WiFi-Texas Policies

End-User Customer Agreement & Acceptable Use Policy

Privacy Notice

 

WiFi-Texas.com, Inc. Customer Agreement

Read This Customer Agreement Carefully Before Using Our Wireless Internet Services.

The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and WiFi-Texas, Inc. ("WiFi"). WiFi provides its wireless Internet access services, as they may exist from time to time ("Services"), to Customers who establish an account with WiFi. By establishing an account or using any software provided, developed, licensed or owned by WiFi (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other WiFi policies posted on our Web site.

Subscription Requirements

Customers must be at least 18 years old. Access points or enabled venues may not be available in all areas. Current prices for WiFi's Services are posted on our signup splash screen that you will see before you sign-on. WiFi reserves the right to change prices and institute new fees at any time. Other important Service details are available at http://wifi-texas.com .

Payment Obligations Of A Customer

Customers must (1) provide WiFi with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to WiFi all changes to this information within 30 days of the change. Customers are responsible for any charges to their account.

Customers having questions regarding charges to an account should contact WiFi's Customer Service by email at info@wifi-texas.com. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. WiFi is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by WiFi.

Delinquent accounts may be suspended or canceled at WiFi's sole discretion; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added. WiFi may bill an additional charge to reinstate a suspended account.

Customer's Account, Password And Security

Upon registration, you will receive a username and a password. You are the only authorized Customer of your WiFi account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify WiFi immediately upon discovering any unauthorized use of your account.

Should your account username and password be used on multiple computers, you will be informed of this situation by email, and your account will be charged for excess usage once it is determined. You may sign up for additional computers at your apartment using our two and three user plans. Usage at a different appartment on a regular basis is not permitted and requires a new and different account. and could cause a doubling of usage fees if not corrected.

Usernames and passwords are WiFi's property and WiFi may alter or replace them at any time.

Monitoring The Services

WiFi has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if WiFi, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers.

Disclaimer Of Warranties And Limitation Of Liability

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY WIFI, WIFI DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. WIFI 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.

THE SERVICES AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WIFI DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WIFI MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH WIFI OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND WIFI DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY WIFI OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. WIFI AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, WIFI'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY SUCH CUSTOMER DURING A ONE YEAR PERIOD.

Web Site Usage

Our Web site on the World Wide Web at the domain "http://www.wifi-texas.com" or any other site operated by WiFi is a complimentary information service offered by WiFi at no charge to Customers. We may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by WiFi of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Your posting of material on the Web site or providing material to WiFi to use on the Web site will be deemed to be a grant by you to WiFi 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.

Acceptable Use Policy

All Customers of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do 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 Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject WiFi to liability or may violate this AUP. WiFi may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or WiFi account or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Services to:

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(2) harm, or attempt to harm, minors in any way;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

(7) transmit any material (by uploading, posting, email or otherwise) 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;

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(9) 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;

(10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(11) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;

(12) resell the Services without WiFi's authorization;

(13) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

WiFi requests that anyone who believes that there is a violation of this AUP direct the information to: services@wifi-texas.com . If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

WiFi may take any one or more of the following actions, or other actions not listed, at WiFi's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the Customer's account; (3) terminate the Customer's account; (4) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Term Of Agreement

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.

Legal Notices

All content included on this Web site, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of WiFi or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of WiFi is strictly prohibited.

WiFi is committed to complying with U.S. copyright law and expects all of our Customers 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 WiFi of your copyright infringement claim in accordance with the following procedure.

WiFi will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to WiFi's designated agent at legal@wifi-texas.com .

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) 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 WiFi to locate the material; (4) Contact information of the complaining party; (5) 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; (6) 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.

Termination

You may terminate your account at any time and for any reason by providing notice of intent to terminate to WiFi at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to WiFi-Texas, Inc., Customer Service, 815-A Brazos #326, Austin, Texas 78701; or telephone calls directed to Customer Service at (512) 377-9207. Your termination will only be complete upon your receipt of a cancellation confirmation number from WiFi. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.

Without prior notice, WiFi may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if WiFi, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. WiFi 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 on the first (1st) calendar day following the date 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 (1) your payment obligations, (2) your account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement.

Jurisdiction
This Agreement is governed by Texas law without regard to conflict of law provisions.

Miscellaneous

This Agreement, the Privacy Policy and WiFi's other Customer policies posted on WiFi's Web site constitute the entire agreement between you and WiFi with respect to your use of the Services. WiFi may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner.

 

WiFi-Texas.com, Inc. Privacy Policy

The privacy and security of your personal information is a foremost consideration of WiFi-Texas, Inc. We want to make your experience using the WiFi-Texas Amenity Network™ service as enjoyable and rewarding as possible while allowing you to feel secure that your privacy interests are being respected.

Collection of Personal Information

Required Information

WiFi-Texas collects certain information that is necessary to fully service your WiFi-Texas account. As a customer, you will be asked to provide information that is needed in order to create your WiFi-Texas account and fulfill our service commitment to you such as your name, address, phone number, e-mails address and billing information. We treat this personal information that you provide to us as highly confidential. WiFi-Texas may use this personal information for editorial and feedback purposes, marketing and promotional purposes, for statistical analysis and for product development. Your personal information, however, will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise or in special circumstances. In instances where WiFi-Texas and a partner jointly promote the WiFi-Texas service, WiFi-Texas may provide that partner certain information, such as name and e-mail address, for the sole purpose of allowing WiFi-Texas and the partner to evaluate the promotion.

Optional Information

WiFi-Texas collects certain optional information that you may provide through the registration process. This information is used to tailor our account services to most effectively serve you, and to better understand the aggregate profile of our customers. This information may also be used in developing new services.

Like any business interested in attracting and offering the highest quality of service to customers, WiFi-Texas gathers voluntary demographic information about our customers. These questions seek to gain insight on such things as how an individual became aware of our service, their gender, occupation and travel preferences and practices. In addition, customer comments and inquiries are collected and stored for each customer that submits them. This information is collected and stored with the customer's individual WiFi-Texas account information. This information is kept completely private and confidential.

WiFi-Texas occasionally conducts user surveys to better target our service offering to existing as well as new customers. We sometimes share aggregated demographic information in these surveys with business partners that offer complimentary offerings to the WiFi-Texas service. This information is summarized, and information about specific individuals is never shared with any third party. Participation in our customer surveys is voluntary.

WiFi-Texas may offer incentive programs to customers, visitors to the WiFi-Texas Web site (www.WiFi-Texas.com), the general public and individuals identified through direct mail lists. These offerings are promoted on the Web site, advertisements and press releases. At a minimum, required information includes name and e-mail address; in some cases, the customer must answer mandatory survey questions about other personal data or enter a program code. The information gathered in the entry form is used to verify the entrant's identity, to send the entrant an e-mail notification that their entry has been received, and to contact winners and/or prize recipients. Because the rules and terms of each program can vary, all information about each program is clearly posted during the event. All such programs are conducted in full accordance with United States federal and state laws.

Tracking Information

WiFi-Texas may collect and/or track certain information that is derived from your usage of the WiFi-Texas service such as usage patterns, travel patterns and Web site page views and traffic patterns. WiFi-Texas may use this tracking information for statistical purposes to improve our products and services and to manage our networks and systems more efficiently. To keep track of traffic on their servers, Web sites often store a small data file on your hard disk when you visit them. This file is commonly referred to as a "cookie." A cookie file can contain user specific information, such as User ID, or it can be used to maintain a connection with you during your visit (so that you can visit pages of a site without retyping the same information over and over). WiFi-Texas uses cookies to track customer traffic patterns, to maintain a connection during your visit with us, to track your preferences, and to diagnose problems on our server and administer our site. Cookies enable you to enter all parts of the WiFi-Texas Web site, and are used to save your User ID on the login page (we encrypt the User ID for added security). In addition, cookie files help us assist you with questions about site navigation, functionality or performance. Partners also may use their own "cookies." We do not control the use of our partners' cookies and expressly disclaim responsibility for information collected through them.

WiFi-Texas also records the MAC (Media Access Controller) address from the network card in or used with your computer or other device to enable WiFi-Texas to accurately perform our billing functions.

Use of Information

WiFi-Texas will not divulge any of your personal information -- contact, financial, bill history -- to any other organization unless (1) you give WiFi-Texas explicit, and specific, prior permission, (2) the disclosure is required by law or by legal process authorized by a court of competent jurisdiction, (3) WiFi-Texas suspects fraud by a customer involving WiFi-Texas, in which case WiFi-Texas may investigate and report any evidence, including personally identifiable information, to law enforcement officials and to the courts in the course of seeking remedies at law and equity and/or (4) you make an inquiry, request or complaint that requires follow-up and we share your information with others to satisfy your inquiry.

WiFi-Texas may contact customers or Web site visitors regarding account status and changes to this privacy policy and any other policies or agreements relevant to Web site visitors. WiFi-Texas may use your information to disclose summary information to strategic and business partners. This is obtained by combining data from many individuals with the name and other identifiers removed. WiFi-Texas also may create aggregate reports on user demographics and traffic patterns. This information may be used to negotiate with service providers who complement the WiFi-Texas service or assist us in our efforts to expand our customer base.

WiFi-Texas opposes the e-mailing of any junk mail, and does not sell customer information to e-mail lists or telemarketers. If any of our partner sites engage in such practices, for any reason, WiFi-Texas will immediately investigate, and if appropriate, discontinue services with such parties. If you receive junk e-mail that mentions WiFi-Texas or its services, please send details to us at info@WiFi-Texas.com and we will investigate promptly.

Correcting and Updating Your Information

As a WiFi-Texas customer, you are always fully in control of the information that we maintain to service you. You can change your personal information at any time and as often as necessary. You also can request that the data be deleted (requests for deletion of certain information may require closing the account). Information about a customer may be withheld or exempted from deletion if this is required by law, is part of a fraud investigation or is required for accounting and audit purposes.

Commitment to the Privacy of Your Family

Protecting the safety of minor children when they use the Internet is very important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and other applicable laws. We recommend that children receive permission from a parent before gaining access to the WiFi-Texas service or sending personal information to WiFi-Texas or anyone else online.

Security Measures

Your account information is kept confidential and secure via a unique User Identification number and password that is issued to you. Your User ID and password should be kept confidential because it is the key to accessing the information held by WiFi-Texas about you. If your computer or other device is accessible to or by others, please log out of the WiFi-Texas site before you leave it. Security is also provided through your web browser, which supports 40, 56 or a 128-bit version of encryption with the SSL (Secure Sockets Layer) security protocol. When you visit the WiFi-Texas Web site, your personal account information is encrypted when transmitted across the Internet, using the highest degree of security applicable.

WiFi-Texas has instituted internal safeguards to reduce the likelihood of accidental disclosures and unintended access of customer information (although it is impossible to eliminate this possibility completely). All employees, contractors and other companies engaged by WiFi-Texas are contractually required, through signed, internal non-disclosure agreements, to keep customer information confidential and not to use it in any way other than what is necessary to perform their work for WiFi-Texas. Violations of these policies can result in termination in the case of employees, the severing of contractual obligations in the case of contractors and other companies, and in civil and criminal penalties if warranted and applicable by law.

Additional Information

This privacy policy is effective as of January 1, 2003. WiFi-Texas reserves the right to change this policy at any time. By using the WiFi-Texas service, you are acknowledging and accepting all terms and conditions outlined in this WiFi-Texas.com, Inc. privacy policy.

If you have any questions regarding this policy statement, please e-mail us or info@WiFi-Texas.com.

This privacy and security pledge is part of our contract with you. Thank you for choosing WiFi-Texas.com, Inc.