IMPORTANT! READ THIS DOCUMENT. YOUR USE OF THIS SUREFI WIRELESS SERVICE AND ACCEPTANCE OF THESE TERMS OF WIRELESS SERVICE (“TERMS”) CREATE A LEGALLY BINDING CONTRACT. DO NOT USE THIS WIRELESS SERVICE IF YOU DO NOT INTEND TO BE LEGALLY BOUND TO THESE TERMS OF SERVICE.
General Terms and Conditions
- The Surefi Wireless Service
Surefi LLC.,’s (“Surefi”) the Service for you to make legitimate use of the Internet while patronizing any location using Surefi (each a “Property”) and for no other purposes. We can block, suspend, or terminate the Service at any time for any reason. Surefi may block information, transmissions or access to certain information, services, products or domains or prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications to protect us, our network, our customers, the Property, the public or our users. These actions may delete some messages and other content before they are delivered. The Internet contains unedited materials that may be offensive to you. Surefi is not a publisher of third-party content accessed through the Service, and is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
- Your Responsibilities
You must (1) provide accurate and complete registration information, (2) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) necessary to connect to the Service, (3) protect the email address, username and/or password and any other log-in or authentication required and security information you use to access the Service and notify Surefi immediately of any unauthorized use of your account, and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws and the Acceptable Use Policy contained herein. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Service and (2) all communications that you send or receive via the Service. The Services provided herein are from various locations in the United States of America and Surefi makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
If you choose to use the Service to access websites, you are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. You are liable for any and all liability that may arise out of the content transmitted by or to you using the Service. By accessing third party websites, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their privacy and other policies (if any) and not Surefi’s. Surefi has no responsibility for third party provider policies, or their compliance with them.
- Acceptable Use Policy (“AUP”)
Your use of the Surefi Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Surefi reserves the right to terminate or suspend any use of the Service if Surefi determines that such use does not conform with the requirements set forth in this Agreement, or interferes with Surefi’s ability to provide the Service to you or others, or receives notice from anyone that such use may violate any laws or regulations. Surefi’s actions or inaction under this Section shall not constitute review or approval of your use. You will not use the Surefi Wireless Service to (or assist another person to):
(a) Injure others or violate the law including: (i) by using the Service in a tortious manner, including without limitation engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved; (ii) violating any applicable law, statute, ordinance or regulation, including those related to gambling, obscenity, export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, privacy, data transfer, and telecommunications or computer access; or (iii) infringing or violating another person’s rights, including privacy and intellectual property rights.
(b) Interfere with the operation of the Service including: (i) attempting to interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same); (ii) attempting to decrypt any encrypted or scrambled communications; (iii) introducing software or automated agents into the Service; (iv) hacking or attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; or (v) exceeding any applicable bandwidth caps or limitations.
(c) Accessing or distributing offensive content including accessing or displaying offensive content on your computer or device, in view of another person;
(d) Engaging in Internet abuse including: (i) knowingly distributing viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (ii) accessing any network or computer (including those providing the Service) in excess of the permission expressly granted to you; (iii) monitoring (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties’ to the communications; (iv) attempting to intercept, collect or store data about third parties without their knowledge or consent ; (v) attempting to impersonate any other person, including any Surefi employees; (vi) using an IP address without authorization; or (vii) using the Service to deliver spyware, or any other application downloaded without express consent or to secretly or deceptively obtain the personal information of third parties (phishing, etc); or
(e) Send unsolicited email or any other email in violation of the CAN-SPAM Act or other applicable law.
Surefi reserves the right to monitor the use of the Service to ensure compliance with this Agreement or applicable law. Surefi reserves the right to monitor transmissions and to collect and use personally identifiable information to assist in provisioning of the Service and to monitor network health and performance and otherwise solve problems associated with the Service. We reserve the right to terminate your access to the Service immediately and without advance notice if we, in our sole discretion, become aware of improper or harmful activity, or if Surefi believes that you have violated the above restrictions. If we suspect violations of any of the above, we will investigate and, where appropriate, we may (i) institute legal action, (ii) deactivate the Service or your access to the Service without prior notice to you, and/or (iii) cooperate with law enforcement authorities in bringing legal proceedings against violators. By reserving the right to monitor, Surefi does not assume any duties or responsibilities to you or to anyone else.
Surefi reserves the right to modify its AUP at any time, effective when posted.
- Disclaimer of Warranties
The Service is provided on an as-is, as-available basis and you acknowledge that your use of the service is at your sole risk. Surefi and our providers, partners, and affiliates (collectively “Surefi Parties”) expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Surefi Parties make no warranty that: (a) the Service will meet your requirements; (b) the Surefi Wireless Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; or (c) the results that may be obtained from the use of the Service will be accurate or reliable. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in wireless communications and technology, and the Surefi Parties do not make any assurances or warranties relating to such risks. You acknowledge that it is solely your responsibility to protect the data and equipment used in connection with the Service.
- Limitations on Liability
In no event shall the Surefi Parties be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Surefi has been advised of the possibility of such damages, including damages resulting from interruption or failure of Service; lost profits, loss of business, loss of data, loss due to unauthorized access of due to viruses or other harmful components, cost of replacement products and services, the inability to use the Service, the content of any data transmission, communication or message transmitted to or received by your unit, access to the world wide web, the interception of loss of any data or transmission, or losses resulting from any goods or services purchased or messages or data received or transaction entered into through the Service. If you are dissatisfied with the Service, or with this Agreement, your sole and exclusive remedy is to discontinue using the Service. By using the Service you acknowledge that your use of the Service is at your sole risk.
Notwithstanding anything to the contrary contained herein, the Surefi Parties’ liability (Including but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the lesser of Fifty US Dollars ($50) or the amount you paid directly to Surefi for use of the Service in the 30 days immediately prior to the date any such damage is suffered. It is your responsibility to take appropriate measures to protect your hardware and software from spam, computer viruses and malware and Surefi makes no warranties in this regard except as expressly stated herein. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to defend, hold harmless, and indemnify the Surefi Parties, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service, due to or arising out of your breach of any provision of this Agreement.
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between Surefi or the Surefi Parties and you as a result of this Agreement or your use of the Site.
(b) This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between Surefi and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Albuquerque, New Mexico, United States of America. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, Surefi will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you. Any cause of action or claim you may have with respect to Surefi must be commenced within one (1) year after the claim or cause of action arises.
(c) Surefi’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Surefi may assign its rights and duties under this Agreement to any party at any time without notice to you.
(e) This Agreement comprises the full and final understanding between you and Surefi and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of Surefi, and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
(f) The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.