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Terms of Service

 

AirFiber™ Internet Service (“AirFiber™”) agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

How Do I Accept This Agreement?
You accept this agreement by:
Agreeing in writing, by email, over the phone, or in person;
Opening a package that says you are accepting by opening it; or Using your Service.

 

Warranty Disclaimer

 

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
AirFiber™ exercises no control whatsoever over the content of the information passing through AirFiber™’s system. Use of any information obtained via AirFiber™ is at User’s risk. Neither AirFiber™ nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does AirFiber™ make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY AirFiber™, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER AirFiber™ NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL AirFiber™, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT AirFiber™ IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, AirFiber™ LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of AirFiber™ in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.

 

Indemnification

 

Not withstanding anything to the contrary herein contained, User agrees to indemnify and hold AirFiber™, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation) incurred or suffered by AirFiber™, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify AirFiber™ in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and AirFiber™ shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

 

Sexually Explicit Materials

 

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. The user accesses such materials at his or her own risk. AirFiber™ has no control over and accepts no responsibility whatsoever for such materials.

 

Prohibited Uses

 

The user may not:

Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful components;

Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or another proprietary right, or derivative works with respect thereto, without obtaining the permission of the copyright owner or right holder;

If notice has been received from a copyright holder or their representatives showing direct or indirect copyright violations under the DMCA the service will/can be disabled immediately and the customer will be responsible for the balance of any service term.

Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

Send unsolicited advertising or promotional materials to other network users (See the section titled “MESSAGING”);

Allow users to run Mail list, Listserv or any form of auto-responds from User’s account;

Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
Violate any of the rules, regulations, and policies of those networks and computer systems accessed via User’s account.

AirFiber™ has no obligation to monitor the Service. However, User agrees that AirFiber™ has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or another governmental request, to operate the Service properly, or to protect itself or its subscribers. AirFiber™ will not intentionally monitor or disclose any private E-mail message unless required by law. AirFiber™ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. AirFiber reserves the right to suspend access to the Service for User’s account. The account’s suspension may be rescinded within the sole and absolute discretion of AirFiber™ following payment of a reconnection charge, to be determined by AirFiber™ in its sole and absolute discretion.

 

Messaging

 

User agrees to limit their use of the AirFiber™ service, specifically regarding the use of AirFiber™’s electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers.  User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing.  User agrees that the purposeful distribution of any email message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. A user may not purposefully misrepresent the origination information of any email messages sent while using the AirFiber™ service.

 

Transmission of unsolicited email or promotional material.

 

Users of AirFiber™’s services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten dollar penalty for each email address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, AirFiber™ reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged AirFiber™’s brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by AirFiber™ associated with each violation.

 

Network Abuse

 

In order to provide the highest quality experience for all customers, AirFiber™ will suspend any account which it determines is abusing its network. Accounts suspended for violation of this section will be liable for the full access fee for the billing period in which the service was suspended and will not be eligible for any refund.

Any “denial of service” attack, any attempt to breach authentication or security measures, any intentional release of a virus or worm, or any unauthorized attempt to gain access to any other account, host or network is prohibited and will result in immediate service termination, which may be without notice.

 

Equipment Use

 

AirFiber retains ownership of all equipment, mounted inside and outside the home, used to bring internet service to the User. This includes any radio and antenna mounted on the Users residence. AirFiber™ will not be responsible for equipment that has been subject to the following:

A lightning strike or power surge.
Wind or hail damage
Physical abuse by User or anyone else
Theft or vandalism

The User will be financially responsible for all parts and labor (charged at $70.00/hr) for any equipment that has been subject to one of the above conditions. If asked, AirFiber™ will provide quotes for insurance purposes.

 

Quality of Service (“QoS”)

 

User understands that AirFiber™ reserves the right to utilize QoS algorithms to maximize network performance for all subscribers. User understands that QoS may hinder the performance of some internet applications such as, but not limited to: peer to peer applications, file sharing applications, online games.

 

No Server Applications

 

User understands that the use of “servers” running applications that serve content via, but not limited to HTTP, FTP, SMTP, POP3, Game Servers, and VPN are strictly prohibited. User understands that AirFiber™ reserves the right to periodically scan User’s connection for the presence of such “servers”. AirFiber™ reserves the right to filter and/or block ports that AirFiber finds to be in violation of this policy.

 

Data Rates

 

User understands that AirFiber™ is an unspecified bit-rate (“UBR”) service up to the advertised speed and that actual speeds may vary due to multiple conditions including, but not limited to: signal quality, network congestion, and QoS services. AirFiber™ reserves the right to cancel the User’s service in the event that User utilizes the service as if it were constant bit-rate (“CBR”) service. Use of the service by the User in such a way that it is considered CBR is considered abuse. In the event that AirFiber™ cancels User’s services for this reason any and all termination fees are the responsibility of the User.

 

Contract Term

 

AirFiber™ reserves the right to automatically switch the User’s access plan to match their current service offerings (as determined by plan pricing) when the service is renewed. User understands that this switch may increase or decrease the access speed. User understands that AirFiber will not switch the User to an access plan with a higher cost than the User’s access plan before the contract completion.

 

Pricing Changes

 

User understands that AirFiber™ reserves the right to change month to month pricing structures for any reason, including, but not limited to: increased bandwidth charges. AirFiber™ will provide the User with a notification of planned price changes no less than 30 days before the new pricing takes effect. Upon notification of a planned price change, User reserves the right to cancel their service at the end of their current contract period.

 

Termination Liability

 

The Termination Liability shall be :
1) The aggregate of the remaining monthly rates until the expiration of the one or two (1 or 2) year minimum term commitment for each wireless connection.

 

Termination Liability applies under the following conditions:

 

Cancels prior to the expiration of the one or two (1 or 2) year minimum term commitment.

The user fails to pay their account for 30 days.

 

Termination Liability will not apply if:

 

In the event that the customer opts to switch to a lower rated speed package the user may be responsible for termination charges at the time of the switch and the contract period for the customer will restart. In the event that the customer opts to switch to a higher rated speed package no termination charges will apply; however, the contract period for the customer will restart.

In the event that the contract is terminated early, for any reason (other than those stated above), the User is responsible for disconnection charges, waived installation fees, the monetary difference between normal and promotional hardware pricing, and the monetary difference between normal and promotional plan pricing for the length of the contract duration. All of the above charges are in addition to the termination fees outlined above number 1) . All equipment provided to the customer by AirFiber™ under any promotional hardware programs must be returned to AirFiber™ upon contract termination or the normal purchase price, at the time of inception, of the hardware will be charged to the customer.

 

General Service Terms

 

Single Household/Office Service

Accounts are for User’s and User’s family’s use only within a single household or a single office. Sharing User’s account with others outside of your household or office or connecting your service to a system used by multiple persons outside of your household or office is explicitly prohibited. Violation of those terms shall constitute theft of Service and may be prosecuted under the civil and criminal law.

 

Right to Cancel

 

AirFiber™ reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. AirFiber™ will not refund any activation or handling fees.
For services canceled with less than 30 days remaining on the current term AirFiber™ does not offer a refund. Cancellations will become effective on the last day of that month’s billing cycle. Cancellations must be made in writing 30 days before the effective cancellation date.

 

No Confidentiality

 

Information transmitted through AirFiber™ and through the Internet, in general, is not confidential. AirFiber™ cannot and shall not guarantee privacy or protection of any User. AirFiber™ reserves the right to monitor any User’s transmissions when deemed necessary for providing proper service and/or to protect the rights and property of AirFiber™.