Terms of Service|
1.1 The Internet Services provided by UnwiredWest, LLC
(Unwired), hereinafter referred to as "Unwired Services",
consist of computer on-line, interactive information,
communications and transaction services. The Unwired Services
are available to authorized users (hereinafter referred
to as "Account Holder") through either dedicated lines,
or other access through a personal computer, or computers,
or through other access devices, using Software (e.g.
the software used to connect to the Unwired Services)
and a communications connection (e.g., modem, telephone
line). This agreement is hereinafter referred to as the
"Terms of Services" or "TOS".
1.2 BY COMPLETING THE ACCOUNT SIGN UP PROCESS AND/OR USING THE UNWIRED SERVICES, ACCOUNT HOLDER AGREES TO BE LEGALLY BOUND TO AND ABIDE BY THE TERMS OF SERVICES, JUST AS IF ACCOUNT HOLDER HAD SIGNED THIS AGREEMENT.
1.3 Unwired may modify its TOS at any time and in any manner. Any modification is effective immediately upon either a posting on the Unwired Services, electronic mail, or conventional mail. If any modification to the TOS is unacceptable to Account Holder, Account Holder may immediately terminate service. ACCOUNT HOLDER'S CONTINUED USE OF THE Unwired SERVICES FOLLOWING MODIFICATION TO THE TOS SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF SUCH MODIFICATION.
1.4 The Terms of Services Agreement and the Unwired Internet Account Setup Application together constitute the entire agreement between Unwired and Account Holder with respect to the Unwired Services, except and unless the parties have entered into a separate written agreement signed by Unwired and Account Holder. Unwired may discontinue or alter any aspect of the Unwired Services at its sole discretion and without prior notice or liability. Unwired reserves the right to change or add any fees or surcharges at any time effective upon thirty (30) days' prior notice.
1.5 ACCOUNT HOLDER CERTIFIES TO Unwired THAT THE ACCOUNT HOLDER, IF AN INDIVIDUAL, IS AT LEAST EIGHTEEN (18) YEARS OF AGE. IF NOT AN INDIVIDUAL, THE ACCOUNT HOLDER CERTIFIES THAT ALL USERS OF THE ACCOUNT SHALL BE OVER THE AGE OF EIGHTEEN (18). A minor's parent or legal guardian may authorize a minor's use of Account Holder's account under adult supervision, however, the Account Holder agrees to assume any and all liabilities resulting from minor's use.
1.6 Each Account Holder is responsible for all activities and charges resulting from use of Account Holder's Account(s) by any person, and for ensuring full compliance with the TOS by all users of Account Holder's Account(s). Unwired Account(s) may not be transferred without prior written approval from Unwired.
1.7 Account Holder is responsible for maintaining the confidentiality of Account Holder's password(s) and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the Unwired Service until Account Holder notifies Unwired by calling 1-541-998-5555.
1.8 Unwired may cancel accounts at any time after providing notice to Account Holder(s). Account Holder(s) may cancel their account by providing 30 days notice to Unwired, or by providing 60 days notice to Unwired if Account Holder uses a dedicated connection.
1.9 It is the Account Holder's responsibility to notify Unwired of cancellation of service either verbally or by written notice. Unwired will then prorate the Account Holder's final bill based upon the date of the cancellation notice. Account Holder is responsible for all monies owed prior to the date of cancellation.
2.0 Account Holder agrees to use the Unwired Service only for lawful purposes. Account Holder is prohibited from posting to or transmitted through the Unwired Service unsolicited bulk email (otherwise known as spamming), or any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Account Holder agrees to indemnify and hold harmless Unwired for, from and against any and all claims, actions and all other expenses and liabilities incurred by Unwired arising out of any violation by Account Holder of the terms of this TOS.
2.1 Account Holder acknowledges that the Unwired Service contains
information, software, photos, video, graphics, music,
sounds or other material (collectively, "Content") that
are protected by copyrights, trademarks, trade secrets
or other proprietary rights and that these rights are
valid and protected in all forms. Account Holder may
not modify, publish, transmit, participate in the transfer
or sale, creation of derivative works, or in any way
exploit, any of the Content, in whole or in part.
2.2 Account Holder agrees to abide by the provisions
in the UnwiredWest Fair Access Policy located at www.unwiredwest.com/fap.htm.
2.3 Failure to comply fully with the provisions of
this Service Agreement or the Unwired Account Setup
Application may result in immediate suspension or termination
of Account Holder's right to use the Unwired Services.
In the event of suit, action, or arbitration to enforce
any of the terms of this TOS or the Account Setup Agreement,
the prevailing party or parties shall be awarded such
sum as the Court or arbitrator may adjudge reasonable
as attorney fees in such suit, action, or arbitration
and in any appeal therefrom.
2.4 IN NO EVENT WILL Unwired BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE,
LOSS OF CUSTOMERS OR CLIENTS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF: (1) THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS
SERVICE OR DOWNLOADED FROM THIS SERVICE; OR (2) ANY
FLOOD, FIRE, OR ACT OF GOD OR OTHER FORCE OF NATURE.