Services Subscription
Agreement (SSA)
This document outlines the
terms and conditions for myWIFIzone.com's Services Subscription Agreement.
myWIFIzone.com will provide WIFI
Captive Portal and/or Hotspot Services to the Subscriber in accordance with the
features advertised on the myWIFIzone.com website. myWIFIzone.com will provide
a secure web portal through which Subscriber can manage his/her service
features. myWIFIzone.com may, at its own discretion and without notice, improve
or modify features or functions relating to these services.
This agreement will remain
in effect until terminated in accordance with Termination clauses below.
myWIFIzone.com may terminate
any or all services provided under this agreement at any time if, at
myWIFIzone.com's sole discretion, it is determined that the Subscriber has
breached or violated any part of this agreement. If service(s) is terminated by
myWIFIzone.com, myWIFIzone.com will refund any unused portion of prepaid
monthly amount to the Subscriber.
Subscriber may terminate any
or all services provided under this agreement at any time. Services will be
terminated at the end of the billing cycle in which notification of termination
is given. Unused portion of prepaid monthly amounts is not refundable where
services are terminated by Subscriber.
Limited Warranty
myWIFIzone.com warrants only
that it shall, subject to the terms and conditions of this agreement, provide
selected services described above to Subscriber. myWIFIzone.com makes no other
warranties and specifically disclaims any implied warranties of
merchantability, fitness for a particular purpose, or against infringement.
myWIFIzone.com further disclaims any warranty or representation as to the
internet, any information derived therefrom and the accuracy or privacy
thereof. Furthermore myWIFIzone.com further disclaims that subscriber will be
able to access the service one hundred percent of the time during peak periods
or down conditions.
Limitation Of
Liability
Subscriber specifically
agrees that, in no event, shall any liability to myWIFIzone.com as a result of
this agreement exceed subscriber's monthly fee of any single month during which
any claim deriving liability arose. myWIFIzone.com shall have no liability
whatsoever for any incidental or consequential damages of any kind whether
under this agreement or otherwise.
Some Internet Service
Providers (ISP's) prohibit sharing your internet connection with others. myWIFIzone.com
recommends that the Subscriber check with his/her ISP before doing this.
myWIFIzone.com accepts no liability or responsibility for any actions by
Subscriber that violate ISP service agreements.
Compliance &
Indemnification
Subscriber agrees to use the
Service in compliance with all applicable laws and to upload and/or download
files, if at all, only with the consent of the copyright or patent owner.
Subscriber specifically agrees to defend, indemnify, and hold harmless
myWIFIzone.com, its officers, and employees from any claim, loss, or damage,
including costs and attorney fees, arising out of any act or omission of
Subscriber under this Agreement.
This Agreement shall be
construed under the laws of the Province of Ontario, Canada and any action to
enforce the terms and conditions hereof shall be brought before an Ontario
Provincial court or such state and country as myWIFIzone.com's corporate
headquarters is located at the sole discretion of myWIFIzone.com.
Notice shall be in the form
of e-mail at the e-mail address(es) set forth herein. Additionally,
myWIFIzone.com may give notice via message(s) to Subscriber's account which
Notice shall be effective upon first access to the account under Subscriber's
ID.
Payment for monthly plan service
is due on the renewal date of that service's billing cycle (usually monthly)
for Service to be rendered during that billing cycle. Authorized charges for
Subscriber's selected services shall be made, in advance, on or about the
monthly renewal date for the term of this agreement until terminated as
provided herein.
Subscriber hereby authorizes
charges to be made through our payment processor each billing cycle for the
duration of this agreement in the amount of all service(s) Subscriber has
selected.
myWIFIzone.com shall not be
liable for any delay in performance directly or indirectly caused by or
resulting from acts of God, local phone company and other third party
telecommunications providers, fire, flood, accident, riot, war, government
intervention, embargoes, strikes, labor difficulties, equipment failure, late
delivery by suppliers or other difficulties which are beyond the control and
without fault or negligence of myWIFIzone.com.
No waiver by either party of
any breach by the other party of any provision of this Agreement shall be deemed
or construed to be a waiver of any succeeding breach of such provision or as a
waiver of the provision itself.
These terms and conditions
constitute the entire agreement with regard to the subject matter hereof and expressly
supersede and replace any prior or contemporaneous agreements, written or oral,
relating to this Agreement. This Agreement may be amended by myWIFIzone.com
upon thirty days Notice. This Agreement may not be amended by Subscriber except
by writing signed by both parties hereto.
By initially logging on and
subscribing to service(s) through myWIFIzone.com's secure web portal,
Subscriber agrees to be bound by all terms and conditions of this Subscription
Agreement, including but not limited to the provisions authorizing
myWIFIzone.com to charge Subscriber on a monthly basis, where applicable until
termination notice is given as outlined above.
myWIFIzone.com servers may
be used for lawful purposes only. Transmission, storage, or distribution of any
information, data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation of any particular law
or regulation is prohibited. This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other intellectual property rights used
without proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
Sending unsolicited bulk
and/or commercial messages over the Internet (known as "spamming") is
prohibited, regardless of whether or not it overloads a server or disrupts
service to myWIFIzone.com's customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging in
spamming using the service of another ISP or IPP and referencing in the spam a
Web site hosted on a myWIFIzone.com server, and selling or distributing
software (on a Web site residing on a myWIFIzone.com server) that facilitates spamming.
myWIFIzone.com reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
Violations of system or
network security are prohibited. Examples of system or network security
violations include, without limitation the following: unauthorized access to or
use of data, systems or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner of the
system or network; interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks; forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting.
Use of myWIFIzone.com's
services or equipment for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing, or engaging in denial of
service attacks is prohibited. It is also prohibited for any customer to engage
in other activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability of others to
effectively use myWIFIzone.com's services and equipment (or any connected
network, system, service or equipment) or conduct their business over the
Internet.
Subscriber agrees that no Copyrighted
or Patented material will be uploaded to myWIFIzone.com's servers without the
express written permission of the Copyright or Patent owner. Suspected
Copyright or Patent infringement may result in suspension or termination of
Services.
Pornography and sex-related
merchandising are prohibited on myWIFIzone.com servers. This includes sites
that may infer sexual content or provide links to adult content elsewhere. This
is also true for sites that promote any illegal activity or content that may be
damaging to our servers or any other server on the Internet, or provide links
to such sites.
The use of myWIFIzone.com's
services to store, post, display, transmit, advertise or otherwise make
available child pornography is prohibited. myWIFIzone.com is required by law,
and will, notify law enforcement agencies when it becomes aware of the presence
of child pornography on, or being transmitted through, its services.
myWIFIzone.com is concerned
with the privacy of its Subscribers and Customers. myWIFIzone.com does not
share Subscriber account information including e-mail addresses with third
parties and takes precautions to secure this data from others. In general, the
Internet is neither more nor less secure than other means of communication,
including mail, facsimile, and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence, myWIFIzone.com
urges its customers to assume that all of their on-line communications are
insecure. myWIFIzone.com cannot take any responsibility for the security of
information transmitted over myWIFIzone.com's facilities.
Subscribers are solely and
entirely responsible, and myWIFIzone.com assumes no responsibility, for the
management and backup of customer data, and all updates, upgrades, and patches
to any software that customers use in connection with myWIFIzone.com services.
The SSA, and/or any other
specific agreement for myWIFIzone.com services, constitutes the complete
understanding and agreement between myWIFIzone.com and its customers. Except
when expressly agreed to the contrary in signed writing by an authorized
representative of myWIFIzone.com, the SSA supersedes any other written
(including digitized/computerized) agreement, oral agreement, and/or agreement
by conduct. This SSA, and/or any other specific agreement for myWIFIzone.com
services is between myWIFIzone.com and its customers only and will not confer
any rights in any third party except as otherwise expressly provided by
myWIFIzone.com.
myWIFIzone.com's policies
and prices are subject to change at myWIFIzone.com's sole discretion. Price
changes will normally become effective in the next billing cycle.
myWIFIzone.com will make reasonable efforts to notify Subscriber in advance of
price changes through e-Mail and/or its web site and/or Subscriber's secure
Site Control Center.
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Subscriber authorizes
myWIFIzone.com and myWIFIzone.com's payment processor to collect monies from
end-users on Subscriber 's behalf for services provided by Subscriber at Subscriber
's wireless network locations (sites).
Subscriber will be permitted
to set pricing and condition parameters for Subscriber 's site services using
myWIFIzone.com's Site Control Center portal. myWIFIzone.com reserves the right
to reject pricing and condition parameters which, by myWIFIzone.com's sole
discretion, are not fair market value for services offered and would reflect
negatively on myWIFIzone.com brands.
To account for the potential
of end-users refusing credit card charges (chargebacks), payment by
myWIFIzone.com to Subscriber for site revenue may be delayed by up to sixty
(60) days after date of transaction by end-user.
myWIFIzone also reserves the
right to withhold any or all site revenue if myWIFIzone.com's usage analysis
tools identify suspected fraudulent or
anomalous activity. When
activity has been verified as legitimate based on myWIFIzone.com's
investigations, holdback revenue will be issued in accordance with Settlement
terms below.
myWIFIzone will pay to Subscriber
revenue collected for end-user services provided by Subscriber at Subscriber’s
sites, less processing and transaction fees and less any Revenue holdback as
per paragraph above, on a monthly basis on or near the last business day of the
month through myWIFIzone's payment processor (Paypal).
myWIFIzone.com will deduct
from monthly Settlement payments to Subscriber, 40% of gross revenue collected for
HotZone sites, or 30% of gross revenue collected for HotZone Premium sites, at Subscriber’s locations as processing
fees, plus USD $0.30 per transaction processed for the settlement period.
Version 2.0 July 01, 2006