TERMS OF SERVICE
Please read the following Everywhere Wireless ("EW" or "we" or "us") customer agreement (this "Agreement") carefully before signing up for an EW account or using any EW services. This Agreement is a legally binding agreement between you (an entity or person) and Everywhere Wireless, LLC. By proceeding to establish an account and/or use the EW services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this Agreement, you must not sign up for an account or use the service, even if the service is paid by your property.
For users registering with EW for their own personal use, nothing in this Agreement affects your statutory rights. You should print and keep a copy of this Agreement for your future reference.
Charges are billed to your credit or debit cards for usage of the Services. You hereby authorize EW to charge any credit card you may have on file with us for the full amount of the charges owing by you from time to time. EW is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EW. All charges are considered valid immediately upon billing of such charges. No refunds will be provided under any circumstance. All Services are paid for and utilized on a month by month basis and therefore can be cancelled at any time by you. Given these conditions, under no circumstance will a credit, refund or adjustment be provided to you by EW. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back.
Unless the Exception is applicable, if payment cannot be charged to your credit or debit card or your charge is returned to EW for any reason, EW reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Services and your account, and to terminate all obligations of EW under this Agreement. You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.
Any free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have a current valid accepted payment method as indicated during sign-up (the "Payment Method"), to use the Services.
We will begin billing the Payment Method for your monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, refer to the email sent to you from EW outlining the service agreement. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been executed and performed in the State of Illinois, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Illinois, United States of America, without giving effect to conflict of laws provisions thereof.
You must keep your password confidential at all times so that no one else may access the Services through your account. You are responsible for notifying EW immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it.
Usernames and passwords are EW's property and EW reserves the right to alter or replace them at any time, in its sole discretion. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.
We do not operate any wireless or other networks ourselves; instead we obtain access for you to the networks of a number of network operators. Because we do not control the networks and other equipment that provides you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.
Except for the EW Website, EW does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. EW has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Services or the Internet.
In addition, viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.
Although EW has attempted to provide accurate information on the Website, EW assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. EW may change any of the information or other materials on the Website at any time without notice. EW makes no commitment to update the materials or information on the Website. You use the Website and the Services at your sole risk. The material on the Website is provided "AS IS" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, EW disclaims all warranties of any kind, expressed or implied including, without limitation, warranties of merchantability, fitness for particular purpose, non-infringement or arising from a course of dealing, usage or trade practice. EW does not make any representations or warranties regarding the use, validity, accuracy or reliability of information or material on the Website. EW reserves the right to implement restrictions, data limitations and other modifications to each user’s account or the Network as a whole.
For the avoidance of doubt, EW's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) fraudulent misrepresentation; or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not, in each of the foregoing cases, be excluded or limited by applicable law; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.
Subject to this Agreement, in no event shall EW, its affiliates, owners and/or employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or waste of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
THE SERVICES ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." EW AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK. EW IS NOT LIABLE FOR ANY DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INABILITY TO USE THE SERVICES FROM TIME TO TIME OR ANY EXTENDED PERIOD OF DOWNTIME.
EW's cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question. EW will not be liable to you for any breach of this Agreement that arises due to any circumstances that EW cannot reasonably be expected to control, including any failure in communications and Internet downtime. EW cannot accept any liability for any failure to comply with specific instructions stated on the Website or for any incorrect information provided by you.
EW will not be liable for any direct, indirect, incidental, consequential, punitive, special or other damages including, without limitation, loss of or damage to data, loss of use of or damage to computers or other systems, lost or damaged programs, costs of replacement goods and lost profits or revenues, arising out of the use or inability to use the Website or any EW product or service, even if EW has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
You will indemnify and hold harmless the EW Releases against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Internet or use of the Services, (b) your use of or connection to the Services, (c) your violation of this Agreement or your violation of any rights of another person, or (d) any activity carried out by another person using your account or password.
Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services:
a) to transmit any information or written, graphic or photographic material ("Material") (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
b) to harm, or threaten to harm, minors in any way;
c) to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
d) to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;
f) to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g) to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
i) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other Website or damage or destroy the reputation of EW or any third party;
k) to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law];
l) to "stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
m) to resell or advertise to resell the Services without EW's authorization; or
n) as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Furthermore, for each account, the Services are limited to a single person on a single device when using EW’s wireless Internet Services.
EW requests that anyone who believes that there is a violation of the AUP direct the information to: support@EverywhereWireless.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
EW may take any one or more of the following actions, or other actions not listed, at EW's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.