Queensbridge Connected Acceptable Use
Any use of Spot On Networks, LLC (“SON”) broadband services to include wireless Internet access and voice over IP, (“Services”) by you (sometimes herein referred to as “Subscriber”) is subject to this Acceptable Use Policy (“AUP”). In addition to, and not in lieu of, this AUP, you are subject to the terms, conditions and provisions of the applicable Service Level Agreement between SON and Subscriber (as amended and renewed from time to time, the “Service Level Agreement”), the Wireless Internet Policy (as amended and renewed from time to time, the “Wireless Internet Policy”), and the Terms and Conditions of the Services (as amended and in effect from time to time, the “Terms and Conditions”) located at http://www.spotonnetworks.com. SON may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing by you in connection with the Services. SON reserves the right to suspend or terminate an account for any actual or threatened violation of this AUP, the Terms and Conditions, the Wireless Internet Policy and/or the Service Level Agreement, or take other action as deemed appropriate by SON in its sole discretion. SON assumes and expects you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that must be avoided.
The following constitute violations of this AUP:
- Illegal use. Using the Services to transmit any material by any manner that violates any applicable law, or any rules or regulations promulgated thereunder, or any treaty or tariff (including transmitting obscene materials, intentionally spreading computer viruses, gaining unauthorized access to private networks, engaging in the transmission of pirated software, conducting or participating in illegal gambling, and soliciting for illegal pyramid schemes through email or USENET postings.
- Tortious conduct. Using the Services: (a) to violate rules, regulations and policies applicable to any networks, server, computer database, website or ISP to which you gain access through the Services; (b) in any manner that is defamatory, fraudulent, indecent, offensive or deceptive; (c) to damage the name or reputation of SON, its affiliates or its subsidiaries; or (d) to create or attempt to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of SON, its affiliates or its subsidiaries.
- Network disruptions; Harmful activities. Using the Services for any activity (whether illegal or not) which adversely affects the ability of other people or systems to use SON Services or the Internet as determined by SON in its sole discretion, or using the Services for any activity (whether illegal or not) which SON determines in its sole discretion to be harmful to its subscribers, operations, reputation, goodwill or customer relations. This includes “denial of service” (DoS) attacks against another network host or individual user, running programs designed to defeat network inactivity timeouts, maintaining an open SMTP relay. You may not operate a file-sharing system (such as BitTorrent, GNUtella, Limewire or similar applications) on the Spot On wireless system. You also may not operate any kind of a server (web, file, chat, etc.) on our wireless network system. Any such software on your computer must be disabled before joining the network. Users found to be in violation of this policy will be suspended and possibly terminated from the Spot On wireless Network. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Subscriber’s responsibility to ensure that their computer is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their computer for illegal or inappropriate actions.
- Facilitating violation. Advertising, transmitting, or otherwise making available any software, program, product or service that is designed to violate or facilitate a violation of this AUP, the Service Level Agreement, the Wireless Internet Policy or the Terms and Conditions (including spamming, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software).
- Unsolicited bulk or commercial email. Using the Services to: (a) transmit – or facilitate the transmission of – any unsolicited commercial or bulk email; (b) “mail bomb” (sending mass unsolicited mail or deliberately sending very large attachments to one recipient); (c) “spamming” or sending large numbers of unsolicited commercial email messages or unsolicited bulk email to advertise, offer, sell or buy any goods or services, for any business or individual; or (d) sending the same or substantially similar unsolicited email messages, whether commercial or not, to fifty (50) or more recipients. SON has the discretion to determine, whether the intended recipients were from an “opt-in” email listing of the sender. If these provisions are violated, you may be required, as determined by SON in SON’s sole discretion, to pay SON $50 per day of unintended violations and $500 per day for deliberate violations.
- Email Attachments. Using the Services to send unreasonably large email attachments.
- Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
- Threats. Using the Services to transmit any material by any manner that threatens or encourages bodily harm or destruction of property.
- Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous emailers or nicknames does not constitute impersonation.
- Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of SON’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Intellectual property right infringement. Using the Services to transmit, publish, submit, copy, reproduce, steal, infringe on or distribute any information, software or other material (by email, uploading, posting, or otherwise) that is protected by copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, unless you own or control the rights thereto or have received all necessary consents to do the same.
- Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the services. Reselling the Services without SON’s written authorization.
- Export control. Using the Services to export encryption software over the Internet or otherwise to points outside the United States.
SON reserves the right to revise, amend, or modify this AUP at any time.
SON will not, as an ordinary practice, proactively monitor the activities of those who use the Services to ensure compliance with this AUP and/or the law. However, SON may from time to time perform routine surveillance of its network in connection with the maintenance of the Services during which SON may discover violations of this AUP, and SON may act upon information obtained during such surveillance.
If SON is alerted to violations or potential violations of this AUP, SON will take whatever measures that it deems necessary to stop or prevent those violations, including the actions described in this AUP, the Terms and Conditions, the Wireless Internet Policy and the Service Level Agreement. You must make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the Services.
FAILURE TO OBSERVE THE GUIDELINES SET FORTH IN THIS AUP, THE SERVICE LEVEL AGREEMENT, THE WIRELESS INTERNET POLICY AND/OR THE TERMS AND CONDITIONS CAN RESULT IN ANYTHING FROM A WARNING TO A SUSPENSION OF PRIVILEGES OR TERMINATION OF YOUR SERVICES. Decisions of SON are final in connection with any such violations. SON may refer potential violations of laws to proper authorities. SON assumes no obligation to inform a user of its Services that such user’s information has been provided and, in some cases, may be prohibited by law from giving such notice.
Any party seeking to report a violation of this AUP may contact SON at firstname.lastname@example.org.
Any party seeking to send SON a Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act of 1998 must send such notification to SON’s designated Copyright Agent at email@example.com.
QUEENSBRIDGE NORTH AND QUEENSBRIDGE SOUTH BROADBAND
Provided by: Spot On Networks, LLC
The words “we,” “us” and “our” refer to Spot On Networks, LLC (“Spot On”) and any affiliate or successor company, but DO NOT refer to the City of New York or New York City Housing Authority (“NYCHA”). The words “you” and “yours” refer to the users of our service, connected with any Wi-Fi capable device. “Service” means the Wi-Fi service that Spot On provides the residents of Queensbridge North and Queensbridge South Houses.
INFORMATION WE MAY COLLECT FROM YOU
When You Register:
When you register, we will collect certain information to provide you access to the Service. This will include:
- a user name, which you create
- your home address
- your email address
- a password, which you create
If you do not log in to our service for over twelve (12) months, we will erase the information you gave us when you registered from our system.
When You Use the Internet
We also collect information that is delivered by your computer, smartphone, or other device. This technical information is collected to the extent necessary to provide the service to you in a seamless user-friendly manner, to ensure that the service is functioning correctly, and in the other ways we explain in this policy. This can include:
- your “MAC address” or “IP address,” which are numbers or other symbols that identify that it is you (or your computer) that is using the system
- the maker of your computer or other device (for example, Apple or Samsung)
- the browser you use (for example, Chrome, Internet Explorer or Safari)
- information about your use of the internet
We do not routinely keep records about your use of the internet, including your browsing history, except for:
- information needed to provide you good service when you are using the internet, which we only keep for up to twenty-four (24) hours, and
- information that allows us to know when you logged on and off the internet, including your MAC address, which we keep indefinitely.
Information You Give Us
If you send us an email, fill out a form, or call us, we will retain the information you give us so we can respond to you. We will only use and share this information in the ways we describe in this policy.
Some of the information we collect will be personal, such as your name, home address or email address you give us when you register. This personally identifiable information will be treated differently from other information. We will encrypt personally identifiable information we collect and maintain. Encrypting information means converting it into a coded format we can decode. Encryption makes it difficult for a person who wrongfully obtains the information to read it.
Other Kinds of Private Information
We will not ask you for other kinds of personal information, like credit card numbers. Please do not provide this information to us.
We do not collect information about your exact location when you use the internet. We will collect location information in the aggregate to ensure that we can continue to handle capacity and meet performance standards. We share no information about you or that identifies you, individually, unless required by law.
We may email you occasionally about the Service. If you do not want us to, you can simply click on “unsubscribe” on one of those emails. (If you unsubscribe we will only send emails to you to help you use the service – like an email to help you reset your password.)
SECURING YOUR INFORMATION
We encrypt our Wi-Fi connections, so if you have a device that works with encrypted Wi-Fi your information will have this protection. To see if your device works with encrypted Wi-Fi, please review your device’s specifications.
You select your own password. Please keep it to yourself and do not share it with anyone (except with us when you use it to log on).
We try to keep your information safe, including using privacy technology, training our employees to be careful with your information, and other protections.
As hard as we try, there is no way for the services to be 100% secure. We cannot guarantee all the information we have will be protected. Any information you send through our Service is at your own risk.
If you find out about a privacy or security problem, please contact Spot On at [phone number and email address to be added] and we will work with you to address it.
WHAT HAPPENS IF OUR SECURITY IS COMPROMISED?
You have a right to know if your information has been compromised in a way that puts you at risk. If an unauthorized person gains access to your information we will notify you as soon as possible unless we determine that no harm is reasonably likely to occur from the unauthorized disclosure.
We do not intentionally collect information from anyone under 18. If you are under 18, ask a parent or adult guardian for permission before sending any personal information over the internet.
LINKS TO THIRD PARTY SITES
You are likely to use the internet to go to websites we do not run. When you do, they will have their own privacy policies. We cannot control how those websites may use your information, even if you give it to them while using our Wi-Fi service.
HOW WE SHARE YOUR INFORMATION
We will never give or sell your information to other people or companies for any purpose other than a subpoena from a jurisdictional authority.
We may share your information with people and companies we work with if we need their help in providing this Service. These people and companies will only use your information to help serve you. They will not sell it or give it away to others.
If Spot On is acquired by another company, or the contract between Spot-On and the City of New York is assigned to another company, we will advise you and you can opt out of the service.
HOW WE SHARE YOUR INFORMATION WITH THE CITY OF NEW YORK
The services are provided to you by Spot On and are paid for by the City of New York through its Department of Information Technology and Telecommunications. We will not provide information to the City of New York about you or your individual use of the system, except as required by law. We may provide anonymized technical information to the City of New York, such as statistics on usage.
REQUESTS FOR YOUR INFORMATION BY GOVERNMENT AGENCIES
A government agency, including law enforcement agencies or civil litigants could request information about our users or access to see what a particular user is doing on the internet. If we receive a request like this, we will not provide the information unless we are served with a court order or a subpoena. If we receive a court order or a subpoena, we may be legally required to give them the information.
If that happens, we will try to advise you by email at the time we receive the request, unless we cannot do so for technical reasons or are prohibited by law.
By registering for this service and affirmatively checking the box, you acknowledge that you have read and accept this policy. If you do not accept this policy, you may not use the Service. If you have questions or requests, please contact us at firstname.lastname@example.org or 877-768-6687.
Queensbridge Connected Service Agreement
This must be agreed to before any Spot On Networks service is provided.
Service Level Agreement
This Agreement is made by and between Spot On Networks, LLC (“SON”), and Subscriber defined below. SON provides network wireless, wired broadband, and other services (“the Services”) set forth hereunder on the terms and conditions contained herein and in any exhibits or attachments hereto. Subscriber and any person using any services provided by SON hereunder accepts the terms and conditions contained in this agreement (this “Agreement”) and agrees to be bound as follows:
1. DEFINITIONS: (a) “Subscriber” shall mean an individual, a corporation or other legal person who incurs charges for the Services for its own use or who incurs such charges on behalf of a third party, i.e., Users. (b) “User” shall mean a Subscriber who uses the Services or an individual, a corporation or other legal person whose charges for Services are incurred by a third party, i.e., Subscriber.
2. SERVICE: SON will provide Subscriber and its Users access to the Services subject to conditions generally beyond the control of SON, including, without limitation, the type and condition of the equipment (personal computer, modem, etc.) of Subscriber and/or its Users. (a) NETWORK AVAILABILITY: SON guarantees that the Service will be available 99.9% as calculated on a calendar month basis. Service may be temporarily unavailable or curtailed due to planned equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of the Services. Notification of planned outages will be provided to affected Subscribers and Users. Planned outages are not included in the network availability calculation. If SON does not achieve the guaranteed network availability level as calculated for a calendar month, SON will credit the User for each cumulative reported hour of unavailability one day (3.3%) of the monthly charge for the affected month. (b) NETWORK LATENCY: SON guarantees that the maximum network latency, calculated as the average round trip transmission delay is 150 milliseconds. Network latency measurements are derived from NTP requests sent between routers located within regional network hubs. If SON does not achieve the guaranteed network latency level as calculated for a calendar month, SON will credit the User 10% of the monthly charge for the affected month.
3. PRICE: Subscriber shall pay for services as agreed to in the subscription agreement with SON.
4. PAYMENT: Subscriber shall be billed on a monthly basis. Payment is due within fifteen (15) days of invoicing, and payment shall be deemed to have been made when received by SON.
5. CREDIT: There shall be no credits, reductions, or setoffs against the charges for the Services unless a disruption of the Services exceeds the thresholds set forth in Section 2 hereof. Users must apply in writing to receive credits. Credits provided by SON shall not be cumulative for any single failure.
6. LIMITATION OF LIABILITY: For purposes of this Section 6, the term “SON” shall include subcontractors of SON. SON shall not be liable for interruptions caused by failure of equipment or services not provided by SON, failure of communications, power outages, atmospheric conditions or other interruptions not within the reasonable control of SON, except to the extent that SON acts in a commercially unreasonable manner, or performance deficiencies caused by or contributed to by Subscriber, or any of its Users and/or their equipment or network. SON shall not be liable for any claim by or against Subscriber or any of its Users arising out of or related to (i) alteration, theft or destruction of any computer programs, information, data files, procedures or other property of Subscriber or any of its Users; (ii) any losses or damages Subscriber or any of its Users may suffer in connection with the use or inability to use the Services; or (iii) any data, materials or other information transmitted to or received by Subscriber or any of its Users, or the intended recipient of Subscriber or any of its Users that are lost or improperly intercepted via the Internet. SON shall not be liable if changes in operation, procedures, or services require modification or alteration of the equipment or network of Subscriber or any of its Users, which renders the same obsolete or otherwise adversely affects its performance. SON shall not be liable for any claim arising from any content accessed by, or in connection with the Services. SON shall not be liable for any incidental, special, consequential, or punitive damages including, without limitation, loss of profits, loss of business or business opportunity, loss of use, etc. SON’s sole liability for actual proven damages for any cause whatsoever, including, without limitation, any failure of or disruption of the Services, regardless of the form of action, whether in contract or in tort or otherwise, shall be limited to an amount equivalent to charges payable by Subscriber under this Agreement for the Services during the period such damages occur. SON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR STATEMENT MADE BY SON OR ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY SPECIFICATIONS, DESCRIPTIONS OR STATEMENTS PROVIDED OR MADE BY SON TO SUBSCRIBER, ANY END-USER OR ANY SERVICE USER SHALL BE BINDING UPON SON AS A WARRANTY OR OTHERWISE. SON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONTENT, QUALITY OR ACCURACY OF THE INFORMATION PASSING THROUGH THE SERVICE. USE OF ANY INFORMATION OBTAINED ON OR THROUGH THE SERVICE IS AT THE RISK OF SUBSCRIBER, ANY END-USER AND ANY SERVICE USER OR THE RISK OF THEIR RESPECTIVE AFFILIATES. SON SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF ANY INFORMATION OBTAINED ON OR THROUGH THE SERVICE.
7. INDEMNITY: Subscriber and its Users shall indemnify and hold harmless SON and its directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any loss, cost, claim, liability, damages, or expenses (including, without limitation, reasonable attorney’s fees and disbursements) relating to or arising out of any claim by any third party in connection with the use of the Services by Subscriber, any of its Users, or any of their personnel, whether or not Subscriber or such User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortious behavior. Further, Subscriber and its Users shall indemnify and hold harmless the Indemnified Parties, together with such other parties from whom SON obtains network services, from any claims resulting from the use of the Services by Subscriber or its Users that damage another party or that violate applicable law.
8. DEFAULT: Upon a default hereunder by Subscriber or any of its Users, SON may, in its sole discretion, with prior notification to Subscriber, but not necessarily to any User, and without limiting its remedies or incurring any liability to Subscriber or any User, either temporarily discontinue or permanently terminate the furnishing of the Services to Subscriber or any User, as applicable. For the purposes of this Agreement, a “default” shall be the failure of Subscriber or a User, as the case may be, to comply with any term of this Agreement, including without limitation, failure to comply with the Acceptable Use Policy, Terms and Conditions and Wireless Internet Policy. In the event the equipment or network of Subscriber or any of its Users is used with the Services provided by SON in violation of any of the provisions herein, SON will notify Subscriber and the relevant Users and take such action as is necessary for the protection of the Services for use by its other customers. Subscriber and each User agree to discontinue such use of the equipment or correct the violation immediately and shall confirm in writing to SON within five (5) days that such use has ceased or that the violation has been corrected, and failure by Subscriber or such User to take such steps shall result in the disconnection by SON of Subscriber’s or such User’s Services, without any credit allowance, until such time as Subscriber or such User complies with the provisions hereof. SON reserves the right to charge a reconnection fee for any discontinued Service that is subsequently reconnected.
9. EQUIPMENT: Subscriber and each of its Users shall be responsible for the proper operation and maintenance of their own equipment.
10. RESOLUTION OF DISPUTES: (a) The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of relating to this Agreement or its breach. (b) At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. All negotiations conducted before or during mediation, all statements made during mediation sessions, all documents prepared specifically for mediation sessions, and all statements and decisions by the mediator shall be kept confidential and shall be treated as compromise and settlement negotiations and shall be inadmissible as evidence for any purpose in any subsequent proceeding. (c) If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be determined by mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in New Haven, CT. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. (d) Each party shall bear its own costs in connection with attempts to resolve any dispute up through and including arbitration. The parties shall equally split the fees of mediation, the mediator, arbitration and the arbitrator.
11. MISCELLANEOUS: This agreement shall be governed by, construed under, and enforced in accordance with, the laws (other than the conflict of laws rules) of The State of Connecticut. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. This Agreement is subject to modifications by any authorized regulatory agency. SON may assign this Agreement without limitation, but Subscriber may not assign this Agreement without SON’s prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.
Queensbridge Connected Terms & Conditions
By utilizing the services (the “Services”) provided by Spot On Networks, LLC (“SON”), you (sometimes referred to herein as “Subscriber”) have agreed to subscribe to one or more broadband services provided by SON, and SON has agreed to provide you these services and to grant to you a non-exclusive license to use the appropriate software and any hardware provided by SON as part of the service(s), for the term of your agreement. Use of SON’s broadband services and any software or hardware furnished to Subscriber by SON is provided subject to the following Terms and Conditions. PRIOR TO YOUR USE AND SUBSCRIPTION TO THE SERVICES, YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS. YOUR SUBSCRIPTION FOR, AND USE OF, THE SERVICES REPRESENTS YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, AND IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT SUBSCRIBE FOR, OR USE, THE SERVICES. SON reserves the right to amend these Terms and Conditions at any time, and you can review the most current version of these Terms and Conditions at http://www.spotonnetworks.com. YOU ARE SOLELY RESPONSIBLE FOR THE PERIODIC REVIEW OF THESE TERMS AND CONDITIONS FOR ANY CHANGES. Your continued subscription to, and use of, the Services following any changes to these Terms and Conditions constitutes your acceptance to any such changed or updated provisions. In addition to, and not in lieu of, these Terms and Conditions, the Subscriber is subject to the terms, conditions and provisions of the applicable Service Level Agreement (SLA) between SON and Subscriber (as amended and renewed from time to time, the “Service Level Agreement”), the Acceptable Use Policy (AUP) of SON (as amended and in effect from time to time, the “Acceptable Use Policy”) and the Wireless Internet Policy (WIP) of SON (as amended and renewed from time to time, the “Wireless Internet Policy”) located at http://www.spotonnetworks.com.
- If you are a VoIP customer of Spot On Networks or use your Smartphone over the Spot On Wi-Fi network, in addition to being an Internet customer, the Terms and Conditions of your Internet service, including the limitation of liability, shall also apply to you and your service.
- The utilization of any data or information received by Subscriber from the utilization of the Services to be provided by SON is at Subscriber’s sole and absolute risk. SON specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the Services to be provided hereby. Subscriber understands and agrees that: (a) SON’s provision of the Services is subject to the availability and operational limitations of the requisite equipment and associated facilities; (b) temporary interruptions of the Services may occur in connection with the normal use of the Services, and SON will not be liable for such interruptions (subject to any network availability obligations of SON set forth in the Service Level Agreement); (c) SON has no control over third party networks that Subscriber may access in the course of Subscriber’s use of the Services, and, therefore, SON has no control over any delays, interruptions and disruptions of other network transmissions; and (d) subject to any network availability obligations of SON set forth in the Service Level Agreement, SON reserves the right to modify or discontinue (temporarily or permanently), at any time and from time to time any function or feature of the Services with or without notice, and SON shall not be liable to Subscriber or any third party for any such modification, suspension or discontinuance.
- Subscriber acknowledges and agrees that all information, documents, products and software (the “Materials”) provided with the Services (a) were provided by or to SON by their respective manufacturers, authors, developers, licensees and vendors (the “Third Party Providers”), (b) are copyrighted works of SON and/or such Third Party Providers, (c) except as provided herein in connection with the use of the Services by the Subscriber, may not be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written consent of SON or the applicable Third Party Provider, and (c) may not be mirrored on any other server without the prior express written consent of SON. Nothing provided with the Services shall be construed as conferring any license under any intellectual property rights of SON or any Third Party Provider. ANY UNAUTHORIZED USE BY SUBSCRIBER OF ANY MATERIALS PROVIDED WITH OR THROUGH THE SERVICES MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY LAWS, PUBLICITY LAWS AND COMMUNICATIONS REGULATIONS AND STATUTES FOR WHICH SUBSCRIBER SHALL BE SOLELY RESPONSIBLE. Materials provided by Third Party Providers have not been independently authenticated in whole or in part by SON, and SON does not provide, sell, license or lease any such Materials other than those specifically identified as being provided by SON.
- All information that Subscriber provides to SON must be accurate, including Subscriber’s name, address, credit card numbers (and expiration dates thereof) and any other payment information. Subscriber is responsible for promptly providing SON with any changes to any such personal information in order to maintain the accuracy of such. Subscriber is solely responsible for maintaining the confidentiality of Subscriber’s log-in ID and password with the Services, and is solely responsible for any liability or damages resulting from Subscriber’s failure to maintain such confidentiality. Subscriber is solely and fully responsible and liable for all activities through the Services which occur under Subscriber’s log-in ID. Subscriber shall immediately notify SON if Subscriber suspects that any breach of security has occurred such as loss, theft, or unauthorized disclosure or use of Subscriber’s log-in ID or password.
- The Services may be linked to other websites which are not under the control of and are not maintained by SON, and SON is not responsible for the content of such websites. SON is providing such links only as a convenience, and the inclusion of any link to any such website shall not imply endorsement of such website by SON.
- Any software that is available to download with the Services (the “Software”) is the copyrighted works of SON and/or Third Party Providers and shall be governed by these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy, and the Service Level Agreement. The End User may use, access, display, run, or otherwise interact with one copy of the Software, on a single computer. Copies of the Software may be made for safety or archival purposes only, and these Terms and Conditions shall apply also to such copies. Without SON’s prior written consent, the Subscriber is not entitled to use or copy, or in any way transfer or use, the Software in any manner except in connection with Subscriber’s use of the Services pursuant to these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy, and the Service Level Agreement. Subscriber is not entitled to create, reverse engineer, decompile or disassemble the Software, or information, or material connected to the Software. Markings or information regarding patent, copyright, or copyright notices on or in the Software or computer media through which the Software is accessible to the Subscriber, or on or in any documentation provided by SON, may not be removed, changed, or modified by Subscriber in any way. Subscriber is not entitled to grant any sublicense, lease or lend, or permit any third party to use, access, modify or dispose of, the Software (whether directly or indirectly, and whether with compensation or free of charge). Subscriber shall ensure that all computers on which the Software is installed are free from viruses, worms, trojan horses and other malicious code.
- SON MAKES NO, AND HEREBY DISCLAIMS, WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICES, MATERIALS, SOFTWARE OR HARDWARE IT IS PROVIDING, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SON MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICES. SON WILL NOT BE RESPONSIBLE FOR ANY DAMAGES SUBSCRIBER SUFFERS. THIS LIMITATION INCLUDES LOSS OF DATA RESULTING FROM DELAYS OR SERVICE INTERRUPTIONS, WHETHER DUE TO GENERAL MAINTENANCE OF THE NETWORK OR CAUSED BY SUBSCRIBER OR DUE TO SON’S NEGLIGENCE, ERRORS OR OMISSIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY SUBSCRIBER. THE SERVICES, MATERIALS, SOFTWARE, HARDWARE AND ANY DOCUMENTATION PROVIDED BY SON TO SUBSCRIBER ARE PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND ARE FOR PERSONAL USE ONLY. NO EMPLOYEE, REPRESENTATIVE OR AGENT OF SON HAS ANY AUTHORITY TO BIND SON TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY. SON’S SOLE OBLIGATION IN CASE OF A BREACH OF THE SERVICE LEVEL AGREEMENT SHALL BE THE CREDITS PROVIDED IN THE SERVICE LEVEL AGREEMENT. THE FOREGOING STATES SON’S ENTIRE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY UNDER THE SERVICE LEVEL AGREEMENT, THESE TERMS AND CONDITIONS, THE WIRELESS INTERNET POLICY, AND THE ACCEPTABLE USE POLICY. UNDER NO CIRCUMSTANCES SHALL SON HAVE ANY LIABILITY TO THE SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST GOODWILL, LOSS OF INVESTMENT, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST USE OR OTHER LOSSES.
- Unless otherwise explicitly stated, any information, documents, software or other materials provided by Subscriber in connection with the Services shall be deemed to be provided on a non-proprietary and non-confidential basis. SON shall have no obligation of any kind with respect to such information or other materials. Subscriber acknowledges and agrees that Subscriber is responsible for any such submitted information or other materials, including the legality, reliability, appropriateness, originality and copyrights associated therewith.
- SON controls and operates the Services from various locations in the United States of America (as identified and updated from time to time on its website located at www.spotonnetworks.com), and makes no representation that the Materials or the Services are appropriate or available for use in other locations. If Subscriber uses the Services or the Materials from other locations, Subscriber is solely responsible for compliance with applicable local laws including without limitation the export and import regulations of other nations. Subscriber acknowledges and agrees that the Materials are subject to U.S. Export Administration Laws and Regulations, and diversion of such Materials contrary to U.S. law is prohibited. Subscriber agrees that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or other nationals (as listed in the U.S. Export Regulations, as such list may change and be in effect from time to time), nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. government. The list of embargoed or other nationals is subject to change without further notice from SON, and Subscriber must comply with the list as it exists in fact. Subscriber hereby certifies that Subscriber is not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists of the U.S. Department of Treasury’s Specially Designated Nationals List. Subscriber agrees to strictly comply with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.
- Use of SON’s services are subject to compliance with SON’s Acceptable Use Policy, Service Level Agreement and Wireless Internet Policy. Any access to other networks connected to SON’s network must comply with the rules for that other network.
- The Services may include inaccuracies or typographical errors.
- SON assumes no liability for use of its service by a minor.
- You will be billed monthly on your credit card for the upcoming month of service. State and federal taxes and surcharges may apply. No refunds will be given for partial months already charged to credit cards.
- All equipment not purchased from SON, but supplied by SON (such as a signal booster, telephone device, router, modem, access point, etc.) for use with any of its broadband services remains the property of SON. Upon termination or expiration of this contract for service, all such equipment must be returned to SON. Should you fail to return equipment within 30 days of discontinuation, SON reserves the right to charge you the replacement cost for said equipment on the credit card of record.
- Use of SON’s network constitutes acceptance of these Terms and Conditions and an agreement to pay for use of the services as outlined herein.
- SON, or its authorized agents, shall make all repairs and modifications of SON’s facilities. Subscriber agrees not to disturb, tamper with, destroy in any way, reroute or in any way interfere with any component of SON services. As the subscriber you are financially responsible for equipment replacement required as a result of gross negligence or willful misconduct by yourself or willful act of negligence misconduct of your guests or agents. Subscriber agrees to repay SON any and all damages if any, plus reasonable costs and attorney’s fees incurred by SON in enforcing this provision.
- SON is not responsible for problems with the operation of computers and other equipment not owned by SON. In the event that SON’s repair service is requested for problems which, in SON’s judgment, relate to equipment not owned or installed by SON, a service charge will be imposed for visit. This repair is provided to the subscriber at the subscriber’s own risk. SON assumes no liability for any configuration problem, lost data or other computer related issues resulting form such repair service by SON or its agent.
- In case of termination or expiration of the Services, the Subscriber shall immediately return to SON the Software and all copies, parts, and documents related thereto. In connection therewith, the Subscriber shall confirm in writing that it has fully complied with this obligation.
- These Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy, and the Service Level Agreement shall be governed by, construed under and in accordance with the laws of the State of Connecticut (other than conflict of laws rules). Any dispute in connection with these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy or the Service Level Agreement or the Services shall be in accordance with the dispute resolution procedures of the Service Level Agreement.
- In the event that any provision of these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy or the Service Level Agreement shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy or the Service Level Agreement, and these Terms and Conditions, the Acceptable Use Policy, the Wireless Internet Policy and the Service Level Agreement shall continue in full force and effect and be construed as if they did not contain such invalid or unenforceable provision.
- “Spot-On Networks”, the “Spot-On Networks” logo, and all SON-based trademarks, logos, graphics, brands and symbols are trademarks or registered trademarks of SON.
- Notices and demands made pursuant to Section 512(c) of the Digital Millennium Copyright Act should be submitted to: Richard Sherwin 55 Church Street Suite 200 New Haven, CT 06510