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True 802 Wireless, Inc. Customer AgreementImportant Note: True802™ (as hereinafter defined) may revise this Agreement ("Agreement") from time to time without notice, by posting a new version of this document on the True802™ Web site at http://www.true802.com [or any successor URL(s)]. All revised copies of the Agreement are effective immediately upon posting. Accordingly, Customers (as hereinafter defined) and users of the Services (as hereinafter defined) should regularly visit our web site and review this Agreement to ensure that their activities conform to the most recent version. In the event of a conflict between this Agreement any other agreement between True802™ and Customer, the terms of this Agreement will govern. Questions regarding this Agreement and complaints of violations of it by True802™ customers and users can be directed to http://www.true802.com.
The terms and conditions of this Agreement shall govern the relationship between the Customer (sometimes referred to as "you," "your" or "Customer") and TRUE 802 Wireless, Inc. or any of its licensees (sometimes collectively referred to as "we," "us," "our" or "TRUE802™"). TRUE802™ provides Wireless Internet Services, as they may exist from time to time ("Services"), to Customers who establish an account with TRUE802™. By establishing an account or using any software provided, developed, licensed or owned by TRUE802™ (the "Software"), the Customer agrees to be bound by this Agreement and to use the Services in compliance with this Agreement and other TRUE802™ policies posted on the True802™ Web site (http://www.true802.com).
Customers must be at least 18 years old. TRUE802™ transmitter locations may not be available in all areas, nor are they able to serve every location within any given area due to quality signal limitations. You authorize True802™ to make inquiries and to receive information about your credit experience from others, enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes. Required Equipment: You understand and agree that the Services require certain equipment provided by you, such as a personal computer, an Ethernet device, if required, and an appropriate operating system ("Customer Equipment"), as well as certain equipment that may be provided by True802™, such as software, external wiring and/or other equipment installed by True802™ ("True802™ Equipment"). If the equipment associated with the True802™ Services is owned by True802™ and leased to you, such equipment is True802™ Equipment. If you have purchased the equipment yourself (whether from True802™ or from a third party) such equipment is Customer Equipment. (The True802™ Equipment and Customer Equipment are sometimes referred to collectively herein as "Equipment") If you purchase your own equipment, it must meet the compatibility requirements established by True802™. True802™ reserves the right to provide the Services only to the extent that you use equipment compatible with the Service. Whether the equipment is Customer Equipment or True802™ Equipment, True802™ has the unrestricted right, but not the obligation, to upgrade or change the Equipment at any time that True802™, in True802™'s sole discretion, determines is necessary or desirable. True802™ may perform such upgrades or changes remotely or on the premises at which the Services are provided ("Premises"), as True802™ determines in its sole discretion. You agree not to use the True802™ Equipment for any purpose other than to use the Services pursuant to this Agreement. You represent that you own the Customer Equipment or otherwise have the right to use such Customer Equipment in connection with the Services. True802™ shall have no obligation to provide, maintain or service the Customer Equipment. The current minimum technical and other requirements for Customer Equipment (including without limitation required computer hardware) in connection with the Services are posted on True802™'s web site at www.true802.com. These minimum requirements may be revised by True802™ from time to time. If you proceed with the installation of or use the Services in conjunction with Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), you agree that: (i) you will not be entitled to customer support relating to any issues other than the quality of the signal delivered; and (ii) the following limitation of liability shall apply: NEITHER TRUE802™ NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. NEITHER TRUE802™ NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT.
Customer authorizes TRUE802™, its employees, agents, contractors and representatives to enter the Premises in order to install, maintain, inspect, repair or remove the Equipment, whether such Equipment is TRUE802™ Equipment or Customer Equipment. The Customer authorizes the removal or replacement of any True802TM Equipment located at the Customer’s premise as True802TM finds to be appropriate. TRUE802™ will conduct these services at a time mutually agreeable to both parties. In the event that Customer Equipment is utilized in lieu of True802TM Equipment, including but not limited to such equipment as broadband router, wireless routers, wireless modems, wireless radios, or any fixed wireless equipment, then said Equipment is to remain under True802TM sole control throughout the duration of its use in utilizing True802TM provided services. By using the Services, you warrant that you are the owner of, or a tenant in, the Premises, and that you have the authority to enter into this Agreement. If you are not the owner of the Premises, upon request, you will supply us with the owner's name and address, evidence that you are authorized to grant access to the Premises on the owner's behalf and (if requested by True802™) written consent from the owner of the Premises. You agree to indemnify, defend and hold harmless True802™ and its affiliates and agents against all claims and expenses (including, without limitation, reasonable attorney fees) arising out of any breach of this paragraph.
Customer agrees not to make any changes to nor to relocate the TRUE802™ Equipment or the Customer Equipment while receiving the Services. Upon a Customer’s request and at additional cost, TRUE802™ will arrange, in a timely manner, to relocate the Equipment within the Customer’s Premises or to another premise within a TRUE802™ serviced area, but additional charges may apply, at True802™'s sole discretion. If you change residences or cancel the Services, you must contact True802™ for additional information concerning canceling the Services, the possibility, costs and procedures for transferring the True802™ Equipment and Services to your new residence.
You agree to pay all charges and fees associated with the use of the Service, which charges may include, without limitation, monthly service fees, charges for the use of True802™ Equipment, installation charges, charges for service calls and other charges. In addition, you agree to pay all applicable federal, state and local fees and taxes. A copy of the fees and charges applicable on the date of installation of the Services were delivered or available to you at the time of installation. You acknowledge receipt of this price list. The current applicable schedule of fees and charges is posted on True802™'s web site at www.true802.com. True802™ shall have the right to change the amount of fees and charges from time to time, at its sole discretion and upon reasonable advance notice. Monthly service, equipment and other fees shall be payable monthly in advance. Installation and other charges will be billed according to our then current billing policies. If we receive partial payment of any invoices, we will apply such payment in the amounts and proportions to the outstanding charges as we determine. Our acceptance of any partial payment by you does not mean that we waive our rights to collect the full balance owed to us. Customer must (1) provide TRUE802™ with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to TRUE802™ all changes to this information within ten (10) days of the change. Customer is responsible for any True802TM provided service charges to their account. Subject to applicable law, you must notify us of any billing errors or other requests for refund within sixty (60) days of the date on which the error occurred. If authorized by you, True802™ shall charge all amounts payable by you to True802™ pursuant to this Agreement to your credit card in accordance with the credit card information provided by you. By providing a credit card number to us, you authorize us to continue charging the credit card for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees) payable to True802™, and any other charges incurred by you and payable to True802™ pursuant to this Agreement, until this Agreement is terminated. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate. You agree to inform us immediately of any change in credit card information (including without limitation a change in expiration date). Your card issuer agreement governs use of the credit card in connection with the Services, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If True802™ does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us. Payment options vary among True802TM service areas. The Customer elects one of the available payment methods at the time of installation. Upon 30 days prior notice to True802TM, Customer may elect to change billing options. Electronic means of payment are preferred by True802TM, but more traditional options may be available in some areas. True802TM reserves the right to require one (1) month advance service payment, depending on the Customer selected payment method. You agree to pay True802™, as set forth in this Agreement, for any fees or charges due to True802™, including any administrative late fee(s) and related fees, charges and assessments due to late payments or non-payments. If True802™ does not receive any required payment from you by the date on which the payment is due, or you pay less than the full amount due True802™, you may be charged such fees, charges and assessments and the Services may be disconnected. If the Services are disconnected, in addition to the rights and remedies of True802™ under this Agreement or otherwise, you may be required to pay a reconnect fee in addition to all past due charges before the Services are reconnected. Any administrative late fee(s) and related fees, charges and assessments due to late payment and nonpayment are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments or non-payments by our customers, which costs will not be readily ascertainable, and will be difficult to predict or calculate, at the time that such administrative late fee(s) and related charges are set because it would be difficult to know in advance: (a) whether you will pay for the Services on a timely basis, (b) if you do pay late, when you will actually pay, if ever, and (c) what costs we will incur because of your late payment or non-payment. You may avoid these fees and other separate or additional charges relating to late payment and non-payment by complying with the payment provisions of this Agreement and by complying with True802™'s current billing policies. If you fail to pay for the Services when due (because of a failure to comply with the payment provisions of this Agreement or for any other reason), you agree to voluntarily pay all administrative late fee(s) and related fees, charges and assessments due to late payment and non-payment. True802™ does not extend credit to customers and the administrative fee(s), related fees, charges and assessments are not interest, a credit service charge or a finance charge. True802™'s late fee practices may be revised to comply with applicable state or local laws, rules or regulations. If we are required to use a collection agency or attorney to collect money owed by you or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees and arbitration or court costs. TRUE802™ is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, insufficient funds etc.) resulting from payment by you for charges billed by TRUE802™. In the event that this occurs, any related charges incurred by True802TM (e.g., banking surcharges or bounced check charges), the Customer is solely responsible for payment of the charges in addition to the applicable True802TM monthly service charges, before True802TM service will be restored at the Customer’s premise. True802TM reserves the right to interrupt any and all Services provided to any customers that have delinquent accounts without prior notice. It is the customer’s responsibility to resolve the delinquent account and any associated charges in a timely manner. If the account remains delinquent for greater than thirty (30) days, then True802TM reserves the right to charge the Customer a reactivation fee.
Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Services, as these agreements may be amended from time to time. All such agreements are incorporated in this Agreement by reference. All end user licenses will terminate upon the termination of this Agreement, and, at such time, you shall destroy all versions and copies of all software received by you in connection with the Service.
True802™ does not claim any ownership of any material that you publish, transmit or distribute using the Services. By using the Services to publish, transmit or distribute material or content, you (i) warrant that the material or content complies with the provisions of this Agreement, (ii) consent to and authorize True802™, its agents and representatives to reproduce, publish, distribute and display the content worldwide and (iii) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using the Services may be copied, republished or distributed by third parties, and you agree to indemnify, defend and hold harmless True802™ and its agents and representatives for any harm resulting from these actions.
Upon registration, Customer will receive a username and password. The Customer is the only authorized Customer of their TRUE802™ account, except if expressly specified otherwise in the Customer’s service plan and Customer must comply with this Agreement. Customer shall keep the username and password confidential so that no one else may access the Services through the Customer’s account. Please notify TRUE802™ if the Customer’s account security is found to be compromised. Usernames and passwords are TRUE802™s property and TRUE802™ may alter or replace them at any time.
TRUE802™ has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if TRUE802™, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY TRUE802™, TRUE802™ DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU, MAY BE UNSUITABLE FOR CHILDREN, MAY VIOLATE FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS OR MAY VIOLATE YOUR PROTECTED RIGHTS OR THOSE OF OTHERS. TRUE802™ HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET. NEITHER TRUE802™ NOR ITS AGENTS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. QUESTIONS OR COMPLAINTS REGARDING CONTENT OR MATERIAL SHOULD BE ADDRESSED TO THE CONTENT OR MATERIAL PROVIDER. YOU ACKNOWLEDGE THAT SOFTWARE PROGRAMS CLAIMING TO BE CAPABLE OF RESTRICTING ACCESS TO SEXUALLY EXPLICIT MATERIAL ON THE INTERNET ARE COMMERCIALLY AVAILABLE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE EFFECTIVENESS OF SUCH PROGRAMS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED. TRUE802™ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, AND OTHERWISE), SHALL TRUE802™ AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTRACTORS HAVE ANY LIABILITY TO CUSTOMER OR TO ANY PERSON OR ENTITY FOR (i) ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICES, THE EQUIPMENT OR THE INTERNET, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, TREBLE, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICES OR THE EQUIPMENT OR CUSTOMER'S RELIANCE ON OR USE OF THE EQUIPMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE EQUIPMENT OR THE SERVICES; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE EQUIPMENT OR THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.. IN ANY EVENT, TRUE802™'S CUMULATIVE LIABILITY SHALL BE THE PARTICULAR 30-DAY MONTHLY ACCESS FEE APPLICABLE TO ANY PARTICULAR ALLEGED CLAIM OR INCIDENT. TRUE802™ WARRANTS THE INSTALLATION AT THE CUSTOMER LOCATION FOR 6 MONTHS BEGINNING ON THE DATE OF INSTALLATION. DURING THAT PERIOD, TRUE802™ WILL REPLACE ANY COMPONENT RELATED TO THE SERVICES BEING PROVIDED WHICH MAY INCLUDE ANTENNAS, CABLE OR DEVICE RELATING TO THE SERVICES IF THE EQUIPMENT IS TRUE802™ EQUIPMENT. The installation, use, inspection, maintenance, repair and removal of the True802™ Equipment and certain Customer Equipment used in connection with the Services may result in service outage or potential damage to your computer(s) and other Customer Equipment. Except for gross negligence or willful misconduct by us, neither True802™ nor any of its affiliates or agents shall have any liability whatsoever for any damage, loss or destruction to the Customer Equipment (including without limitation your computer(s) and peripherals). In the event of such gross negligence or willful misconduct by True802™, at our sole discretion we shall pay for the repair or replacement of the damaged parts up to a maximum of $1,000.00, and this shall be your sole remedy relating to such activity. In addition, as part of the installation process for the software and other components of the Service, system files on your computer may be modified. True802™ does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files or data. FOR THESE AND OTHER REASONS, IT IS RECOMMENDED THAT YOU BACK-UP ALL FILES AND DATA TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE ASSOCIATED RISKS OF ANY DECISION BY YOU NOT TO DO SO. NEITHER TRUE802™ NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. In addition, the opening of your computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software. You understand that your computer may need to be opened, either by you or by us or our agents, in connection with the installation or repair of the Service. NEITHER TRUE802™ NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. You acknowledge that we may use the services, equipment and infrastructure and content of others in providing the Services and that third parties may provide components of the Services. We are not responsible for the performance (or non-performance) of such services, equipment, infrastructure or content of others whether or not they constitute components of the Services. In addition, you understand that you will have access to the services and content of third parties through the Services, including without limitation that provided by content providers (whether or not accessible directly from the Service). Services, equipment, infrastructure and content that are not provided by us (even if they are components of the Service) are not the responsibility of True802™, and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the creators of such services, equipment, infrastructure and content. We do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Service. No undertaking, representation or warranty made by an agent or employee of True802™ or our underlying third party providers in connection with the installation, maintenance, or provision of the Services which is inconsistent with the terms of this Agreement shall be binding on True802™. The limitations of liability set forth in the foregoing section entitled "Disclaimer Of Warranties And Limitation Of Liability" apply to the acts, omissions and negligence of True802™ and its underlying third party providers (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Some states do not allow the exclusion or limitation of implied warranties, and some states do not allow the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such states, the liability of True802™ and its agents and representatives is limited to the maximum extent permitted by the applicable state law.
The True802TM Web site on the World Wide Web at the domain "http://www.true802.com" or any other site operated by TRUE802™ is a complimentary information service offered by TRUE802™. True802TM may provide links on the Web site to other Web sites that are not under True802TM control. These links are provided for convenience only and are not intended as an endorsement by TRUE802™ of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site. In addition, the Services will allow you to access the Internet, content providers, providers of services, on-line services and other information. You acknowledge that you may incur charges on account of such access or usage through the Services separate and apart from the amounts charged by True802™. In addition, you may incur charges as a result of accessing on-line services or purchasing or subscribing to other offerings via the Internet or otherwise. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information provided in connection with such transactions.
Customer of the Services and users of this Web site agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. True802™ does not actively monitor the use of the Services under normal circumstances. Similarly True802™ does not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, True802™ may remove, block, filter or restrict by any other means any materials that, in True802™’s sole discretion, may be illegal, may subject TRUE802™ to liability or may violate this AUP. TRUE802™ may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or TRUE802™ account or other actions as detailed below. The following constitute examples (but not by way of limitation) of violations of this AUP. The Customer agrees to not use the Services, the True802™ Equipment or the Customer Equipment to:
TRUE802™ requests that anyone who believes that there is a violation of this AUP direct the information to: info@TRUE802.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. TRUE802™ may take any responsive actions they deem appropriate, in True802™'s sole discretion, if the Services are used in a way that True802™, in its sole discretion, believes violates this AUP: (1) issue warnings: written or verbal; (2) temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions; (3) suspend the Customer's account; (4) terminate the Customer's account; (5) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Neither True802™ nor its agents or representatives will have any liability for any of these responsive actions. These actions are not True802™'s exclusive remedies, and True802™ may take any other legal or technical action it deems appropriate. You agree to indemnify, defend and hold harmless True802™ and its affiliates, suppliers and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or of any other posted True802™ policy related to the Services. Your indemnification will survive any termination of this Agreement.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If the Customer is dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines or practices, the Customer’s sole and exclusive remedy is to discontinue using the Services and terminate their account.
The Customer may terminate their account at any time and for any reason by providing notice of intent to terminate to True802™'s at least ten (10) business days prior to the end of its billing cycle. Customer termination will only be complete upon its receipt of a cancellation confirmation from True802™'s. If a termination notice is received at least ten (10) business days prior to the end of their current billing cycle, termination of their account will be effective at the end of the then current billing cycle. If a termination notice is received less than ten (10) business days prior to the end of their current billing cycle, charges to their account may continue until the end of the following billing cycle. Should the Customer signup for an annual service plan and receive discounts such as free service, reduced installation fee, or reduced monthly service charges as part of a promotional offering, Customer may be liable for pro-rated charges resulting from early termination unless Customer provides evidence that termination is due to incidents beyond Customer's control, such as military transfers to a region not covered by True802TM. For instance, should Customer receive the first month free for signing up for an annual service plan then terminate after three months, Customer would owe 3/12ths of the regular monthly service charge for their rate plan. Notwithstanding anything set forth herein to the contrary, without prior notice, True802™'s may terminate this Agreement, Customer password, Customer accounts or Customer use of Services, for any reason, including, without limitation, if TRUE802™, in its sole discretion, believes the Customer has violated this Agreement or any of the applicable Customer policies, or if it fails to pay any charges when due. True802™'s may provide termination notice to Customer by: email addressed to its email account or by Mail or courier service to the address Customer provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections of this Agreement relating to (1) Customer payment obligations, (2) Customer account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement.
Customer may not assign Customer's rights under this Agreement without True802™'s prior written consent.
If you and True802™ are unable to resolve informally any claim or dispute related to or arising out of this Agreement or the Services and/or True802™ Equipment provided hereunder, any such dispute or claim shall be resolved by an arbitration organization of TRUE802™’s choosing. You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to the paragraph of this Agreement entitled "Fees / Payment Obligations of Customer"), or you waive the right to pursue a claim based upon such event, facts or dispute. The arbitration shall take place in the State of Indiana, USA and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. YOU ARE RESPONSIBLE FOR ALL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESSES OR ATTORNEYS. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. You and True802™ agree that the following will not be subject to arbitration: (1) any claim filed by True802™ to collect outstanding balances for unpaid Services or the theft of any Services or Equipment; (2) any dispute over validity of either party's intellectual property rights or our licenses to operate our business; and (3) any dispute involving violations of 18 U.S.C. '' 2510-2521.
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, USA without regard to its conflicts of law provisions. Customer consent to the personal jurisdiction of the federal and state courts having jurisdiction in Indiana, USA with respect to all disputes arising out of this Agreement, its use of the Services or otherwise between Customer and TRUE802™. Any cause of action the Customer may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement, the Privacy Policy and TRUE802™'s other Customer policies posted on TRUE802™'s Web site constitute the entire agreement between the Customer and TRUE802™ with respect to Customer use of the Services. TRUE802™ may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner. TRUE802™'s failure at any time to require strict performance by Customer or any other licensees of any of the provisions herein shall not waive or reduce TRUE802™'s right to thereafter require strict compliance with any provisions of this Agreement. 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 the remainder of the provisions shall remain in full force and effect.
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