Terms of Service Agreement
UnwiredOnline.Net, LLC
Unwired Internet Services Agreement
1.1 The Internet Services provided by UnwiredOnline.Net, LLC (Unwired),
hereinafter referred to as "Unwired Services", consist of
computer on-line, interactive information, communications and transaction
services. The Unwired Services are available to authorized users (hereinafter
referred to as "Account Holder") through either dedicated
lines, or other access through a personal computer, or computers, or
through other access devices, using Software (e.g. the software used
to connect to the Unwired Services) and a communications connection
(e.g., modem, telephone line). This agreement is hereinafter referred
to as the "Terms of Services" or "TOS".
1.2 BY COMPLETING THE ACCOUNT SIGN UP PROCESS AND/OR USING THE UNWIRED
SERVICES, ACCOUNT HOLDER AGREES TO BE LEGALLY BOUND TO AND ABIDE BY
THE TERMS OF SERVICES, JUST AS IF ACCOUNT HOLDER HAD SIGNED THIS AGREEMENT.
1.3 Unwired may modify its TOS at any time and in any manner. Any modification
is effective immediately upon either a posting on the Unwired Services,
electronic mail, or conventional mail. If any modification to the TOS
is unacceptable to Account Holder, Account Holder may immediately terminate
service. ACCOUNT HOLDER'S CONTINUED USE OF THE Unwired SERVICES FOLLOWING
MODIFICATION TO THE TOS SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF
SUCH MODIFICATION.
1.4 The Terms of Services Agreement and the Unwired Internet Account
Setup Application together constitute the entire agreement between Unwired
and Account Holder with respect to the Unwired Services, except and
unless the parties have entered into a separate written agreement signed
by Unwired and Account Holder. Unwired may discontinue or alter any
aspect of the Unwired Services at its sole discretion and without prior
notice or liability. Unwired reserves the right to change or add any
fees or surcharges at any time effective upon thirty (30) days' prior
notice.
1.5 ACCOUNT HOLDER CERTIFIES TO Unwired THAT THE ACCOUNT HOLDER, IF
AN INDIVIDUAL, IS AT LEAST EIGHTEEN (18) YEARS OF AGE. IF NOT AN INDIVIDUAL,
THE ACCOUNT HOLDER CERTIFIES THAT ALL USERS OF THE ACCOUNT SHALL BE
OVER THE AGE OF EIGHTEEN (18). A minor's parent or legal guardian may
authorize a minor's use of Account Holder's account under adult supervision,
however, the Account Holder agrees to assume any and all liabilities
resulting from minor's use.
1.6 Each Account Holder is responsible for all activities and charges
resulting from use of Account Holder's Account(s) by any person, and
for ensuring full compliance with the TOS by all users of Account Holder's
Account(s). Unwired Account(s) may not be transferred without prior
written approval from Unwired.
1.7 Account Holder is responsible for maintaining the confidentiality
of Account Holder's password(s) and is liable for any harm resulting
from disclosing or allowing disclosure of any password. In the event
of a breach of security, Account Holder will remain liable for any unauthorized
use of the Unwired Service until Account Holder notifies Unwired by
calling 1-541-998-5555.
1.8 Unwired may cancel accounts at any time after providing notice
to Account Holder(s). Account Holder(s) may cancel their account by
providing 30 days notice to Unwired, or by providing 60 days notice
to Unwired if Account Holder uses a dedicated connection.
1.9 It is the Account Holder's responsibility to notify Unwired of
cancellation of service either verbally or by written notice. Unwired
will then prorate the Account Holder's final bill based upon the date
of the cancellation notice. Account Holder is responsible for all monies
owed prior to the date of cancellation.
2.0 Account Holder agrees to use the Unwired Service only for lawful
purposes. Account Holder is prohibited from posting to or transmitted
through the Unwired Service unsolicited bulk email (otherwise known
as spamming), or any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including, but not
limited to, any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation.
Account Holder agrees to indemnify and hold harmless Unwired for, from
and against any and all claims, actions and all other expenses and liabilities
incurred by Unwired arising out of any violation by Account Holder of
the terms of this TOS.
2.1 Account Holder acknowledges that the Unwired Service contains information,
software, photos, video, graphics, music, sounds or other material (collectively,
"Content") that are protected by copyrights, trademarks, trade
secrets or other proprietary rights and that these rights are valid
and protected in all forms. Account Holder may not modify, publish,
transmit, participate in the transfer or sale, creation of derivative
works, or in any way exploit, any of the Content, in whole or in part.
2.2 Failure to comply fully with the provisions of this Service Agreement
or the Unwired Account Setup Application may result in immediate suspension
or termination of Account Holder's right to use the Unwired Services.
In the event of suit, action, or arbitration to enforce any of the terms
of this TOS or the Account Setup Agreement, the prevailing party or
parties shall be awarded such sum as the Court or arbitrator may adjudge
reasonable as attorney fees in such suit, action, or arbitration and
in any appeal therefrom.
2.3 IN NO EVENT WILL Unwired BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF: (1) THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THIS SERVICE OR DOWNLOADED FROM THIS SERVICE;
OR (2) ANY FLOOD, FIRE, OR ACT OF GOD OR OTHER FORCE OF NATURE.
Revision 10/17/02
