PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS
AND CONDITIONS") CAREFULLY BEFORE REGISTERING FOR
AND USING THE INTERNET ACCESS SERVICE PROVIDED BY
iNYC Wireless, INC. ("iNYC Wireless").
General
iNYC Wireless provides Internet
access and other services (collectively, "Services")
to end-users ("Members") who pay a monthly service
fee. These Terms and Conditions set forth the terms
on which Members are authorized to use the Services.
You cannot become a Member of iNYC Wireless until
you have accepted these Terms and Conditions. These
Terms and Conditions contain the entire understanding
between Members and iNYC Wireless regarding the Services
and supercedes all previous representations and understandings.
iNYC Wireless
reserves the right to make changes to these Terms
and Conditions and the acceptable use policy that
they contain. Any changes may be made without notice,
but iNYC Wireless will attempt to notify Members
of material changes no less than 30 days in advance
by e-mail or U.S. mail. By accepting these Terms
and Conditions, you agree that iNYC Wireless may
make such changes. If you do not agree with any
changes that are made to these Terms and Conditions,
your only remedy will be to terminate your membership.
Accounts
and Security
Members
must be at least 18 years of age. Persons under 18
years of age may use iNYC Wireless, but only if the
Member account was registered by a parent or legal
guardian.
Each Member
is responsible for any and all activity associated
with his or her account and for supervising the
use of the account by others.
In those instances
where you are requested to select a username, you
may not select a username used by someone else,
and your username cannot be vulgar, or be used in
any way that violates other portions of these Terms
and Conditions. You agree not to reveal your passwords
to others.
Charges and Billing
Services
are provided to Members for a monthly fee based on
iNYC Wireless's current pricing schedule. You agree
to pay that fee in advance each month. iNYC Wireless
reserves the right to change its fees, billing methods,
specifications and service levels at any time. iNYC
Wireless will attempt to provide notice of any such
change at least 30 days in advance, but non-receipt
of any such notice by a Member shall not constitute
grounds for a claim that any of such changes are ineffective.
If you do not like any of such changes, you may terminate
your membership at any time, but iNYC Wireless will
not refund any remaining portion of the current monthly
fee and you will be responsible for all accrued charges
associated with your account.
Some Web sites
and content providers charge separate fees which
are not included in the cost of iNYC Wireless membership.
Any separate charges or obligations you may incur
in your dealings with these third parties are your
responsibility and are not part of the fee charged
for your iNYC Wireless membership.
iNYC Wireless
will charge your designated credit card for its
services every month, in advance. If you do not
have a credit card, you may, for an additional surcharge,
authorize iNYC Wireless to make electronic fund
transfers from your checking account. By selecting
this billing option and providing iNYC Wireless
with debit/checking account information, you authorize
iNYC Wireless to debit your checking account for
charges incurred in connection with your use of
Services. Every time you use iNYC Wireless, you
re-affirm that iNYC Wireless is authorized to charge
your credit card or withdraw funds via electronic
transfer from your checking account, depending on
which payment method you have selected.
If iNYC Wireless
does not receive the full amount due from you within
seven days of the date that it is due (as the result
of a credit card charge denial or for any other
reason), the lesser of an additional 1.5% of the
outstanding balance, or the highest percentage allowed
by law, may be added to your bill as a late charge
each month and will be due and payable immediately.
iNYC Wireless also reserves the right to suspend
your service for non-payment. In the event of a
credit card or electronic transfer denial, iNYC
Wireless will send an e-mail to so inform you. If
you have not made new payment arrangements with
iNYC Wireless within seven days of the sending of
such e-mail, your account may be suspended. You
will remain responsible for any outstanding balances
notwithstanding such suspension.
You agree
that if you have not brought billing problems or
discrepancies to iNYC Wireless's attention within
90 days after they first appear on your statement,
you will have waived your right to dispute such
problems or discrepancies. You are responsible and
liable for all costs including, but not limited
to, attorneys' and collection fees, that iNYC Wireless
may incur in its efforts to collect any outstanding
balances from you.
Network Access
iNYC Wireless's
Services must be accessed through special wireless
equipment in locations that have been configured for
wireless use. You agree that you will only use equipment
supplied or approved by iNYC Wireless to connect to
iNYC Wireless's network. iNYC Wireless reserves the
right to direct your browser to a home page or portal
of iNYC Wireless's selection.
Online Content
"Content"
means text, software, communications, images, sounds
and other information provided online. Except for
information, products or services clearly identified
as being supplied by iNYC Wireless or its affiliates,
iNYC Wireless does not pre-screen or control any information,
products or services on the Internet and is not responsible
for Content available on the Internet or created or
distributed by you or other Members or persons using
Members' accounts.
Screening
software, filtering services or similar products
or services intended to assist parents in limiting
access to certain Content may be made available
by iNYC Wireless or third parties from time to time.
While such products and services are designed to
assist parents in protecting minors, iNYC Wireless
makes no guarantee as to their effectiveness. All
protection products and services provided by iNYC
Wireless are provided "AS IS." iNYC Wireless MAKES
NO WARRANTIES OR OTHER REPRESENTATIONS, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR
A PARTICULAR PURPOSE OR USE OF SUCH PRODUCTS.
Acceptable Use
While using
the Services, you may not: (i) interfere with any
other Member's use of the Services; (ii) transmit
or make available any Content that is unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic,
or otherwise objectionable, including without limitation
any transmissions or Content 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; (iii)
knowingly transmit any information or software which
contains a virus or other harmful component; (iv)
transmit, make available as Content 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 owner of
such information, software or other material and without
the payment by iNYC Wireless of any third party licensing
or other fees; (v) transmit, make available as Content
or distribute in any way information, software or
other material obtained through the Service which
is protected by copyright, or other proprietary right,
or derivative works with respect thereto, without
obtaining permission of the copyright owner or right
holder; (vi) "hack" or enter or attempt to gain access
to or affect the functioning of any computer or portion
of a computer without proper authorization; (vii)
impersonate any person; or (viii) supply any inaccurate
credit card or other information in connection with
purchases on the Internet. You may not use the Services
for the purposes of "spamming" or similar practices,
including, but not limited to: (i) sending unsolicited
bulk or "junk" e-mail for commercial or other solicitation
purposes; or (ii) sending chain letters or e-mail
in support of pyramid schemes. You may not use the
Services to harvest or collect information, including
usernames and e-mail addresses, to be used for such
purposes.
In addition
to other remedies available at law or equity, iNYC
Wireless may, immediately and without notice, suspend
your access to the Service or terminate your account
if iNYC Wireless, in its sole discretion, determines
that your conduct or activities constitute an unacceptable
use of the Service. Specifically, for example, iNYC
Wireless may terminate your account for single or
repeated violations of prohibitions on copyright
infringement. If your account is terminated because
of gross misconduct, iNYC Wireless may make its
actions publicly known and you hereby release iNYC
Wireless from all claims associated with any such
public announcements.
Disclaimers
YOU UNDERSTAND
THAT THE SERVICES AND CONNECTIONS TO THE SERVICES
WILL NOT BE ENTIRELY SECURE AND THAT COMMUNICATIONS
OVER THE SERVICES AND THE INTERNET MAY BE SUBJECT
TO INTERCEPTION OR LOSS. YOU EXPRESSLY AGREE THAT
THE USE OF THE SERVICES AND THE INTERNET IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. IF YOU REQUEST iNYC
Wireless TO INSTALL A NETWORK INTERFACE CARD OR OTHER
EQUIPMENT IN OR CONNECTED TO YOUR COMPUTER, iNYC Wireless
SHALL HAVE NO LIABILITY ARISING OUT OF DAMAGE TO YOUR
COMPUTER ON ACCOUNT OF SUCH INSTALLATION OR THE FAILURE
OF YOUR COMPUTER TO FUNCTION PROPERLY THEREAFTER.
SERVICE PROVIDED BY iNYC Wireless MAY BE INTERRUPTED
FROM TIME TO TIME ON ACCOUNT OF SYSTEM MAINTENANCE
OR FOR OTHER REASONS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, NEITHER iNYC Wireless NOR ITS AFFILIATES NOR
ITS TELECOMMUNICATIONS PROVIDERS NOR THE OWNERS, OPERATORS
OR MANAGERS OF THE BUILDING WHERE YOU RECEIVE THE
SERVICES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION
BY iNYC Wireless OF EQUIPMENT IN OR CONNECTED TO YOUR
COMPUTER, THE USE OF OR INABILITY TO USE YOUR COMPUTER
OR THE SERVICES, USE OF OR INABILITY TO ACCESS THE
INTERNET OR ANY PART THEREOF THROUGH THE SERVICES,
OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON THE INTERNET OR THROUGH USE
OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, LOSS OF DATA, ERRORS, DEFECTS, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
OR THAT RESULT FROM THE INTERCEPTION OF DATA OR THE
UNAUTHORIZED ENTRY INTO OR USE OF YOUR COMPUTER EQUIPMENT,
EVEN IF iNYC Wireless, ITS AFFILIATES OR ITS TELECOMMUNICATIONS
PROVIDERS, OR THE OWNERS, OPERATORS OR MANAGERS OF
THE BUILDING WHERE YOU RECEIVE THE SERVICES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT (INCLUDING IN THOSE JURISDICTIONS THAT DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES), THE ENTIRE LIABILITY
OF iNYC Wireless, ITS AFFILIATES AND ITS TELECOMMUNICATIONS
PROVIDERS, AND THE OWNERS, OPERATORS AND MANAGERS
OF THE BUILDING WHERE YOU RECEIVE THE SERVICES AND
YOUR EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS
SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO iNYC Wireless
TO USE THE SERVICES DURING THE IMMEDIATELY PRIOR TWELVE
MONTH PERIOD.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SERVICES AND THE INTERNET THROUGH THE SERVICES.
NEITHER iNYC Wireless NOR ITS AFFILIATES NOR ITS
TELECOMMUNICATIONS PROVIDERS NOR THE OWNERS, OPERATORS
OR MANAGERS OF THE BUILDING WHERE YOU RECEIVE THE
SERVICES MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES
OR ANY SOFTWARE OR EQUIPMENT SUPPLIED BY iNYC Wireless,
ITS AFFILIATES OR ITS TELECOMMUNICATIONS PROVIDERS
(INCLUDING, BUT NOT LIMITED TO, VIRUS CHECKING AND
FIREWALL TECHNOLOGY), OR ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICES OR ON THE
INTERNET, AND THEY SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED ON THE INTERNET. YOU UNDERSTAND FURTHER
THAT THE INTERNET CONTAINS MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR OFFENSIVE AND ARE UNSUITABLE
FOR MINORS. YOU AND PERSONS YOU ALLOW TO USE YOUR
ACCOUNT ACCESS SUCH MATERIALS AT YOUR OWN RISK.
NEITHER iNYC Wireless NOR ITS AFFILIATES NOR ITS
TELECOMMUNICATIONS PROVIDERS NOR THE OWNERS, OPERATORS
OR MANAGERS OF THE BUILDING WHERE YOU RECEIVE THE
SERVICES HAVE ANY CONTROL OVER OR ACCEPT ANY RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
Indemnification
You agree
to defend, indemnify and hold iNYC Wireless and its
affiliates, contractors and telecommunications providers,
and the officers, directors, employees and agents
of each of them harmless from any and all liabilities,
costs and expenses, including reasonable attorneys'
fees, related to any violation of these Terms and
Conditions by you or users of your account, or in
connection with the use of the Services or the Internet
or the transmission of any message, information, software
or other materials using the Services or the Internet
by you or users of your account.
Termination
You may
terminate your membership at any time. You agree that
such termination is your sole right and remedy with
respect to any dispute with iNYC Wireless. This includes,
but is not limited to, any dispute related to or arising
out of: (i) any portion of these Terms and Conditions
or iNYC Wireless's enforcement or application of these
Terms and Conditions; (ii) any policy or practice
of iNYC Wireless or iNYC Wireless's enforcement or
application of those policies; (iii) the Content available
through iNYC Wireless; (iv) your ability to access
or use the Internet through iNYC Wireless; or (v)
the amount or type of fees or other charges of iNYC
Wireless.
You may terminate
your membership by delivering notice to iNYC Wireless's
Member Service Department by U.S. mail at 166 State St, Suite 19, Brooklyn, NY 11201 e-mail at
info@iNYCWireless.com. Termination will take
effect within 72 hours of receipt of your request.
In addition
to the other grounds for termination contained in
these Terms and Conditions, iNYC Wireless may terminate
your account on 30 days prior notice delivered to
you by U.S. mail or e-mail.
You are responsible
for any charges incurred prior to the termination
of your account.
If any
part of these Terms and Conditions is held invalid
or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain
in full force and effect. iNYC Wireless's failure
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.
Neither the course of conduct between the parties
nor trade practice shall act to modify any provision
of these Terms and Conditions.
The laws of
the State of New York, excluding its conflicts of
law rules, govern these Terms and Conditions and
your membership. As noted above, Member conduct
may be subject to other local, state, national and
international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with iNYC
Wireless or relating in any way to your membership
or your use of iNYC Wireless resides in the courts
of New York State and you further agree and expressly
consent to the exercise of personal jurisdiction
in the courts of New York State in connection with
any such dispute including any claim involving iNYC
Wireless or its affiliates, contractors, telecommunications
providers, employees, officers, directors or Content
providers.
You agree
to abide by U.S. and other applicable export control
laws and not to transfer, by electronic transmission
or otherwise, any content or software subject to
restrictions under such laws to a national destination
prohibited under such laws, without first obtaining,
and then complying with, any requisite government
authorization. You further agree not to upload to
iNYC Wireless any data or software that cannot be
exported without prior written government authorization,
including, but not limited to, certain types of
encryption software. This assurance and commitment
shall survive termination of your account. Control
laws currently prohibit the export of any browser
with 128-bit encryption, including Microsoft Internet
Explorer.
Any
litigation with respect to these Terms and Conditions
must be commenced by you within one year after the
claim or cause of action arises or such claim or
cause of action is barred.
