TERMS OF SERVICE
This
agreement is known as the Full Moon WiFi End User License Agreement
or “EULA”. All users of Full Moon WiFi (fmWiFi)
networks agree to the following conditions:
1. This EULA is between the Service Provider: Full Moon WiFi
a.k.a. fmWiFi (licensor) and the user of the provided service:
End User or User (licensee)
2. Connection to the fmWiFi network and/or accepting a Log-in to
the fmWiFi network constitutes acceptance of this agreement (EULA).
If you do not agree to these terms do not perform a Log-in to the
fmWiFi network.
3. All users of Full Moon WiFi networks and services agree to do
so at their own risk.
4. Full Moon WiFi, its contractors and partners, shall not be responsible
for and shall be held harmless for any violations of this EULA.
5. The User may be granted a “User Account” under
the provisions of this EULA and any other conditions defined
by and at the sole discretion of Full Moon WiFi.
6. The term “User” applies to the owner of the account
and anyone using the “User Account”
7. The User shall abide by the general “acceptable use” policies
of the Internet, which amongst other things prohibit unauthorized
advertising or use for any unlawful purpose which may include
but is not limited to: copyrighted material, material judged
obscene, threatening or abusive material, harm to any minor,
any material protected by law or contract.
8. The User shall not behave in any way that shall impair or prohibit
fmWiFi from conducting its business.
9. No User shall use the fmWiFi network or services to halt, impede,
destroy, restrict, harm or damage in any way the functionality,
software or hardware of any party including fmWiFi and any third
party(s).
10. fmWiFi reserves the right at its sole discretion to prohibit,
restrict or cancel any User’s right and/or access to the
services provided by fmWiFi or its partners or take any action
it deems necessary without notice.
11. Any violation of this agreement may result in the termination
of the User Account. fmWiFi reserves its right to terminate any
User agreement at its own discretion.
12. The User account granted by fmWiFi may not be transferred or
granted to any other party with the exception of immediate family
in the same household, without the express permission in writing
from a fmWiFi officer.
13. User Accounts may only be granted to people 18 years of age
or older.
14. All users of fmWiFi networks and services must be at least
18 years old. Any users under 18 years of age (minor) must have
the permission of their parent or guardian to use fmWiFi networks
or services. Compliance with this provision is the responsibility
of the User, User Account holder, parent or guardian. All Minor
Users of fmWiFi networks are assumed to have obtained appropriate
permission(s).
15. User Accounts are not transferable without the express written
consent of fmWiFi. Any account approved for transfer must have
all balances paid in full prior to that account being transferred.
16. Any User will not intentionally make more than one simultaneous
connection to the fmWiFi network from two or more computers on
the same account unless that specific account allows for such connections
in writing.
17. No User shall resell any fmWiFi account or access.
18. No private Residential User may use the fmWiFi network for
advertising or sales of goods and/or services without the express
written consent of fmWiFi. This type of account is considered “Commercial” or “Business” and
is tariffed independently.
19. fmWiFi web sites and log-in pages may contain links to other
web sites. FmWiFi is not responsible for the content of any third
party web site.
20. No User shall use an fmWiFi account or access to send “spam”.
Determination of “spam” under this provision is at
the sole discretion of fmWiFi.
21. fmWiFi, at its own discretion, may provide some hardware to
a User for the purpose of connecting to the fmWiFi network. Use
of this hardware is defined by the fmWiFi Hardware policy.
22. fmWiFi may, at its own discretion, individually supervise any
specific account. Notice will be given to the User in those conditions.
23. fmWiFi is not responsible for forwarding Email addresses.
24. fmWiFi billing and refunds shall be in accordance with the
fmWiFi billing policy
25. fmWiFi is not responsible for any fees, charges, expenses or
costs incurred by any User of the fmWiFi network or services other
that fees paid directly to fmWiFi for access and services.
26. In specific cases, in specific geographic locations, at the
sole discretion of Full Moon WiFi, “Free” unpaid
access to the fmWiFi network my be granted.
27. “Free” accounts if available, may be subject
to a specific session and idle time limit and/or a bandwidth
restriction. These limits are determined by and imposed at the
sole discretion of fmWiFi.
28. All “Free” accounts are subject to the provisions
of this EULA.
29. All paid user accounts may be subject to an idle timeout restriction
of not less than 1 hour.
30. All user account may be subject to a maximum session limit
of 24 hours.
31. User access may also be restricted by, but not limited to:
routine maintenance, acts of vandalism, acts of terrorism, acts
of God or any other activity outside the jurisdiction or control
of fmWiFi.
32. Full Moon WiFi reserves the right to change the terms of this
agreement at any time. A link to the current version of this ELUA
is available at www.fmWiFi.net.
33. fmWiFi reserves the right to change it’s user fees at
any time at it’s sole discretion.
34. FmWiFi may at it’s own discretion, limit the amount
of data downloaded by an individual account. These limits may
be found in the fmWiFi Billing Policy. A link to the current
version of that policy is available at www.fmWiFi.net.
35. fmWiFi does not control in any way the content of the Internet
and does not provide monitoring or screening of any material found
on the Internet. Appropriateness of material on the Internet is
at the sole discretion of the User.
36. The User is responsible for the legality of any material “mail”, “posted”, “uploaded” or “downloaded” by
anyone using the User Account in any jurisdiction that may apply
to any User action related to the User Account.
37. No user shall post advertising or solicitation to a newsgroup
38. The User, or any one using a User account may not knowingly
violate the laws of the local or any other jurisdiction of the
United States of America. FmWiFi and its owners shall be held harmless
for any violation of this provision
39. fmWiFi networks may not be encrypted, including E-mail accounts.
Data security is the responsibility of the User.
40. fmWiFi does not provide and is not responsible for the security
of a User connection. It is the sole responsibility of each User
to provide at their own expense “Firewall” and “Virus
Protection” software or hardware to suite their individual
User needs.
41. fmWiFi makes no warrantees either express or implied for
the service it is providing. All Full Moon WiFi services are
provided “as
is”.
42. fmWiFi disclaims any fitness, merchantability, warranty for
any particular use of the fmWiFi services or network.
43. fmWiFi is not responsible for any damages suffered by a User,
anyone using an fmWiFi User Account or anyone using any fmWiFi
service including but not limited to personal damages and lost
data for any reason.
44. fmWiFi is not responsible and will be held harmless for any
damages caused by any third party to a User or any User to a third
party as a result of any service provided by fmWiFi. This includes
any hardware provided by fmWiFi.
45. FmWiFi is not responsible for and will be held harmless for
any action or lack of action caused by any third party software
or hardware.
46. User error, caused by any reason including third party software
and hardware are the responsibility of the User. FmWiFi and its
owners shall not be held responsible.
47. The User is responsible for maintaining the security of their
individual user account name and password. Disclosure of these
whether intentional or unintentional to third parties and subsequent
use of the User account is the responsibility of the User. The
User may be liable for any violations of this EULA or violation
of any laws as a result of this provision. FmWiFi is not responsible
and will be held harmless for any actions as a result of this provision.
Any User can request a change in Username and/or password from
fmWiFi after conformation of the physical User identity by fmWiFi.
48. Account inquires should be directed to: www.support@fmwifi.net
or by calling 530.265.4938.
49. Account termination is subject to confirmation by fmWiFi prior
to acceptance.
50. Termination of an account does not release the User from and
terms and conditions of this agreement including but not related
to legal and financial terms.
51. fmWiFi may, at its own discretion, monitor the activities
of any user account at any time for internal purposes of fmWiFi.
Any user specific information in this motoring activity will
be considered confidential by fmWiFi and its contractors or partners
and may not be used in any way outside of fmWiFi without specific
prior notification. Disclosure of account information may be
required under the laws of the United States of America or under
subpoena from a legal jurisdiction of the United States of America.
In that case, notification will be made by Email to the affected
parties. General nonspecific information where no specific user
is identified such as, but not limited to: number of users, advertising “hits”,
throughput, log files etc. may be disclosed to specific fmWiFi
partners without notification.
52. Equipment provided by fmWiFi to bring signal to user at users residence or business is leased from fmWiFi. Fees paid for lease/install of fmWiFi equipment are non refundable. fmWiFi at its discretion will replace equipment deemed defective at no cost to user unless damaged by user as determined by fmWiFi.
53. "Neighborhood Networking Systems" as defined by fmWiFi are subject to the length of contract fmWiFi has signed with the backbone system carrier to the neighborhood and enforced as such. Contract length is minimum 2 [two] years. Contract renewal between user and fmWiFi is subject to fmWiFi terms and conditions. Should carrier to the neighborhood increase its fees to fmWiFi such fees shall be reflected in the users fees. Early termination by user for any reason shall incur an "Early Termination Fee" equal to the lesser of 75% [seventy five percent] of the monthly service fee user is paying monthly for the remaining months of the contract or $650.00 [six hundred fifty dollars].
54. Monthly users shall incur a one-month termination fee equal to one month's service fee if terminated after the 1st of the month.
55. fmWiFi shall not be responsible for any refund/credits to credit card users using our system for any reason. User accepts all responsibility when signing up as a credit card user and agrees to pay fees initiated by credit card use.
56. The User agrees to pay for any attorney fees courts costs or
any other expenses incurred as a result of any dispute or litigation
resulting from his agreement
57. All Users agree to legal Arbitration to settle any legal issues
between the User and fmWiFi
58. After Arbitration all Users agree to Mediation to settle any
legal issues between the User and fmWiFi
59. The User agrees to pay all legal fees arising from or associated
with any dispute arising from this EULA and their relationship
with fmWiFi.
60. If any specific item or section of this agreement is determined
to be not in force all remaining specific items or section shall
remain in force.
61. The venue for all litigation related to any business conducted
by Full Moon WiFi shall be: Nevada County California.
62. The laws of the State of California govern this agreement.
63. All Correspondence shall be directed to:
Full Moon WiFi
228 Commercial Street #269
Nevada City, CA. 95959
updated 01/01/2006 |
