Terms of use
User agreement
EZWIFI™ HOTSPOT USER AGREEMENT
BY USING THE EZWIFI™ HOTSPOT SERVICE OR ACCESSING THE EZWIFI™ HOTSPOT WEB SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL RELEVANT EZWIFI™ HOTSPOT POLICIES.
1. The ezWiFi™ HotSpot Wireless Internet Service. Provided that you comply at all times with the terms of this ezWiFi™ HotSpot Member Agreement and the incorporated by reference EZWIFI™ HOTSPOT TERMS OF SERVICE ("TERMS OF SERVICE"), FVN Alliance, Inc. operating the ezWiFi™ HotSpot Network ("ezWiFi™ HotSpot") will provide you with high-speed, wireless Internet access in locations that offer the ezWiFi™ HotSpot Network (the "Service"). Your right to use the Service is limited in scope, revocable, personal, non-transferable and non-exclusive. The Service consists of a number of geographically dispersed access points which can be found on the searchable ezWiFi™ HotSpot Directory on the ezWiFi™ HotSpot Web Site (the "Site").2. Requirements to Use the Service. To access the Service, you will need appropriate communications equipment. You will be solely responsible for obtaining and maintaining this equipment necessary to access and use the Service, including wireless or standard network cards, computer hardware and software, and for ensuring that such equipment is compatible with ezWiFi™ HotSpot's requirements. ezWiFi™ HotSpot's recommendations for such equipment (in all price ranges) can be found at www.ezwifihotspot.com. Access points or enabled venues may not be available in all areas.
3. Account Sign-Up/Usage. When you sign up for the ezWiFi™ HotSpot Service at the Site, you will pick a User Name and password in order to complete the registration process. You are responsible for maintaining the confidentiality of your User Name and password, and are fully responsible for all activities that occur under your User Name and/or password. You agree to (a) immediately notify ezWiFi™ HotSpot of any unauthorized use of your User Name and/or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Please Note: Subscribers are responsible for terminating each billing session either by closing all of their Internet applications or by going to the ezWiFi™ HotSpot web site (www.ezwifihotspot.com) and clicking the "network logout" button. All user sessions will time out after twenty (20) minutes of inactivity. ezWiFi™ HotSpot cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. You may not register twice or use more than one User Name and one password when you access or use the Service. Sharing your User Name and/or password with anyone else is a violation of this Agreement, and if at any time ezWiFi™ HotSpot learns that you have given others access to your User Name and/or password, ezWiFi™ HotSpot reserves the right to terminate your access to the Service immediately. Usernames and passwords are ezWiFi™ HotSpot's property and ezWiFi™ HotSpot may alter or replace them at any time. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. You acknowledge that ezWiFi™ HotSpot reserves the right to log off accounts that are inactive for an extended period of time.
4. Pricing and Payment - General. You agree to pay for all services provided to you. Current pricing plans for the Service are posted on the Site. ezWiFi™ HotSpot reserves the right to change prices and institute new fees at any time upon 30 days prior notice. Payment obligations are as follows:
- You must provide ezWiFi™ HotSpot with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and also report all changes to this information within thirty (30) days of the change. You are responsible for any charges to your account.
- If you have questions regarding charges to an account, you should contact ezWiFi™ HotSpot's Customer Service Department at info@ezwifihotspot.com. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
- Charges are billed to you credit card or debit card for the applicable service plan, as applicable, in advance each month for the Service and any additional usage or services. ezWiFi™ HotSpot is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ezWiFi™ HotSpot.
- If paying by check, payments are due within 30 days after the month in which the charges are incurred.
- If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
- Delinquent accounts may be suspended or canceled at ezWiFi™ HotSpot's sole discretion; however, charges will continue to accrue until the account is canceled and collection, late or other similar fees may be added. ezWiFi™ HotSpot may bill an additional charge to reinstate a suspended account.
- ezWiFi™ HotSpot prohibits simultaneous logins on an account. This means that multiple Subscribers dialing into the same account are in violation of this usage agreement.
5. Terms of Service, Privacy Policy and Other Policies. Your use of the Service is governed at all times by the EZWIFI™ HOTSPOT TERMS OF SERVICE, Privacy Policy, as well as any other policies that may be promulgated by ezWiFi™ HotSpot. Please review and confirm your agreement to the ezWiFi™ HotSpot Terms of Service and Privacy Policy, which are incorporated into this Agreement by this reference. You agree to permit ezWiFi™ HotSpot or its representatives to 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 Service. ezWiFi™ HotSpot reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if ezWiFi™ HotSpot believes that you have violated this Agreement, any of the Terms of Service or any other ezWiFi™ HotSpot policy, furnished ezWiFi™ HotSpot with false or misleading information, or interfered with use of the Service by other Subscribers. ezWiFi™ HotSpot further reserves the right to terminate any accounts that have been inactive for ninety (90) days or longer. ezWiFi™ HotSpot may modify, suspend or discontinue the Service at any time, with or without notice, and without liability to you, any other user or any third party.
6. Unacceptable Conduct. You agree to not use 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 Subscribers. ezWiFi™ HotSpot reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. ezWiFi™ HotSpot does not actively monitor the use of the Service under normal circumstances. Similarly ezWiFi™ HotSpot does not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Service. However, ezWiFi™ HotSpot may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject ezWiFi™ HotSpot to liability or may violate this Agreement. 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.
7. Restrictions on Use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the 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, (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, (7) using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.), or (8) resell the Service. 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. Any violation of system or network security may subject you to civil and/or criminal liability. 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. ezWiFi™ HotSpot may change its access points at any time. ezWiFi™ HotSpot reserves the right to direct Subscribers to use certain methods to access the Service or to restrict use of specific access points. 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. ezWiFi™ HotSpot may take any one or more of the following actions, or other actions not listed, at ezWiFi™ HotSpot's sole discretion in response to violations of ezWiFi™ HotSpot's policies: (i) issue warnings: written or verbal; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
8. Service Maintenance and Monitoring. ezWiFi™ HotSpot has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if ezWiFi™ HotSpot, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Subscribers or Service Providers. Please see our Privacy Policy. Juiced may, from time to time, need to interrupt the Service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions. ezWiFi™ HotSpot will give you reasonable advance notice of all such interruptions, if feasible.
9. Termination. You may terminate your account at any time and for any reason by following the prescribed procedures at www.ezwifihotspot.com. Email termination of your account will not be accepted. Your termination will be effective at the end of the billing cycle you are in at the time of termination. No moneys will be refunded for pre-paid usage (i.e. flat fee plan). Notwithstanding the termination, you will still be billed for all prior usage pursuant to whichever billing you are on at the end of the period.
Without prior notice, ezWiFi™ HotSpot may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if ezWiFi™ HotSpot, in its sole discretion, believes you have violated this Agreement, Terms of Service, or any other ezWiFi™ HotSpot policies, or if you fail to pay any charges when due. ezWiFi™ HotSpot may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective at the time of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections of this Agreement relating to (i) your payment obligations, (ii) your account, password and security, (iii) disclaimer of warranties and limitation of liability and (iv) jurisdiction shall survive termination of this Agreement.
10. Warranty Disclaimer. Because of situations beyond the control of ezWiFi™ HotSpot (mostly regarding uptime and signal strength ezWiFi™ HotSpot cannot guarantee that a particular service or speed will be available to you, even if we believe that it should be available and accept an order for it. ezWiFi™ HotSpot does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity, exposure of confidential data, either stored on your hardware or transmitted by you through the ezWiFi™ HotSpot service or exposure of corporate data, systems, or networks. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept liability for any of your actions while using Service. This includes, but is not limited to, sending of unsolicited email, denial of service attacks, and unauthorized access to systems and/or networks accessible via the Service. YOU FURTHER 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 AND FITNESS FOR A PARTICULAR PURPOSE; (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 ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND EZWIFI™ HOTSPOT DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. EZWIFI™ HOTSPOT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
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.
11. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ezWiFi™ HotSpot has no control over such sites and resources, you acknowledge and agree that ezWiFi™ HotSpot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ezWiFi™ HotSpot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. 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 use of the Service, your violation of the Terms of Acceptable Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. ezWiFi™ HotSpot will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will inure to the benefit of ezWiFi™ HotSpot's successors, assigns and licensees.
13. Ownership of the Service. ezWiFi™ HotSpot owns all right, title, and interest in and to the Service, the Site and all portions thereof. FVN Alliance, Inc. and ezWiFi™ HotSpot are trademarks of ezWiFi™ HotSpot. Nothing provided by the Service or contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by ezWiFi™ HotSpot or by any third party. ezWiFi™ HotSpot is committed to complying with U.S. copyright law and expects all of our Subscribers to do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on this Web site infringes your copyright, you should notify ezWiFi™ HotSpot of your copyright infringement claim. The DMCA requires that notifications of claimed copyright infringement should be sent to ezWiFi™ HotSpot to the attention of its president at the address set forth on its Web site. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (i) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Juiced to locate the material; (iv) Contact information of the complaining party; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. General Terms. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to its rules regarding conflicts of law. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Juiced 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. This Agreement, including the ezWiFi™ HotSpot Terms of Acceptable Use, the ezWiFi™ HotSpot privacy policy, and any and all other online policies promulgated by ezWiFi™ HotSpot, constitutes the entire agreement between ezWiFi™ HotSpot and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
EZWIFI™ HOTSPOT MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ONLINE POLICY SUCH AS THE TERMS OF SERVICE [LINK]); (B) REVISE ITS BILLING RATES AND OTHER FEES; AND (C) MODIFY THE SERVICE AT ANY TIME. EZWIFI™ HOTSPOT WILL POST ANY SUCH REVISION OR MODIFICATION TO THE SITE, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THIS AGREEMENT AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND TERMINATE YOUR ACCOUNT.