (and it is your responsibility to) ensure that the configuration of your computer is secure. In order to work with the widest variety of 802.11b devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).
- Service Bandwidth Resale or Redistribution Prohibited. Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of your Account, at Your Service Provider\'s discretion.
- IP Address / Host Name. Any IP address assigned to you by Your Service Provider is the property of Your Service Provider at all times. IP addresses may change each time you access at Hotspot, or any time at the discretion of Your Service Provider without prior notice to you. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.
- User Information. Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Your Service Provider has no obligation to monitor the Service. However, you agree that Your Service Provider reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.
- No Liability for Content. Be aware that some content, products or services (\"Content\") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that neither Your Service Provider nor any of its affiliates attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to \"caching\" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Your Service Provider and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
- You Can Best Control the Risk and Therefore Are Responsible. The rates and fees charged by Your Service Provider reflect the allocation of risk herein and the limited recourse to Your Service Provider provided for in these Terms and Conditions. Your Service Provider will not assume any responsibility for your acts or omissions or those of any individual who uses your Account, including without limitation responsibility for any charges you incur when making purchases or conducting other transactions with the Service. As between Your Service Provider and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of your account.
- Limited Warranty. The Service is provided by Your Service Provider on an \"as is\" and \"as available\" without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Your Service Provider (\"Third Party Equipment and Services\"). Your Service Provider disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither Your Service Provider, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. Further, neither Your Service Provider nor its affiliates warrant that any data or files sent by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to \"caching\" at intermediate locations on the Internet when being accessed through the Service. YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
- Limitation of Liability. In the event of any breach by Your Service Provider, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Your Service Provider payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to Your Service Provider during the last three months immediately preceding the relevant breach. Other than the foregoing remedy, under no circumstances shall Your Service Provider, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
- Termination and Account Suspension. These Terms and Conditions may be terminated by you upon notice to Your Service Provider. Your Service Provider may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including the Service, at any time if: (i) the operations or efficiency of the Service is impaired by the use of your Account or the Service; (ii) you have breached of any term or condition of these Terms and Conditions. Your Service Provider shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of these Terms and Conditions shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.
- Miscellaneous. These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between Your Service Provider and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by your Service Provider to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington and the federal laws of the United States applicable therein. Your Service Provider may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall Your Service Provider be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of Your Service Provider, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.