Terms and Conditions
This agreement (the "Agreement") is a contract between you, the individual, business, or organization currently providing you access to this website ("Provider") and Licensor (hereinafter defined in "Description of Services") for use of wireless high-speed Internet access services (the "Services"). Please read the following information carefully. By agreeing on the 'Wireless Service Sign-Up' page, you acknowledge that you (1) have read, understand and agree to be bound by this Agreement, (2) are receiving a non-transferable, single-user, limited license solely to access the Services, subject to the terms and conditions herein and (3) are at least of legal majority. The effective date of this Agreement is the date on which you accept the terms and conditions of the Services. To print this Agreement, click the print button on your browser.
Description of Services
Licensor (goWiFi) and Provider will provide the Services at locations ("Locations") that have agreed to host the Licensor and Provider wireless access point system (the "System") and which are operational. Licensor and Provider do not screen or restrict access to any content placed on or accessible through the Internet. Licensor and Provider also do not screen or restrict communications between parties via the Internet. You acknowledge that you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Licensor and Provider are not liable for any action or inaction with respect to any such content accessible through the System.
Licensor or Provider will provide you with the following technical support services by calling the number located on the wireless login page or posted at the Location:
Your Responsibilities
You must (1) provide accurate and complete registration information, (2) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the System, (3) protect the password, username and security information you use to access the Services and notify Licensor immediately of any unauthorized use of your account, and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws.
You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the System and (2) all communications via the System. Licensor and Provider do not undertake the security of any data you send through the System and it is your responsibility to secure such data.
It is your responsibility to keep your account information current, including personal and credit card information. Changes must be communicated via the 'My Account Info' link at http://wireless.nnu.com/identify.html.
Payment and Term
You shall pay all fees charged to your credit card for the Services based upon the Rate Plan you select, plus any applicable taxes and other fees imposed as a result of this Agreement.
User Sessions, Billing Periods and Billing Conventions
Pay Per Use (single session) Plan. The commencement time/date of this single-session plan is the time/date that you log in following the completion of the registration process. The session terminates at the time/date you log out or you are automatically logged out as described below. All fees you incur will be charged to your credit card at the time/date your session is terminated.
Daily Rate Plan. The commencement time/date of your initial session and initial billing period under this plan is the time/date that you log in following the completion of the registration process. The commencement time/date for each renewal and billing period thereafter is the time/date of each log on. Each billing period under this plan ends at the later of (1) 24 hours after the commencement time/date, (2) the time/date of your first log out following the 24-hour period after the commencement time/date or (3) the time/date Licensor automatically logs you out following the 24-hour period after the commencement time/date. If a billing period ends as a result of your first log out or an automatic log out after the 24-hour period following the commencement time/date, you will be charged an additional Daily Rate Plan fee for each portion of each successive 24-hour period. All fees you incur will be charged to your credit card at the time/date each billing period terminates.
Subscription Rate Plans. The commencement time/date of the initial billing period under a subscription plan is the time/date that the registration process is successfully completed. Subsequent billing periods commence on each monthly anniversary of your registration. Monthly fees will be charged to your credit card on the date you register for the Services and then on each subsequent monthly anniversary date. Fees in excess of the base monthly fee that are incurred by you on a per-minute basis will be charged to your credit card at the end of each billing period.
Licensor may change the fee associated with any Rate Plan at any time.
Note: You understand additional roaming fees may be charged if you initiate a session in a location where roaming fees apply.
Ending Session Billing
To end session billing, you must logout by clicking the "Logout" button found within the logout pop-up window that appears after each successful login. Note: Using this logout method requires the pop-up window remain either minimized or open during your session.
NOTICE: It is your responsibility to logout when finished. Credits or additional minutes will not be provided if you fail to logout properly.
If in the event you fail to logout properly, you will be "automatically" logged out if, for 15 minutes or longer: (1) the wireless card is removed from your computer, (2) your computer is powered off, or (3) your computer is moved out of the coverage area. Note: You will be billed for all minutes up to the time of the automated logout.
The amount of time used under the Rate Plan you select will be reported under the 'My Account Info' section at http://wireless.nnu.com/identify.html.
Depending upon the plan, you may switch from one Rate Plan to another by accessing the 'My Account Info' link at http://wireless.nnu.com/identify.html and making the desired changes. Changes will be effective as follows:
A change from a Daily Rate Plan to a Subscription Rate Plan will be effective upon the later of: (1) processing the change request or (2) the completion of a daily session that is in process at the time the change request is made.
A change from Subscription Rate Plan to a different Subscription Rate Plan or to a Daily Rate Plan will be effective at the termination of your current plan's monthly billing cycle.
The Subscription or Daily Rate Plan you select initially will be the Rate Plan to which your user name and password are associated for billing purposes until the earlier date of: (1) the termination of your account, (2) a plan change or (3) the deactivation of your name and password after inactivity.
In the event Licensor is unable to charge fees to the credit card number you have provided, you remain responsible for any such charges and agree to pay by another means acceptable to Licensor.
Termination
You may terminate Subscription Rate plans by calling the number posted at the location. Subscription Rate Plan cancellations shall be effective at the end of the current billing cycle. E-mail cancellation notifications will not be accepted. You agree that Licensor and Provider may terminate this Agreement and cancel Services for any and all accounts you may have at any time, without notice and for any reason including, but not limited to, nonpayment, violation of any of the terms and conditions of this Agreement, providing inaccurate registration information, and using the Services to perform any illegal activity. You further agree that in the event of termination for any reason Licensor and Provider will have no liability to you.
Licensor may reject an application or terminate this Agreement for any reason including, but not limited to, if (1) you violated this Agreement as to this or another Licensor account, (2) the information required in the registration process is incorrect, absent or incomplete, (3) your credit card number refuses a charge, or (4) the amount of technical support required to be provided to you is unreasonably excessive in the sole judgment of Licensor.
Privacy Policy
Personal information you provide in connection with the account registration process, your frequency of using the System, and information about your use of the System will be provided to the Location from which you access the System. You consent to this disclosure. The information you provide will otherwise not be provided to any third parties in a manner that would identify you unless Licensor or Provider is required to disclose such information in order to comply with applicable laws or unless you consent.
Notice of Defect
If you experience a problem accessing or using the Services, report the problem by calling the phone number posted at the Location within seven (7) days of the date on which the problem occurred. After seven days, any complaints regarding a problem are deemed waived. If Licensor and Provider determine the System is at fault, their sole obligation under this Agreement is to provide remedy in a manner consistent with their regular business practices. Licensor and Provider provide no guarantee and make no representation that the System will be available during the hours posted at every System location. Credits and refunds will not be issued for reasons of temporary unavailability of the System at a particular location.
Modifications
Licensor and Provider may, at their sole discretion, modify the terms and conditions of this Agreement including its Rate Plans. Such modifications shall be binding and effective upon posting on Licensor's 'Wireless Signup' page. You agree to periodically review Licensor's 'Wireless Signup' page to maintain awareness of any modifications. By continuing to use the System after such postings, you accept and agree to any and all such modifications.
Indemnification
You shall defend, indemnify and hold Licensor and Provider and their respective corporate affiliates and their respective officers, directors, stockholders, employees, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the System or any breach of this Agreement.
Warranty
Licensor warrants that the System will conform, as to all substantial operational features, to Licensor's currently published specifications and will be free of defects which substantially affect system performance. THE WARRANTY PROVIDED IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR AND PROVIDER MAKE AND YOU RECEIVE NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. LICENSOR AND PROVIDER SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM.
Limitation of Liability
LICENSOR'S AND PROVIDER'S LIABILITY TO YOU UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE FEE PAID BY YOU TO LICENSOR AND PROVIDER.
Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you, Provider and Licensor with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of Texas as applicable without giving effect to the principles of conflicts of law thereof. All disputes relating to this Agreement or the System shall be brought in the District Courts of Travis County, Texas in a trial for which the right to a jury is hereby waived by both parties ability to offer or comply with service level objectives; and
f. Partner's lack of availability to respond to incidents which require Partner's participation for resolution (for example during times outside Partner's normal business hours).
6.2.2 In no event shall goWiFi or Partner be responsible for any failure or delay in performing this Agreement if such failure or delay arises from causes beyond its reasonable control.
6.2.3 THERE ARE NO AGREEMENTS, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
6.3 Indemnifications
6.3.1 Except as otherwise provided herein, Partner, for itself and its successors and assigns, shall defend, indemnify and hold goWiFi and its corporate affiliates and their respective officers, directors, stockholders, employees, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, the operations of or performance by Partner under this Agreement or any breach by Partner of this Agreement.
6.3.2 Except as otherwise provided herein, goWiFi for itself and its successors and assigns, shall defend, indemnify and hold Partner and its corporate affiliates and their respective officers, directors, stockholders, employees, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, any infringement claim relating to goWiFi's software (not including any modifications made by goWiFi at the request of Partner), other than claims based upon the use of goWiFi's software in combination with other software, hardware or systems not provided by goWiFi. goWiFi shall be relieved of the foregoing obligation unless Partner promptly notifies goWiFi of any such claim and, at goWiFi's option, permits goWiFi to control the defense and settlement thereof. In the event of such infringement, goWiFi may either use commercially reasonable efforts to obtain a license under the rights that are infringed, or modify the software to be non-infringing; provided that if in goWiFi 's judgment such remedies are not reasonably available, goWiFi may terminate this Agreement.
6.3.3 The obligations of this Section 6.3 shall survive termination of this Agreement.
6.4 Proprietary Information. Any technical or business information or data disclosed or furnished to Partner by goWiFi ("Information"), including all Information relating to access to the Internet from an AP, shall remain the property of goWiFi and when in tangible form shall be returned upon request. All Information shall be kept confidential by Partner and shall be used only in connection with Partner's performance hereunder, unless such information was previously known to Partner free of any obligation of confidentiality or is made public by goWiFi.
6.5 Independent Contractor. It is expressly understood and acknowledged that the parties are entering into this Agreement as independent contractors and that this Agreement is not intended to create, nor shall it be construed as creating, any type of partnership, joint venture, or franchise relationship between goWiFi and Partner. Neither party shall use, without the prior written consent of the other party, the trade names, copyrighted materials, trademarks or service marks of the other party or its affiliated companies, including in any advertising, publicity, press release, or promotion or to express or imply any endorsement.
6.6 No Third Party Beneficiaries. This Agreement shall not provide any person not a party to this Agreement with any remedy, claim, liability, reimbursement, commission, cause of action or other right in excess of those existing without reference to this Agreement.
6.7 Governing Law. This Agreement shall be governed by and interpreted according to the domestic laws of the State of Texas without regard to choice of law rules of Texas. All suits concerning any and all matters related to or arising under or by virtue of this Agreement shall be commenced exclusively in the state or federal courts located in Travis County, Texas and venue of such action shall rest exclusively in Travis County, Texas.
6.8 Entire Agreement; Amendments. This Agreement and any Exhibits constitute the entire understanding between the parties and supersede all prior understandings, oral or written representations, statements, negotiations, proposals and undertakings with respect to the subject matter hereof. No amendment to this Agreement shall be valid except if it is in writing, refers specifically to this Agreement, recites that it is an amendment hereto, and is subscribed by authorized representatives of the parties.
6.9 Notices. All notices which may be given by any party to the other party shall be in writing and shall be deemed to have been duly given on the date delivered in person or deposited, postage prepaid, in the United States mail via certified mail, or an authorized overnight carrier, return receipt requested, to the addresses listed herein.
6.10 Taxes. Partner shall be solely responsible for all state, local or federal taxes imposed as a result of the existence or operation of this Agreement or based on any charges relating to products and services procured by Partner hereunder including, but not limited to, state and local privilege and excise taxes based on gross revenue, and any sales taxes paid or payable by goWiFi in respect of the foregoing. Partner shall pay any such taxes to goWiFi or to any governmental agency as directed by goWiFi. Partner hereby indemnifies and holds goWiFi harmless from and against the payment of any and all sales or similar taxes, including any penalties or interest thereon. Partner’s obligations pursuant to this section 6.10 shall survive any termination or expiration of this Agreement.
