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USER AGREEMENT
Terms
and Conditions
These terms and conditions (the "Terms")
govern your use of EZ SURF Internet Services' EZ SURF service
("Service") and the EZ SURF Internet Services network ("Network").
Before using the Service, read the following Terms. Your use of
the Service represents your agreement to these Terms. If you do
not agree with these Terms, do not use the Service. EZ SURF
reserves the right to amend these Terms at any time. You can
review the most current version of these Terms at https://EZ
SURF.com and you are responsible for periodically reviewing these
terms for any updates or changes. Your continued use of the
Service following any updates or changes to these Terms
constitutes your acceptance of the new Terms. Customers
subscribing to an annual Membership for the Service are also
subject to the terms and conditions of the applicable Service
Membership Agreement.
Description of the
Service
EZ SURF Internet Services ("EZ SURF") will provide
you with wireless access to the Internet through the provision of
this Service. The Service includes providing end-users with
appropriate WiFi technology access to certain EZ SURF high-speed
Internet access points ("Locations") and, depending on your
Service plan, certain roaming partner locations. EZ SURF may, but
is not obligated to, extend its Locations through roaming
agreements with other Internet Service Providers. If EZ SURF does
extend its Locations and you access the Service of a roaming
partner, you will be responsible for any applicable roaming
charges if you do not subscribe to a roaming Service plan from EZ
SURF.
General Use Restrictions
Subject to your
acceptance of and compliance with these Terms, payment to EZ SURF
for the Service and compliance with all EZ SURF Online Policies
identified below, you are hereby granted the right to use the
Service through a non-exclusive, non-transferable and
non-assignable limited license. The Service is provided for your
use only (unless otherwise specifically stated) and you agree not
to reproduce, duplicate, copy, sell, transfer, resell or exploit
for any commercial purposes your subscription to or membership in
the Service, any portion of the Service, use of the Service, or
access to the Service. You have no right to resell, sublicense,
assign or transfer your right to access the Service or use the EZ
SURF Network. All information, documents, products, and software
(the "Materials") provided with this Service were provided by or
to EZ SURF Internet Services (EZ SURF) by their respective
manufacturers, authors, developers, licensees and vendors and are
the copyrighted work of EZ SURF and/or the Third Party Providers.
Except as stated herein, none of the Materials may be copied,
reproduced, resold, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express
written permission of EZ SURF or the Third Party Provider. You
also may not, without EZ SURF' prior express written permission,
"mirror" any Material provided with this Service on any other
server.
Nothing provided with this Service shall be
construed as conferring any license under any of EZ SURF' or any
Third Party Provider's intellectual property rights, whether by
estoppels, implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses. Any unauthorized
use of any Materials provided with or through this Service may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and
statutes.
Charges/Billing/Payment
You agree to
pay all charges and fees specified when your ordered the Service,
including any monthly recurring or nonrecurring charges, taxes,
fees, surcharges or other assessments applicable to the Service.
All EZ SURF charges for the Service are billed in advance. For
customers signing up for an annual Membership ("Membership
customers"), your charges for the Service will be billed according
to the terms and conditions of your Membership Agreement. For
customers with DSL or Dial Internet access through EZ SURF who
order a subscription to the Service ("Subscription customers"),
the monthly recurring charges and rates for the Service will
appear on the EZ SURF portion of your EZ SURF local telephone
bill. For Subscription customers, the Service is provided on a
month-to-month basis and the monthly charges are subject to
change. Payment for the Service is due on the date specified on
the EZ SURF local telephone bill, if any. If any portion of
payment is received after the payment due date, a monthly late
charge may apply. The monthly late charge will be administered
according to the applicable state tariffs and/or in accordance
with EZ SURF standard billing procedures and will not exceed the
highest amount allowed by law. Telecommunications services will
not be disconnected solely for non-payment of your EZ SURF Service
charges.
Cancellation of Services
For Membership
customers, cancellation of Services is governed by the terms and
conditions of your Membership Agreement. For Subscription
customers, you may cancel your subscription to the Service at any
time by contacting EZ SURF. If canceled after the first month
subscription charges will be prorated to the date the Service is
cancelled. Within EZ SURF' sole discretion, EZ SURF reserves the
right cancel your Service at any time, with or without notice, if
EZ SURF determines the Service is being used in an unlawful or
improper manner, including violation of any law, regulation, these
Terms or the EZ SURF Online Policies.
Subscription
customers that disconnect their DSL or Dial Internet access
services will also automatically cancel their subscription to the
Service.
Operational Limits of the
Service.
Provisioning of the Service is subject to the
availability and the operational limitations of the requisite
equipment and associated facilities. You understand and agree that
temporary interruptions of the Service may occur as normal events
in the provision of the Service and that EZ SURF will not be liabl
for such interruptions. You further understand and agree that EZ
SURF has no control over third party networks you may access in
the course of your use of the Service, and therefore, delays and
disruptions of other network transmissions are beyond the control
of EZ SURF.
Registration/Customer Information/Password
Security
All information that you provide to EZ SURF must
be accurate, including your name, address, credit or charge card
numbers and expiration dates and any Service payment information
("Registration Data"). You are responsible for keeping such
information up-to-date and must provide changes promptly to EZ
SURF. You agree to keep confidential your log-in ID and password
and are solely responsible for any liability or damages resulting
from your failure to maintain that confidentiality. You are also
solely and fully responsible and liable for all activities that
occur under your member ID. You agree to immediately notify EZ
SURF if you suspect any breach of security such as loss, theft, or
unauthorized disclosure or use of your member ID or
password.
Modifications to the Service
EZ SURF
reserves the right to modify or discontinue, temporarily or
permanently, at any time and from time to time, the Service (or
any function or feature of the Service or any part thereof) with
or without notice. You agree that EZ SURF will not be liable to
you or to any third party for any such modification, suspension or
discontinuance of the Service.
Third Party Content
Disclaimer/ Links to Third Party Sites
Materials provided
by Third Party Providers have not been independently authenticated
in whole or in part by EZ SURF. EZ SURF does not provide, sell,
license, or lease any of the Materials other than those
specifically identified as being provided by EZ SURF. This Service
may be linked to other websites which are not under the control of
and are not maintained by EZ SURF. EZ SURF is not responsible for
the content of those sites. EZ SURF is providing these links to
you only as a convenience, and the inclusion of any link to such
sites does not imply endorsement by EZ SURF of those
sites.
Software Use Restrictions
Any software
that is made available to download with the Service (the
"Software") is the copyrighted work of EZ SURF and/or Third Party
Providers. Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included
with the Software (the "License Agreement"). An end user will be
unable to install any Software that is accompanied by or includes
a License Agreement, unless the end user first agrees to the terms
of the License Agreement. Except as set forth in the applicable
License Agreement, any further copying, reproduction or
redistribution of the Software is expressly
prohibited.
Installation assistance, product support and
maintenance, if any, of the Software is available from EZ SURF
and/or the Third Party Providers, as the case may
be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE
LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID.
Submissions
Unless otherwise explicitly
stated, any Materials provided by you in connection with this
Service shall be deemed to be provided on a non-proprietary and
non-confidential basis. EZ SURF shall have no obligation of any
kind with respect to such Materials and shall be free to use or
disseminate such Materials on an unrestricted basis for any
purpose. You acknowledge that you are responsible for the
Materials that you submit, and you, not EZ SURF, have full
responsibility for the Materials, including their legality,
reliability, appropriateness, originality and
copyright.
Disclaimer of Warranties
UNLESS
OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE
PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EZ SURF
MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF
THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING
THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH
MATERIALS. HOWEVER, EZ SURF DOES NOT AUTHORIZE ANYONE OT MAKE A
WARRANTY ON EZ SURF' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT
OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF EZ
SURF.
Limitation of EZ SURF Liability
EZ SURF
SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. MOREOVER, IN NO EVENT SHALL EZ SURF BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE,
LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC
ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN
IF EZ SURF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. IN JURISDICTIONS WHERE PERMITTED, EZ SURF' SOLE LIABILITY
TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF
MONEY PAID TO EZ SURF BY YOU FOR USE OF THE
SERVICE.
Liability of Customer
YOU HAVE SOLE
RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A
CLAIM AGAINST EZ SURF FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
SERVICE AND MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD HARMLESS EZ SURF (INCLUDING ITS PARENT AND AFFILIATE
COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND
YOU COVENANT NOT TO SUE EZ SURF FOR, ANY CLAIMS BASED ON, OR
STEMMING FROM, YOUR USE OF THE SERVICE AND
MATERIALS.
Local Laws; Export Control
EZ SURF
and/or the applicable Third Party Provider control and operate
this Service from its or their headquarters in various locations
in the United States of America and makes no representation that
these Materials or the Service are appropriate or available for
use in other locations. If you use this Service or the Materials
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.
Unless otherwise
explicitly stated, all marketing or promotional materials provided
with or through this the Materials or the Service are solely
directed to individuals, companies or other entities located in
the United States, the United Kingdom and Australia. You
acknowledge and agree that Materials are subject to the U.S.
Export Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree that none
of the Materials, nor any direct product there from, is being or
will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical
biological weapons, or missile projects unless authorized by the
U.S. Government. Proscribed countries are set forth in the U.S.
Export Administration Regulations. Countries subject to U.S.
embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the
Sudan. This list is subject to change without further notice from
EZ SURF, and you must comply with the list as it exists in fact.
You certify that you are not on the U.S. Department of Commerce's
Denied Persons List or affiliated lists or on the U.S. Department
of Treasury's Specially Designated Nationals List. You agree to
comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export as
may be required.
U.S. Government Rights
The
Materials on this Service are provided with the following
restrictions: Use, duplication, or disclosure by the U.S.
Government is subject to the restrictions set forth in the FAR
52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June
1987), or if DoD, as specified in DFARS 252.7202-1(a) and
252.7202-3(a) and vendor's applicable license terms, and DFARS
252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable.
Use of the Materials by the U.S. Government constitutes
acknowledgment of EZ SURF' and/or the Third Party Provider's
proprietary rights in them.
General
This Service
could include inaccuracies or typographical errors. EZ SURF and
the Third Party Providers may make improvements and/or changes in
the products, services, programs, Materials and prices associated
with this Service at any time without notice.
Any action
related to these Terms will be governed by Texas law and
controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
EZ SURF will not be liable for any
delay or failure to perform our obligations if such delay or
nonperformance arises in connection with any cause or causes
beyond its reasonable control. Such causes shall include, without
limitation, any act of God, fire, flood, natural disaster, strike
(or other labor dispute), unusually severe weather, vandalism,
terrorism, or any act, law regulation or request of any
governmental body.
In the event that
any provision of these Terms shall be rendered invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable any other provision of these
Terms and these Terms shall continue in full force and effect and
be construed as if they did not contain the invalid or
unenforceable provision
General Counsel
EZ SURF Internet
Services
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