ForePoint Networks High-Speed Wireless Internet Service (the "Service") is an Internet access service provided by ForePoint Networks, Inc. and/or its subsidiaries or affiliates (collectively "ForePoint Networks"), subject to the terms and conditions of these ForePoint Networks Internet Service Terms of Use ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Subscriber") and ForePoint Networks with respect to the Service.
FOREPOINT NETWORKS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE 30 DAYS FROM POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR CONTACT INFORMATION IS KEPT UP-TO-DATE IN YOUR ACCOUNT. YOU WILL BE BOUND TO THE REVISED AGREEMENT REGARDLESS OF WHETHER OR NOT YOU RECEIVE A NOTIFICATION FROM US.
This Agreement takes effect on the date on which you access or use the Service and continues until your Service subscription is terminated either by you or by ForePoint Networks.
Table of Contents:
- Essentials of Your Subscription
- Service Usage
- Charges and Billing
- Operation
- Posting to the Service
- Links To Third Party Sites
- Installation/Equipment
- Disclaimers/Limitation Of Liability.
- Indemnification
- Notices; Consent
- General
1. Essentials of Your Subscription
1.1 You represent and warrant that you are at least 18 years of age and that you posses the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You may terminate your Service subscription at any time, with or without cause, upon notice to ForePoint Networks as specified in the Service Help and Support area online or call Customer Service; provided that you are responsible for all charges that accrue prior to termination of your account. You agree that all users on your plan live within your apartment unit. If you are participating in any trial period offer, you must terminate your subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges. ForePoint Networks may terminate or suspend your Service subscription at any time, with or without cause, with or without notice. Your Service subscription is personal to you. You agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement.
1.2 You acknowledge that you are aware that some areas of the Service and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Service account.
1.3 You acknowledge and agree that the party being billed for your Service subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the subscriber account and all associated accounts at any time, make changes to your subscriber account information and associated accounts and to request and receive usage information related to such accounts.
1.4 You acknowledge and agree not to copy, reproduce or distribute any ForePoint Networks client software such as the ACM (ForePoint Networks Connection Manager). ForePoint Networks reserves the right to terminate your service if found in violation.
2. Service Usage
2.1 As a condition of your use of the Service, you warrant to ForePoint Networks that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. The Service is provided to individuals and for personal use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of these transmissions through the Service.
2.2 You agree not to do any of the following while being connected to the Service:
Use the Service or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise). Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond. Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service. Use simultaneous, unattended, or continuous connections to the Service with one account without a subscription permitting such use (if available). Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the service. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information. Advertise or offer to sell or buy any goods or services for any non-personal purpose. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of Service members, or any other user or usage information or any portion of any of them. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you have the legal right to do so.
Interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks.
Use the Service for high volume data transfers, including transfers of more than 20 megabytes during a session. Attempt to gain unauthorized access to the Service, other Service accounts, or computer systems or networks connected to the Service, through password mining, hacking or by any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.
Interfere with another member's use and enjoyment of the Service.
View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
Violate any posted guidelines or codes relating to the use of the Service.
Without limiting any of ForePoint Networks rights to terminate your Service subscription as described elsewhere in this Agreement, ForePoint Networks may, without notice, terminate or suspend your Service subscription including all associated accounts for violation of any of the foregoing rules by any party utilizing your subscriber account or any associated account.
2.3 ForePoint Networks has no obligation to monitor anyone's use of the Service or to retain the content of any user session. However, ForePoint Networks reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in ForePoint Networks possession, however obtained, about or related to you, your use of the Service or otherwise as ForePoint Networks deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.
2.4 When using the Service you are subject to all the rules specified by the services and Web sites you visit. This includes other ForePoint Networks-branded services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that ForePoint Networks may take appropriate action just as if you had violated this Agreement.
2.5 You must promptly notify ForePoint Networks if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Service user name or password.
2.6 ForePoint Networks strictly prohibits the use of wireless transceivers, operating in the 2 GHz and 5 GHZ frequencies, in its coverage area.
3. Charges and Billing
3.1 Current prices for use of Service are posted on ForePoint Networks public website. You agree to pay all charges for your use of the Service at the prices then in effect for your particular service plan including, but not limited to, any charges for optional and premium services. Certain services may require the payment of additional fees and you agree to pay such fees at the prices then in effect as specified for such service to either ForePoint Networks or its designated service provider. You agree that ForePoint Networks may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Certain Service promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All Service charges are exclusive of sales or other taxes. Service charges, if applicable, will be subject to sales or other taxes as appropriate. ForePoint Networks reserves the right to modify or terminate subscription plans, change prices, or institute new charges for the Service at any time. Multi-user plans require that all users be within the same apartment unit. In the event that the price of your current Service plan will be changing, ForePoint Networks will provide you with at least thirty (30) days' notice prior to the effective date of such change. It is your responsibility to ensure that your contact information is kept up-to-date in your account. You are responsible for all charges submitted prior to the termination of your account.
3.2 All periodic charges (such as monthly, quarterly, annually) or charges for prepaid plans are to be paid in advance, or at the time charged by ForePoint Networks, as specified for the Service plan you elect and are non-refundable. You agree to pay all amounts due upon demand by ForePoint Networks. Your non-termination or continued use of the Service reaffirms that ForePoint Networks is authorized to charge your account as specified by you (your "Designated Account"). You agree that ForePoint Networks may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that ForePoint Networks may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on your credit card statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.
3.3 You agree that ForePoint Networks may submit charges for your use of connect time in excess of that provided as part of the Service subscription plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your Service subscription plan. Such notice will not affect charges submitted before ForePoint Networks reasonably could act on your notice.
3.4 You must promptly notify ForePoint Networks of changes to: (a) the account number, status, or expiration date of your Designated Account; (b) your billing address; (c) telephone number; and, (d) last name changes. You remain responsible for all charges to your account in the event your Designated Account is changed.
3.5 Unless you notify ForePoint Networks of any errors or discrepancies in any billing within sixty (60) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE FOREPOINT NETWORKS FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO FOREPOINT NETWORKS WITHIN SIXTY (60) DAYS OF ITS PUBLICATION DATE.
3.6 Without limiting anything else in this Agreement, ForePoint Networks reserves the right to suspend or terminate your Service subscription without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to ForePoint Networks when ForePoint Networks in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to ForePoint Networks. You agree to pay a late charge to ForePoint Networks on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ?%) per month (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. ForePoint Networks reserves the right to refer your Service account to a third party for collection in the event of default and you agree to pay all costs incurred in the collection of any delinquent fees.
3.7 Service Subscribers must contact ForePoint Networks Customer Service directly to cancel existing Service accounts. You can obtain cancellation information by visiting the Service Help and Support area online.
3.8 ForePoint Networks reserves the right to limit the number of Service Internet Access accounts billed to any particular Designated Account.
3.9 ForePoint Networks may provide free access to the Services in certain designated locations, as determined by ForePoint Networks. If you are connecting to the Service in a free access area, the sign in or splash screen will clearly state that you are in such an area. Your account will not be billed for access in such free access areas.
4. Operation
ForePoint Networks reserves complete and sole discretion with respect to the operation of the Service. ForePoint Networks may, among other things: (a) take any action (legal and/or technical) that ForePoint Networks deems appropriate to prevent bulk e-mail from entering or leaving any Service e-mail account and the network e-mail system; (b) delete e-mail if it has not been accessed by you within a time established by ForePoint Networks from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to the Service Internet Access Privacy Statement, make available to third parties information relating to the Service and its subscribers and members; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by ForePoint Networks ; (f) withdraw, suspend, change, or discontinue any functionality or feature of the Service; (g) delete attachments due to potentially harmful materials included within such attachment; (h) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers; and (i) deactivate any email accounts that are inactive for more than six (6) months. You acknowledge and agree that ForePoint Networks may automatically check the version of Service software and components you are utilizing and may provide upgrades to such software that will be automatically downloaded to your computer. ForePoint Networks may, in its discretion, subcontract the provision of some or all of the Service to third parties. You agree that ForePoint Networks is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit the Service's automatic log off system or part thereof from performing as intended is prohibited.
5. Posting to the Service
ForePoint Networks does not claim ownership of the materials you provide to ForePoint Networks (including feedback and suggestions) or post, upload, input, or submit to any Service Web Site or its associated services (each a "Submission" and collectively called "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting ForePoint Networks, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. ForePoint Networks is under no obligation to post or use any Submission you may provide and ForePoint Networks may remove any Submission at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.
6. Links to Third Party Sites
The links included within the Service and/or its related web sites may let you leave the Service and visit third party sites ("Linked Sites"). The Linked Sites are not under the control of ForePoint Networks and ForePoint Networks is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. ForePoint Networks is not responsible for web casting or any other form of transmission received from any Linked Site. ForePoint Networks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ForePoint Networks of the site or any association with their operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Service or participation in promotions, including the purchase of, delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ForePoint Networks shall not be responsible or liable for any part of any such dealings or promotions.
7. Installation/Equipment
You acknowledge and agree that ForePoint Networks or its designated service provider may be required to access your premises and/or computer in order to install or repair the components necessary for you to access certain services, this may include opening your computer to install, repair or replace equipment and/or installing software on your computer or in your location. You authorize ForePoint Networks or its designated service providers to access your computer for the purpose of installing, repairing or replacing the components needed to access such services. You are solely responsible for ensuring that all information and software embodied on your computer is stored or backed up appropriately as necessary. ForePoint Networks and its designated service providers shall have no liability whatsoever for any loses resulting from installation or support services, including, without limitation, damage to your premises, loss of software, data or other information from your computer or for any modifications made to your computer system including modifications or deletion of files. Timeframes for installations, if provided, are not guaranteed and may vary based on the types of services requested and based on provisioning and billing arrangements with the designated service providers.
8. Disclaimers/Limitation of Liability.
You specifically agree that ForePoint Networks shall not be responsible for (a) unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using the Service; (b) any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights; or (c) any content sent using and/or included in the Service by you or any third party. The Service provides access to the public Internet. As such, by connecting to the Service, your computer and other hardware or software may be susceptible to attacks, intrusions, or other unauthorized access by third parties. The security of your hardware and software is entirely your own responsibility and ForePoint Networks will not be responsible for any liability resulting from such an attack, intrusion or other unauthorized access or damage.
YOUR USE OF THE SERVICE, ALL SERVICE SOFTWARE, EQUIPMENT OR SOFTWARE PROVIDED BY FOREPOINT NETWORKS OR ITS DESIGNATED SERVICE PROVIDERS, AND FOREPOINT NETWORKS SERVICES (INCLUDING INSTALLATION AN SUPPORT SERVICES) ARE PROVIDED AT YOUR OWN RISK. FOREPOINT NETWORKS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, SECURITY, SPEED, OR ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE AND ALL RELATED EQUIPMENT, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FOREPOINT NETWORKS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS THE SERVICE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SERVICE, SERVICE SOFTWARE, SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. FOREPOINT NETWORKS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF DATA, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL FOREPOINT NETWORKS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, ANY SERVICE SOFTWARE, OTHER SERVICES (INCLUDING INSTALLATION SERVICES), RELATED EQUIPMENT OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY SERVICE SOFTWARE, RELATED EQUIPMENT OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (INCLUDING INSTALLATION SERVICES), LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL OR OTHER CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOREPOINT NETWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FOREPOINT NETWORKS LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO FOREPOINT NETWORKS FOR ACCESS TO AND USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THAT THE CLAIM AROSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Indemnification
You agree to indemnify and hold ForePoint Networks, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. ForePoint Networks will notify you within a reasonable period of time of any claim for which ForePoint Networks seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to ForePoint Networks interests, as reasonably determined by ForePoint Networks.
10. Notices; Consent
Notices given by ForePoint Networks to you may be given by e-mail, by a general posting on the Service, by telephone, or by postal mail. Notices given by you to ForePoint Networks must be given by e-mail via the Service and addressed as set forth in Service's Help and Support area, or by postal mail. Notices to ForePoint Networks by postal mail must be sent to ForePoint Networks, Inc., Attention: Customer Service.
11. General
11.1 This Agreement is governed by the laws of the State of Indiana, USA, notwithstanding its choice of law rules. You consent to the exclusive jurisdiction and venue of courts in Tippecanoe County, Indiana for all disputes arising out of or relating to your use of Service or your Service subscription.
11.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ForePoint Networks as a result of your use of the Service or your Service subscription. You agree not to represent yourself to be a representative, agent, or employee of ForePoint Networks and that ForePoint Networks will not be liable by reason of any representation, act or omission to act by you.
11.3 ForePoint Networks reserves the right to disclose any personal information about you or your use of the Service in accordance with ForePoint Networks privacy policy.
11.4 This Agreement along with the terms and conditions for your particular price plan or promotional offer constitute the entire agreement between ForePoint Networks and you with respect to your use of Service and your Service subscription (excluding the use of any software which may be subject to an end-user license agreement), and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between ForePoint Networks and you with respect to the Service.
11.5 ForePoint Networks may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement and any purported assignment by you shall be null and void.
11.6 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
11.7 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
11.8 The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See the Copyright Infringement Reporting link on our website.
