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This is an agreement between you and Outer Banks Wireless
Access Network, Inc. and its affiliates ("OBXwan," "SkyeNet
Wireless Communications, Inc.", "we" or "us") for
wireless local area network communications services and related services and
features.
- Agreements Governing Use of
Service. These Terms and Conditions ("T&Cs"), you have
agreed to, and the specific Rate Plan or Service Plan Information that
applies to your account (together, the "Agreement"), govern
the use of the Service.
- Acceptance of Agreement by
Use/Activation. BY USING/ACTIVATING THE SERVICE, YOU REPRESENT YOU ARE
OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree
to the terms of the Agreement, do not use the Service. Your
electronic acceptance on our web site, your activation or use of the
Service constitutes your acceptance of the Agreement. Your electronic
acceptance of the Agreement shall have the same force and effect as if
you had actually signed the Agreement.
- Mandatory Arbitration;
Dispute Resolution. YOU WILL FIRST NEGOTIATE WITH US IN GOOD FAITH TO
SETTLE ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR
CONCERNING THE AGREEMENT, OR OUR PROVISION TO YOU OF GOODS, SERVICES, OR
UNITS ("CLAIM"). IF YOU DO NOT REACH
AGREEMENT WITH US WITHIN 30 DAYS, INSTEAD OF SUING IN COURT, YOU AGREE
THAT ANY CLAIM MUST BE SUBMITTED TO FINAL, BINDING ARBITRATION.
YOU AND WE ACKNOWLEDGE AND AGREE THAT THIS SEC. 3 WAIVES ANY RIGHT TO A
JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A
CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF
YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE,
THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE
RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL
CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT
BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE
AGREEMENT SHALL OTHERWISE REMAIN BINDING.
- Changes to the Agreement or
Charges. We may change or increase the charges for Service or any other
charges at any time.
- Service Availability. A Wi-Fi
enabled device is required to enable the Service to operate. You must
ensure your device is compatible with the Service. Service is only
available at designated OBXwan locations. Service is available to your device
only when it is within the operating range of the OBXwan network. OBXwan locations and
maps are subject to change at any time without notice. Actual service
coverage, speeds, locations and quality may vary. Service is subject to
unavailability, including emergencies, third party service failures,
transmission, equipment or network problems or limitations, interference,
signal strength, and maintenance and repair, and may be interrupted,
refused, limited or curtailed. We are not responsible for data, messages
or pages lost, not delivered, delayed or misdirected because of
interruptions or performance issues with the Service or communications
services or networks (e.g., T-1 lines or the Internet). We may impose
credit, usage or Service limits, suspend Service, or block certain kinds
of usage in our sole discretion to protect users or our business.
Network speed is an estimate and 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, network congestion
and other factors. The accuracy and timeliness of data received is not
guaranteed; delays or omissions may occur. We may, but do not have to,
change or improve the Service by, among other things, changing or
upgrading the 802.11b standard.
- Use of Service. Unless
otherwise set forth by us in writing, you are receiving a single user
account solely for your use of the Service through one device per login
session. You agree not to resell or attempt to resell any aspect of the
Service, whether for profit or otherwise, share your IP address or ISP
Internet connection with anyone, access the Service simultaneously
through multiple units or to authorize any other individual or entity to
use the Service. You agree that sharing the Service with another party
breaches the Agreement and may constitute fraud or theft, for which we
reserve all rights and remedies. You have no proprietary or ownership
rights to a specific IP or other address, log-in name, or password that
you use on our network. We may change your address, log-in name or
password at any time. We will assign you an IP address each time you
access the Service, and it may vary. You may not assign your log-in
name, password or IP address to any other person. You agree not to use
or attempt to use the Service, the OBXwan network or website, or your device
for any fraudulent, unlawful, harassing or abusive purpose, or so as to
damage or cause risk to our business, reputation, employees,
subscribers, facilities, or to any person. Improper uses include, but
are not limited to: a. violating any applicable law or regulation; b.
Posting or transmitting content you do not have the right to post or
transmit; c. Posting or transmitting content that infringes a third
partys trademark, patent, trade secret, copyright, publicity, privacy,
or other right; d. Posting or transmitting content that is unlawful,
untrue, stalking, harassing, libelous, defamatory, abusive, tortious,
threatening, obscene, hateful, abusive, harmful or otherwise
objectionable as determined in our sole discretion; e. Attempting to
intercept, collect or store data about third parties without their
knowledge or consent; f. Deleting, tampering with or revising any
material posted by any other person or entity; g. Accessing, tampering
with or using non-public areas of the Service or any OBXwan website or
OBXwans computer systems and network; h. Attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures; i. Attempting to access or search the Service
or any OBXwan network or website with any engine, software, tool, agent,
device or mechanism other than the software and/or search agents
provided by us or other generally available third party web browser; j.
Sending or attempting to send unsolicited messages, including without
limitation, promotions or advertisements for products or services,
"pyramid schemes", "spam", "chain mail" or
"junk mail"; k. Using or attempting to use the Service or any
OBXwan website to send altered, deceptive or false source-identifying
information; l. Attempting to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any way making up
a part of the Service or any OBXwan system; m. Interfering or attempting
to interfere with the access of any user, host or network, including
without limitation, sending a "virus" to the Service or any
OBXwan system, overloading, "flooding," "spamming,"
"crashing," or "mail bombing" the Service or any
OBXwan website; or n. Impersonating or misrepresenting your affiliation
with any person or entity.
If we suspect violations of any of the above, we may: a) institute legal
action, b) immediately, without prior notice to you terminate the
Agreement and the Service, c) terminate any other OBXwan agreements
between us and you and the OBXwan 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.
OBXwan 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 T&Cs, including but not limited to any of the
activities described in this section 6. 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 T&Cs, including but not
limited to those activities described in this section 6 and any other
activities that may subject OBXwan or its customers to liability. OBXwan
disclaims any and all liability for any failure on its part to prevent
such materials or information from being transmitted over the Service
and/or into your device.
- Content Disclaimer:
Cautions and Restrictions. We do not control, nor are we responsible or
liable for, data, content, services, or products (including software)
that you access, download, receive or buy via the Service. We may, but
do not have to, block information, transmissions or access to certain
information, services, products or domains to protect us, our network,
the public or our users. Therefore, messages and other content may be
deleted before delivery. The Internet contains unedited materials, some
of which may be offensive to you. We are not a publisher of third-party
content accessed through the Service, and are not responsible for the
content, accuracy, timeliness or delivery of any opinions, advice,
statements, messages, services, graphics, data or any other information
provided to or by third parties as accessible through the Service. You
are responsible for paying all fees and charges of third party vendors
whose sites, products or services you access, buy or use via the
Service. If you choose to use the Service to access web sites, services
or content, or purchase products from third parties, your personal
information may be available to the third-party provider. How third
parties handle and use your personal information related to their sites
and services is governed by their security, privacy and other policies
(if any) and not ours. We have no responsibility for third party
provider policies, or their compliance with them. If you elect to
download into your device or otherwise enable any software, including
any "client" designed to facilitate your access of the
Service, you shall be solely responsible for, and shall be deemed to
have reviewed and, to the extent applicable, acknowledged, accepted or
waived, any disclosures, notices or options otherwise made available to
you for viewing as part of the log-in process for the Service.
- Term; Termination of
Service. The Agreement begins on the date Service is activated or used
(or is otherwise deemed to have been accepted as provided in Sec. 2) and
will continue until terminated by you or us in the manner provided in
the Agreement. You understand that if at any time you are not current in
paying amounts owed to us, or 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. Despite termination you will be liable for payment of any
amounts due or other obligations incurred before or upon termination,
whether the Agreement is ended by you or us.
- Default Termination. You
will be in default under the Agreement if you do not pay any sum when
due, breach the Agreement or any other agreement between you and us,
become the subject of any proceeding under the Bankruptcy Code or become
insolvent. In any such case, you shall remain responsible for payment of
all charges and fees (including any early termination fee) due under the
Agreement (including charges incurred after a bankruptcy filing), which
charges will be immediately due and payable. We have the right to
discontinue Service and/or terminate the Agreement without prior notice
if you default under the Agreement. If we agree to renew Service to you
after discontinuing Service, you agree to pay any applicable
reactivation charges. Our remedies hereunder are not exclusive but are
in addition to all other remedies provided by law.
- Billing and Payment of
Charges. You agree to provide us with accurate and complete billing
information including legal name, address, telephone number and credit
or debit card/billing information, and to report all changes to this
information within 30 days of the change. You represent that the address
you have provided to us for billing purposes is either your residential
or business street address. You authorize us to verify your
creditworthiness with credit-reporting agencies from time to time. You
agree to timely pay in full all charges for Service under the Agreement,
including regular monthly Service and other charges billed to your
account. Charges may include, without limitation, monthly recurring
charges for Service and. You will be charged for Service and other
features based on your selected Service plan. Except as otherwise
provided in your rate or service plan, monthly recurring charges are
invoiced one billing cycle in advance and any portion of a monthly
billing cycle is not prorated, but billed as a whole cycle. We may
change your billing cycle at any time. Where roaming is available,
additional fees (which may include access, airtime and/or megabyte
charges) may apply when downloading or sending data outside of our
network. You will be charged for all data sent or received by any unit
you use (including, without limitation, "free" software
downloads, messaging, unsolicited information and advertisements),
regardless of whether the data is requested, actually or completely
delivered, received or stored. In some cases data packets will be resent
to ensure complete delivery; you will be billed for these resent
packets. You understand that Service connection (and billing) starts at
the time you log on to the Service and does not end until you properly
log off and the network terminates the connection (after log off). If
you (a) do not properly log off, (b) leave the coverage area during a
session or (c) lose your connection for any reason, then billing will
not terminate until at least several minutes after you lose your
connection and you will be charged for this period. Some Units, such as
personal data assistants and other handheld devices, may require you to
remove your wireless card and turn off your Unit in order to properly
terminate your connection. You should do so to ensure your connection is
terminated. You understand that if you exceed any applicable allotment
of minutes or megabytes ("Mb") under your rate or service
plan, you will pay the per-minute and/or per-Mb overage fees applicable
to your OBXwan rate or service plan. Unused minutes, Mbs, or other allocated
Services from any rate or service plans or features do not carry over to
subsequent billing cycles. All minutes of use are billed in full minute
increments; all Mbs of use are billed in full Mb increments; any
fraction of a minute or Mb of usage is rounded up and charged, or
deducted from any allocated minutes or Mbs, as a full minute or
megabyte on a per session basis. Any taxes, assessments, fees, costs or
charges imposed on us or you as a result of providing the Service will
be added to your charges and are subject to change or increase at any
time without notice. If we have agreed that you may pay for charges with
a Card, we will charge the Card, when we bill for the charges, for all
amounts or other obligations incurred before termination. YOU AGREE THAT
YOUR CARD WILL AUTOMATICALLY BE BILLED BY US EACH MONTH FOR THE DURATION
OF YOUR SERVICE UNTIL THE AGREEMENT IS TERMINATED AS PROVIDED HEREIN.
You also authorize us to charge your Card at or after termination of
Service to pay what you then owe (including, but not limited to, payment
of any early termination fee). If you revoke authorization to charge
your Card, or if for any reason your Card issuer does not pay us, we
must receive payment from you on or before the due date, or you will be
in default. Except as prohibited by law, charges, less disputed amounts,
must be paid by the due date. You agree that (a) time is of the essence;
(b) it would be impractical to fix the exact amount of our damages if
you fail to pay promptly; and (c) in the event we do not receive payment
by the due date, your payment is past due and you shall pay us default
interest of the lower of 1.5% per month (or any portion thereof) of any
past due amount until paid, or the highest amount permitted by law.
If you believe you have been incorrectly charged, you must
notify us of such disputed charges within sixty (60) days from the date
the disputed charges are first billed or you waive your right to dispute
those charges. Please contact OBXwan Customer Care at
1-866-759-3638 so that we can review your account. If you accept a credit to resolve an
issue, you agree that the issue has been resolved. We may require you to
describe the dispute in writing. Any written communications concerning
disputed amounts owed must be sent to: OBXwan Customer Care, 390 Seaford Ave, Massapequa, NY. If
it is determined that you owe any amount in dispute, that amount will be
added to any current charges and must be paid by the due date. If we
accept late or partial payments or payments marked "Paid in
Full" or similar notations, it will not waive any of our rights
hereunder to collect all amounts that you owe us nor will it constitute
an accord and satisfaction. We may charge you a fee of $20 or such
amount as may be permitted by law for any Card amount rejected or check
returned for insufficient funds.
- Digital Millennium
Copyright Act ("DMCA") Notice. In operating the Service, we
may act as a "services provider" (as defined in the DMCA) and
offer services as an online provider of materials and links to third
party web sites. As a result, third party materials that are not owned
or controlled by us may be transmitted, stored, accessed or otherwise
made available using the Service. If you believe any material available
via the Service infringes a copyright, you should notify us using the
notice procedure for claimed infringement under the DMCA. We will
respond expeditiously to remove or disable access to material we
determine may be infringing and will follow the procedures specified in
the DMCA to resolve the claim between the notifying party and the
alleged infringer who provided the applicable content.
- Disclaimer of Warranties.
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL
FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE
WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF
ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY
OF OUR AGENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS
WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR
AFFILIATES ("OBXWAN OR SKYENET WIRELESS COMMUNICATIONS, INC. AFFILIATES")
WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES
AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE,
ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
- Limitation of Liability. We
shall not be liable for any deficiency in performance caused in whole or
in part by the act or omission of an underlying carrier or service
provider, dealer, equipment or facility failure, network problems,
interference, lack of coverage or network capacity, acts of God,
strikes, fire, war, terrorism, riot, emergency, government actions or
any other cause beyond our control. EVEN IF OBXWAN OR ANY OF THE OBXWAN
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL
NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY
THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING
WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL
INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM
INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS
OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER
HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE
INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION,
COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT, ACCESS
TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR
TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR
MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO
CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF OBXWAN AND ANY OBXWAN AFFILIATES TO
YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT
FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS
AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR UNIT, SHALL BE TO
RECOVER THE PRORATED DAILY OR OTHER CHARGES TO YOU FOR THE APPLICABLE
SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO
THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY
DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY THIRD
PARTY NETWORK PROVIDER FROM WHICH ROAMING SERVICES ARE PROVIDED OR MADE
AVAILABLE TO YOU AS PART OF THE SERVICE.
- Indemnification. You agree
to defend, indemnify and hold us, any underlying carrier or network
provider (including any carrier or network provider from which roaming
services are provided or made available to you as part of the Service),
and any OBXwan Affiliates harmless from and against any and all claims,
demands, actions, liabilities, costs or damages arising out of your use
of the Service or a Unit or your violation of the Agreement. You further
agree to pay our reasonable attorneys and expert witnesses fees and
costs arising from any actions or claims hereunder and those incurred in
establishing the applicability of this section.
- 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 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. If you are roaming on another network, OBXwan cannot
guarantee the security of such network, the privacy of your data or the
ability of your solution to work on such network. You are strongly
encouraged to review the user policies applicable to any such roaming
network, including those related to security and privacy, before
commencing a roaming session.
- Cancellation and Return
Policy. You may cancel Service without paying any applicable early
termination fee if within 30 calendar days from plan commencement
("Return Period") you contact us to cancel Service. Even if
you cancel Service as provided herein, you must pay all Service and
usage charges incurred prior to cancellation and any subsequent
penalties or assessments.
- Assignment. We may assign
in whole or in part our rights or duties under the Agreement without
prior notice to you and upon such assignment we shall be released from
all liability hereunder. You may assign the Agreement only with our
prior written consent. Subject to this restriction, the Agreement shall
inure to the benefit of and be binding upon the heirs successors,
subcontractors, and assigns of the respective parties.
- Notices and Communication.
Written notices to you shall be considered given and received by you on
the third day after the date deposited in the U.S. Mail addressed to you
at your address in our billing records or immediately upon delivery
using electronic means such as e-mail. Written notice to us shall be
considered given when received by our registered agent SkyeNet Wireless
Communications, Inc., 390 Seaford Ave, Massapequa, NY 11758. You agree
that we may contact you through the Service to notify you of changes to
or information about your account, the Service, additional services or
the Agreement.
- Severability. All terms and
provisions of these T&Cs are independent of each other. If any term
or provision of these T&Cs is held to be inapplicable or
unenforceable, including without limitation any terms or provisions in
Secs. 3, 14 or 15, then: (a) such term or provision shall be construed,
as nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect, (b) the Agreement
will not fail its essential purpose and (c) the balance of the terms and
provisions shall remain unaffected and in full force and effect, unless
our obligations hereunder are materially impaired, in which event we
reserve the right to terminate the Agreement.
- Governing Law; Venue and
Statute of Limitations. Except as set forth in Sec. 3, the Agreement,
its validity, construction and performance, shall be governed by the
laws of the state of your last known address (as listed in our records).
Arbitration proceedings or any actions to enforce an arbitral award
shall be in the state of your last known address (as listed in our
records). In no event shall any arbitration be commenced outside the
U.S., nor shall any law outside the U. S. be applied. Except as
otherwise provided in the Agreement, and unless prohibited by law, any
controversy, claim or dispute must be brought by you within one (1) year
of the date you are entitled to assert any such claim.
- Entire Agreement. The
Agreement represents the final and entire agreement between you and us
regarding the Service. Except as otherwise provided in the Agreement, no
prior or subsequent handwritten, typed, or oral change to the Agreement
will be valid unless we accept it in writing. Our failure at any time to
require strict performance by you or any other subscribers of any of the
provisions herein shall not waive or reduce our right to thereafter
require strict compliance with any provisions of the Agreement.
- 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 the Service.
- Survival. The following
provisions, and any other provisions which may reasonably be construed
as surviving, and the rights and obligations of the parties thereunder,
shall survive any termination of the Agreement for any reason: Sec.s 3,
5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, and 23
and the terms and conditions related to your use of other OBXwan
services.
- Prepaid Customers.
(a) If you purchase prepaid Service of any kind, the Agreement and the
following apply to you. When purchasing prepaid Service, you are
responsible for prepaying all charges for using the Service. The balance
in your prepaid account is reduced by the charges attributable to your
use of the Service. You must keep a positive balance in your prepaid
account to continue using the Service. The prepaid Service may
be subject to a minimum user session, which will be charged against your
account balance. The prepaid Service you purchase is non-cancelable and
will expire within a certain time period. The minimum user
session, expiration period and other details concerning the prepaid
Service will be disclosed in the Rate Plan Information you receive at
the time of your purchase of prepaid Service. If you have any questions
about your prepaid Service please contact OBXwan Customer Care. Prior to
expiration, you may extend the expiration period by purchasing
additional prepaid Service. You will not receive a monthly invoice or
activity record for use of prepaid Service. Prepaid Service is
non-refundable, and no reimbursement will be given for lost or stolen
prepaid cards, accounts or coupons. Unused prepaid account balances
become our property upon expiration or termination of the Service
purchased, and will not be refunded, notwithstanding a modification as
provided under Sec. 4.
(b) If you purchase the Daily or Weekly Access product, the Agreement
and the following apply to you. When purchasing the Daily or Weekly
Access, you are responsible for prepaying all charges for using the
Service. The Daily Access may only be used within the first 24
continuous hours immediately after initial login. The
Weekly Access may only be used within the first 7 continuous days
immediately after initial login. The prepaid Service you
purchase in the form of a Daily or Weekly Access is non-cancelable and
will expire within a certain time period. The expiration period and other
details concerning the Service will be disclosed in the Rate Plan
Information you receive at the time of your purchase. If you have any
questions about your Daily or Weekly Access account, please contact
OBXwan Customer Care. You will not receive a monthly invoice or activity
record for use of your Daily or Weekly Access account. The Daily or
Weekly Access account is non-refundable, and no reimbursement will be
given for lost or stolen login credentials. Unused Daily and Weekly
Access account balances become our property upon expiration or
termination of the Service purchased, and will not be refunded,
notwithstanding a modification as provided under Sec. 4.
- Unlimited-Monthly
Service Plan. If you purchase an Unlimited-Monthly Service Plan,
the Agreement and the following apply to you. Monthly recurring charges
are invoiced one monthly billing cycle in arrears. Please contact
Customer Care at (866) 759-3638 if you have questions about your bill.
Any written communications concerning disputed amounts owed must be sent
to: OBXwan Consumer Relations, 390 Seaford Avenue, Massapequa, NY 11758.
Canceling the Monthly Service Plan does not automatically terminate your
other OBXwan services or service agreements, and you will continue to be
billed for those other services until they are properly terminated. If
you breach the Agreement, we may without prior notice to you: a)
terminate the Agreement and the Service, and b) terminate any other
OBXwan agreements between us and you and the OBXwan service provided
under those agreements.
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