Use of 's services is governed by 's Customer Agreement, and by signing up as a customer you agree to the terms of such Customer Agreement. If you do not agree to abide by these terms, please do not proceed with sign up.
PLEASE READ THE FOLLOWING CUSTOMER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE SIGNING UP FOR AN ACCOUNT OR USING THE WIRELESS INTERNET SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE.
CUSTOMER AGREEMENT
The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and ("Brightlan"). Brightlan provides its wireless Internet access services, as they may exist from time to time ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with , you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other policies posted on the website.
1. PAYMENT OBLIGATIONS. You must (i) provide with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact 's Customer Service Department at or by email at . All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old. No credit card refunds will be issued after 90 days.
Charges are billed to your credit cards for the applicable service plan and any additional usage or services. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by . Delinquent accounts may be suspended or canceled at 's sole discretion. However, charges will continue to accrue until the account is canceled and collection, and late fees or other similar fees may be added. may bill an additional charge to reinstate a suspended account.
2. LOCATIONS AND FEES. Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in 's on-going subscription accounts or other flat-rate plans. Current prices for Brightlan's Services and the locations where such Services are available are posted on the website at . These rates and locations also may be obtained by calling (404) 592-6401. Brightlan reserves the right to change prices and locations, and institute new fees at any time. You must contact Brightlan if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time.
3. YOUR USERNAME AND PASSWORD; SECURITY. Upon registration, you will receive a username and password. You are the only authorized user of your account, unless expressly specified otherwise in your service plan, and your use of your account 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 immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services or servers over a wireless LAN connection. This includes streaming video outbound, whether from cameras, video recorders or applicationsUsernames and passwords are Brightlan's property and may alter or replace them at any time.
4. MONITORING THE SERVICES. Brightlan has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if , 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.
5. WARRANTY DISCLAIMER. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY , BRIGHTLAN 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. BRIGHTLAN 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. ELECTRICAL POWER FOR PARTS OF THIS NETWORK IS PROVIDED BY THE SITE WHERE THE SERVICE IS INSTALLED. BRIGHTLAN IS NOT RESPONSIBLE FOR DAMAGES RESULTING FROM LOSS OF POWER BEYOND ITS CONTROL SUCH AS LIGHTNING OR OTHER WEATHER AS WELL AS LOSS OF POWER LINE CONNECTIVITY.
6. LIMITATION OF LIABILITY. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHTLAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRIGHTLAN MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND CUSTOMER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY BRIGHTLAN OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, BRIGHTLAN'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE ACCRUAL OF THE CLAIM.
7. INDEMNIFICATION. You agree, at your expense, to defend and hold harmless Brightlan and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
8. ACCEPTABLE USE POLICY. All customers of the Brightlan'a Services and users of the website and/or the software agree to and must comply with this section 8, which is 's Acceptable Use Policy (AUP), and your use of any Services, website or software provided by constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Brightlan does not actively monitor the use of the Services under normal circumstances. Similarly Brightlan does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Brightlan may remove, block, filter, or restrict by any other means any materials that, in Brightlan's sole discretion, may be illegal, may subject to liability or may violate this AUP. Brightlan 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 account or other actions as detailed below. When a Customer uses the Services, the third-party from whom has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.
Without limiting the foregoing, you agree not to use the Services to:
(i) 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;
(ii) harm, or attempt to harm, minors in any way;
(iii) 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;
(iv) 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 nondisclosure agreements);
(v) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vi) 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;
(vii) 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;
(viii) 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;
(ix) 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;
(x) 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;
(xi) "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;
(xii) resell the Services without 's authorization;
(xiii) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server, including peer to peer file sharing.
Brightlan requests that anyone who believes that there is a violation of the AUP direct the information to: abuse@brightlan.net or (404) 592-6401 . If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) 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.
Brightlan may take any one or more of the following actions, or other actions not listed, at Brightlan's sole discretion in response to complaints: (i) issue warnings, written or oral; (ii) suspend the customer's account; (iii) terminate the customer's account; (iv) bill the customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
9. 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.
10. COPYRIGHTS AND TRADEMARKS. All content included on Brightlan's website, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of 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 the website without the express written permission of is strictly prohibited.
11. TERMINATION. You may terminate your account at any time and for any reason either by not renewing or by providing notice of intent to terminate to 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 , Customer Service, Brightlan,1635 Old Hwy 41 Ste 112-246 ,30152 ; a Help Desk ticket at http://help.brightlan.net, or telephone calls directed to Customer Service at (404) 592-6401. Your termination will only be complete upon your receipt of a written or Emailed cancellation confirmation from Brightlan. If a termination notice is received at least 5 business days prior to the end of an automatic 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 an automatic billing cycle, charges to your account may continue until the end of the following billing cycle. If you are on a discounted plan (one with free months or a multi month discount) your service will terminate at the end of the month in which you gave us proper written notice. In this case, you will be billed at the full monthly rate.
Without prior notice, Beightlan may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if , Brightlan in its sole discretion, believes you have violated this Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. may provide termination notice to you by email or by US Mail or courier service to the address you provided for the Services. All notices to you will 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.
12. REFUNDS. When an account is terminated, any refunds due the customer will be calculated based on the least daily rate, as prorated. Refunds will be issued by the same manner as the charges were paid. If credit card was used, refunds will be mane to the credit card, not by check. Brightlan may elect to refund based on the number of total remaining days in the plan or by the number of remaining days AFTER the beginning of the month following termination. If terminated during the "free" month(s) awarded at the end of the subscription, there will be no refund at all.
The provisions of the following sections of this Agreement will survive termination of this Agreement 3, 5, 6, 7, 8, 10, 11
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