Terms of use
Terms of service
ezWiFi™ HotSpot UNIFORM TERMS OF SERVICE & WEB SITE USE AGREEMENT
BY USING THE EZWIFI™ HOTSPOT SERVICE (EITHER AS A PROVIDER OR END-USER) OR BY ACCESSING THE EZWIFI™ HOTSPOT WEB SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.
1. Binding Agreement. These terms and conditions of service ("Terms of Service") represent a binding agreement between FVN Alliance, Inc. operating the ezWiFi™ HotSpot ("ezWiFi™ HotSpot") and you ("you"), a visitor to the ezWiFi™ HotSpot Web Site found at (www.ezwifihotspot.com) (the "Site"). In addition, these Terms of Service are incorporated by reference into the ezWiFi™ HotSpot User's Member Agreement as well as the ezWiFi™ HotSpot Service Provider Agreement. ezWiFi™ HotSpot may, in its sole discretion and without prior notice revise these Terms of Service. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision. If at any time you find these Terms of Service unacceptable, you must immediately cease use of the Site and the Service.
2. Privacy Policy. All registration data and certain other information about you is subject to our written Privacy Policy. For more information, see our full privacy policy.
3. Unacceptable Conduct. You agree not to use the Site or the Service to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a ezWiFi™ HotSpot official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (e) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available; (f) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose; (h) make available any material 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; (i) 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) intentionally or unintentionally violate any applicable local, state, national or international law; (k) "stalk" or otherwise harass another; or (l) collect or store personal data about other users. ezWiFi™ HotSpot reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service or the Site, and, if applicable, to delete any such material from its servers. ezWiFi™ HotSpot intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws. By using the Service or the Site, you release ezWiFi™ HotSpot from any liability stemming from ezWiFi™ HotSpot's cooperation with local, state, and federal law enforcement officials.
4. Restrictions on Use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (3) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding", "spamming", "mail bombing" or "crashing", (4) using the Site or Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services, (5) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (6) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by ezWiFi™ HotSpot in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You further acknowledge that ezWiFi™ HotSpot may establish general practices and limits concerning excessive use of the Service, including without limitation the maximum amount of use or bandwidth You agree that ezWiFi™ HotSpot has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ezWiFi™ HotSpot reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ezWiFi™ HotSpot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. User Submitted Content. Some portions of the Site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by ezWiFi™ HotSpot. ezWiFi™ HotSpot assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold ezWiFi™ HotSpot harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify ezWiFi™ HotSpot from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. ezWiFi™ HotSpot will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site. Your posting of material on the Web site or providing material to ezWiFi™ HotSpot to use on the Web site will be deemed to be a grant by you to ezWiFi™ HotSpot of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
6. Intellectual Property. All materials on the Site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, and other elements making up the Site are protected by copyrights and other intellectual property rights owned and controlled by ezWiFi™ HotSpot or by other parties that have licensed their material to ezWiFi™ HotSpot. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content or add, delete, distort, or otherwise modify in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you. Organic Networks, ezWiFi™ HotSpot are trademarks of ezWiFi™ HotSpot. All other trademarks appearing on the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
7. Copyright Infringement. It is ezWiFi™ HotSpot policy to immediately suspend and/or terminate any Site or Service user who is found to have infringed on the rights of ezWiFi™ HotSpot or of a third party, or otherwise violated any intellectual property laws or regulations. ezWiFi™ HotSpot's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good-faith belief that there has been a violation of your rights or the rights of a third party and you want ezWiFi™ HotSpot to delete, edit, or disable the material in question, you must provide ezWiFi™ HotSpot with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ezWiFi™ HotSpot to locate the material; (iv) information reasonably sufficient to permit ezWiFi™ HotSpot to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Terms of Service Violations. ezWiFi™ HotSpot or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. ezWiFi™ HotSpot reserves the right, in its sole discretion, to terminate your password, account or your access to the Site or the Service (or any part thereof) immediately, with or without notice to you, and without liability to you, if ezWiFi™ HotSpot believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. You agree that any termination of your access to the Site or the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ezWiFi™ HotSpot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ezWiFi™ HotSpot shall not be liable to you or any third-party for any termination of your access to the Site or the Service.
9. Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZWIFI™ HOTSPOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; (c) EZWIFI™ HOTSPOT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZWIFI™ HOTSPOT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EZWIFI™ HOTSPOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZWIFI™ HOTSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. Exclusions to Disclaimer of Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 MAY NOT APPLY TO YOU.
11. Indemnity. You agree to indemnify, defend and hold harmless ezWiFi™ HotSpot, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
12. Links. Because ezWiFi™ HotSpot does not have control over the content and performance of any partner and affiliate sites, ezWiFi™ HotSpot makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and ezWiFi™ HotSpot assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that ezWiFi™ HotSpot makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Service will govern your use of any and all third-party content.
13. General Terms. The Terms of Service constitute the agreement between you and ezWiFi™ HotSpot and govern your use of the Service, superceding any prior agreements between you and ezWiFi™ HotSpot. The Terms of Service and the relationship between you and ezWiFi™ HotSpot shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ezWiFi™ HotSpot agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of ezWiFi™ HotSpot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Site is controlled and operated by ezWiFi™ HotSpot from its offices in the State of New York. ezWiFi™ HotSpot makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as ezWiFi™ HotSpot's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York.