This agreement (the “Agreement”)
is a contract between you, HotPoint Wireless, Inc. (“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.
Licensor (NetNearU
Corp.) 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: Assisting,
on a limited basis, wireless card configuration support
- Providing
information regarding account cancellations
- Assisting
with username and password inquiries
- Assisting
with billing and refund inquiries
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.
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.
- 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.
Note: You understand additional roaming fees may be
charged if you initiate a session in a location where
roaming fees apply.
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.
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.
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.
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.
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.
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.
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.
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.
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.
