| Wireless Internet Terms, Conditions, and Notices |
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The Wireless Internet service and this website are offered to you by
Slingshot Communications Inc. and its licensors
(collectively "we" or "us"),
conditioned on your acceptance without modification of the terms, conditions, and notices contained
herein and in the other legal pages (collectively, "Agreement").
Your enabling of and/or use of this service constitutes your agreement to all such terms, conditions,
and notices.
Note that you must specifically enable Wireless access on the "PIN and configure enhanced services" page,
which is available through the My Account
page.
The quick overview in layman's terms:
- Wireless locations may be temporarily unavailable, added or deleted without notice.
- Wireless communications are inherently not secure so take precautions.
- We bill by the minute and round up to the next minute; rates may vary by wireless location.
- Protect your Access Code and PIN.
- Use at your own risk.
Now the fine print:
- The Wireless Internet service ("Service") can be used to
access the Internet wirelessly at designated locations,
which may change from time to time and without notice.
- Wireless Internet rates may vary by location.
Locations and rates are available at here.
- Safeguard your Access Code and PIN. You are responsible for any
loss, theft or unauthorized use.
- We make no warranty, express or implied, regarding
the condition(s) or fitness of the service(s) offered for any
particular use or purpose. As permitted by law, our liability
shall be limited to direct damages for any personal
or property injury, and for all other claims to an amount equal
to the charge for the affected service(s). IN NO EVENT WILL
WE, OUR EMPLOYEES, AGENTS OR ANY COOPERATING SERVICE
PROVIDER(S) BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT,
RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- Disclaimer of Warranties.
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE.
WE DO NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR AGENTS,
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND.
NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS,
SUBSIDIARIES OR AFFILIATES ("OUR AFFILIATES") WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES,
AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE,
ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
Some states do not allow the disclaimer of implied warranties,
so the above exclusion may not apply to you, in whole or in part.
- Limitation of Liability.
We shall not be liable for any deficiency in performance caused
in whole or in part by the act or omission of an underlying carrier or service provider,
dealer, equipment or facility failure, network problems, interference,
lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism,
riot, emergency, government actions or any other cause beyond our control.
EVEN IF WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES,
THEY WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES
FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION:
PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES;
PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION
OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS
OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES,
THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE
TRANSMITTED TO OR RECEIVED BY YOUR COMPUTER, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS
OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES
OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
Some states do not allow the exclusion or limitation of incidental or consequential damages,
or other modification sof or limitations to certain remedies,
so the above exclusion may not apply to you, in whole or in part.
THE MAXIMUM AGGREGATE LIABILITY OF US AND ANY OF OUR AFFILIATES TO YOU,
AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES,
INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE,
SHALL BE TO RECOVER THE PRORATED MONTHLY OR OTHER CHARGES TO YOU FOR THE APPLICABLE SERVICE.
THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE
OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY THIRD PARTY NETWORK PROVIDER FROM WHICH
ROAMING SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU AS PART OF THE SERVICE.
- Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or
network provider (including any carrier or network provider from which roaming services are provided
or made available to you as part of the Service), and any of our Affiliates harmless
from and against any and all claims, demands, actions, liabilities, costs or damages arising out of
your use of the Service or your violation of the Agreement.
You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising
from any actions or claims hereunder and those incurred in establishing
the applicability of this section.
- Privacy and Security.
Wireless systems use radio channels to transmit voice and data communications over a complex network.
Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy
you experience while using the Service. We have the right, but not the obligation to monitor, intercept
and disclose any transmissions over or using our facilities, and to provide subscriber billing, account,
or use records, and related information under certain circumstances (for example,
in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).
Please consult our Privacy Policy posted on our website for additional information on the use
and disclosure of information. You acknowledge that the Service is not inherently secure
and that wireless communications can be intercepted by equipment and software designed for that purpose.
Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee
the effectiveness of these efforts and will not be liable to you or any other party for any lack of security
that may result from your use of the Service. You acknowledge that you are responsible for
taking such precautions and providing such security measures best suited for your situation
and intended use of the Service.
We strongly encourage and support certain customer-provided security solutions,
such as virtual private networks, encryption and personal firewalls, but do not provide these to our users
and are not responsible for their effectiveness.
If you are roaming on another network, we cannot guarantee the security of such network,
the privacy of your data or the ability of your solution to work on such network.
You are strongly encouraged to review the user policies applicable to any such roaming network,
including those related to security and privacy, before commencing a roaming session.
- You and Licensor agree that the exclusive remedy for all
disputes arising out of purchase or use of this service
is pursuant to the terms of the general Slingshot agreement.
- Access Code and/or PIN may be suspended or terminated without notice if
we have reason to suspect fraudulent use.
Wireless Internet usage is billed in 1-minute increments;
partial minutes used are charged as full minutes.
- Complaints not resolved to your satisfaction may be directed
to the appropriate state regulatory agency in the state where product was purchased.
- Severability.
All terms and provisions of this Agreement are independent of each other.
If any term or provision of Agreement is held to be inapplicable or unenforceable, then:
(a) such term or provision shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force and effect,
(b) the Agreement will not fail its essential purpose and (c) the balance of the terms
and provisions shall remain unaffected and in full force and effect, unless our obligations
hereunder are materially impaired, in which event we reserve the right to terminate the Agreement.
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Wireless Internet. On Your Terms.™ |
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