Effective March 2, 2010, This is Florida High Speed Internet’s (FLHSI) Wi-Fi Hot Spot Terms and Conditions. You are strongly encouraged to read the entire agreement and to check this webpage periodically for any changes or updates.
IMPORTANT NOTICE: BY USING THE FLHSI SERVICE, FEATURES OR ACTIVATING AN ACCOUNT TO USE THE FLHSI SYSTEMS YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW. PLEASE READ THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW CAREFULLY AS THEY, AMONG OTHER THINGS, LIMIT OUR LIABILITY AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW, YOU MAY NOT USE OR ACTIVATE THE FLHSI SERVICE, FEATURES OR SYSTEMS.
This is a binding agreement between you and Florida High Speed Internet ( “FLHSI,” “we,” “our,” or “us”) for use of FLHSI’s Host Spot wireless network services and related services and features (the “Service”) in accordance with the FLHSI Wi-Fi Hot Spot Terms and Conditions set forth below (the “Terms”), FLHSI’s Acceptable Use Policy and such other policies as FLHSI may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at the FLHSI website at www.flhsi.com.
1. Agreement Governing Use of Service. These FLHSI Terms, any Wi-Fi Plan you have agreed to, and the Policies, including any FLHSI materials you received in connection with your account (together, the “Agreement”), govern the use of the Service. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to FLHSI.
2. Acceptance of Agreement by Use/Activation. You acknowledge that you have read and understood, and you agree to, each of the provisions of the Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of the Agreement. The Agreement applies to you and to anyone who uses the Service. By (a) initiating, activating or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement or ratified any previous consent to the same. If you do not agree to the terms of the Agreement, you may not use the Service.
3. Service Availability; Required Device. An 802.11b-compatible computer, card and/or device (collectively, the "Device") is required to enable the Service to operate. Other requirements to enable use of the Service may be posted on FLHSI’s website (currently located at http://www.flhsi.com). You are responsible for supplying and ensuring that your Device is compatible with the Service and meets federal and other applicable standards. The availability and performance of the Service is subject to all memory, storage and other limitations in the Device. Service is available to your Device only when it is within the operating range of the FLHSI Wi-Fi Hot Spot network. Service may be limited by the transmission power of your Device. FLHSI’s transmission may be stronger than your Device’s ability to return transmission. If you have any question about the access locations or coverage of FLHSI’s Wi-Fi Hot Spot network you may contact us by email from 9am-5pm lists and/or maps may be updated from time to time; actual Service coverage, locations and quality may vary. The Service is subject to unavailability, including unavailability due to emergencies, collocation failures, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service or wireless communications networks more generally. We may impose usage or Service limits, suspend access to the Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is no indication of the speed at which your Device or the Service sends or receives data. Actual network speed will vary based on Device configuration, compression and network congestion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
If we suspect violations of any of the above, we may: a) immediately, without prior notice to you terminate the Agreement and the Service with no liability to you for such termination institute legal action, b) institute legal action, c) terminate any other FLHSI agreements between us and you and the FLHSI service provided under those agreements, and d) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
FLHSI reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to any of the activities described in this section. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in this section and any other activities that may subject FLHSI or its customers to liability or adversely affect FLHSI’s network. Although we attempt to eliminate any such harmful material from our network, FLHSI disclaims any and all liability for any failure on its part with because of its own negligence or not to prevent such materials or information from being transmitted over the Service and/or into your Device.
You will defend, indemnify and hold FLHSI harmless against any and all any and all claims, losses, or liability arising under this section which will survive termination or expiration of the Agreement.
6. Term; Termination of Service. The Agreement begins on the date Service is initiated, activated or used and will continue until terminated by you or expires as stated on the reecipt/confirmation provided by us to you upon your activation. You understand that if your credit or debit card ("Card") expires, does not process payment or is otherwise rejected, we may terminate the Service immediately in our discretion without notice.
7. Loss of Service Due to Power Failure. You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure your Device prior to utilizing or reutilizing the Service.
8. Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent as disclosed on our Acceptable Use Policy out http://www.flhsi.com/Terms/AcceptableUsePolicy.aspx. Note that only communication that complies with the procedure of 17 USC Sec. 512 will receive a response.
9. DISCLAIMER OF WARRANTIES AND DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FLHSI DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLHSI ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. ANY STATEMENTS MADE BY ANY FLHSI EMPLOYEES OR REPRESENTATIVES OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY FLHSI. FLHSI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INCLUDING THE DEVICE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. FLHSI WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE FLHSI’S REASONABLE CONTROL. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE FLHSI NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF FLHSI.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLHSI NOR ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY FEES PAID TO FLHSI HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS, (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT FLHSI WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THESE EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR IF YOU HAVE ANY OTHER DISPUTE WITH FLHSI, OR CLAIM AGAINST FLHSI, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY (IF ANY) WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE, LIMITED TO THE AMOUNT AND EXCLUSIONS SET FORTH HEREIN.
11. Indemnification. . You will defend, indemnify, and hold FLHSI, its affiliates, and their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the “FLHSI Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the FLHSI Parties resulting from, arising out of the Agreement, the Service, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use or misuse of the Service. You also agree to pay FLHSI’s reasonable attorneys’ and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of the Agreement for any reason.
12. Assignment and Successors in Interest. . All of the provisions of the Agreement will be binding upon, inure to the benefit of, and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or FLHSI’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of FLHSI. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, FLHSI may assign or otherwise transfer its rights and obligations under the Agreement without restriction.
13. Privacy and Security. Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding any efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify us of any unauthorized use of your account or other security breach.
14. Signing Authority; Authorized User. You acknowledge that you are of legal age, have received a copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use your Device or the Service.
15. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT EXCEPT THE FAILURE TO MAKE PAYMENT TO FLSHI AS REQUIRED WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO FLORIDA’S APPLICABLE ARBITRATION ACT. THE PARTIES SHALL FOLLOW THE RULES OF THE NATIONAL ARBITRATION FORUM (“NAF”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE BREVARD COUNTY, FLORIDA, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE NAF RULES WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND FLHSI WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE NAF. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY FLHSI. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND FLHSI AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED NOT WITHSTANDING ANY STATE OR FEDERAL STATUTE OF LIMITATIONS. NOTHING IN THE AGREEMENT WILL PREVENT FLHSI FROM SEEKING INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.