Wireless Internet Access Agreement


Rev: 07/06/2004

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY PROMPTWIRELESS, L.L.P.(PW) BY USING THE SOFTWARE OR INTERNET SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE COMPANY'S SOFTWARE LICENSE AGREEMENT, ACCEPTABLE USE POLICY, AND SUCH OTHER USER POLICIES AS THE COMPANY MAY ESTABLISH FROM TIME TO TIME.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE, AND, IF YOU CURRENTLY HAVE A PROMPTWIRELESS, L.L.P. ACCOUNT, YOU MUST CONTACT OUR OFFICES AS SPECIFIED IN SECTIONS 10 AND 11 WITHIN 30 DAYS OF RECEIPT OF THIS DOCUMENT.

PW provides the Service, defined below in Section 1, subject to your compliance with this Agreement. Other services provided by PW will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.

1. Service.

1.1 The Service includes: Internet access; Electronic mail ("e-mail") and five electronic mail addresses.

1.2. Any means of identification assigned to you by PW (including usernames and e-mail addresses) will remain the property of PW and at PWs sole discretion may be altered or replaced at any time.

1.3. PW makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. PW reserves the right to change the Service or any of its features at any time with or without notice.

1.4 . Unlimited Internet access is offered by PW subject to the following limitations:

1.1.1. LOCAL WIRELESS ACCESS MAY NOT BE AVAILABLE IN ALL AREAS.

2. Registration Requirements.

2.1. You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

2.2. You agree to provide PW with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to PW within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.

3. Payment and Billing.

3.1. Setup fees are nonrefundable, and PW does not issue prorated refunds for fees paid in advance.

3.2. Current prices for PW services are posted on PW's price list for Internet Services at http://www.promptwireless.com These prices may also be obtained by calling 254-296-9380. PW reserves the right to change prices and institute new fees. PW may change rates or institute new charges at any time upon 30 days prior notice. PW does not issue prorated fee refunds.

3.3. A service charge of $25.00 will be assessed to your account for each check that is returned to PW for insufficient funds.

3.4. Payments for all charges are due within 15 days of the request for such payment. That date shall be determined by the date of postmark of any invoice sent via US Mail or by the date stamp of any electronic mail containing a request for payment. If your account is delinquent, your account may be suspended or canceled at PWs sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. PW may, at its sole discretion, charge a fee of $15.00 to reinstate a suspended account.

3.5. Interest charges of 1.5% per day (or the highest rate permitted by law if lower than 1.5% per day) will accrue daily on any unpaid balance which is more than 30 days old.

3.6. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

3.7. If you believe that PW has billed you in error, you must contact the Customer Service Department (per Section 11) within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

4. Use of the Service.

4.1. You and any members of your household (or employees of your business) are the only individuals who are authorized to access the Service through your PW account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.

4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household or employee(s) .

4.3 You are responsible for all charges assessed as a result of use of your account. However, PW will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify PW within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

4.4 Except for software provided by PW, you are responsible for providing and maintaining all equipment and other software necessary to access the Service. (Except wireless radio equipment leased from PW per monthly basis). Such wireless radio equipment under lease agreement remain the property of PW.

4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects PW to liability; or is in contravention of PWs Acceptable Use Policy. You agree to comply with all PW security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

5. Privacy.

5.1. PW has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members.

5.2. PW will not disclose member information to outside persons or entities for any purpose not required by law.

6. No Warranties Provided by Promptwireless, L.L.P.

6.1. Except for certain products and services specifically identified as being offered PW, PW  does not control any information, products or services on the Internet and except for such PW -identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with PW.

6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROMPTWIRELESS, L.L.P.  DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PROMPTWIRELESS, L.L.P. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PROMPTWIRELESS, L.L.P. OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PROMPTWIRELESS, L.L.P., ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

6.3 PROMPTWIRELESS, L.L.P. SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. PROMPTWIRELESS, L.L.P. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

7. Your Remedies.

7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.

7.2. UNDER NO CIRCUMSTANCES SHALL PROMPTWIRELESS, L.L.P., ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. Indemnity.

8.1. You agree to defend, indemnify, and hold PW and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

9. Term of Agreement.

9.1. This Agreement is effective from your acceptance thereof, which is indicated by your first use of the Service through your account. If you are a current PW member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

10. Termination of Agreement.

10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation from PW You will receive an e-mail confirmation if you cancel by e-mail or a written reply through U.S. mail if you cancel by mail or fax. Charges to your account will stop accruing the day you receive your confirmation. Your termination must be received by the 5th day prior to the end of your current billing period. PW does not issue prorated fee refunds.

10.2. PW may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 30 days of the date they accrue.

10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to PW all copies of software and documentation that you received from PW.

10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. PW 's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. Notice.

11.1. You may change or cancel your PW account by the following methods only:  Electronic mail (e-mail) addressed to prompt@prompt-tech.com; first-class registered or certified mail, return receipt requested addressed to , Promptwireless, L.L.P. P.O. Box 5989, Waco, Texas 76708.

11.2. PW may provide notice to you by the following methods: Electronic mail (e-mail) addressed to your e-mail account; general posting to PW 's web site at http://www.promptwireless.com/policy; or by US Mail or courier service at the address you provided PW when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

12. Miscellaneous.

12.1. PW's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Waco, Texas with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and PW Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and PW and/or your use of and/or PWs provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without PW's prior written consent.

12.5. This Agreement, the Internet Services Price List, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and PW with respect to the Service.

12.6. PW reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on PW unless made in writing and signed by both parties.

12.7 For any and all violations to any part of this agreement that requires repairs, clean up, purging or related actions will be charged labor at a rate of $150.00 per hour.

Installation Liability Statement:

Care will be taken by our installers with respect to avoiding any property damage at installation.  Neither we nor our contractors accept liability for any property damage where due care has been taken.

On removal of the Promptwireless equipment, either at your request or due to failure to observe any part of our contract or conditions, then any need for building remediation as a direct result of radio and or antennae installation or removal will be at your responsibility and cost.

 

Acceptable Use Policy


Rev: 07/06/2004

1. Introduction

Promptwireless, L.L.P.(PW) is committed to and supports the free flow of information and ideas over the Internet. PW. does not actively monitor nor does PW exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over PW services. However, PW reserves the right to remove any materials PW does become aware of that are, in PW 's sole discretion, potentially illegal, could subject PW to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of PW services. You should read and interpret this Policy in conjunction with the PW Internet Access Agreement.

2. Policies

The following are violations of Promptwireless, L.L.P. 's acceptable use policies:

2.1. Using a personal account for high volume or commercial use. If you would like to receive high-volume or commercial services, please contact PW 's Sales Department at 1-254-296-9380 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:

2.1.1. Any mailbox exceeding 10 MB may, at PW 's discretion, be transferred to a compressed temporary file or storage. Members will be notified at that time with further information. Thirty days after this notification, PW reserves the right to delete the temporary file from the server.

2.1.2. Exceeding 5 MB of disk space for free Personal Web sites. Any free Web site exceeding 5 MB will be suspended until the customer brings the disk space usage under 5 MB.

2.1.3. Exceeding 250 MB of traffic in a one month period for free Personal Web sites. Any free Personal Web site exceeding 250 MB of traffic will be billed for the excess traffic. Charges will be determined according to PW 's Internet Services price list

2.2. Using PW services for illegal purposes or in support of illegal activities. In accordance with Section 5 of the Internet Access Agreement, PW reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.

2.2.2. Exporting software or technical information in violation of U.S. export control laws.

2.2.3. Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.

2.2.4. Threatening bodily harm or property damage to individuals or groups.

2.2.5. Making fraudulent offers of products, items, or services originating from your account.

2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of PW 's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.

2.2.7. Any activities involving child pornography, illegal pornography or activities in violation of  Local, State, or Federal Law.

2.3. Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. 'News bombing' constitutes sending more than 10 MB of data to a newsgroup.

2.3.1. Sending unsolicited e-mail messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.

 

2.3.1.1. Member acknowledges that he/she/it is expressly prohibited from utilizing PW's servicePW's equipment or any PW's electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of PW's service, PW's equipment or any PW's electronic mail address.

2.3.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or       invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

2.3.1.3. Member specifically agrees that he/she/it will not utilize the PW's service, PW's equipment or any PW's electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Members responsible for these acts may be terminated at PW's discretion. For each day upon which this provision is violated, Member agrees to pay PW.$10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, PW may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay PW $200.00 per day. PW at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent PW from seeking to obtain other legal remedies against member, including other damages or an injunction.

2.4. Revealing your email account password to others or allowing use of your account by others (other than authorized users in your household or business).

2.4.1 At no time can there be simultaneous use of the same email username and password combination.

2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through PW's services.

2.6. Distributing viruses to or from PW's systems.

2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using PW's services.

2.8. Using your account for the purpose of operating a server of any type.

2.9. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.

2.10. The transmission of any data which include character sequences intended to control the recipient's computer or display screen.

2.11. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

2.12. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.

2.13. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).

2.14. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or e-mail use by others.

2.15. Engaging in any of the above activities using the service of another provider but channeling such activities through a PW account or re-mailer, or using a PW account as a mail drop for responses.

3. Promptwireless, L.L.P. Assumes No Liability

PW has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on PW's systems, nor can PW ensure prompt removal of any such communications or content after transmission or posting. Accordingly, PW does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.

4. Revisions to this Policy

PW reserves the right to modify this Policy at any time upon at least thirty (30) days prior notice. Notice of modifications to this Policy may be given to subscribers by posting such changes to the PW homepage (http://www.promptwireless.com/policy), by electronic mail, or by conventional mail. Customers use of PW services after such notices shall constitute users acceptance of the modification(s) to this agreement.

 

Network Abuse and Spamming Policy


Rev: 07/06/2004

Promptwireless,L.L.P. maintains a zero-tolerance policy on network abuse and takes immediate action against anyone who abuses their account privileges at the expense and inconvenience of other users. One of the most common forms of network abuse is "spamming," which can constitute many different activities. Every Internet user must understand that when sending e-mail, the recipient must have already requested the material prior to the e-mail being sent. Sending unsolicited e-mail messages where the recipient objects to the content of the message or to the receipt of the message in general is prohibited.

Some examples of what would be considered spamming include:

  • Massive e-mail broadcasts to other Internet users that advertise a product or service, especially those advertising illegal money-making schemes
  • "Junk" e-mail
  • Unsolicited e-mail
  • E-mail sent out in bulk
  • Excessive cross-posting in newsgroups
  • Posting to newsgroups not related to the topic of your article, or in violation of a groups charter or common use.

Promptwireless,L.L.P. also provides assistance to users who have been victimized by spam. If you have received e-mail spam or experienced newsgroup spamming and want to report it, send your complaint (including the message and its headers) to:

abuse@promptwireless.com

To report an instance of fraud, illegal activities, a security issue, network abuse, or any violation of Promptwireless,L.L.P.s policies, send your complaint to:

security@promptwireless.com