Welcome to Skywave Broadband, Inc.'s ("Skywave") HotSpot. BY ACTIVATING OR USING THE SKYWAVE HOTSPOT SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("T&C's"). PLEASE READ THESE T&C 's CAREFULLY. They affect your legal rights by, among other things, requiring MANDATORY REVIEW OF ANY DISPUTES (SEE SEC. 2), charging an EARLY CANCELLATION FEE FOR CERTAIN SUBSCRIPTIONS (SEE SEC. 3), AND LIMITING OUR LIABILITY (SEE SEC. 12 & 13). IF YOU DO NOT AGREE TO THESE T&C's, DO NOT ACTIVATE OR USE THE SERVICE.
This is an agreement between you and Skywave for wireless local area network communications services and related services and features (collectively referred to as the "Service"). These T&C's, any Skywave HotSpot Service Agreement you have agreed to, and the specific rate plan information that applies to your account (see http://www.skywavebroadband.net/plans.php) (collectively referred to as the "Agreement"), govern the use of the Service purchased from us for use with the Service. These T&C's supersede all earlier versions. You acknowledge that no employee, dealer or other agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement, the Service or equipment purchased from us for use with the Service or to waive or modify any terms or provisions of the Agreement. Skywave reserves the right to designate its vendors and venue, roaming and other partners as intended third party beneficiaries of the Agreement.
1. Acceptance of Agreement by Use/Activation. Your electronic acceptance on our web site, your activation or use of the Service or your signature below constitutes your acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.
2. MANDATORY REVIEW BY SKYWAVE TO RESOLVE DISPUTES: PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL REVIEW AND DISCUSS OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES, INCLUDING ANY BILLING DISPUTES ("CLAIM"), SHALL BE SUBMITTED TO SKYWAVEâ€™S SUPPORT DEPARTMENT BEFORE ANY OTHER ACTION IS TAKEN.
YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT SKYWAVE CUSTOMER RELATIONS, PO BOX 25422, HONOLULU, HI, 96825 OR email@example.com AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, MAY TAKE FURTHER ACTION INCLUDING BUT NOT LIMITED TO DISUPTING THE CHARGE(S) WITH THE APPROPRIATE FINANCIAL INSTITUTION OR FILING A CLAIM WITH THE BETTER BUSINESS BUREAU OF HAWAII.
FAILURE TO NEGOTIATE WITH US IN GOOD FAITH BEFORE CONTACTING YOUR FINANCIAL INSTITUTION TO DISPUTE A CHARGE IS A VIOLATION OF THE T&Câ€™S AND WILL AUTOMATICALLY RESULT IN SKYWAVEâ€™S CONTESTING OF THE DISPUTE WITH THE FINANCIAL INSTITUTION AND PROVIDING THE LANGUAGE IN THIS T&C TO SUPPORT OUR DISPUTE.
3. Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE (A) INCREASE THE CHARGES FOR A SERVICE AND YOU WOULD BE CHARGED A TERMINATION OR OTHER FEE TO CANCEL THAT SERVICE, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION (AS PROVIDED IN SEC. 18) AND YOU CAN CANCEL THE AFFECTED SERVICE WITHOUT PAYING THE TERMINATION OR OTHER FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL THE SERVICE BY FOLLOWING THE INSTRUCTIONS IN THE NOTICE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IF WE INCREASE CHARGES FOR SERVICE TO WHICH NO TERMINATION OR OTHER FEE TO CANCEL SERVICE APPLIES, WE WILL NOTIFY YOU OF THE INCREASE, BUT YOU WILL STILL BE RESPONSIBLE FOR ANY TERMINATION FEE APPLICABLE TO ANY SERVICES YOU MAY HAVE IF YOU CANCEL SERVICE.
4. Service Availability. A wireless local area network compatible device (a â€œDeviceâ€�) is required in order to use the Service. Skywave does not sell or support Devices. You must ensure that your Device is compatible with the Service. Availability and performance of the Service is subject to all memory, storage and other limitations in the Device. Service is only available at designated Skywave HotSpot locations, and unless otherwise stated by us on our website or in writing, is not available outside the U.S. Service is available to your Device only when it is within the operating range of our system or of an operator with which we have an applicable roaming agreement (roaming may not be available with all plans). Skywave HotSpot locations and maps are subject to change at any time without notice. Actual Service coverage, speeds, locations and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose credit, usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users, our network or our business. Network speed is an estimate and is no indication of the speed at which your Device or the Service sends or receives data. Actual network speed will vary based on Device configuration, compression, distance, network congestion, interference and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the Service by, among other things, changing or upgrading the 802.11b/g standard.
5. Use of Service. Unless otherwise set forth by us in writing, you are receiving a single User Account solely for your use of the Service through one Device per login session. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your User Account or connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Device. You may not assign your log-in name, password or IP address to any other person or Device. You agree that we may access your Device and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the Device or network; enable, operate and update the Service and software; investigate activity that may be in violation of the Agreement; or to comply with law. You agree not to use or attempt to use the Service, the Skywave network or website, or your Device for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: (a) Violating any applicable law or regulation; (b) Downloading, Posting or transmitting content in any way that you do not have the right to post or transmit; (c) Downloading, Posting or transmitting content in any way that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) Downloading, Posting or transmitting content in any way that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (e) Attempting to intercept, collect or store data about third parties without their knowledge or consent; (f) Deleting, tampering with or revising any material posted by any other person or entity; (g) Accessing, tampering with or using non-public areas of the Service, Skywaveâ€™s computer systems and network or any Skywave website; (h) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (i) Attempting to access or search the Service, the Skywave network or any Skywave website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; (j) Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "spam", "chain mail" or "junk mail"; (k) Using or attempting to use the Service, the Skywave network or any Skywave website to send altered, deceptive or false source-identifying information; (l) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service, the Skywave network or any Skywave website; (m) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service, the Skywave network or any Skywave website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service, the Skywave network or any Skywave website; (n) Impersonating or misrepresenting your affiliation with any person or entity; (o) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, and securities fraud; or (p) Excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server or any other server, and non-traditional end user activities.
If we suspect violations of any of the above, we may: (i) Institute legal action, (ii) Immediately, without prior notice to you terminate the Agreement and the Service, (iii) Terminate any other Skywave agreements between us and you and the Skywave service provided under those agreements, and (iv) Cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
Skywave reserves the right to install, implement, manage and/or operate one or more software, monitor or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&C's, including but not limited to any of the activities described in this Sec. 5. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&C's, including but not limited to those activities described in this Sec. 5 and any other activities that may subject Skywave or its customers to harm or liability. Skywave disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Device.
6. Content Disclaimer: Cautions and Restrictions. We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. The Internet may provide access to content you consider harmful to minors, or otherwise offensive or inappropriate. If you wish to limit access to such content, there are a number of commercially available products that can help you do so. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your Device or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
7. Term; Termination of Service. The Agreement begins on the date Service is activated or used (or is otherwise deemed to have been accepted as provided in Sec.1) and will continue until terminated by you or us in the manner provided in the Agreement. You understand that if at any time you are not current in paying amounts owed to us, or if your credit or debit card ("Card") expires, does not process payment or is otherwise rejected, we may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is ended by you or us.
Skywave offers two subscription plans with a fixed term longer than 31 days: a 4-month or annual plan. For the 4-month plan, the term of Service shall be a minimum of 4 months from the date of your plan commencement, after any applicable promotion periods have expired (the "Fixed Term"). After the applicable Fixed Term expires, your account will automatically expire and you will not be charged again unless you manually re-register. For the annual plan, the term of Service shall be a minimum of 12 months from the date of your plan commencement, and after the applicable Fixed Term expires, if you do not renew your Fixed Term subscription you become a month-to-month customer but are still subject to the Agreement, as modified. If you select any other subscription plan, the plan will commence after any applicable promotion periods have expired.
YOU MAY TERMINATE SERVICE FOR ANY PLANS BY PROVIDING US WITH WRITTEN NOTICE (SEE SECTION 2 FOR CONTACT INFORMATION) AND AN EXPLANATION OF CAUSE FOR OUR REVIEW. CANCELLATION WILL TAKE EFFECT AS SOON AS THE CAUSE IS REVIEWED (AS PER SECTION 2). IF YOU CANCEL SERVICE PRIOR TO THE END OF YOUR FIXED TERM (AND HAVE NOT MET THE REQUIREMENTS OF SEC. 16) OR BREACH THE AGREEMENT BEFORE YOUR FIXED TERM ENDS, YOU AGREE THAT THE RESULTING HARM TO US IS IMPRACTICABLE OR EXTREMELY DIFFICULT TO MEASURE AND YOU AGREE TO PAY US IN ADDITION TO AMOUNTS OWED AN EARLY TERMINATION FEE FOR EACH FIXED TERM SUBSCRIPTION, AS A REASONABLE ESTIMATE OF OUR HARM, THE LESSER OF $200 OR THE REMAINING MONTHLY RECURRING FEES OWING TO THE END OF THE FIXED TERM (WHICH YOU AGREE MAY BE DEDUCTED FROM ANY DEPOSIT, OR AUTOMATICALLY BILLED TO YOUR ACCOUNT OR CARD) In addition, we may keep any amounts prepaid by you sufficient to cover any accrued charges and fees related to the Service you have used. We may terminate Service for any reason upon 3 days notice (unless a longer period is required by law). If you breach the Agreement, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law). You breach the Agreement by: (a) failing to pay any sum when due; (b) failing to comply with any provision in the Agreement or any other agreement between us; (c) becoming the subject of any proceedings under the Bankruptcy Code; (d) becoming insolvent; or (e) your financial institution dishonoring or returning for insufficient funds your check or credit card. In the event of cancellation, you are responsible for payment of all charges (including any cancellation fee) due to us under the Agreement, which charges will be immediately due and payable. If we reinstate Service to you after discontinuing Service, you may be subject to a credit check and agree to pay reactivation charges or deposits. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law.
8. Your Account. Unless you have selected a special promotional rate plan or accepted promotional pricing, you may, upon notice to us and payment of any transfer fee we assess, change to another rate plan. Any Fixed Term will remain unchanged by any modification to your account, unless we require a new Fixed Term as part of such modification. If we allow you to temporarily suspend your account, the Fixed Term will be extended by the length of the temporary suspension.
9. Deposits. Skywave does not require a deposit for our Services.
10. Billing and Payment of Charges. You agree to provide us with accurate and complete billing information including legal name, address, telephone number and Card/billing information, and to report all changes to this information within 30 days of the change. You represent that the address you have provided to us for billing purposes is either your residential or business street address. You authorize us to verify your creditworthiness with credit-reporting agencies from time to time. You agree to timely pay in full all charges for Service under the Agreement, including regular monthly Service and other charges billed to your account. Charges may include, without limitation, monthly recurring charges for Service and, if applicable, excess usage charges, airport and other surcharges, roaming fees, usage when you are outside a designated local area, and additional features or services you have or use. You will be charged for Service and other features on a monthly billing cycle basis. Except as otherwise provided in your rate plan, monthly recurring charges are invoiced one billing cycle in advance and any portion of a monthly billing cycle is not prorated, but billed as a whole cycle. We may change your billing cycle at any time. Where roaming is available, additional fees (which may include access, airtime and/or megabyte charges) may apply. You may be charged for data sent or received by any Device you use (including, without limitation, "free" software downloads, messaging, unsolicited information and advertisements), regardless of whether the data is requested, actually or completely delivered, received or stored. In some cases data packets will be resent to ensure complete delivery; you may be billed for these resent packets. You understand that Service connection (and billing) starts at the time you register for the Service and does not end until your Expiration Date and Time. The Service is for a period of time and NOT by minute usage.
Incorrect Charges. If you believe you have been incorrectly charged, you must notify us of such disputed charges within sixty (60) days from the date the disputed charges are first billed or you waive your right to dispute those charges. Please contact Skywave Customer Care at 800-206-8561 or firstname.lastname@example.org so that we can review your account. If you accept a credit to resolve an issue, you agree that the issue has been resolved. We may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: Skywave Broadband, Inc., P.O. Box 25422, Honolulu, HI 96825, or email@example.com. If it is determined that you owe any amount in dispute, that amount will be added to any current charges and must be paid by the due date. If we accept late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of our rights hereunder to collect all amounts that you owe us nor will it constitute an accord and satisfaction.
11. Digital Millennium Copyright Act ("DMCA") Notice. In operating the Service, we may act as a "services provider" (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. Our designated agent (the proper party for notice) to whom you should address infringement notices under the DMCA is Corporation Services Company, 1010 Union Ave. SE, Olympia, WA 98501. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the party who has allegedly infringed.
12. Disclaimer of Warranties. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, THE SERVICE IS 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 (EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US), 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 ("SKYWAVE 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.
13. 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 SKYWAVE OR ANY OF THE SKYWAVE 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 OR ANY DEVICE, 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 DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES 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 MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF SKYWAVE AND ANY SKYWAVE 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 OR DEVICE, 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 THE AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY VENUE PARTNER WHERE THE SERVICE IS USED AND ANY THIRD PARTY NETWORK PROVIDER FROM WHICH ROAMING SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU AS PART OF THE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
14. 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 Skywave Affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or a Device 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.
16. Assignment. We may assign in whole or in part our rights or duties under the Agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder. You may assign the Agreement only with our prior written consent. Subject to this restriction, the Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties.
17. Notices and Communication. Written notices to you shall be considered given and received by you on the third day after the date deposited in the U.S. Mail addressed to you at your address in our billing records or immediately upon delivery using electronic means such as e-mail. Written notice to us shall be considered given when received by our office: Skywave Broadband, Inc., P.O. Box 25422, Honolulu, HI 96825, or firstname.lastname@example.org. You agree that we may contact you through the Service to notify you of changes to or information about your account, the Service, additional services or the Agreement.
18. Severability. All terms and provisions of these T&C's are independent of each other. If any term or provision of these T&C's is held to be inapplicable or unenforceable, including without limitation any terms or provisions in Secs. 2, 12 or 13, 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.
19. Entire Agreement/Applicable Law/Venue/Miscellaneous. The Agreement represents the final and entire agreement between you and us regarding the Service purchased from us. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in the Agreement. If we don't enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into the Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into the Agreement and agree to be personally liable for all accounts if you are not so authorized. You acknowledge that you are responsible for (a) all charges incurred by any person you authorize to access your account, or to use your Device or the Service and (b) ensuring that any person you authorize to access your account complies with the Agreement. The Agreement is governed by the Federal Arbitration Agreement, applicable federal law, and the laws of the state in which your billing address in our records is located. Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the state where your Service is principally provided, but not outside the U.S.
20. Survival. The following provisions, and any other provisions which may reasonably be construed as surviving, and the rights and obligations of the parties thereunder, shall survive any termination of the Agreement for any reason: Secs 2, 4, 5, 6, 7, 9, 10, 11, 12,13, 14, 15, 16, 17, 18, and 19 and the terms and conditions related to your use of other Skywave services.
Effective: March 2007
Collection of personal information
- You provide personal information to us when you sign up for or use our services or when you interact with us in other ways, such as by paying your bill, calling our customer service representatives, submitting a resume, or applying for employment.
- Examples of personal information we may collect include your billing address, your calling information, and the services you use and how and where you use them.
- We may also receive personal information about you from other sources; for example, we may receive credit information from third-party sources before initiating your service.
Use and disclosure of personal information
- We use information that we collect to respond to your requests, complete transactions, provide our services, and anticipate and resolve actual or potential problems.
- We also use personal information to develop and modify our products and services and to inform you of products, services, and offers that we believe you may find of interest.
- We do not sell, rent, or lease personal information about you to third parties for their marketing purposes, unless the third parties are partners or affiliates of Skywave, and the marketing purpose is to promote Skywave and/or its partners and affiliates.
Choice and access
- You can view, access, and modify your account information online at our Customer Portal
- If you are a Skywave customer, you may opt out of receiving certain marketing communications from us by logging into your customer portal and reviewing the Communications option.
- If you do not manage your account online, you may email us at email@example.com to update your account preferences.
- You may also opt out of receiving marketing e-mail messages from us by following the opt-out instructions contained within the e-mail message.
How to contact us
- We value your privacy and welcome your comments, suggestions, and questions regarding our privacy practices. You may contact us at firstname.lastname@example.org regarding our privacy practices.
Changes to this policy
We will update this policy if our practices change or if laws or regulations require that we change it. If we decide to disclose personal information in a way that is materially different from that which was stated in this policy at the time the personal information was collected, we will notify you by posting notice of the change on our site's home page and on this page for a reasonable period before we implement that change and will give you an opportunity to opt out of the proposed use of personal information.