The Terms of Service in this Agreement (the “Agreement”) are entered into by and between the subscriber (“you,” “your” or “customer”) and Win Wireless, the contracting supplier of Internet access Service (“Company,” “us” or “we”). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order/subscription; (b) your you are accepting the terms and conditions electronically during the ordering process; or (c) your use of the service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the service.
Win Wireless is a company that sells technology and communication Products and Services in consideration of the mutual covenants and agreements contained herein; Win Wireless desires to sell Products and Services to Customer and Customer desires to purchase Products and Services from Win Wireless, subject to the terms and conditions set forth below; and The purpose of this Agreement is to define the relationship between Win Wireless and Customer; and provide the specific terms and conditions relative to that relationship.
Win Wireless grants Customer a non-transferable and non-exclusive right during the applicable Service Term to access and use the Services according to the applicable Order and Product or Service descriptions, including prices, and according to the existing network coverage. Details and conditions regarding the Products and Services provided or sold by Win Wireless are contained in the applicable Order and/or the specific Service and Product description. Information regarding the availability of Services is always provided on a non-binding basis. Customers acknowledge that the Products and Services can only be supplied if all the contractual and technical conditions have been fulfilled.
ACCEPTANCE OF AGREEMENT
Use of Win Wireless’s services and the access of your Internet account by you as a Win Wireless customer and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use Win Wireless’s service, including but not limited to access to the Internet, and continues until the service is terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
Google Terms of Service
As a Win Wireless customer, you agree to the terms of service that are located at http://www.google.com/a/help/intl/en/users/terms.html
CELLULAR SERVICE DATA ONLY PROVIDER
Service is provided in conjunction with an underlying cellular service provider, which may be your local cellular provider. The cellular service provider retains the right to cancel the service before or after installation at its sole discretion at any time. The application of certain terms herein vary depending on whether the cellular service for a subscriber is provided by wireless service provider. Win Wireless provides cellular access line for a subscriber by available Networks.
SUBSCRIBER INFORMATION
You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Win Wireless relies on the information you supply and that providing false or incorrect information may result in additional fees, product/service delays or the suspension or termination of your service. You agree to promptly notify Win Wireless whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.
GENERAL PRICING AND FEES
Win Wireless’s prices are shown in the Pricing Schedule, and you will be charged based on the plan and options you select during the ordering process. Subscriptions are offered on a month-to-month basis. Subscribers will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such monthly subscribers at the time of order. However, such monthly prices are subject at any time to increase to Win Wireless’s then current prices.
PAYMENT, LATE FEES AND OTHER CHARGES
There is no money back guarantee for any services unless specified in writing as part of a marketing promotion. There are no pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Win Wireless Service Plans are prepaid only. Win Wireless bills for services in advance. If a subscriber does not pay their monthly subscription fee, such subscriber will incur a LATE FEE of ten dollars ($10) and Win Wireless may deny, discontinue, suspend or otherwise terminate such customer’s service until full payment is received. Customers are responsible for any disputed charges beyond sixty (60) days from the date of the charge.
BILLING
All billing is done electronically. All subscribers enrolled in automatic billing will be charged automatically for each billing period on their respective due date with their selected payment method. Customers not enrolled in automatic billing must pay total amount due with an accepted payment method. Accepted payment methods include Visa, Mastercard, American Express, Discover, and PayPal. If you dispute a valid credit card charge levied by Win Wireless, your account with Win Wireless will be immediately disabled and you may be charged a twenty-five dollar ($25.00) service charge.
RATE CHANGES
Win Wireless reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to email Win Wireless a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and Win Wireless, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
PRICING
In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against Win Wireless by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. When possible, Win Wireless will break out such charges on the monthly invoice. Any account which goes into collection status will be transferred to a third-party collection agency and might incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges, which the subscriber agrees to pay. Subscribers might incur a twenty-five dollar ($25.00) charge on disputed credit card charges and credit card chargebacks. All billing disputes should be directed to the Billing Department. Any billing disputes done through a financial institution can result in the immediate cancellation of the account for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied. The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by Win Wireless. Under no circumstances will Win Wireless be held liable for fees incurred by the subscriber’s financial institution. Service will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid. Subscribers/customers can request cancellation via the following: Additionally, any Internet activity, which references back to Win Wireless or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to Win Wireless or an account or service provided by Win Wireless will result in immediate termination, possible prosecution, and assessment of legal fees accrued. Additionally, any Internet activity, which references back to the Cellular Service Provider or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Cellular Service Provider or an account or service provided by the Cellular Service Provider will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
COMPLIANCE WITH LAWS
Each Party will comply with all applicable Laws and the Operating Regulations, governmental requirements, and industry standards, including those with respect to privacy, data protection, portability, jurisdictional nexus, HIPAA, or accountability, applicable to such Party or its personnel with respect to Software, Services, and Products in the performance of its obligations under this Agreement. The Parties agree to adhere to the Laws and Operating Regulations in place at the time of signing, during the term of this agreement, and for the term required by any governmental authority after the termination of this agreement. Neither Party will, nor permit any third parties to, export, re-export, or release, directly or indirectly, any Controlled Technology to any country or jurisdiction to which the export, re-export, or release of any Controlled Technology (a)is prohibited by applicable Law or (b)without first completing all required undertakings (including obtaining any necessary export license or other governmental approval). Non-compliance with any laws under the terms of this Agreement is a material breach of this Agreement. The Parties agree that Win Wireless or its agents may adjust pricing for changes in cost of compliance with future laws or regulations enacted by any government authority.
SERVICES
Win Wireless will provide you with cellular broadband data only access to the Internet with an accompanying Service Plan, subject to the terms and conditions set forth herein (the “service”). Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until the device(s) is (are) delivered and tested for a few weeks before assuming that service will be available and of good quality.
EQUIPMENT
Modems, routers, modem/routers, gateways, antennas, and cables are available for order from Win Wireless. Modems, routers, modem/routers, and gateways are offered on lease to end users and must be returned for account cancellation. End users can provide their own equipment, but Win Wireless will be unable to provide any technical support for end user provided equipment. In addition, Win Wireless cannot guarantee that an end user provided equipment will work with Win Wireless’s services.
SOFTWARE
In connection with our provision of the service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Win Wireless or third party licensors, circuit providers, and suppliers, and which may be provided free or for a fee, including client and/or network security software (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the service and for no other purpose. The Software may be accompanied by an end user license agreement from Win Wireless or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
TERM
This Agreement is effective as provided above and shall continue until terminated by the subscriber or Win Wireless pursuant to this Agreement. Each Monthly subscriber is on renewing monthly terms beginning on the first day of the customer billing cycle. The billing cycle is defined as the date when the customer first signed up for service.
TERMINATION BY SUBSCRIBER
Customers may terminate this Agreement at any time for any reason by providing Win Wireless with a thirty (30) day notice in the form of a phone call or other valid written termination request as determined by Win Wireless; returning their modem(s), router(s), modem/router(s), gateway(s) (if ordered from Win Wireless); and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Win Wireless receives customer’s phone request, or other valid written termination request. A Monthly subscription termination will be effective on either (a) the last day of the current monthly billing cycle, or (b) thirty (30) days after the receipt of the phone or valid written termination request.
Via phone at 480-243-8700 – Via email to – win@win-wireless.com
TERMINATION BY CELLULAR SERVICE PROVIDER
If, in the Cellular Service Provider’s sole discretion, (a) a subscriber is in breach of the Acceptable Use Policy; (b) a customer’s use of the services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a subscriber acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a subscriber’s service; or (e) the Cellular Service Provider for any reason ceases to offer the service, then the Cellular Service Provider at its sole election may terminate or suspend such subscriber’s service immediately without notice. For a termination in accordance with this paragraph, subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.
TERMINATED SUBSCRIBER
Win Wireless, in its sole discretion, may refuse to accept a customer’s application for renewal following a termination or suspension of such customer’s use of service. If a customer’s service is terminated for any reason, such subscriber, upon approval by Win Wireless, may enter into a new Agreement and must pay a new setup or activation fee when applicable. Upon the termination of a subscriber’s use of the service, Win Wireless has the right to immediately delete all data, files and other information stored in or for the subscriber’s account without further notice to the subscriber.
SPEED OF SERVICE
Speed rate for the service depends upon the subscriber’s cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Win Wireless does not offer, disclose, or guarantee minimum speeds. All services are provided on an AS IS basis and throughput speeds are not guaranteed. The devices utilized by Win Wireless to provide Internet services are engineered for up to 500 Mbps download speeds and 100Mbps upload speeds. However, Win Wireless cannot guarantee a 500 Mbps download speeds or 100Mbps upload speed if the cellular service provider, their facilities, or the customer’s service location are unable to support this connection speed.
INSTALLATION
Win Wireless does not provide professional installation for its products/services. If a subscriber requires a Professional Installation, it is the subscriber’s responsibility to hire a third-party technician. Faulty or malfunctioning equipment is not grounds for cancellation of your contract. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through Win Wireless. Win Wireless may not provide nor is it responsible for any special equipment not purchased through Win Wireless.
CUSTOMER OWNED EQUIPMENT
If a subscriber supplies their own equipment, which may include modems, routers, antennas, and/or cables, the subscriber assumes the risk of service incompatibility. Incompatible service equipment shall not relieve the subscriber from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if the subscriber’s service is down during such periods of troubleshooting.
LIMITATIONS OF SERVICE
If you have not purchased a dedicated subscription(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Win Wireless reserves the right to disconnect users for excessive or exorbitant usage. Win Wireless and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Win Wireless’s policies. These parameters may be changed at any time at Win Wireless’s discretion. If you require a dedicated connection, you should notify Win Wireless.
TECHNICAL SUPPORT
Win Wireless will provide reasonable Technical Support for its products and services. Win Wireless assumes that the subscriber has a basic understanding of their computer. Win Wireless will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third-party Software. Win Wireless is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the subscriber’s responsibility to initiate and be available for technical support during Win Wireless’s hours of operation. If a subscriber wishes to utilize Win Wireless’s technical support, he/she must be available to help troubleshoot the connection or computer setup. Win Wireless does not provide on-site technical support. Subscribers understand and agrees that any technician or other person dispatched to troubleshoot his/her equipment/service is not an employee or agent of Win Wireless and Win Wireless is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person. Inappropriate utilization, excessive calling or abuse of Win Wireless technical support will not be tolerated and may result in service termination with the Customer responsibility for full payment for services.
IP ADDRESSES
Win Wireless’s internet service relies on dynamic IP addresses. Win Wireless may choose to assign any subscriber a new IP address at any time. Customers in need of static IP service must notify Win Wireless prior to placing order for service through Win Wireless. Static IP service may be offered via Win Wireless or a third-party service provider. Win Wireless is not responsible for third-party Static IP service providers.
ACCEPTABLE USE
Subscriber agrees to use the Internet Service in accordance with Win Wireless’s published Acceptable Use Policy.
PRIVACY POLICY
Win Wireless will treat each subscriber’s personal information in accordance with Win Wireless’s published Privacy Policy. Customers and subscribers agree to the terms of the Privacy Policy. Win Wireless reserves the right to make changes to the Privacy Policy without notice.
SENDING OUT BULK OR UNSOLICITED EMAIL
The use of your service to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of Win Wireless.
RESALE OF SERVICES/SUBSCRIPTION
Customers are not permitted to resell or redistribute their subscription to other parties.
LINKS
Win Wireless or third parties may provide links to websites other than win-wireless.com or other resources. Because Win Wireless has no control over such websites and resources, you acknowledge and agree that Win Wireless is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Win Wireless will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
INDEMNIFICATION
You agree to protect, defend, indemnify and hold harmless Win Wireless and its partners or affiliates from and against all liabilities, losses, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the service); (b) the use of the subscription, the services, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the subscription services); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the subscription, the service, the Software, the Equipment or the Internet.
REVISIONS
Win Wireless may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the service) by posting such revisions to our website at https://win-wireless.com Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the service for subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the subscription services after revisions are in effect, a subscriber accepts and agrees to the revisions and to abide by them. Any subscriber who does not agree to the revision(s) must terminate their service immediately.
ASSIGNMENT
You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. Win Wireless may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
CHOICE OF LAW
You agree that this service is governed by the Laws of the State/Province in which Win Wireless resides and operates. You agree that the County in which Win Wireless is located shall be the forum for any legal action relating to the services provided.
COMPLIANCE
Win Wireless’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
POLICY ENFORCEMENT
Win Wireless reserves the right to take whatever actions we deem appropriate to enforce these policies. Win Wireless also reserves the right to change these policies without prior notice at any time. The actions Win Wireless takes may include account suspension or termination. Win Wireless does not issue any credits for accounts cancelled due to policy violations. Win Wireless reserves the right to refuse service to anyone at anytime for any reason.
THINGS BEYOND Win Wireless’s CONTROL
Win Wireless will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
ENTIRE AGREEMENT
This Agreement, including all policies posted on Win Wireless’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Win Wireless with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
NOTICE
Notices by Win Wireless to you shall be deemed given: (a) when sent to your email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
SURVIVAL
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.
WARRANTIES AND LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY Win Wireless (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). Win Wireless (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Win Wireless OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Win Wireless TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
WIN WIRELESS DOES NOT WARRANT OR GUARANTEE THAT INTERNET SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF Win Wireless HAS ACCEPTED YOUR ORDER. THE PROVISIONING OF INTERNET SERVICE IS SUBJECT TO SERVICE AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, SERVICE LOCATION AND COVERAGE, THE CONDITION OF YOUR ANY WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR PREMISE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR Win Wireless SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY Win Wireless-PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT). ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. Win Wireless SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY Win Wireless DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY Win Wireless WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. Win Wireless SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Win Wireless MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. Win Wireless MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICES, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, SUBSCRIPTION, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE SUBSCRIPTION, SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL Win Wireless (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICES OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Win Wireless HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF Win Wireless SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SUBSCRIPTION(EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY WIN WIRELESS OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING Win Wireless’S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO Win Wireless’S THIRD PARTY LICENSORS, AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH Win Wireless (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), WIN WIRELESS’S THIRD PARTY LICENSORS, WIN WIRELESS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Win Wireless RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SUBSCRIPTION.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS Win Wireless (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING Win Wireless (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF Win Wireless (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
Modem Warranty
Any device or modem supplied and distributed by Win Wireless and delivered new, in the original carton to the original consumer purchaser, is warranted by Win Wireless against manufacturing defects in materials and workmanship for a limited warranty for a period of 90 days from the date of purchase.
Warranty Features
During the warranty period, Win Wireless will, at its sole discretion,
1) Provide phone, mail or e-support access to assist in solving issues. Phone support is available during normal business hours.
2) Repair (at Win Wireless’s own or at a Win Wireless’s authorized service centers), or replace (using new or refurbished replacement parts or products) any defect within a reasonable period of time and free of charge. If factory repair service is needed, the customer shall bear the cost and insurance for delivery of the returned products or parts to Win Wireless’s service center. Win Wireless will not pay for any shipping charges; the repaired products or parts will be shipped back to the customer and the customer will bear the cost of shipping.
3) You MUST contact us by calling customer support at 480-243-8700 before returning equipment – if you return equipment without contacting us for an RMA (Return Merchandise Authorization) there will be an automatic line management fee that is applicable to all items being returned for a refund. We are NOT obligated to offer full or partial refunds for returns WITHOUT an RMA number. RMA numbers will be issued by a customer support representative and will be recorded on your account.
Warranty Coverage
This limited warranty begins on the original date of purchase and is valid only on products purchased directly from Win Wireless or through Win Wireless’s authorized partners. To receive warranty service, the purchaser must contact Win Wireless for problem determination and service procedures. Warranty service can only be performed by Win Wireless authorized service centers. The original dated bill of sale must be presented upon request as proof of purchase to Win Wireless or Win Wireless’s authorized service center. Win Wireless will repair or replace this product, at our option and at no charge as stipulated herein, with new or refurbished parts or products if found to be defective during the limited warranty period specified above. All replaced parts and products shall become the property of Win Wireless and must be returned to Win Wireless. The repaired or replaced parts or products assume the remaining original warranty.
Exclusion from Warranty
Win Wireless does not warrant uninterrupted or error-free operation of the product and shall not be liable for the loss or destruction of data or media resulting from the use or service of this product. Win Wireless is not liable for any form of direct, indirect, or consequential loss suffered by a customer during any downtime. The purchaser is cautioned that product performance may be affected by installation, system configuration, software, applications, equipment compatibility, purchaser data and operator control of the system, among other factors, and it is the purchaser’s responsibility to determine the functional implementation. Win Wireless does not condone the use of any communication equipment without a valid SIM card that has an authorized plan to be used in a modem device. Failure to use the proper rate plan for modem devices will cause your device to lose connection and may be subject to IMEI blocking by the common carrier. Win Wireless does not promote the use of unauthorized SIM cards to circumvent the common carrier nor will a non-working unauthorized SIM card be a reason for warranty assistance. Not all SIM cards will work with Win Wireless devices. Please check with your common carrier first before purchasing.
Win Wireless’s obligations with respect to software products distributed by Win Wireless are set forth in the applicable end user license agreement. Non- Win Wireless hardware and software products, if provided, are on an “AS IS” basis. Non- Win Wireless manufacturers, suppliers, publishers, and service providers may provide their own warranties.
Win Wireless is not responsible for access equipment, traffic management or authority to grant access.
Unless given a written agreement, this limited warranty does not apply to consumables, including but not limited to filters, fans, batteries, fuses, plugs, connectors, networks, fiber optic cables, cables, power cables, signal cables, aviation connectors, and other wire and connections.
This limited warranty covers manufacturing defects in materials and workmanship encountered in normal use, and except to the extent otherwise expressly provided for in this statement, shall not apply to the following, including, but not limited to: damage which occurs in shipment; delivery and installation; improper handling or storage; applications and uses for which this product was not intended; altered product or serial numbers; cosmetic damage or damage to the exterior finish; accidents; abuse; neglect; fire, oil, water damage resulting from use of the product outside of its intended use or not in accordance with product specifications; use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by Win Wireless, or which damages this product or results in service problems; incorrect electrical line voltage, fluctuations and surges; customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions that are covered and prescribed in the instructions, user manuals or other requirements; product removal or reinstallation; reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; natural loss of brightness and color under normal conditions, or burned-in images; normal degradation in the performance of the Product, normal wear and tear.
General Terms
This limited warranty is a standard application of Win Wireless. No other third party (including any agent, distributor, or sales representative) is authorized to make any representations or warranties that are different from this limited warranty. Unless otherwise confirmed by Win Wireless in written forms of contract or other documents, any warranty clauses that conflict with this limited warranty shall be deemed to be automatically invalid. Final power of interpretation of this limited warranty shall be vested in Win Wireless.
Limitation of liability
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON WIN WIRELESS. WIN WIRELESS SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF WIN WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL RECOVERY OF ANY KIND AGAINST WIN WIRELESS BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY WIN WIRELESS AND CAUSING THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO PURCHASER AND PURCHASER’S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT SOLD BY WIN WIRELESS NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF WIN WIRELESS. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NON-TRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
Acceptable Use and Privacy Policy
IMPORTANT NOTICE: Win Wireless may revise this Acceptable Use and Privacy Policy without notice. Win Wireless subscribers and users of Win Wireless’s services are recommended to consult this page regularly to ensure that their usage and activities conform to the most recent version of Win Wireless’s acceptable use policy. In the event of a conflict between any agreement and this policy, the terms of this policy will govern. Win Wireless provides services for Internet Services that allow its customers to connect to the Internet through a high-speed cellular internet access connection. The internet services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the Internet Services therefore is subject to the rules and guidelines set forth below. Each customer of Win Wireless’s service is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE INTERNET SERVICES AND NOTIFY Win Wireless SO THAT THE USER’S ACCOUNT MAY BE CLOSED.
While using our service, we may ask you to provide Win Wireless with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Email address; First name and last name; Phone number; Address, State, Province, ZIP/Postal code, City; Usage Data
USAGE DATA. Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
USE OF YOUR PERSONAL DATA. Win Wireless may use Personal Data for the following purposes: To provide and maintain our Service, including to monitor the usage of our Service; To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user; For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service; To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation; To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information; To manage Your requests: To attend and manage Your requests to Us; For business transfers: Win Wireless may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred; For other purposes: Win Wireless may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Win Wireless may share Your personal information in the following situations: With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You; For business transfers: Win Wireless may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company; With Affiliates: Win Wireless may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us; With business partners: Win Wireless may share Your information with Our business partners to offer You certain products, services or promotions; With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside; With Your consent: Win Wireless may disclose Your personal information for any other purpose with Your consent.
RETENTION OF YOUR PERSONAL DATA
Win Wireless will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Win Wireless will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Win Wireless will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
TRANSFER OF YOUR PERSONAL DATA
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
Win Wireless will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
DISCLOSURE OF YOUR PERSONAL DATA
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Win Wireless may disclose Your Personal Data in the good faith belief that such action is necessary to: Comply with a legal obligation; Protect and defend the rights or property of the Company; Prevent or investigate possible wrongdoing in connection with the Service; Protect the personal safety of Users of the Service or the public; or Protect against legal liability.
SECURITY OF YOUR PERSONAL DATA
The security of Your Personal Data is important to Win Wireless, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
PAYMENTS
Win Wireless may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
PROHIBITED USES AND ACTIVITIES
The Policy prohibits uses and activities involving the Internet Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Internet Service by others, or impede Win Wireless from providing the Internet Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Internet Services, equipment purchased through Win Wireless, or customer-provided equipment, either individually or in combination with one another, to: undertake or accomplish any unlawful purpose; upload, download, post, store, send, transmit, or disseminate any information or material which is harassing, threatening, or intimidating; upload, download, post, publish, transmit, reproduce, or in any other way infringe copyrights of third parties; transmit unsolicited bulk or commercial messages commonly known as “spam;” collect responses from unsolicited bulk messages; send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service; collect very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity; falsify, alter, or remove message headers with an intent to deceive; falsify references to Win Wireless, the Cellular Service Provider, the network, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access; Access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so; use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited; distribute programs that make unauthorized changes to software (cracks); use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers; use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN; service, alter, modify, or tamper with Equipment or Service or permit any other person to do the same who is not authorized by Win Wireless; restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Internet Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Internet Service or any Win Wireless or Cellular Service Provider host, server, backbone network, node or service, or otherwise cause a performance degradation to any Win Wireless (or Cellular Service Provider) facilities used to deliver the Service; interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; access and use the Internet Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Internet plan that expressly permits you to do so; engage in Excessive Use, as defined.
CUSTOMER CONDUCT AND FEATURES OF THE SERVICE USER OBLIGATIONS
The user is responsible for any misuse of the Internet Services, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to the user’s account. Steps should be considered to ensure that others do not gain unauthorized access to the Services and ensure that end users do not engage in any of the “Prohibited Uses and Activities” identified above. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Win Wireless recommends against enabling file or printer sharing of any sort. Win Wireless recommends that any files or services that are made available for remote access by the user be protected with a strong password, personal firewall, or other appropriate measures.
INAPPROPRIATE CONTENT AND TRANSMISSIONS
There may be content on the Internet or otherwise available through the Services which may be deemed offensive, or which may not comply with federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content, which is harassing, threatening, intimidating, pornographic or offensive, particularly to children. Win Wireless does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and Win Wireless shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. Users are solely responsible for any information which they publish on the web or other Internet services. The user must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Win Wireless reserves the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. Win Wireless does not have any obligation to monitor transmissions made on the Services. However, Win Wireless does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing Win Wireless to reproduce, publish, display, transmit and distribute such content as necessary for Win Wireless to deliver the content in a timely manner. CONTENT USAGE AND DELIVERY. Each user is responsible for the contents of his or her social media, instant, video, and audio messages and the consequences of any user’s content. Win Wireless assumes no responsibility for the timeliness, mis delivery or deletion of, or any failure to store, media or content.
NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
The cellular network is designed for typical usage by a typical computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on the network is a limited, shared resource among customers and cellular service subscribers. Because we seek to provide the Internet Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of Win Wireless) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Win Wireless’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
NETWORK MANAGEMENT
Win Wireless and Cellular Service Providers strive to provide customers with the best experience when using their network, a shared resource among hundreds of thousands of customers. Win Wireless, its partners, affiliates and Cellular Service Providers may use tools and techniques to manage their network, deliver the Service, and ensure compliance with this Policy and the Terms of Service Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Network management activities may include, but are not limited to: (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) de-prioritizing speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that Win Wireless, its partners, affiliates and Cellular Service Providers may be required to implement in order to meet the goal of delivering the best broadband Internet experience to all its customers.
USAGE TRACKING
Win Wireless, its partners, affiliates and Cellular Service Providers collect data on customer traffic pattern usage and reserve the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
EXCESSIVE USAGE
Excessive bandwidth or data usage that is deemed significantly higher than typical usage for which the networks are designed. Excessive data usage may negatively impact the Service provided to other subscribers and customers. De-prioritization may be utilized in order to ensure optimal internet experience for all subscribers and customers. Customers will be notified via email for excessive data usage or uncharacteristic usage. Win Wireless’s products and Internet Service are a consumer product designed for personal use of the Internet. If Win Wireless in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using its products and/or Service in a manner significantly uncharacteristic of a typical user, Win Wireless reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with Win Wireless’s then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by Win Wireless at its sole discretion to slow the user’s service for purposes of conserving bandwidth. Activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by Win Wireless or a third party. Win Wireless’s Service Plans and products do not provide the type of security, upstream performance and total downstream throughput capability typically associated with excessive use. Running a server in connection with Win Wireless’s Internet Service or providing network services to others via the Win Wireless’s Internet Service, and running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums are some use examples that may be deemed uncharacteristic usage.
VIOLATION OF THIS ACCEPTABLE USE POLICY
Win Wireless reserves the right to suspend without notice or terminate service if you violate the terms of this Policy or the Terms of Service Agreement.
POLICY ENFORCEMENT
Win Wireless does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the service of those subscribers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although Win Wireless has no obligation to monitor the Services and/or the network, Win Wireless reserves the right to monitor bandwidth, usage, and content from time to time to identify violations of this Policy; and/or to protect the network and Win Wireless subscribers. Win Wireless prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which Win Wireless, in its sole but reasonable discretion, believes violate this Policy, Win Wireless may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the service. Win Wireless will not have any liability for any such responsive actions. The described actions are not Win Wireless’s exclusive remedies and Win Wireless may take any other legal or technical action it deems appropriate. Win Wireless reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Win Wireless’s servers and network. During an investigation, Win Wireless may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize Win Wireless to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Win Wireless providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, Win Wireless is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of Win Wireless to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. V. MISCELLANEOUS PROVISIONS EQUIPMENT. Win Wireless strives to produce a high level of reliability, stability and security for our subscriber. The equipment sold through Win Wireless is a critical network element which is constantly evaluated for compatibility and performance. Due to technical limitations, changes to the networks, discontinued support by manufacturers, regulatory obligations, or defects, certain equipment models that were previously certified may be deemed to no longer be suitable for cellular network. If you own your equipment and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase new equipment. Win Wireless reserves the right to upgrade, via software download and without subscriber notification, all Win Wireless equipment.
COMMUNICATION
Win Wireless may choose to communicate with you regarding these policies using a variety of methods including email to your email address on file or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message or log into your Win Wireless account for more information.
LIMITATIONS OF LIABILITY
Win Wireless will make reasonable efforts to provide Customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. Win Wireless reserves the right to interrupt the Service for maintenance purposes. Also understand that Win Wireless has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond Win Wireless’s control. As to Win Wireless’s own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attacks. If you have requirements that substantially exceed the average consumer’s bandwidth, use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. Win Wireless does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Internet Service is at your own risk, and the Internet Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Win Wireless, its parent company and affiliates, will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, Win Wireless’s liability to you for all potential claims will not exceed the total amount of service fees paid during the preceding three months. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Internet or the Internet Service.