Terms of Service
By opening an account under your name and/or billing credit card number, and/or by using the Wind Wireless service, you agree to be legally bound by and abide by the terms of this Agreement. If you do not agree to the terms stated herein you must immediately notify Wind Wireless, Inc, and terminate your account and terminate your use of these services.
1. Your Account
You affirm that you are at least 18 years of age. As the account holder, you are responsible for your account and the maintenance of your password. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of Wind Wireless to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, you must change your password and notify Wind Wireless immediately of the breach.
2. Customer Information
Account information provided by you to Wind Wireless will be kept confidential. At no time will Wind Wireless share your information with any Third Party with the following explicit exclusions:
a) Wind Wireless may share part or all of the information you provide to agents or companies in the employ of Wind Wireless to service your account. Only the information pertinent to that service will be shared.
b) Wind Wireless may share any or all information in its possession about you and your account in an attempt to collect fees owed to us or our Agents.
c) Wind Wireless will share any requested information to any lawful agency as required by a subpoena, or to report a crime.
All services provided by Wind Wireless must be paid for in advance. Terminated accounts may or may not be reactivated. If your account has been terminated for cause, a new account must be created and you will be required to pay the standard fees appropriate to the new account(s) you wish to purchase. Any moneys prepaid for an account terminated for cause are forfeit and waived by you unconditionally. Accounts which have lapsed for non-payment may be reactivated within 30 days of the termination by paying all monies owed plus the next month’s standard payment. Additionally, all accounts terminated for non-payment will incur a re-initiation fee which will be added to that monthly fee. The re-initiation fee for dialup accounts is twenty dollars ($20.00), for DSL it is twenty-five dollars ($25.00), and for residential wireless the fee is thirty-five dollars ($35.00). Business/commercial accounts will be required to pay an initiation fee equal to one-half of the recurring monthly service payment. Because all accounts require payment in advance of service, if payment for any account is not received by the 15th of the month for which it is being billed will be considered lapsed and subject to termination/disconnection for non-payment.
While Wind Wireless provides its invoices through electronic methods. You agree to make the appropriate payment even absent an invoice or statement. If you require a printed invoice or statement sent through postal means or picked up in person, you agree to pay a handling fee of $2.50 (two dollars and fifty cents) per copy.
4. Service Limitations
Wind Wireless prohibits the sending of mass emails or unsolicited commercial email (also known as SPAM). Wind Wireless prohibits engaging in any predatory activity, including but not limited to the unauthorized accessing of other Internet devices or appliances, the dissemination of predatory or damaging broadcasts such as viruses, trojans, worms or other remotely activated software or hardware agents. Wind Wireless subscribers may not engage in any activity that violates federal, state or municipal law, or violates prevailing community standards. Any Wind Wireless subscriber engaging in this or other behavior that poses a threat to, or damages other Wind Wireless subscribers or Internet users shall have their accounts terminated without notice and will forfeit any prepayments they may have paid. Users terminated for the reasons described in this paragraph will be liable for any payments due for the remainder of their sign up term, and/or any other costs payable under this Agreement. Further, Wind Wireless will actively prosecute any violation of these terms under prevailing Law to the fullest extent possible. There are no exceptions.
Residential subscribers may not operate any server or distribution equipment or operate for-profit enterprises over their high-speed service without the express written permission of Wind Wireless. At no time will any subscriber or users of the Wind Wireless service resell and or operate commercial networking services on or over the Wind Wireless network. Such action is agreed to be Theft of Service and Defrauding a Merchant as defined by the Criminal Codes of the State of Washington.
Wind Wireless cannot guarantee that all current or future Internet applications can or will be supported. Neither will Wind Wireless guarantee that any subscriber equipment will be compatible with our service, nor that all areas within our coverage area will produce a usable connection. Wind Wireless is not responsible for any inability to use our service for any reason.
IP addresses may be installed in your hardware or software for the duration of your service with Wind Wireless. These addresses are NOT portable and remain the property of Wind Wireless. Subscribers may not use any address which is not explicitly issued by Wind Wireless. Any subscriber using unapproved addresses or permitting any control of Wind Wireless issued IP addresses by any entity other than Wind Wireless shall be in violation of Paragraph 4 of this document.
Wind Wireless is not responsible for any damage to or loss of data or software from your computer while installing, operating or maintaining Wind Wireless services. We recommend that you back-up all existing computer files by copying them to a different storage device prior to the installation, operation or maintenance of any Wind Wireless hardware or software.
5. Subscriber Support and Help Desk
The Wind Wireless Help Desk will provide telephone assistance via a specified telephone number on a reasonable efforts basis during specified hours. Assistance is limited to problems arising from use of the Wind Wireless service and excludes problems related to your personal hardware and software. Wind Wireless cannot guarantee the resolution of any particular problem or Wind Wireless service disruption. However, Wind Wireless will make a “best effort” attempt to resolve your problem. Wind Wireless is not liable for any service disruptions stemming from difficulties beyond the direct control of Wind Wireless. Any disruption occurring within the control of Wind Wireless will be resolved in the shortest period of time possible. Problem reports may be made to the Wind Wireless Help Desk, or via the Problem Report Form located on the company website.
6. Content Warning
You agree that you are aware that the Wind Wireless service provides access to content that is for mature audiences only and which you may find offensive. Wind Wireless recommends that access accounts not be used by anyone under the age of 18 unless the minor’s use is supervised by an adult.
7. Copyrighted Material
Copyrighted material may not be downloaded without the permission of the copyright owner(s) or person(s) they specifically authorize to grant such permissions. Customers engaging in so-called peer-to-peer software sharing or other exchange acknowledge that they are solely responsible for their actions and are using the Wind Wireless service for these purposes without the knowledge or consent of Wind Wireless. Further, Wind Wireless maintains the right to restrict network operations or limit the transit of information it determines to be suspect in any way.
8. No Warranty – Limitation of Liability and Damages
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WIND WIRELESS NETWORK SERVICE IS AT YOUR OWN RISK. WIND WIRELESS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED FOR THE SERVICES WHICH ARE BEING PROVIDED. WIND WIRELESS EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER. Network performance and connectivity is not guaranteed. Wind Wireless will use reasonable efforts to ensure that those portions of the Wind Wireless service over which Wind Wireless has direct control are functioning properly.
We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using the Wind Wireless service including, but not limited to:
the performance of the Internet;
the acts or conduct of third parties, acts of God, or war
the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
loss resulting from delays, computer viruses or interruption of the Wind Wireless service, regardless of cause; and any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet.
If despite the limitations of liability in this Agreement, Wind Wireless is found liable in a court of law for any damages to you or any other party, it is agreed that our liability is limited to $100.00 USD and that we shall not be responsible for damages for any greater amount or for any indirect, consequential, statutory, exemplary or punitive damages.
You agree to indemnify and hold harmless Wind Wireless, affiliate corporations, all of their officers, directors, agents, employees and shareholders, from all claims, damages, costs and expenses, including legal fees, which result from the use, by anyone, of your Wind Wireless account, without limitation.
10. Compliance Measures
Wind Wireless reserves the right to monitor any and all communications and activity through or with the Wind Wireless service to ensure adherence to the terms and conditions of this Agreement.
You agree that the Wind Wireless service is not to be considered a secure communications medium and that no expectation of privacy is afforded to you or any user of your account.
In the event that Wind Wireless receives a complaint, Wind Wireless will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove any material from its servers. Customers may or may not be notified of this proceeding. Wind Wireless reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities.
Wind Wireless reserves the right to prohibit, remove and/or block access to any content or Internet capability, including any pages, Usenet newsgroup and/or IRC channel, Instant Messaging session, peer to peer exchange, or Voice over IP, at any time for any reason, including but not limited to those which contain:
hyperlinks to material Wind Wireless deems inappropriate; and
material which promotes or induces illegal activity.
You may stop using the Wind Wireless service at any time and terminate your account by permitting it to become inactive by discontinuing use or, withholding further payments for service or, by notifying us. Wind Wireless may suspend or restrict your account and the Wind Wireless service or terminate this Agreement, at any time, if: the operations or efficiency of the Wind Wireless service is impaired by the use of the Wind Wireless service from your account; any owing amount is past due from you to Wind Wireless; or you or anyone contacting Wind Wirelss as your agent or on your behalf engages in any denigrating, abusive or threatening manner; or there has been or is any breach of any term or condition of this Agreement.
If services are terminated you remain responsible for payment of all fees up to the conclusion of any term you have contracted for or prepaid. If your use has extended beyond the sign up term, then you will be responsible for payment for service through the conclusion of the month during which service is terminated. Wind Wireless shall have no responsibility to notify anyone of any termination or suspension of an account. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.
Wind Wireless reserves the right to make changes to this Agreement or any aspect of the Wind Wireless service as service, network or policy issues may require.
Wind Wireless may discontinue any or all classes of service at its discretion. Notification of the stoppage of any service wll be performed on a case by case basis at the sole discretion of Wind Wireless.
The failure of Wind Wireless 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. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
14. Choice of Law, Legal Proceedings
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Washington, County of Spokane for any matters pertaining to this Agreement. The prevailing party in any legal action shall be entitled to recovery of attorney fees and costs. Any cause of action you may have with respect to this Agreement or the Wind Wireless service must be commenced within one month (30 calendar days) after the claim or cause of action arose, or it shall be barred.
Wind Wireless may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
Terms of Service – Revision 9. Effective January 1, 2008