This is a contract between you and WISPRENN. It spells out the terms and conditions which apply to your use of the Internet access services provided by WISPRENN for the service plan that you have selected.
In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by WISPRENN, its affiliates or partners (the "WISPRENN Sites") may be subject to additional terms, policies and rules contained within the WISPRENN Sites or otherwise made available to you.
By opening a WISPRENN Internet Services account under your name or by using the WISPRENN Internet Services you are agreeing to be legally bound by and abide by the terms of this Agreement. If you do not agree to be bound by this agreement, you may not subscribe for, access, or use the WISPRENN internet services or WISPRENN website and you must immediately terminate your wisprenn internet service account if you have one. .
Amendments to this Agreement
WISPRENN reserves the right to update or change this Agreement at any time. WISPRENN will use reasonable efforts to publish any changes on its Web Site at http://www.wisprenn.com, before any changes become effective. You are responsible for regularly reviewing the WISPRENN Internet Services Web Site to obtain notice of changes. If any change is unacceptable, you may cancel your WISPRENN Internet Services. If you do not cancel your service before the effective date of the amendment, you will be conclusively deemed to have accepted the changes.
You represent and warrant that you have reached 18 years of age and that you possess the legal right and ability to enter into this Agreement and use the WISPRENN Internet Services in accordance with this Agreement.
As the WISPRENN Internet Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account, including all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify WISPRENN of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to WISPRENN, as requested, to stop and/or remedy any breach of security.
You agree to provide true, current, accurate and complete customer information as prompted by WISPRENN and you agree to promptly notify WISPRENN, of any changes to this information as required to keep it current, complete and accurate.
Billing and Payment
You agree to pay all fees and charges incurred which relate to the provision and/or use of the WISPRENN Internet Services through your account, in accordance with the rates, terms and conditions established from time to time by WISPRENN that are applicable to the service plan which you have selected. Such rates, terms and conditions will be posted on the WISPRENN Internet Services Web Site or otherwise made available to you by WISPRENN.
Available billing and payment options may vary depending on your location and WISPRENN reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If payment is not received by WISPRENN by this due date,service will be terminated. If a pre-authorized bank (or other financial institution) account debit (a "Bank Account Debit"), where applicable, is returned unprocessed to WISPRENN, WISPRENN reserves the right to apply a returned payment fee of $25.00, plus applicable taxes, to your account.
Your right to use the WISPRENN Internet Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize WISPRENN or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and WISPRENN does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by WISPRENN.
You agree to pay all costs incurred by WISPRENN in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including without limitation, lawyers' fees.
Any failure of WISPRENN to provide you with a bill or statement does not affect your responsibility to pay any charges. Unless you notify WISPRENN of any errors in any billing within 10 days after they first appear on your bill or statement, they will be deemed accepted by you. Without limiting anything else in this Agreement, you agree to release WISPRENN from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to WISPRENN within 10 days of the publication date of the applicable bill or statement.
Wisprenn Internet Service is a prepaid, pay as you go, service. You must keep a positive balance on your WISPRENN account to continue using the service, or service will be interrupted. WISPRENN Internet Service expires within a certain time period and/or after the bandwidth limit has been reached as disclosed in the Terms of Service. Prior to expiration, you may extend the expiration period by purchasing additional WISPRENN Internet service. WISPRENN Internet Service is non-refundable, and no refunds or other compensation will be given for cancelled, terminated, or unused services.Â Unused bandwidth is not redeemable for cash. Unused bandwidth does not roll-over and cannot be applied towards previous or future billings. Applicable taxes and fees will be included in your WISPRENN billings.
The WISPRENN Internet Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations. Final confirmation of service availability for WISPRENN Internet Services high speed services cannot occur until the WISPRENN Internet Services high speed equipment is installed at your premises. If such equipment is installed by a WISPRENN installer, you hereby authorize the installer to disclose to WISPRENN the necessary information to confirm service availability for your premises.It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by WISPRENN as being necessary for access to the WISPRENN Internet Services. From time to time, the equipment, Terms of Service, and/or software required to access the WISPRENN Internet Services may change. Accordingly, your equipment and/or software may cease to be adequate to access the WISPRENN Internet Services. In such circumstances, your sole remedy is to terminate your WISPRENN Internet Services account.You are not permitted to operate an e-mail, web, news or other similar server through a WISPRENN Internet Services high speed service, except as specified by Wisprenn. Reverse engineering of the WISPRENN Internet Services high speed service is not permitted. WISPRENN does not guarantee that the WISPRENN Internet Services will operate with all equipment or software, including without limitation all Internet applications and appliances. WISPRENN reserves the right to refuse service to anyone.
Bandwidth Limitations - Fair Access Policy
The Service is for personal and non-commercial residential use only. Therefore, WISPRENN reserves the right to suspend or terminate accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. To provide the best possible experience for the most possible customers, and to minimize capacity issues and degradation in network performance, we manage Unlimited high-speed data usage through prioritization. Unlimited high-speed data customers who use more data than what 80% of customers use in a 24 hour period, based on recent historical averages (updated annually), will have their data usage de-prioritized compared to the data usage of other customers at times and at locations where there are competing customer demands for network resources, which may result in slower data speeds. Industrial plan usage data does not count towards Unlimited high-speed data. Industrial plan customers usage is exempt for this calculation. Based on network statistics for the most recent year, Unlimited high-speed data customers who use more than 80 percent of data of all customers during a single 24 hour period will be de-prioritized for the remainder of that 24 hour period at locations where there are competing customer demands for network resources. At the start of midnight each night the customers usage status is reset, and this data traffic is no longer de-prioritized. Industrial plan users are exempt from this policy.
All usage is subject to the Terms of Service and violation of the Terms of Service will result in suspension or termination of your account. Download usage is subject to the Terms of Service and network capacity. Download and Upload usage must not interfere with other customers ability to use the network. Use of the Service that is considered excessive use is a violation of the Terms of service and Fair Access Policy. Any transfer that is deemed excessive or malicious by WISPRENN will be slowed down or turned off. Wisprenn is not required to give notice before changing, slowing down, or turning off service connections. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (FTP), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by WISPRENN in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with WISPRENN's ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, WISPRENN may, in its sole discretion, suspend, terminate or bill your Service account or request that you subscribe to an advanced version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels. WISPRENN may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. WISPRENN's determination of the data consumption for Service accounts is final. WISPRENN reserves the right to alter speeds in order to maintain fair access to all users without notice. Advertised speeds are up to and are not guaranteed. WISPRENN reserves the right to refuse service. WISPRENN reserves the right to reclaim the receiver in the event of service termination, cancellation, or poor account standing. By using the WISPRENN service you understand that there is no refund for unused service, unused bandwidth or refund due to cancellation for any reason. There are no refunds for installation fees and set-up fees. In the event that WISPRENN is required to give a refund, all refunds will be given in USD cash value at time of original purchase.
General Practices and Limits.
You acknowledge that WISPRENN may establish general practices and limits concerning use of the WISPRENN Internet Services, including without limitation the maximum size of any e-mail message that may be sent from or received by a WISPRENN Internet Services account, the maximum disk space and network space that will be allotted on WISPRENN's servers on your behalf, the maximum amount of data that may be sent from or received by a WISPRENN Internet Services account and the maximum number of days that e-mail messages will be stored on WISPRENN's servers. Such general practices and limits shall be posted on the WISPRENN Internet Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the WISPRENN Internet Services and may be set at different levels for different users based upon factors that may be determined in WISPRENN's sole discretion. WISPRENN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that the WISPRENN will not be re-sold or shared beyond and is only for personal home or office use. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.
DISPUTE RESOLUTION WITH WISPRENN BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-760-269-4264.In the unlikely event that WISPRENN's customer service department is unable to resolve a complaint you may have to your satisfaction (or if WISPRENN has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, WISPRENN will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from WISPRENN to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), WISPRENN will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what WISPRENN has offered you to settle the dispute.
1. WISPRENN and you agree to arbitrate all disputes and claims between you and WISPRENN. This arbitration agreement does not include claims against , or claims against WISPRENN that are based in whole or in part on the Site. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to "WISPRENN", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service or Site under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies, can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WISPRENN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to WISPRENN should be addressed to: Office of WISPRENN, WISPRENN, 13581 John Glenn Road, Unit C, Apple Valley, CA 92308 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). If WISPRENN and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or WISPRENN may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WISPRENN or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WISPRENN is entitled.
3. After WISPRENN receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200, but is subject to change by the arbitration provider. If you are unable to pay this fee, WISPRENN will pay it directly upon receiving a written request at the Notice Address). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless WISPRENN and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, WISPRENN will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse WISPRENN for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of WISPRENN's last written settlement offer made before an arbitrator was selected, then WISPRENN will: pay you the greater of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If WISPRENN did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
5. The right to attorneys' fees and expenses discussed in paragraph (d) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws WISPRENN may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, WISPRENN agrees that it will not seek such an award.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WISPRENN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WISPRENN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7. Notwithstanding any provision in this Agreement to the contrary, we agree that if WISPRENN makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
High Speed Service Installation
Installation options available for WISPRENN Internet Services high speed service will depend upon the Customer Access Location. Not all installation options are available at all Customer Access Locations. Extra charges shall apply to all services not included in WISPRENN's standard installation options. You authorize WISPRENN, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the WISPRENN Internet Services. Access to your premises will be at a time that is mutually convenient for you and WISPRENN. The standard installation configuration for self-installation or WISPRENN installation only includes the installation of the high speed modem to 1 stand alone computer or non-networked server. If you wish to connect additional computers to the Internet you are responsible for installing and maintaining the necessary systems and their configurations.You agree to comply with the terms of the WISPRENN High Speed User Guide supplied by Wisprenn, where applicable. You must provide an adequate, standard household power outlet within 2.0 metres of the internal equipment location. You must provide a suitable location for the installation of the high speed equipment. The location must provide reasonable ventilation and protection from damage to, or theft or loss of, the equipment. Additional charges shall apply when it is necessary for WISPRENN to install special equipment or software or to incur an unusual expense to establish the WISPRENN Internet Services. All site visits will involve a minimum charge for moves, changes, rearrangements or re-installations, removals of a high speed service, unless otherwise specified by WISPRENN. In no event will WISPRENN be responsible or liable for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for the WISPRENN Internet Services is missed, either by WISPRENN or by any third party installer.
The high speed equipment Radio Equipment and Antenna and associated components are provided for your use as part of the WISPRENN Internet Services high speed service and are at all times owned by WISPRENN. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of the WISPRENN-owned high speed equipment.
Customer Equipment and Software
The WISPRENN Internet Services high speed service must be connected to a suitable PC at your premises. You must ensure that there is a suitable free slot available in your computer, or an available Ethernet card (integrated or expansion card) prior to arrival of the WISPRENN installer at your premises.You are required to show that your computer is functioning properly prior to WISPRENN doing any work on your computer (where applicable).You agree that WISPRENN is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the WISPRENN Internet Services or from other services provided at your premises. WISPRENN recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any WISPRENN Internet Services high speed equipment or software.The WISPRENN Internet Services high speed service may interrupt the functioning of some home or business systems which use cordless phone line(s). You agree that WISPRENN is not responsible for any such problems or interruptions.You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, WISPRENN is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including without limitation any equipment or software used in connection with the WISPRENN Internet Services.
Software Supplied by WISPRENN
You agree that any and all software and documentation that forms part of the WISPRENN Internet Services or that is supplied by WISPRENN, its agents or representatives for use in connection with the WISPRENN Internet Services (the "Software") is protected by applicable intellectual property laws, remains the sole property of WISPRENN or its suppliers and is supplied subject to the terms of this Agreement, including without limitation the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by WISPRENN. Unless otherwise authorized by WISPRENN or in the applicable Software license, you agree not to:
The WISPRENN Internet Services Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the WISPRENN Internet Web Site. Assistance is limited to your problems using the WISPRENN Internet Services and may exclude problems related to certain equipment and software, as specified by WISPRENN, in its discretion. WISPRENN cannot guarantee the resolution of any particular problem or WISPRENN Internet Services interruption.During the term of this Agreement, WISPRENN will provide on-site support (including, at WISPRENN's option, repair or replacement of equipment that is defective in material or workmanship) for all WISPRENN-owned equipment.
You acknowledge that the WISPRENN Internet Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the WISPRENN Internet Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. WISPRENN recommends that minors using the WISPRENN Internet Services be supervised by an adult.
Acceptable Use of the WISPRENN Internet Services
The WISPRENN Internet Services may be used only for lawful purposes. You agree that you will not:
If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 39 above, which involves your account, you agree to immediately notify WISPRENN and provide WISPRENN with assistance, as requested, to stop and/or remedy such violation.Without limiting any of WISPRENN's rights to suspend, restrict or terminate your WISPRENN Internet Services account as described elsewhere in this Agreement, WISPRENN may suspend, restrict or terminate your Wisprenn Internet Services account without notice if, in WISPRENN's sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 39 above. You acknowledge and agree that WISPRENN shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the WISPRENN Internet Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the WISPRENN Internet Services are owned by WISPRENN, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.WISPRENN does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to WISPRENN or any third party, using the WISPRENN Internet Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to WISPRENN or any third party, using WISPRENN Internet Services, you have thereby granted WISPRENN a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by WISPRENN to provide the WISPRENN Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.You acknowledge that, except where otherwise specified by WISPRENN, IP addresses and e-mail addresses assigned to you by WISPRENN during the term of this Agreement remain the property of WISPRENN at all times.You understand that the technical processing and transmission of the WISPRENN Internet Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the WISPRENN Internet Services may be subject to "caching" at intermediate locations on the Internet.
You acknowledge that WISPRENN has no obligation to censor or monitor use of the WISPRENN Internet Services by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the WISPRENN Internet Services or the Internet. However, you agree that WISPRENN has the right to, without notice, monitor use of the WISPRENN Internet Services and monitor, review and retain such content, material or information if WISPRENN believes in good faith that such activity is reasonably necessary to provide the WISPRENN Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.In the event that WISPRENN receives a complaint relating to use of the WISPRENN Internet Services by a customer, WISPRENN may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.You agree that WISPRENN may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a WISPRENN Internet Services account, if WISPRENN believes in good faith that such activity is reasonably necessary to provide the WISPRENN Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
WISPRENN reserves the right to change the WISPRENN Internet Services charges, service plan features, e-mail addresses, minimum equipment and software requirements and any other aspect of the WISPRENN Internet Services at any time, without notice or liability, at WISPRENN's sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your WISPRENN Internet Services account (see Section 57).
YOU ACKNOWLEDGE AND AGREE THAT: ALL USE OF THE WISPRENN INTERNET SERVICES IS AT YOUR OWN RISK;
THE WISPRENN INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; WISPRENN DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE WISPRENN INTERNET SERVICES; NEITHER WISPRENN NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, INCLUDING WITHOUT LIMITATION ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE WISPRENN INTERNET SERVICES, INCLUDING WITHOUT LIMITATION DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS; WISPRENN IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS; NEITHER WISPRENN NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF WISPRENN OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE WISPRENN INTERNET SERVICES, BY YOU OR ANY THIRD PARTY; AND WISPRENN IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE WISPRENN INTERNET SERVICES. WISPRENN MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WISPRENN INTERNET SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. WISPRENN EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE. THE WISPRENN WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE WISPRENN INTERNET SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY WISPRENN OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. WISPRENN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.
Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL WISPRENN, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "WISPRENN ENTITIES" AND EACH, A "WISPRENN ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE WISPRENN INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE WISPRENN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: THE PERFORMANCE OF THE INTERNET; THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE WISPRENN INTERNET SERVICES, INCLUDING WITHOUT LIMITATION MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE WISPRENN INTERNET SERVICES; DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WISPRENNS SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND INSTALLATION OR MAINTENANCE OF THE WISPRENN INTERNET SERVICES, BY YOU, WISPRENN OR THIRD PARTIES. CIRCUMSTANCES MAY ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE WISPRENN ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE WISPRENN ENTITIES FOR DAMAGES IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless each of the WISPRENN Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable WISPRENN Entity, which result from or relate to:
You may stop using the WISPRENN Internet Services at any time and terminate your account by:
contacting WISPRENN through the phone number identified on the WISPRENN Internet Services Web Site and requesting account termination; or sending an e-mail to WISPRENN at the address identified on the WISPRENN Internet Services Web Site, specifying the following:
your request for account termination;
your name and contact telephone number;
if a pre-authorized payment plan is used, the last 4 digits and expiry date of your credit card or the last 4 digits of your financial institution account number and the name of the financial institution used for billing; and your reason for terminating your account.WISPRENN will process your termination request effective: the date your request is received, if your Customer Access Location is in Apple Valley; or the next billing date following receipt of your request, if your Customer Access Location is in a province or territory other than Apple Valley. WISPRENN may, in its sole discretion, suspend, restrict or terminate your WISPRENN Internet Services account, effective at any time, without notice to you, for any reason, including without limitation because: the operation or efficiency of the WISPRENN Internet Services are impaired by the use of the WISPRENN Internet Services from your account;
any amount is past due from you to WISPRENN;
WISPRENN has received a third party complaint which relates to the use or misuse of the WISPRENN Internet Services from your account; or you have been or are in breach of any term or condition of this Agreement. Termination of your WISPRENN Internet Services account by you or WISPRENN automatically terminates this Agreement.In the event that your WISPRENN Internet Services account is suspended, restricted or terminated, additional reconnection charges may apply.WISPRENN shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is suspended, restricted or terminated, WISPRENN shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon suspension, restriction or termination of your account, all e-mail addresses related to your account may be immediately deleted and/or reassigned to other customers.Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.You agree to return any WISPRENN-owned high speed modems and associated components to a WISPRENN approved depot within 14 days of termination of a WISPRENN Internet Services high speed service account, unless otherwise directed by WISPRENN. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a $115.00 charge, plus applicable taxes. WISPRENN Internet Service is non-refundable, and no refunds or other compensation will be given for cancelled, terminated, or unused services.Â Unused bandwidth is not redeemable for cash. Unused bandwidth does not roll-over and cannot be applied towards previous or future billings. Applicable taxes and fees will be included in your WISPRENN billings.
If your Customer Access Location is within Apple Valley, the term "WISPRENN" in this Agreement means WISPRENN. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between WISPRENN and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between WISPRENN and you with respect to such matters. The failure of WISPRENN to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and WISPRENN nor trade practice shall act to modify any provision of this Agreement. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and WISPRENN, and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the Province of Apple Valley, California. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Apple Valley and the federal courts situated in the Province of Apple Valley in connection with any matter arising under this Agreement. Use of the WISPRENN Internet Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section, is prohibited. Any cause of action you may have with respect to this Agreement or the WISPRENN Internet Services must be commenced within 1 year after the claim or cause of action arose, or it shall be barred. All references to WISPRENN web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s). WISPRENN may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement. This Agreement will ensure to the benefit of and bind you and WISPRENN and our respective personal and legal representatives, successors and permitted assigns. All monetary amounts expressed in this Agreement are in American dollars, unless otherwise expressly stated. The rights, powers and remedies of WISPRENN in this Agreement, including without limitation the right to suspend, restrict or terminate any WISPRENN Internet Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to WISPRENN at law or in equity. The following provisions shall survive termination of this Agreement: Sections 6-10, 28, 33-34, 44, 46-48, 50-56, 60-78 and any other provisions that by their meaning are intended to survive termination of this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between WISPRENN and you as a result of this Agreement or use of the WISPRENN Internet Services. The section headings in this Agreement are for convenience only and have no legal or contractual effect.