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:
Shirley Eis, Director
Spot On Networks LLC
55 Church Street, New Haven, CT 06510