The Florida High Speed Internet Web Site (the "Service") is an online information and communications service provided by Brevard Wireless, Inc dba Florida High Speed Internet ("FLHSI"), subject to your compliance with the terms and conditions set forth below including, any and all referenced documents.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. FLHSI may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
Operating Policies. You agree to comply with the Acceptable Use Policy set forth on FLHSI.com (as they may be amended by FLHSI from time to time), which are the rules that govern your activity in connection with the Service. FLHSI has the right but not the obligation to remove any communications and materials that FLHSI believes in its sole discretion violates the Acceptable Use Policy.
Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by FLHSI, FLHSI does not operate, control or endorse any information, products or services on the Internet in any way. Except for FLHSI-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with FLHSI. You also understand that FLHSI cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. FLHSI does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and FLHSI shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. FLHSI does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. FLHSI has no control over and accepts no responsibility whatsoever for such materials.
In no event will FLHSI be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if FLHSI or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service.
You understand further that upon installation and subsequent termination of service FLSHI has the right, but not the obligation to retrieve equipment related to the services delivered, including but not limited to radios, antennas, routers, switches, ATAs, cabling or wires, towers, poles and mounts. FLHSI at its sole discretion shall be permitted to leave or abandon any such equipment in which case the ownership of said equipment shall become the property of customer. In no event will FLHSI be liable for any incidental, consequential, or indirect damages arising out of the abandonment of any such equipment.
Availability of Service/Variation of Speed/Outages. You acknowledge that FLHSI Service, including any internet phone service (VOIP), may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. In order to provide the best possible service to its customers, FLHSI must perform maintenance on its network. In some cases this may require FLHSI to conduct either a planned or unplanned interruption of the Service. FLHSI will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that FLHSI shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions or outages. Except as may be otherwise provided in this Agreement, no refunds or credits will be made for any Service outages. Credits for service outages will only be provided in accordance with a written service level agreement executed by FLHSI.
Network Management. You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that FLHSI reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption. For further information, please refer to FLHSI’s Acceptable Use Policy, which may be amended from time to time.
Acceptable Use Policy. The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. FLHSI reserves the right to immediately restrict, limit, suspend or terminate your Service for any violation of the Acceptable Use Policy, in which case you will forfeit any rights of use and will not be entitled to a refund.
Indemnification. You agree to indemnify, defend and hold harmless FLHSI, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 6 (Indemnification) are for the benefit of FLHSI and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Privacy. It is FLHSI policy not to sell or disclose customer information to ANY third party. In the event FLHSI receives a subpoena related to activity of a user of this service, FLHSI will cooperate fully with any and all Federal, State, or Local Authorities.
Term; Termination. If you have a written term agreement with FLHSI then your contractual term shall renew for like period if not terminated with at least 30 days notice prior to the expiration of the contractual term; if you are a customer without a written contract then service may may be terminated by either party without notice at any time for any reason with 30 days notice; if you are Hotspot user your term of purchase shall apply; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs, 2 (Use of the Service), 6 (Indemnification), 7 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
Backup Circuits. For those customers with a Backup Circuit, your pricing may include a discount for the circuit provided the circuit is used for Backup or redundancy only. You have represented to FLHSI that you have a primary circuit for your use. Backup usage is considered <5% normal utilization as measured by the circuit's bandwidth. For example, during the billing month should you have a 20Mbs circuit then 5% utilization shall mean greater than 1.0 Mbps average usage for any 36 hour period; for a 50Mbs circuit then 5% utilization shall mean greater than 2.5Mbps average usage for any 36 hour period. For any month the usage exceeds backup usage classification (exceeds 5% utilization) any applicable discount provided will no longer apply for that month and you will be charged the non-discounted rate shown on your invoice or original estimate, or if a non-discounted amount is not reflected on your invoice or original estimate then you will be charge 1.75 times the discounted billing rate.
Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between FLHSI and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in Brevard County, Florida. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You understand that this provision shall operte to limit the time period to bring suit regardless of any applicable statute of limitation imposed under Florida law. FLHSI's failure 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. FLHSI may assign its rights and duties under this Agreement to any party at any time without notice to you.