OBXwan FAQs
   
 

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.

  1. Agreements Governing Use of Service. These Terms and Conditions ("T&C’s"), 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.


  2. 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.


  3. 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.


  4. Changes to the Agreement or Charges. We may change or increase the charges for Service or any other charges at any time.


  5. 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.


  6. 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 party’s 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 OBXwan’s 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.


  7. 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.


  8. 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.


  9. 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.


  10. 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, Mb’s, 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 Mb’s 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 Mb’s, 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.


  11. 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.


  12. 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.


  13. 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.


  14. 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.


  15. 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.


  16. 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.


  17. 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.


  18. 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.


  19. Severability. All terms and provisions of these T&C’s are independent of each other. If any term or provision of these T&C’s 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.


  20. 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.


  21. 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.


  22. 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.


  23. 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.


  24. 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.


  25. 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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