You agree to pay all charges,
fees and taxes related to the use of the service in accordance with
billing terms in effect at the time the fees, charges and taxes become
payable.
If you are unhappy with the
service or with any terms, conditions, rules, policies, guidelines, or
practices of Airwave Broadband Wireless in operating the service, your
only remedy is to stop using the service.
Airwave Broadband Wireless may
modify this agreement, its prices, or the service by publishing a
notice on the Airwave Broadband home page. Airwave Broadband Wireless
may also revise, modify or discontinue any or all aspects of the
Service and the policies set forth in this document, without prior
notice.
When you use this Service, you
may not:
restrict or inhibit any other
user from using or enjoying the internet;
post or transmit any unlawful,
threatening, abusive, libelous, defamatory, vulgar, obscene,
indecent, pornographic, profane, hateful, bigoted or otherwise
objectionable information of any kind including with out limitation
any transmission constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, state, national, or international law
including without limitation of the U.S. export control laws and
regulations-7;
post or transmit any
information or software which contains a virus or other harmful
component;
post, publish, transmit,
reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the
provider of such information, software or other material);
upload, publish, transmit,
reproduce, or distribute in any way, information, software, or other
material obtained through the Service which is protected by
copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner
or right holder; or
upload, post, publish,
reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto, as the
Service is copyrighted as the collective work under U.S. copyright
laws.
remove or alter copyright
management information including, without limitation, name or
identification information of the author or owner, copyright note,
or terms and conditions for use of a work.
avoid, bypass, remove,
deactivate, or circumvent by any means, any process or system such
as copy protection systems that are intended to protect the rights
of a copyright owner.
Except for information, products
or services clearly identified as being supplied by Airwave
Broadband Wireless, Airwave Broadband Wireless does not operate or
control any information, products or services on the Internet and
except for such Airwave Broadband Wireless identified information,
products or services, all merchandise, information and services
offered or made available or accessible by third party who are not
affiliated with Airwave Broadband Wireless or its affiliates.
The internet contains unedited
materials some of which may be offensive or objectionable to you. You
access such materials at your own risk. Airwave Broadband Wireless has
no control over and accepts no responsibility whatsoever for such
material.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. NEITHER
Airwave Broadband Wireless NOR ITS AFFILIATES MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITH OUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITIES OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE,
INFORMATION OR SERVICES PROVIDED THROUGH SERVICE OR ON THE INTERNET
GENERALLY, AND Airwave Broadband Wireless IS NOT LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS
OF ALL OPINIONS, ADVISE, SERVICES AND OTHER INFORMATION, AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY.
The service is provided on an as
is and as available basis without warranties of any kind,
either express or implied including but not limited to warranties of
title, non infringement or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by
Airwave Broadband Wireless nor its affiliates warrant that the Service
will be uninterrupted or error free or that any information, software
or other material accessible on the Service is free of viruses or
other harmful components.
Under no circumstances shall
Airwave Broadband Wireless, its affiliates or its agents be liable for
any direct, indirect incidental, special, punitive or consequential
damages that result in any way from your use or inability to use the
Service or to access the internet or any part thereof, or your
reliance on or use of information, service or merchandise provided on
or through the service, or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation, or transmission or any failure or performance.
You understand that you may be
held liable both under civil and criminal law for infringement of the
intellectual property rights of others, you may be held liable for all
actual damages and profits, attorney’s fees, cost, or the court may
award statutory damages under the copyright act. In addition criminal
liability can include fines and imprisonment.
Airwave Broadband Wireless may
deny you access to all or part of the service without notice if you
engage in any conduct or activity that Airwave Broadband Wireless in
its sole discretion believes violates any of the terms and
conditions in this agreement. If Airwave Broadband Wireless denies
you access to the Service because of a violation, you shall have no
right (1) to access through Airwave Broadband Wireless any materials
stored on the internet, (2) to obtain any credit's otherwise due
you, and such credit's will be forfeited, (3) to access third party
services, merchandise or information on the internet through Airwave
Broadband Wireless. Airwave Broadband Wireless shall have no responsibility to
notify any third party providers of service, merchandise, or
information nor any responsibility for any consequences from lack of
notification.
Airwave Broadband Wireless has no
obligation to monitor the service However, you agree that Airwave
Broadband Wireless has the right to monitor the service
electronically from time to time and to disclose any information
necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or
its subscribers. Airwave Broadband Wireless reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that in its sole
discretion, are unacceptable, undesirable, or in violation of this
agreement.
You agree to provide, at your
cost, all necessary equipment to access the service
You agree to defend, indemnify
and hold Airwave Broadband Wireless and its affiliates harmless
against any and all liabilities and cost relating to any violation of
this agreement by you or authorized users of your account, or in
connection with the use of the Service or the internet or the
placement of any message, information, software or other materials on
the internet by you or authorized users of your account.
If you wish to make purchases on
the Service, you may be asked by the merchant or information or
service provider from whom you are making a purchase to supply certain
information including credit card or other payment mechanism
information. You agree that all information you provide any merchant
or information or service provider on the Service for purposes of
making purchases will be accurate, complete and current. The merchants
and information and service providers offering merchandise,
information and services on the Service set their own prices and may
change prices or institute new prices at any time. You agree to pay
all charges incurred by users of your account and credit card or other
payment mechanisms at the price in effect when such charges are
incurred. You also will be responsible for paying any applicable taxes
relating to purchases on the service
In the event that any portion of
this agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and
remainder of provisions shall remain in full force and effect.
Airwave Broadband Wireless
failure to insist upon or enforce strict performance of any provision
of this agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between parties practice shall
act to modify any provision of this agreement.
This agreement shall be governed
by and construed in accordance with the laws of the State of
California, without regard to its conflicts of law provisions. Any
cause of action you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Policy on
E-Mail, news groups, list servers
Our
policy governing E-Mail usage is very simple. Instead of telling you
the things you can do with e-mail, It will be easier to tell you what
you can not do on our e-mail service
1).
You cannot harass, threaten, or engage in criminal activity anytime.
2). We do
not allow bulk e-mailing or posting (spamming)
including inside or outside our service If you engage in this activity
you will be warned only once. The next time you engage in this
activity it will result in
