Mobile Broadband Service Contract: Internet Services Terms and Conditions
PLEASE READ CAREFULLY PRIOR TO USING GROUPACCESS' INTERNET SERVICES.
Introduction: ("GroupAccess, Inc.") provides certain internet services ("the Services") through GroupAccess Mobile Broadband access ("Mobile Broadband Access"). Any user who wishes to use the Services ("Customer") agrees to be bound by these terms and conditions of use ("Terms and Conditions"), GroupAccess acceptable use policy ("Acceptable Use Policy" or "aup"), and other policies, all of which are subject to change from time to time. If you do not agree to the Terms and Conditions, aup or other policies, including future revisions, you may not use these Services, and if you are a current Customer you must terminate your use of the Services immediately. Any future revisions to these Terms and Conditions, aup, or other policies will be posted on GroupAccess website.
When You Accept The Terms and Conditions for ANY of the Services we provide: You must have the legal capacity to accept the Terms and Conditions. You accept the Terms and Conditions when you do any of the following: (a) sign a contract with us on paper or electronically; (b) accept Agreement through an oral or electronic statement; (c) attempt to or in any way use the Services; (d) pay for the Services; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things.
Equipment and Services: Customer must be at least 18 years old. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Services provided by GroupAccess are for the sole use of the Customer and not resale of any kind without prior written consent of GroupAccess which may be given at GroupAccess' sole discretion. In the event the Customer attempts to resell the Services, GroupAccess may, at its sole discretion, increase the fees associated with Services, or terminate the Services.
Mobile Broadband Access Data: Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes and megabytes - not in minutes/time. 1024 bytes equals 1 kilobyte ("KB"), and 1024 KB equals 1 megabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session ("data session"). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device's internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data network, you may incur data charges. Examples of data you will be charged for includes the size of a requested file or Data Content, web page graphics (logos, pictures, banners, advertisement, etc.), additional data used in accessing, transporting and routing the file on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself. Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage - for example, the size of downloadable files - are not reliable predictors of actual usage. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of downloadable or streaming content is subject to change, including but not limited to television channels and radio stations. If user is not subscribed to a data included plan or add-on, pay-as-you go charges are incurred when using data applications and services.
Overage, Roaming & Other Fees: WHEN USING THIS SERVICE THE CUSTOMER IS RESPONSIBLE FOR PAYING ANY OVERAGES, ROAMING, OR OTHER CHARGES INCURRED DURING THE USE OF THIS SERVICE. OVERAGES ARE BASED ON KB USAGE OVER THE ALLOTTED AMOUNT IN THEIR SERVICE PLAN. EXAMPLE: 5 GB (5,120,000 KB) MOBILE BROADBAND PLAN, CUSTOMER USES 6,120,000 KB, THEY WILL BE BILLED FOR THE EXTRA 1,000,000 KB FOR THAT MONTH OF SERVICE (1024 KB = 1 MB, 1,024,000 KB = 1 GB). OVERAGE AMOUNTS WILL VARY BY PLAN. PLEASE ASK FOR DETAILS. ROAMING WILL VARY BY LOCATION.
Taxes & Government Fees: You agree to pay all federal, state and local taxes, fees and other assessments that we're required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without advance notice and are non-negotiable.
Coverage Area: The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Coverage isn't available everywhere. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, software, signal strength, your Device, structures, buildings, weather, geography, topography, etc.), may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service. Services that rely on location information, such as GPS, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage.
Mobile Broadband Access Data Usage Limitation (ANY Mobile Broadband Device): The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). GroupAccess reserves the right to limit throughput speeds or amount of data transferred; and to deny, terminate, modify, disconnect or suspend service if usage either exceeds (a.) 5GB/month in total, unless specified otherwise or (b.) 300MB/month while off-network roaming. 1024KB equal 1MB. 1024MB equal 1GB.
Specific Terms & Restrictions On Using Data Services: In addition to the rules for using all of our other Services, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can't use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections. We reserve the right to limit, suspend or constrain any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. If your Services include web or data access, you also can't use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose with Mobile Broadband card plans.
Activation & Miscellaneous Charges: Based on our Policies and upon prior notice, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge. You will be provided notice of these types of fees before we complete the requested transaction.
Our Right To Suspend Or Terminate Services: We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) harassing/threatening our employees or agents; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Terms of Service; (f) breaching the Terms of Service, including our Policies; (g) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (h) modifying a Device from its manufacturer specifications; or (i) if we believe the action protects our interests, any customer's interests or our network.
Billing: Customer agrees to pay all charges to Customer's account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide GroupAccess with accurate and complete billing information, including Customer's legal name, address telephone number and credit card or checking account information. Customer agrees to report to GroupAccess all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer's credit card. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are non refundable. The initial payment may include non-recurring installation charges including, but not limited to, equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of GroupAccess. If payment is not received by GroupAccess within five (5) days from the date payment is due, a Customer's account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month on the outstanding balance on Customer's account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from GroupAccess' efforts to collect any unpaid balance.
Intended Use and Monitoring of the Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. While GroupAccess is under no obligation to monitor the Services, GroupAccess may do so from time to time and GroupAccess may disclose information regarding Customer's use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner. GroupAccess may immediately remove from ita?s servers any materials or information in whole or in part, which GroupAccess, in ita?s sole and absolute discretion, determine to infringe another's proprietary rights or to violate GroupAccess Acceptable Use Policy.
IP Address: IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by GroupAccess and/or the American Registry of Internet Number (ARIN).
Termination of Service: You can terminate Services at any time by calling us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we won't prorate charges to the date of termination and you won't receive a credit or refund for any unused Services. Except as provided above, you must also pay us an Early Termination Fee for each line of Service that you terminate early unless you are on a month to month payment plan. To cancel service at any time during any successive term you must provide us with not less than (30) days written notice to GroupAccess. Termination notice must be sent to: GroupAccess, Inc., 3119 Castle Canyon Way, San Jose, CA 95135 or you may call GroupAccess at (800) 471-4389.
DISCLAIMER OF WARRANTIES: THE SERVICES, DIAL-UP ACCESS, IS PROVIDED ON AN "AS IS " AND "AS AVAILABLE" BASIS. GROUPACCESS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT GROUPACCESS EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS NETWORK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUPACCESS, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY GROUPACCESS, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT GROUPACCESS PROVIDES NO WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF GroupAccess, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL GROUPACCESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF CUSTOMER'S OR THIRD PARTY'S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GROUPACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GROUPACCESS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GROUPACCESS RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITH OR WITHOUT CAUSE.
Customer Complaint Resolution: In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, Customer agrees to contact GroupAccess, Inc. at (800) 471-4389. After which, pursuant to California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at (916) 445-1254.
Additional Terms and Conditions: GroupAccess may, from time to time, send e mail messages or other forms of communication to Customer containing advertisements, promotions etc. which may be offered by third parties. GroupAccess makes no representation or warranty with respect to the content of any such third party communications or goods or services which may obtained in response to such communications and Customer agrees that GroupAccess shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writings by GroupAccess. GroupAccess inclusion of links to any websites is provided for Customer convenience only and GroupAccess is not responsible for any content on such websites. GroupAccess inclusion of links to such website does not imply any endorsement of the material on such websites or any association with their operators.
Assignment and Successors in Interest: All Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer shall be assigned or delegated without prior written consent of GroupAccess. Any unauthorized assignment or delegation shall be null and void.
Venue/Choice of Law: Theses Terms and Conditions, the aup and other policies shall be construed in accordance with the laws of the State of California (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of California, County of Santa Clara, or the United States District Court of the Northern District of California in Santa Clara County.
Severability: In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions, the aup, or other policies (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of which will remain in full force and effect.
Indemnification: Customer shall indemnify, defend and hold GroupAccess harmless against any and all claims, losses, damages and liabilities and expenses, including reasonable attorney fees, sustained by GroupAccess resulting from, arising out of, or connected with the use or misuse of the Services by the Customer.