This Hospitality Wireless Internet Subscriber Agreement together with the materials referenced herein ("Agreement") is between Hospitality Wireless and the end user of the Hospitality Wireless Service(s), Equipment and/or Software described below ("you" or "Customer"). For Customer convenience, this Agreement combines obligations of multiple Hospitality Wireless entities that provide you Service, Equipment and/or Software, but does not create joint liability among the Hospitality Wireless entities. Please review the Agreement carefully; it governs your use and each Hospitality Wireless entity's provision of Service, Software, and/or Equipment.
Your enrollment in, activation of, use of, or payment for Service, Equipment and/or Software constitutes your acceptance of this Agreement, and you represent that you are of legal age to enter into this Agreement and are bound by it. You should read this Agreement in its entirety, but even if you choose not to read it, its disclosures, terms and conditions will be legally binding upon you. If you do not accept this Agreement, do not use the Service, Equipment or Software and notify Hospitality Wireless immediately to cancel and return all Equipment supplied by Hospitality Wireless by calling the Hospitality Wireless phone number on your bill or through the website.
BELOW ARE IMPORTANT PROVISIONS IN THIS AGREEMENT THAT AFFECT YOUR RIGHTS UNDER CERTAIN CIRCUMSTANCES:
SECTION 2(B) EXPLAINS 911 DIALING CANNOT BE GUARANTEED. HOSPITALITY WIRELESS RECOMMENDS THAT YOU ALWAYS HAVE SOME ALTERNATIVE MEANS OF ACCESSING 911 SERVICES FROM THE SUBSCRIBER LOCATION.
SECTIONS 13 AND 14 CONTAIN LIMITATIONS ON HOSPITALITY WIRELESS'S LIABILITIES AND WARRANTIES, INCLUDING LIMITATIONS ON THE DAMAGES YOU MAY RECOVER FROM HOSPITALITY WIRELESS FOR ISSUES YOU MAY ENCOUNTER WITH YOUR SERVICE, EQUIPMENT AND/OR SOFTWARE.
SECTION 16 CONTAINS MANDATORY DISPUTE RESOLUTION PROCEDURES. THESE PROCEDURES LIMIT THE AMOUNT OF TIME YOU HAVE TO RAISE ANY DISPUTE WITH HOSPITALITY WIRELESS OR FILE ANY LAWSUIT AGAINST HOSPITALITY WIRELESS AND CONTAIN PRE-LAWSUIT DISPUTE RESOLUTION REQUIREMENTS THAT MUST BE MET BEFORE FILING ANY LEGAL ACTION. THESE PROCEDURES ALSO REQUIRE THAT ANY LAWSUIT OR CLAIM BE PURSUED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR COLLECTIVE ACTION, AND BE RESOLVED BY A JUDGE, NOT BY A JURY.
HOSPITALITY WIRELESS STRONGLY ENCOURAGES YOU TO READ YOUR BILL EACH MONTH.
All Service, Software, and Equipment is provided to you at the amounts shown on your Hospitality Wireless bill. If you have any question about your bill or any charge on your bill, please contact Hospitality Wireless using the phone number on your bill or the link above. Hospitality Wireless will work with you to make sure you understand every aspect of your bill and try to resolve any issue or dispute you might have.
Hospitality Wireless may include important messages related to your Service or changes to the agreements between you and Hospitality Wireless in the body of the invoice or as an attachment, link, or insert with your invoice. It is your responsibility to read and understand these messages.
Hospitality Wireless does not guarantee Service and strongly encourages you to take steps to prevent losses from issues you may encounter with your Service, Equipment and/or Software. Hospitality Wireless highly recommends against using your Service, Equipment and/or Software in any manner that may cause you to suffer damage or loss of any kind should your Service, Equipment and/or Software become unavailable or suffer from performance issues. For example, if you use your Service, Equipment and/or Software for any business or commercial purpose, Hospitality Wireless urges you to consider obtaining business interruption insurance to cover the risk of business or commercial losses. For more important information about Hospitality Wireless's network performance, please see Section 2(a)(ii) below and Hospitality Wireless's Internet Service Disclosure.
"AUP" means the applicable Acceptable Use Policy, including all future revisions.
"Hospitality Wireless" means the affiliate of Hospitality Integrated Services, Inc. that provides you the Service, Software, and/or Equipment.
"Enterprise Class" means any Hospitality Wireless customer (a) billed more than $500 in MRCs for Service, Software, or Equipment, or (b) with 10 or more employees using the Service, Software, or Equipment.
"Equipment" means the gateway, modem, router and/or other equipment for use with the Services. Except for Equipment purchased by you under the terms of this Agreement, or other equipment purchased by you, Hospitality Wireless owns the Equipment regardless of who installed the Equipment. Any monthly rental payments, periodic use payments, or similar arrangements related to Equipment between you and Hospitality Wireless are not purchases of Equipment.
"Fixed Wireless" is a technology used to provide Service via a wireless antenna.
"Force Majeure Event" means an unforeseeable event beyond the reasonable control of a party, including without limitation: act of God; fire; flood; epidemics, pandemics, or outbreaks of communicable diseases; quarantines; national or regional emergencies; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or power failure, e.g., rolling blackouts; material shortages or unavailability or other delay in delivery not resulting from Hospitality Wireless's failure to timely place orders therefore; lack of or delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of suppliers of goods and services.
"ISP" means Internet Service Provider.
"Late Charge" is a fee of up to the maximum amount allowed by law that is assessed each month in which any portion of the payment is not received by or immediately available to Hospitality Wireless by the due date.
"MRCs" means monthly recurring charges.
"NRCs" means non-recurring, one-time charges.
"Payment Services" means Hospitality Wireless electronic and online methods you use to view and pay such invoices to Hospitality Wireless, including, but not limited to, the following: MyHospitality Wireless, AutoPay, eBilling, Quick Bill Pay, and payments you make through interactive voice response systems or through websites associated with or linked from http://www.hospitalitywireless.net.
"Pure Broadband" means a version of Hospitality Wireless Internet service with or without an accompanying residential telephone access line having the ability to make outbound calls. Pure Business Internet is the business version of Pure Broadband and is incorporated within this definition.
"Regulatory Activity" means any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body or court of competent jurisdiction.
"Service" or "Services" means all of the internet services and associated value-added services you receive from Hospitality Wireless pursuant to this Agreement, including, but not limited to: Hospitality Wireless Internet, Hospitality Wireless High-Speed Internet; Pure Broadband, Hospitality Wireless Connect Internet Basic, Hospitality Wireless Office Basic, and Hospitality Wireless Office Plus, or other Hospitality Wireless-provided Internet access service; Hospitality Wireless Internet Basics, @Ease Services, additional services described in the Service Description Section below, and related Hospitality Wireless installation, repair, support and provisioning. "Service" or "Services" when used in the Service Description Section below refers to the specific service or services being described.
"Taxes" means foreign, federal, state and local taxes, other similar charges, and any other imposition that governmental entities or agencies may levy or assess, Hospitality Wireless collects from Customers, and Hospitality Wireless remits what is collected to such governmental entities or agencies.
(i) Hospitality Wireless will provide Service that runs either over the same copper line as your Hospitality Wireless wireline telephone line, over a fiber-optic connection that runs directly to your location, or via a wireless connection to your location. If you do not have a Hospitality Wireless wireline telephone line, Hospitality Wireless will (a) provide Pure Broadband over either a copper or fiber-optic connection to your location or (b) provide Fixed Wireless over a wireless connection to your location. You must specify a Hospitality Wireless telephone number to use with the Service (unless you order Pure Broadband Service or Fixed Wireless). Hospitality Wireless may terminate your Service or charge you for Pure Broadband Service if you change your Hospitality Wireless local telephone service to another company, move your Hospitality Wireless local telephone service to a wireless service provider or otherwise terminate your Hospitality Wireless local telephone service.
(ii) Availability
Service may not be available in all areas or at the rates or speeds generally marketed. The speed(s) available at your location are identified during the ordering process and confirmed upon the provisioning of service at your location. Service speeds disclosed to you are "up to" a specific download speed via a wired connection under typical circumstances within the Hospitality Wireless network and at your location. Service is provided on a per-line basis, and the actual throughput speed of your Service depends on a number of factors such as Internet traffic and congestion or bandwidth, distance of your location from certain Hospitality Wireless data equipment, viruses or spyware, number, age, and capability of connected devices, server speed of the Websites you connect to, traffic and congestion on your home network or corporate LAN, and your PC settings. Service via a wireless connection may not deliver the disclosed throughput speed or "up to" speed and will vary, particularly when Service is accessed by multiple wireless devices. Speed tests may reflect a speed lower than actual throughput speed when connected via a wireless connection or when multiple devices are in use, and may be further limited by the speed capabilities of those devices, in addition to the other factors listed above. Uninterrupted or error-free Services are not guaranteed and Hospitality Wireless may limit speeds. Additional information about network performance, practices and policies is disclosed on Hospitality Wireless's Internet Service Disclosure.
Hospitality Wireless will provision your line at the maximum speed available at your location within the speed range of the Service you selected. Your location may be subsequently eligible for additional Services, including new speed options; provided that you will be charged for any Service change. Additionally, some ISPs may not be supported for all speeds and in all areas and, if you change speed you may no longer be able to utilize the ISP you originally selected. Availability of Service depends on availability and limits of Hospitality Wireless wire centers and facilities. Service will not be provided using unsuitable facilities or if provision of Service creates interference with other services. Service is offered only to location(s) qualified by Hospitality Wireless line qualification procedures. Some lines may not qualify for the Service even if initial tests qualified such lines. Speed and availability of Services are not guaranteed and may be limited by a variety of factors including but not limited to the physical condition of your line and wiring at and/or inside your location, your service location, phone line qualifications, computer or device performance/configuration, and network/Internet congestion. Each of these factors is outside of Hospitality Wireless's control and, as a result, none are Hospitality Wireless's responsibility. Any repairs or changes to these factors are your sole responsibility. Additionally, Fixed Wireless is subject to service limitations including but not limited to proximity and positioning of antennas, cell tower/site outage, tampering or damage to Equipment.
(iii) Moves
If you move to another location (including a move within the same building) you are not guaranteed to have either the same Service or any Service at the new location. Your line must be re-qualified for Service at any new location and MRCs and NRCs applicable to any new Service will apply.
(iv) Hospitality Wireless facilities and equipment to provide service; licenses
Certain Hospitality Wireless facilities and equipment used to provide you Internet service may be located on your premises. These facilities and equipment are the property of Hospitality Wireless and must be installed, relocated, rearranged, tested, inspected, and maintained only by Hospitality Wireless. You are responsible for damage to such facilities and equipment resulting from your negligence (including failure to reasonably prevent damage by others) or willful conduct. You may not attach or connect anything to the Hospitality Wireless facilities or equipment unless authorized by Hospitality Wireless. Any unauthorized attachments or connections may be removed or disconnected by Hospitality Wireless and your Service may be suspended or terminated as a result. You agree to provide Hospitality Wireless access to your premises at reasonable hours if necessary to terminate or cancel Service or to maintain or remove the facilities and/or equipment. Hospitality Wireless is not liable for defacement or damage to your premises resulting from the existence of Hospitality Wireless facilities or equipment and associated wiring, or from the installation or removal thereof, when such defacement or damage is not the result of Hospitality Wireless negligence. You may be required to provide, install, and maintain, at your expense, certain items such as appropriate space and power, and rights or licenses, to receive Internet service, if such items are not already in place. These items may include without limitation suitable commercial power, power wiring and outlets, housing, heat, light, and ventilation for the operation of telephone facilities, rights to use or install pathways, shafts, risers, conduit, telephone closets, interior wiring, service areas, racks, cages, utility connections, entries and/or trench (for purpose of providing entrance facilities into multi-unit housing complexes, commercial properties or business developments to reach points of termination).
(v) Internet purchased through Hospitality Wireless portal
Some customers are able to purchase Services through the Hospitality Wireless portal ("Hospitality Wireless portal customers"). Except as otherwise provided below in this Section 2(a)(v), the remaining provisions of this Agreement apply to Hospitality Wireless portal customers. The following provisions apply only to Hospitality Wireless portal customers:
(A) Hospitality Wireless portal customers will have no Equipment to install or self-install. Your location is pre-wired and configured for Service and you simply install service by subscribing through the Hospitality Wireless portal.
(B) Hospitality Wireless portal customers will have to set up automatic, monthly recurring payments for their Services on a credit card. MRCs will be billed to your credit card on file in advance. If you purchase any additional value-added services, those purchases will be billed to your credit card on file with us within a day or two of your order.
(C) Services are available without any early termination liability because there are no term commitments connected with Services purchased through the Hospitality Wireless Portal.
(D) MRCs may be increased by up to $2 per month every 6 months.
(E) You may cancel your services at any time by following the cancellation instructions in the Hospitality Wireless portal. However, if you cancel your Services on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will terminate on that date.
(vi) Internet purchased through other portals
Some customers are able to purchase Services through portals other than the Hospitality Wireless Portal ("Other Portal Customers"). Except as otherwise provided below in this Section 2(a)(vi), the remaining provisions of this Agreement apply to Other Portal Customers. The following provisions apply only to Other Portal Customers:
(A) Other portal customers must subscribe for Services through the applicable portal. Other Portal Customers will have to set up automatic, monthly recurring payments for their Services on a credit card. MRCs will be billed to your credit card on file in advance. If you purchase any additional value-added services, those purchases will be billed to your credit card on file with us within a day or two of your order.
(B) After service activation, you may cancel your Services at any time by following the cancellation instructions in the applicable portal. Services are available without any early termination liability because there are no term commitments connected with Services purchased through the portals. However, if you cancel your Services on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will terminate on that date.
(C) Hospitality Wireless, in its sole discretion, may suspend or terminate Services if you fail to pay the full amount due within three (3) days of the due date set forth in your billing statement.
(vii) Hospitality Wireless Simple
Hospitality Wireless Simple customers are eligible to purchase Services through the Hospitality Wireless Simple portal ("Hospitality Wireless Simple Customers"). Except as otherwise provided below in this Section 2(a)(vii), the remaining provisions of this Agreement apply to Hospitality Wireless Simple Customers. The following provisions apply only to Hospitality Wireless Simple Customers:
(A) Hospitality Wireless Simple Customers will have to set up automatic, monthly recurring payments for their Services on a credit card, debit card or Automated Clearing House (ACH) electronic payment. MRCs will be billed to your credit or debit card on file or via ACH in advance.
(B) Services are available without any early termination liability because there are no term commitments connected with Hospitality Wireless Simple.
(C) You may cancel your Services at any time. However, if you cancel your Services on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will terminate on that date.
You must select a qualifying Internet access provider at the time you order Service. If you select a provider other than Hospitality Wireless this Agreement does not apply to your Internet access service (but does apply to all other Services, Software, and Equipment you receive from Hospitality Wireless) and you will be subject to the third-party provider's terms. After commencement of your Service, if the provider you selected either: (1) no longer has a relationship with Hospitality Wireless, (2) you change speeds, and your current ISP is not supported at the new speed; (3) will no longer offer the service in your area, Hospitality Wireless may contact you to determine a qualifying replacement provider. In such situation, Hospitality Wireless will allow you to move to a replacement provider and will waive the associated destination change charge. Hospitality Wireless may charge you a destination change charge for any other change in Internet service provider.
(i) Account usage and Identification
You will receive a username and password and/or other identifying information (collectively and together with other information about your account the "Account Information") upon completing the registration process. You are responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under your account including payment for all such activities. You agree:
(A) that only you and your authorized designees will use your Account Information and that you will not transfer or disclose such Account Information to any other person,
(B) to immediately notify Hospitality Wireless of any unauthorized use on your account or any other breach of security, and
(C) to ensure that you exit from your account at the end of each session.
"Authorized designees" means members of your family or business associates that you, at your own risk and responsibility, permit to access the Internet access service using your Account Information. You must ensure that any such authorized designees will comply with this Agreement and you will be responsible for all use of the Internet access service and any other services accessed through the Internet access services on your account whether or not authorized by you. You acknowledge that you are aware that certain content accessible through the Internet access service may contain material that is unsuitable for minors. Accordingly, you agree to supervise any minor's use of the Internet access service through your account. Hospitality Wireless will not be liable for any loss or damage arising from your failure to comply with this Section. IN ADDITION, YOU AGREE THAT HOSPITALITY WIRELESS, IN ITS SOLE DISCRETION, MAY PLACE RESTRICTIONS ON USE OF YOUR SERVICES, AND IMMEDIATELY DISRUPT, SUSPEND, OR TERMINATE YOUR SERVICES WITHOUT NOTICE FOR VIOLATIONS, SUSPECTED VIOLATIONS, OR TO PREVENT VIOLATIONS OF THIS AGREEMENT.
(ii) E-mail storage space and other limitations
Certain Services have limited storage availabilities and/or capabilities. Hospitality Wireless reserves the right to delete, without prior notice, files from any directory or mailbox if the associated storage limitations are exceeded. Hospitality Wireless provides unlimited storage of read email per mailbox, except for attachments to emails and other files uploaded by you which Hospitality Wireless reserves the right to remove after 120 days. Unread messages may be removed from your inbox 90 days after delivery. All email may be removed from your Trash or SPAM folders after 2 days. Read email in your inbox and all personal folders, except Trash and SPAM folders and except attachments and files uploaded by you, will be retained indefinitely. Furthermore, Hospitality Wireless reserves the right to deactivate email accounts that have not been accessed for a period of 120 consecutive days.
(iii) Only you may use your e-mail account
You must keep your Hospitality Wireless provided e-mail accounts and passwords confidential and not authorize any third party to access or use the e-mail accounts on your behalf. You must contact us right away if you suspect misuse of your e-mail accounts or any security breach in the Service. For some parts of the Service, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). If you use associated e-mail accounts, you represent and warrant that you are authorized to accept this contract on behalf of the individuals using those e-mail accounts. You are responsible for all activity that takes place with your Service account and any associated e-mail accounts. If you use an associated e-mail account, you acknowledge that the holder of the Service account has full control over your associated e-mail account. If you establish any associated e-mail accounts, you understand and agree that the holder of the Service account may: manage your e-mail account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information. You hereby indemnify Hospitality Wireless for any claims, costs, and/or damages incurred as the result of any e-mail account holder, associated with your Service account, asserting that the Service account holder accessed the account or its contents in excess of the Service account holder's authority.
(iv) Change of service
A change or disconnect of Service could lead to the loss of stored e-mail. Such loss may ordinarily be prevented by saving such e-mail on your personal computer prior to the change of Service. Customer will not hold Hospitality Wireless liable for the loss of e-mail during the change of Service process, whether caused by Customer or Hospitality Wireless.
(v) Hospitality Wireless Connected Home.
Hospitality Wireless internet customers are eligible to purchase Hospitality Wireless Connected Home services. Hospitality Wireless Connected Home services consist of equipment and access to an online portal (the "Site") where you can control your equipment ("Hospitality Wireless Connected Home"). If you at any time purchase Hospitality Wireless Connected Home services to use with your Internet service, this section also applies to you.
(A) Payment. The terms and conditions in Section 11 of this Agreement apply to payment for Hospitality Wireless Connected Home.
(B) The terms and conditions in Sections 3 and 8 of this Agreement apply to installation of Hospitality Wireless Connected Home. Charges may apply for certain maintenance, trouble isolation, and support services. Hospitality Wireless Connected Home is only available in select markets. Hospitality Wireless may, in its sole discretion and without notice, make Hospitality Wireless Connected Home available in additional markets. Subject to your compliance with the terms of this Section and this Agreement, you may access and use the Site and Hospitality Wireless Connected Home service only for your own personal non-commercial use. Any commercial use of the Site or Hospitality Wireless Connected Home service is expressly prohibited without Hospitality Wireless's prior written consent.
(C) Hospitality Wireless Connected Home is a customer-monitored automation service and does not ensure the safety and security of you or your property. It is not a security service. Hospitality Wireless cannot and will not be monitoring your home through this service. You will be monitoring your home. In the event of certain activities at your home (e.g., door being opened), based on how you configured your account, you may or may not receive an automated notification from the Hospitality Wireless Connected Home portal or Hospitality Wireless Home Application on your mobile device or via email, but Hospitality Wireless will not contact you or respond or send anyone (e.g., the police or fire department) to respond to the activity. If you believe that there is an intruder or other potentially dangerous situation in your home, you should contact local law enforcement and not attempt to respond to the situation yourself. HOSPITALITY WIRELESS IS NOT RESPONSIBLE FOR ANY LOSS, LIABILITY, OR DAMAGES FOR PROPERTY DAMAGE, THEFT, PERSONAL INJURY, OR DEATH THAT RESULT, DIRECTLY OR INDIRECTLY, FROM RESPONDING, OR FAILING TO RESPOND, TO A NOTIFICATION FROM HOSPITALITY WIRELESS CONNECTED HOME OR FROM ANY DEFECT OR MALFUNCTION ASSOCIATED WITH HOSPITALITY WIRELESS CONNECTED HOME THAT RESULTS IN THE FAILURE OF ANY NOTIFICATION TO ISSUE.
(D) Internet Connection. Hospitality Wireless Connected Home requires a connection to the Internet via Hospitality Wireless Internet service in order to work. If your Hospitality Wireless Internet service is not functioning properly, your Hospitality Wireless Connected Home service will not function properly, and you will not be able to monitor your home via Hospitality Wireless Connected Home.
(E) Rights you grant to us regarding your information.
(F) Your other duties. If your Hospitality Wireless Connected Home equipment contains any batteries, you are responsible for replacing those batteries at your own expense. You are responsible for obtaining any applicable permits or licenses, if permits or licenses are required by the city or county of your home.
(G) Intellectual property ownership and restrictions. The contents of the Site and Hospitality Wireless Connected Home service, including its "look and feel" (e.g. text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including websites) and other material are protected under applicable patent, copyright, trademark and other laws protecting intellectual property. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Hospitality Wireless Connected Home service, or any related documentation. Hospitality Wireless and its licensors own all right, title and interest, including all worldwide patent rights, copyrights, trademarks, service marks, trade secret rights, design rights, moral rights and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), in the Site and Hospitality Wireless Connected Home service. All rights not expressly granted to you in the terms of this section are reserved by Hospitality Wireless.
(vi) Additional features and applications
Additional features and applications may be provided as part of the Service. Additional charges may apply.
(vii) Chat rooms
Hospitality Wireless does not allow customers to install their own chat rooms, since chat rooms require significant system resources. However, for an additional charge, Hospitality Wireless will provide a chat room for your use.
(viii) Hospitality Wireless web.help service
If you type a nonexistent or unavailable Uniform Resource Locator ("URL"), or enter a search term into your browser address bar, the Hospitality Wireless web.help service will present you with a Hospitality Wireless web.help search page containing suggested links based upon the nonexistent or unavailable URL or query you entered, rather than an NXDOMAIN or similar error message or a redirection from your browser or toolbar software. If you have made a typing error in the browser address bar whereby you get the main name of the entity right but the prefix or suffix wrong (such as www.hospitalitywireless.nett or www.hospitalitywireless.not), Hospitality Wireless web.help may correct the error and take you directly to that entity's home page (in this example, www.hospitalitywireless.net -- Hospitality Wireless's home page). The Hospitality Wireless web.help service may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based or toolbar-based search results pages.
(ix) McAfee™ network and data protection
McAfee™ security services for safeguarding your network and data are included within Hospitality Wireless-provided networking Equipment purchased or leased by Hospitality Wireless Internet customers. Compatible Equipment should receive a firmware update within 72 hours of completing installation and activation. The McAfee™ services will not start until the Equipment is fully installed and the firmware update is successful. Adding third party devices to the Hospitality Wireless-provided networking Equipment may render the McAfee™ services inactive. If you have questions about the McAfee™ services, contact Hospitality Wireless via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). In utilizing the McAfee™ services, you are accepting not only the terms of this Agreement but also accepting the terms of service provided by McAfee™. Hospitality Wireless makes no warranty, express or implied, as to the McAfee™ service. Your sole warranty related to the McAfee™ service is as set forth within the terms you are accepting directly with McAfee™. Please refer to those terms as located at https://www.mcafee.com/en-us/consumer-support/policy/legal.
(x) Network performance monitoring
Hospitality Wireless provides real-time monitoring and analysis of network performance and the performance of your internet connection. Hospitality Wireless may access and record information about your devices, including, but not limited to, the type of device, the device's operating system version, geo- location information based upon your consent, Equipment information, aggregate broadband traffic, speed/throughput tests, profiles and settings including IP and MAC addresses, and installed software. You agree to permit us and our applicable third-party supplier to access the Equipment and your devices, and to monitor and record such data, profiles and settings for the purpose of providing an enhanced quality of experience related to the Service. Also, you consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting Equipment settings as they relate to the Service. By measuring network performance from Hospitality Wireless's facilities and Equipment to your end user devices, we can provide the following benefits to you:
We will not track nor collect data based upon content viewed, streamed, downloaded, uploaded, or written on applications or websites for purposes other than network performance monitoring without first informing you and giving you a choice about whether you want us to do so. Data collection as a result of network performance monitoring will be stored within our internal systems. Hospitality Wireless and its authorized vendors, contractors and agents will only share the network performance monitoring data for the sole purpose of performing the services outlined above.
(xi) Retired services and features
The following services and features have been retired as of the date listed below, meaning that Hospitality Wireless ceased offering the services and features to customers who were not already subscribed to them as of those dates. The terms and conditions for each of the retired services and features may be found at www.hospitalitywireless.net/legal/highspeedinternetsubscriberagreement and are incorporated herein by this reference.
Separately purchased or leased equipment is required to use the Service.
(i) Leased equipment
Equipment leased from Hospitality Wireless ("Leased Equipment") is Hospitality Wireless's property and you may not assign, rent, or transfer Leased Equipment or your rights or duties under this Agreement to another without Hospitality Wireless's prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Leased Equipment, including using Leased Equipment with equipment electrically or mechanically incompatible with, or of inferior quality to, it. You agree that if Leased Equipment is damaged by you and/or non- operational or malfunctioning for reasons other than a manufacturing defect at any time during the term of this Agreement or upon termination of this Agreement, Hospitality Wireless may charge you for its full retail cost (the "Equipment Charge"). Hospitality Wireless does not refund or credit leases, so if your Leased Equipment is not working properly please contact Hospitality Wireless for replacement Leased Equipment using the number on your bill or through the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise class Customer Service (Large Business & Government accounts). Replacement Leased Equipment may or may not be the same model. Instead of leasing, if you wish to instead purchase Equipment from Hospitality Wireless, the terms and conditions specific to Purchased Equipment will apply. If you purchase Equipment from Hospitality Wireless other than the Leased Equipment you are renting from Hospitality Wireless, you are required to return your Leased Equipment according to the Return Policy & Procedure. Lease payments are due for every month you lease the Leased Equipment and lease payments do not count towards a purchase of Leased Equipment.
(ii) Purchased equipment
You will be deemed the owner of the Purchased Equipment ("Purchased Equipment"), and bear all risk of loss of, theft of, casualty to or damage to the Purchased Equipment, from the time it is received by you until the time (if any) when it is returned by you pursuant to this Agreement and has been received by Hospitality Wireless. If the Purchased Equipment is inoperable, please contact Hospitality Wireless by obtaining the applicable technical support contact information at the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). If Hospitality Wireless deems the Purchased Equipment has a manufacturing defect, the Limited Warranty (set forth in the "Warranty" section below) will apply if it has not expired. If the Purchased Equipment fails as a result of a manufacturing defect after the Limited Warranty has expired, or fails for any other reason, you may request that Hospitality Wireless deliver replacement Purchased Equipment. Any such replacement Purchased Equipment will be charged to you at Hospitality Wireless's then-current rates, plus shipping and handling and any applicable Taxes. Replacement Purchased Equipment may or may not be the same model.
(iii) Delivery and installation of equipment
Equipment may be delivered to you only in the United States. You understand that you are responsible for self-installing the Equipment once you receive it unless you select a technician installation from Hospitality Wireless for an additional charge. You are encouraged to complete installation of the Equipment promptly because you will be responsible for full payment for the charges on your bill even if you have not yet installed the Equipment and used the Service at the time the bill is rendered. Information on installation procedures is located online. As required, you will provide Hospitality Wireless with reasonable access to your premises for technician installation of Equipment.
(iv) Copyright software
If, in connection with your Hospitality Wireless High-Speed Internet Service you are purchasing a modem, you should be aware that the modem may contain copyrighted software that is licensed under the General Public License (GPL) and/or other open source licenses. To determine whether your modem brand contains open source software, visit this page. Copies of these licenses are available at this link. You may also obtain the complete Corresponding Source code from us for a period of three years after our last shipment of this product at the same location. This offer is valid to anyone in receipt of this information.
If you do not purchase or lease Equipment from Hospitality Wireless you understand and acknowledge that HOSPITALITY WIRELESS, ITS AFFILIATES, SUPPLIERS, AND/OR AGENTS WILL NOT BE RESPONSIBLE/LIABLE IF YOU CANNOT ACCESS YOUR SERVICE, IF SERVICE DOES NOT FUNCTION CORRECTLY OR AT ALL, OR IF CUSTOMER EQUIPMENT, SOFTWARE, PERIPHERALS, DATA, OR EQUIPMENT IS DAMAGED. YOU WILL BE LIABLE TO HOSPITALITY WIRELESS FOR DAMAGE TO ANY EQUIPMENT LEASED FROM HOSPITALITY WIRELESS. The foregoing limitation of liability is in addition to and will not limit any other limitation of liability set forth in this Agreement.
To the extent allowed and effective under applicable law, Hospitality Wireless may:
Effective upon posting to http://www.hospitalitywireless.net/legal/highspeedinternetsubscriberagreement (or successor URLs), or upon any written notice to you, including e-mail and messages on or with your invoice, change this Agreement in a way that does not directly result in a material and adverse economic impact to you. Please regularly check the website, your bill, and your email for any changes.
Effective upon 30 days written notice to you, including email and messages on or with your invoice:
(i) Increase MRCs and/or NRCs,
(ii) Change the Service, Equipment, Software, and/or this Agreement in a way that directly results in a material and adverse economic impact to you,
(iii) Stop offering the Service, Equipment, and/or Software, and/or
(iv) Change the Dispute Resolution provision (Section 16).
Hospitality Wireless may reduce the foregoing notice period if such increase is based upon Regulatory Activity.
Your continued use of the Service, Equipment and/or Software after the applicable notice period constitutes acceptance of any changes. If you later conclude you no longer agree to the terms of your Service, you must immediately stop using the Service, Equipment, and Software and terminate your Service. The Term and Termination provision below describes how you can terminate your Service. Any changes you make or other terms you add to this Agreement, or propose in any other documents, written or electronic, are void.
Purchase, rental, use, or subscription to any third-party services, software, or equipment offered by or through Hospitality Wireless is subject to the third-party provider's terms and Hospitality Wireless is not responsible or liable for any such services, software, or equipment.
Use of the Service may require or enable you to download or otherwise install or use certain software that is owned by Hospitality Wireless or by third parties (the "Software"). By installing the Software and using the Services or using Equipment with embedded Software you are agreeing to abide by all of the terms and conditions of this Agreement that relate to the Software, including without limitation the terms and conditions of this section.
If the Software is accompanied by an end user license agreement ("EULA"), your use of the Software is governed by the terms of that Agreement and by the terms of this Agreement where applicable. You must accept and agree to the terms of the EULA before installing the Software and using the Service. If the Software is not accompanied by a EULA, Hospitality Wireless grants you a limited, personal, revocable, nonexclusive, nontransferable, non-assignable license to install and use the Software for purposes of using the Service and/or Equipment. The license is effective upon the earlier of delivery or installation and extends only to customer's own use of such software and only on the designated Equipment or with the designated Service.
You may not modify the Software in any way or change or delete any copyrights, trademarks, service marks or other proprietary rights or notices of Hospitality Wireless or a third-party that appear or are used in connection with the Software or the Service. You agree that the Software is the confidential and proprietary property of its owner and may not be disclosed or reproduced unless specifically authorized by Hospitality Wireless or the third-party licensor or supplier. In addition, you agree that you will not de-compile, disassemble, reverse engineer or otherwise reduce the Software to a human readable form.
You acknowledge that Hospitality Wireless or the third-party licensor or supplier of the Software, as applicable, own all rights, title, and interest, including without limitation all copyright, patent, trademark, and trade secret rights in the software and related documentation, updates, and upgrades. You are not granted any ownership rights in the software and may not sublicense, loan, rent, lease, distribute, share, or otherwise transfer the software to anyone else.
The Software may be used only in the United States and any export of the Software is strictly prohibited.
Hospitality Wireless may update, upgrade, or change the software and related settings on your computer from time to time. You agree to cooperate with Hospitality Wireless in performing such activities. A program downloaded to your computer when service is installed will perform automatic updates to certain service-related software on a regular basis. This program may collect certain information necessary to perform this function. Any information collected as part of this process will be treated in accordance with Hospitality Wireless's Privacy Notice. You may choose to turn off the automatic updates function. If you order new Services from Hospitality Wireless at a later date, and the automatic updates feature has been turned off, you may be prompted at that time to update software currently on your computer before the new software can be downloaded.
Hospitality Wireless may discontinue provision of the software for any reason, including without limitation, if Hospitality Wireless's agreement with a software vendor is terminated. Additionally, for certain third-party vendors, software will no longer be functional if: (i) you or your End Users discontinue subscribing to the vendor product for which the software was provided or to Hospitality Wireless's service; (ii) this agreement is terminated for any reason whatsoever; or (iii) when your prepaid term for service under this agreement expires and you have not purchased a new term. Upon termination of your service or Hospitality Wireless notice to you of discontinuance of the software offering for any reason, you must immediately stop using the software associated with the terminated service and destroy any copies you may have and delete it from your computer.
This section applies to all acquisitions of the Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other transaction with the Federal Government which calls for delivery or use of the Software by the Government. By accepting delivery of the Software under any such contract, grant, cooperative agreement, or as part of any such transaction, the Government agrees that the Software qualifies as commercial computer software and that the associated documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this Agreement are fully applicable to the Government's use and disclosure of the Software and documentation and will supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or any other clause which purports to grant to the Government rights greater than, or additional to, those set forth in this Agreement, or which purports to impose additional requirements upon Hospitality Wireless to make the Agreement effective, unless Hospitality Wireless specifically so consents by separate written agreement. Please contact Hospitality Wireless for Software manufacturer information.
The following conditions apply to the Service. Hospitality Wireless may suspend, terminate, or limit use of your Service if you violate any of these conditions.
Your use of the Service is subject to the applicable AUP posted online and you agree not to use the Service in any way that violates the applicable AUP, for a business or for any commercial purpose if your Service is a residential service, or in a way that impacts Hospitality Wireless network resources or Hospitality Wireless's ability to provide services. You agree not to: (i) offer public information services (unlimited usage or otherwise), or (ii) permit more than one Internet log-on session to be active at one time, except if using a roaming account when traveling, in which case 2 sessions may be active. A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex) to your Equipment to access the Service (including the establishment of a wireless fidelity ("WiFi") hotspot), but the Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is provisioned by Hospitality Wireless. You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents Hospitality Wireless's ability to provide Service to another customer (e.g., you cannot use a WiFi hotspot to provide Service outside your single home or office location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot). You will not be in violation of this Agreement by allowing Service access to authorized employees, contractors, or users (i.e., the customers of the establishment or hotel/motel guests and patrons). You may not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has been purchased. Service may only be used in the U.S. Service may be used to host a server, personal or commercial, as long as such server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes. Malicious purposes include without limitation Spam, viruses, worms, Trojans, Denial of Service (DoS), etc. It is the customers' responsibility to secure computers, servers, and equipment to avoid the opportunity of becoming exploited. Hospitality Wireless may restrict your use of or interrupt the Service without notice for:
(i) Maintenance activities;
(ii) Equipment, network, or facility upgrades or modifications; and
(iii) To ensure acceptable service levels to all Hospitality Wireless customers.
Hospitality Wireless is not responsible or liable for any Service deficiencies or interruptions caused by such events.
Your use of the Service is subject to any data usage limitations applicable to your Service plan as described on the Hospitality Wireless High Speed Internet Service Management page at /legal/internet-service-disclosure, including the usage limits applicable to the Service plan you purchased.
You agree not to resell or distribute, transfer or assign this Agreement and/or the Service via any means including but not limited to wireless technology, except with Hospitality Wireless's prior consent and according to Hospitality Wireless's policies and procedures; provided that you may establish a WiFi hotspot as provided above, but may not resell Service provided over the WiFi hotspot. This Agreement is intended solely for you and it will not benefit or be enforceable by any other person or entity.
Hospitality Wireless may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you and you agree to make all subsequent payments as directed. If Hospitality Wireless does that, Hospitality Wireless has no further obligations to you.
You (i) are responsible for maintaining the confidentiality of passwords used with the Service, (ii) are responsible for all use of your Services and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account, and (iii) will ensure that all use of the Service complies with this Agreement. You are responsible for unauthorized and non-compliant use of the Service and for maintaining a strong and confidential wireless network password. Service may be used in a wireless network environment at your own risk. Wireless networking devices use public radio channels to transmit voice and data communications. Hospitality Wireless cannot guarantee the security, privacy, or confidentiality of any transmissions made via such devices, and Hospitality Wireless makes no assurances or warranties relating to their use by you. You are responsible for all use of your Service regardless of the source of a transmission, whether by you, or an authorized or unauthorized third-party, over your Service. YOU AGREE THAT HOSPITALITY WIRELESS, IN ITS SOLE DISCRETION, MAY PLACE RESTRICTIONS ON USE OF YOUR SERVICES, AND IMMEDIATELY DISRUPT, SUSPEND, OR TERMINATE YOUR SERVICES WITHOUT NOTICE FOR VIOLATIONS, SUSPECTED VIOLATIONS, OR TO PREVENT VIOLATIONS OF THIS AGREEMENT.
The Service cannot be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using the Service in a way that:
(i) Interferes with Hospitality Wireless's ability to provide service to Hospitality Wireless customers,
(ii) Avoids your obligation to pay for services,
(iii) Constitutes a criminal offense,
(iv) Gives rise to a civil liability, or
(v) Otherwise violates any law, order, ordinance, governmental requirement or regulation or this Agreement.
Hospitality Wireless may, but is not obligated to, monitor the Service for various purposes, including but not limited to verifying AUP compliance and for usage statistics that may be used for marketing purposes. You are responsible for monitoring your accounts for access to newsgroups, social media, mobile applications ("apps"), and Websites that may contain improper material. You will notify Hospitality Wireless of the continual receipt of e-mail that you view as illegal or that is unsolicited. You must not design or provide systems used for the collection of information about others without their express knowledge and consent. Hospitality Wireless may also test Service for maintenance purposes to detect and/or clear trouble.
HOSPITALITY WIRELESS STRONGLY RECOMMENDS USE OF COMMERCIAL ANTI- VIRUS AND FIREWALL SOFTWARE. You are responsible for the management and security of your data, including without limitation backing up and restoring your data, managing file and print sharing, implementing procedures for accuracy of data and its transmission, and implementing security such as anti-virus and firewalls. Hospitality Wireless is not responsible for the management of your data, including without limitation loss of your data or back- up or restoration of your data. Hospitality Wireless is not responsible for the security of your data on your computer or server.
Port 25 is primarily used for communication between e-mail servers. Filtering e-mail communication going to and from customers on port 25 improves network security and helps to reduce the spread of e-mail-borne viruses and reduce the overall volume of Spam on the Internet. Port 25 filtering is a recognized Internet industry best practice for service providers and is used by Hospitality Wireless to automatically protect your computer from being used by malware (typically caused by a virus) to send or relay Spam. If you need to adjust port 25 filter settings, contact Hospitality Wireless Technical Support (1-800-244-1111) or follow the instructions found at https://www.hospitalitywireless.net/home/help/internet/email/understanding-port-25-filtering.
Unless otherwise expressly provided in this Agreement, all aspects of the Service are the property of Hospitality Wireless and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. Hospitality Wireless grants you a personal, revocable, limited, nonexclusive, nontransferable, non-assignable right and license to use the Service in accordance with the terms and conditions of this Agreement. No other license or rights are granted by Hospitality Wireless or will be implied or arise by estoppels with respect to any Service.
You may receive advertisements based on the geographic area associated with your IP address. Hospitality Wireless does not share your address or any personally identifiable information with advertisers, and you will not see additional advertisements as a result of this program, but you may see advertisements that are more relevant to your geographic area.
You may choose on-site installation for a charge, or you may select the self-installation method. Charges may apply for certain maintenance, trouble isolation, and support services and if a technician is dispatched. Charges may be per technician, may vary depending on when services are performed (e.g., time of day and weekday, holiday or weekend), and may include a minimum charge regardless of the actual number of hours worked. Hospitality Wireless will notify you of any applicable charges in advance of you incurring such charges. If you report trouble, you must pay a dispatch charge if the trouble is not found in Hospitality Wireless facilities (no charge if Hospitality Wireless later finds the trouble was in Hospitality Wireless facilities) or Hospitality Wireless equipment or is found in customer equipment/systems or Equipment. A dispatch charge also applies if:
(A) Customer requests a service date change but fails to notify Hospitality Wireless before the service date and Hospitality Wireless technician is dispatched on the service date (will have to pay dispatch charge and Hospitality Wireless will change the service date) or
(B) Hospitality Wireless technician dispatched for maintenance of service and no trouble is found in Hospitality Wireless facilities (applies each time this happens).
Any requested repairs to your facilities or equipment are not included in the dispatch fee and will be charged on a time and materials basis. If you purchased networking equipment from Hospitality Wireless, Hospitality Wireless will provide you telephone support for connectivity, and settings, on wireless networks created with the Hospitality Wireless-provided networking equipment for 30 days from the date of the networking equipment purchase, at no additional charge.
All use of the Services will comply with the Acceptable Use Policy ("AUP") posted at https://www.hospitalitywireless.net/about/legal/acceptable-use-policy. Among other things, the AUP prohibits sending unsolicited e-mail messages, including bulk commercial advertising or informational announcements (collectively, "Spam"). Hospitality Wireless may immediately terminate or suspend any account which Hospitality Wireless believes is transmitting or is otherwise connected with any Spam. Further, Hospitality Wireless may hold you liable for Hospitality Wireless's actual damages in any way arising from, or related to, any Spam transmitted by or in any way connected to you or your account, to the extent such actual damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay Hospitality Wireless liquidated damages of five U.S. dollars ($5.00) for each piece of Spam transmitted from or otherwise connected with you or your account. You will not, however, be liable for actual or liquidated damages arising from Spam generated from you or your account if you establish that the Spam was sent as a result of a virus or worm or other malicious software infection, and if you have taken reasonable actions to prevent and resolve such infections and stop the Spam.
In addition to Hospitality Wireless's AUP, you agree to comply with the Hospitality Wireless Website User Agreement, as posted (or successor URL), and with the following rules:
Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact.
Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without the written consent of the individual to which the information relates. Do not cooperate in or facilitate identity theft.
Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate the works of authorship of any other person or entity without the written permission of the copyright holder.
Nothing in this section requires Hospitality Wireless to take action against any user that violates this section, the AUP, or Website User Agreement, but Hospitality Wireless is free to do so if it sees fit.
(a) By using the Services, you acknowledge and agree to comply with the Hospitality Wireless Privacy Notice (or successor URL). This notice describes how Hospitality Wireless handles and protects your information, including customer proprietary network information, and how Hospitality Wireless markets and communicates with you. The Hospitality Wireless Privacy Notice may change from time to time without notice to you.
(b) Hospitality Wireless does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer's clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 CFR §164.501 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI shall be random, infrequent and incidental to Hospitality Wireless's provision of Service and is not meant for the purpose of accessing, managing, creating, or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules, or supports the health care industry, Hospitality Wireless and Customer agree that Hospitality Wireless is not a "Business Associate" or "Covered Entity" under the HIPAA Rules for the purposes of this Agreement.
(c) You understand and agree that Hospitality Wireless and its partners, agents, and contractors may send you emails at the addresses you have provided, place phone calls and text messages to the phone numbers you have provided, or use automated telephone dialing equipment or artificial and prerecorded voice messages to contact you by phone or text messages in connection with the following: marketing offers or advertising content about Services or other Hospitality Wireless- provided services or information about Services or other Hospitality Wireless-provided services which may include messages and calls related to installations, appointments, repairs, or collections. For phone calls and text messages, you understand and agree that Hospitality Wireless may contact you at any phone numbers you have provided or will provide in the future, including wireless or mobile phone numbers. You understand that standard per minute and text message charges apply for phone calls or text messages to wireless or mobile phone numbers. You may revoke this express written consent by contacting Hospitality Wireless at Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts), or by expressly opting-out on our Marketing Preferences website. You understand and agree this express written consent is not a condition of purchase.
All Service and Equipment is provided to you at the amounts shown on your Hospitality Wireless bill. If you believe the amounts shown on your Hospitality Wireless bill differ from the amounts disclosed to you during the ordering process as reflected in your order confirmation or master service agreement, please immediately contact Hospitality Wireless customer service at the phone number on your bill or via the methods at the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise class Customer Service (Large Business & Government accounts).
You are responsible for any charges associated with the Service, Software, and Equipment, including without limitation Equipment purchase and/or lease charges, monthly Service charges, any applicable usage charges and charges related to installation or activation, maintenance, delivery, shipping and handling, changes to Service, Taxes, fees, surcharges and other charges. Also, certain additional features and applications may be provided as part of the Service and additional charges may apply. Hospitality Wireless may impose fees or surcharges to recover amounts assessed to it by third parties or related to Hospitality Wireless's provision of Service or Equipment to you. These fees or surcharges are not Taxes and are not required by law but are set by Hospitality Wireless and may change. Other than promotional MRCs, plans with MRCs that don't change, and MRCs offered with a term commitment, your MRCs for Service, Leased Equipment, fees, or surcharges are not guaranteed and may increase during the period in which you subscribe to Service. In the event Hospitality Wireless offers the ability to pay any of the charges in installment payments over time ("Installment Option"), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment.
You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service and/or Equipment, unless the discount or promotional offer specifically states that existing customers are eligible, and in that instance, you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service, or disconnect and reconnect Service, may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period.
(i) Billing
Charges are billed monthly with MRCs and NRCs billed in advance and usage charges billed in arrears. Your first invoice covers both the partial month of Service and Leased Equipment from the date your Service is activated up to the first day of your first full month of Service, and your first full month of Service and Leased Equipment. Depending on your location, discounts and promotions may not apply during the partial month of Service. However, you still will receive all applicable Service discounts and promotions for the entire promotional period. You will pay all billed charges by the due date set forth in your billing statement, as well as any Late Charge. All payments must be made in U.S. currency.
(ii) Payment services
(A) Effect on Paper Invoices. You may view and pay your invoices from Hospitality Wireless through Payment Services. Certain Hospitality Wireless offers or promotions may require you to enroll in specified Payment Services as a condition to receiving such offer or promotion. Your failure to enroll or maintain enrollment in the required Payment Services may affect the amounts at which Hospitality Wireless provides you Service or Equipment. Certain Payment Services send an email notification to you each month when your new invoice is available for review. However, if you are unable to view your invoice electronically or online for any reason, you are still required to make your payment on time. In such situations, you are responsible for obtaining an invoice copy and/or account balance by contacting Hospitality Wireless via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise class Customer Service (Large Business & Government accounts). To the extent permitted by applicable law, Hospitality Wireless reserves the right to cease providing you a paper invoice via U.S. postal service once you elect to use or enroll in a Payment Service on a recurring basis. In such instances, you will no longer receive a paper invoice from Hospitality Wireless. Hospitality Wireless also reserves the right to assess additional charges to you if you are enrolled in a Payment Service but request Hospitality Wireless to provide you with a paper invoice on either a one-time or continuing basis.
(B) Applicable Policies; Online Payments, Website, Acceptable Use and Privacy. You agree to comply with applicable Hospitality Wireless policies, including the Hospitality Wireless Electronic and Online Payment Terms and Conditions, Hospitality Wireless Website User Agreement, Hospitality Wireless Acceptable Use Policy, and Hospitality Wireless Privacy Notice, all as posted to http://www.hospitalitywireless.net/legal (or successor URL) and incorporated by this reference, when you use Payment Services. If you do not agree with the terms of any of these policies, do not use Payment Services. Hospitality Wireless may, but is not obligated to, monitor the Payment Services for various purposes, and Hospitality Wireless and its third-party vendors may access and use information regarding performance of Payment Services to perform maintenance, support, and other service-quality activities.
(C) Unlawful, Abusive, or Fraudulent Purposes. Payment Services will not be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using Services in a way that: (1) interferes with Hospitality Wireless's ability to provide Hospitality Wireless Services or Payment Services to Hospitality Wireless customers, (2) avoids your obligation to pay for Hospitality Wireless Services, (3) constitutes a criminal offense, (4) gives rise to a civil liability, or (5) otherwise violates any laws.
(iii) Account information; account security; authorized users
(A) You will provide all information necessary for Hospitality Wireless to provide and bill for the Service and Equipment. You affirm that the information you supply to Hospitality Wireless is correct and complete, and you will promptly notify Hospitality Wireless whenever your personal or billing information changes. To use or enroll in a Payment Service, you must provide Hospitality Wireless with your email address for the receipt of notices. You agree to keep your email address updated and understand it is your responsibility to provide any changes or updates to your email address to Hospitality Wireless. Some Payment Services require you to pay by credit card. If you elect to pay by credit card, you are responsible for directly updating or notifying Hospitality Wireless of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service.
(B) You are solely and fully responsible and liable for all activities that occur under your Hospitality Wireless account, password, user ID, credit card/debit card/account numbers, or bank or financial institution information, including all activities related to Payment Services. You agree to immediately notify Hospitality Wireless if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your Hospitality Wireless account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information, provided to Hospitality Wireless by contacting our customer service. You also agree to periodically change your passwords.
(C) You authorize Hospitality Wireless to provide information about, and to make changes to, your Hospitality Wireless account, including changes within Payment Services, upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Payment Services on your behalf, such as through the Internet. You acknowledge this risk as inherent to the nature of the Payment Services and you agree to take adequate security precautions to safeguard your data.
(iv) Payment information
(A) Payment Services. For your convenience, you may elect to have Hospitality Wireless retain your payment information, including but not limited to your billing name, address, telephone number, credit card/debit card/charge card information or numbers, bank or financial institution information, applicable expiration dates, and permit such information to be used in future transactions with Hospitality Wireless that you authorize. You are responsible for adding, updating, maintaining, deleting, and verifying the accuracy of any payment information that you ask Hospitality Wireless to retain for you. Additional fees may be assessed to you when using Payment Services, and you agree to pay all such fees.
(B) Another Company or Financial Institution. If you arrange for payment using Payment Services through another company or financial institution, you will be subject to that company's terms and conditions and you agree that you are responsible for any charges you may incur from the financial institution in order to make such online payments and that Hospitality Wireless will not be responsible or liable for any loss or damage caused or created by that company. In the event that any amount on a third party site does not match the same amount presented at the Hospitality Wireless Website or on your printed Hospitality Wireless invoice, Hospitality Wireless's listed amount is deemed to be the accurate amount. In the event the amount listed at the Hospitality Wireless Website and on your printed Hospitality Wireless invoice do not agree, the printed Hospitality Wireless invoice should be considered the correct invoice and should be used to determine the amount to be paid.
(C) Credit Card Policies. Regarding payments made by credit card, Hospitality Wireless reserves the right to only accept certain card providers and may modify the list of such providers, including no longer accepting any credit card payments of any kind from any card providers, at any time without prior notice to you. If you provide Hospitality Wireless your credit card information, you authorize Hospitality Wireless to automatically charge your provided credit card for all charges on your account, and Hospitality Wireless will automatically charge your credit card for all such charges on the applicable billing due date shown on your billing statement, to the extent possible. No chargebacks are available or permitted.
(D) Partial Payment. Partial payments are acceptable, however Hospitality Wireless's acceptance of such payments are not to be construed as an acceptable payment arrangement that automatically extends your Service beyond the normal disconnect date. Hospitality Wireless's acceptance of late or partial payments (even those marked, "PAID IN FULL") and Late Charges will not constitute a waiver of any of Hospitality Wireless's rights to collect the full amount due. If you are unable to pay an invoice in full prior to the due date, please contact Hospitality Wireless using the phone number on your bill or through the website.
(E) Invoice Charges; Collections; Other Restrictions. Hospitality Wireless may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Additionally, you may be subject to Service suspension or account termination at Hospitality Wireless's discretion. You will be informed of such action if required by law. If Hospitality Wireless uses a collection agency or initiates any legal action to recover amounts due, you agree to reimburse Hospitality Wireless for all expenses Hospitality Wireless incurs to recover such amount or pay all such costs and expenses associated with such collections efforts, including attorneys' fees. You will be charged a Late Charge on any amounts withheld that are undisputed or ultimately determined to have been correctly charged. You will not pay for the Services (as defined above), or any related services you may purchase, with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Hospitality Wireless to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an Amendment to this Agreement. Hospitality Wireless reserves the right to terminate access to Payment Services for any account at any time.
(v) Disputes
If you have any questions about your invoice or dispute a charge on your invoice, please contact Hospitality Wireless customer service before the due date at the phone number on your bill or through the website. The charges will continue unless you inform Hospitality Wireless promptly of any dispute and it determines that any charges were incorrect. IF YOU ARE UNABLE TO RESOLVE YOUR DISPUTE AFTER CONTACTING HOSPITALITY WIRELESS CUSTOMER SERVICE YOU MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN SECTION 16 OF THIS AGREEMENT.
(vi) Deposit
Hospitality Wireless may reasonably modify the payment terms or require other assurance of payment, including a deposit, based on Customer's payment history, lack of established credit, or a material and adverse change in Customer's financial condition. Refunded deposit amounts will be credited to your account and any credit balance will be refunded. If you make a cash deposit, you will receive interest at the rate required in the state you receive Service, Equipment, or Software from the date Hospitality Wireless received the deposit until the date Hospitality Wireless refunded the deposit. If you receive Service, Equipment and/or Software in a state that does not require Hospitality Wireless to pay interest on deposits, Hospitality Wireless will not pay any interest on such deposits.
Unless otherwise specified herein, Service is offered on a monthly basis for a term that begins on the date your Service order is completed, ends on the last day of the billing cycle during which you placed the order for Service, and automatically renews monthly.
IF YOU ORDER SERVICE WITH A TERM COMMITMENT, YOU AGREE TO MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD. IF YOU OR HOSPITALITY WIRELESS TERMINATE THAT SERVICE BEFORE THE END OF THE TERM COMMITMENT PERIOD, YOU WILL BE REQUIRED TO PAY THE EARLY-TERMINATION CHARGE SET FORTH IN THIS AGREEMENT, WHICH IS EQUAL TO 100% OF THE MRC MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE TERM COMMITMENT PERIOD. FOR PURPOSES OF THIS SECTION, MOVING, CHANGING YOUR INTERNET SERVICE PROVIDER, OR MAKING A CHANGE TO ANY PART OF YOUR SERVICE THAT CARRIES A TERM COMMITMENT IS CONSIDERED TERMINATION OF THE ENTIRE SERVICE. THE EARLY-TERMINATION CHARGE IS NOT A PENALTY. RATHER, IT IS AN OFFSET OR RECOVERY OF HOSPITALITY WIRELESS COSTS RELATED TO EARLY TERMINATION AND THE DISCOUNTS ASSOCIATED WITH YOUR TERM COMMITMENT. Hospitality Wireless may waive the early-termination charge. If you move or upgrade Service, your original term commitment period may start over. After the term commitment period, Service will continue month-to-month until terminated by you or by Hospitality Wireless.
You may terminate this Agreement and your use of the Services at any time and for any reason by calling Hospitality Wireless at the number listed on your bill or through the website; YOU CANNOT TERMINATE YOUR SERVICE BY E-MAIL. Hospitality Wireless does not monitor, and will not automatically cancel, Service for problems relating to domain name transfers. If you have trouble transferring your domain name and you wish to terminate Service, you must contact Hospitality Wireless as indicated above. Whether or not your domain name transfers, you will be responsible for paying any outstanding amounts owed on your account through the date of termination. Hospitality Wireless may terminate this Agreement, your password, your account, and/or your use of the Service, without notice and for any reason, including, without limitation, if you fail to pay any charges when due, or if Hospitality Wireless believes you or someone using your account has violated this Agreement. Hospitality Wireless may, but is not obligated to, send notice of any violations to you before termination. When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of Hospitality Wireless and is subject to applicable charges. If residential Services are terminated by you or Hospitality Wireless on any day other than the last day of your applicable billing cycle, your payment for that month of Services and Leased Equipment will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle; additionally, you will be required to pay the full amount of the MRCs and the full amount for any NRCs or other charges and any accrued but unpaid amounts related to Service and Equipment through the effective date of termination. For all other Service customers, if Services are terminated by you or Hospitality Wireless prior to the end of a monthly term, you will be required to pay the full amount of the MRCs for the month and the full amount for any NRCs or other charges for the month and any accrued but unpaid amounts related to Service and Equipment through the effective date of termination.
After you notify Hospitality Wireless of your intent to terminate Service, you must promptly return your Leased Equipment to Hospitality Wireless within 30 days after termination. After receiving your intent to terminate Service, Hospitality Wireless will send customers an email with a link to print a shipping return label to return the Leased Equipment to Hospitality Wireless, schedule a time for a on-site pickup, or arrange for drop-off at a drop-off location. Hospitality Wireless will, at its option, either: (1) charge you an amount up to the Equipment Charge if Hospitality Wireless does not receive the Equipment within 30 days after termination; (2) charge you an amount up to the Equipment Charge upon termination and credit you back for such charge ONLY if Hospitality Wireless receives your Equipment within 30 days following termination; or (3) continue to charge you for the Equipment until Hospitality Wireless receives the Equipment. Upon your termination of Fixed Wireless, we may dispatch a technician to uninstall and remove Fixed Wireless Equipment at no cost to you.
Upon termination of your Service, Hospitality Wireless may immediately delete all data, files, and other information stored in or for your account or on your Website without notice. In certain circumstances you may request that Hospitality Wireless reactivate your account and restore your deleted Web hosting and e-mail data. Hospitality Wireless must receive your request no later than 90 days after termination.
Residential customers with qualifying Service may temporarily suspend Service ("Seasonal Service" or "Vacation Service") for a minimum of 30 days up to a maximum of nine months at Hospitality Wireless's then-current Vacation Service rates and charges. If you put your Service on Seasonal Service, your Service will be unavailable for your use. And, if you use your Service to support Internet-based calling (e.g., voice over Internet protocol (VoIP)), you will not be able to make any incoming or outgoing calls, including 911 calls, from your service address unless and until you have Hospitality Wireless re-activate your Service. While you are on Seasonal Service, any partial or whole months will not be counted towards your term commitment period, and your term commitment period will be extended.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 APPLY REGARDLESS OF THE CAUSE OR LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), EXCEPT AS TO A PARTY WHOSE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE CAUSED YOUR DAMAGES OR LOSSES. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, THE LIMITATION(S) NOT PERMITTED SHALL BE REDUCED OR MODIFIED TO THE MAXIMUM LIMITATION ALLOWED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 16(B)(II).
(a) YOU ASSUME TOTAL RESPONSIBILITY FOR USE, RESULTS OF USE, AND PERFORMANCE OF THE SERVICE, SOFTWARE, EQUIPMENT, AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. HOSPITALITY WIRELESS EXERCISES NO CONTROL OVER AND DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE SERVICE, SOFTWARE, OR EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET. HOSPITALITY WIRELESS RECOMMENDS YOU DO NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR COULD CAUSE ANY DAMAGE OR INJURY.
(b) HOSPITALITY WIRELESS DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IF SERVICE CHANGES REQUIRE EQUIPMENT CHANGES, DEGRADE EQUIPMENT PERFORMANCE OR SERVICE PERFORMANCE WITH THE EQUIPMENT, OR MAKE EQUIPMENT OBSOLETE.
(c) HOSPITALITY WIRELESS DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER PROVIDERS. ADDITIONALLY, IF PART OF THE SERVICE IS PROVIDED BY A THIRD-PARTY, HOSPITALITY WIRELESS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DEFICIENCIES IN OR LACK OF SERVICE RESULTING FROM AN ACT OR OMISSION OF THE THIRD PARTY, AND YOU SHOULD SEEK RELIEF FROM ANY SUCH THIRD-PARTY.
(d) Payment services
(i) PAYMENT SERVICES UTILIZE, IN WHOLE OR IN PART, OTHER PROVIDERS AND THE PUBLIC INTERNET AND NETWORKS TO TRANSMIT INVOICE INFORMATION AND YOUR ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE AND UNDERSTAND THAT HOSPITALITY WIRELESS CANNOT GUARANTEE THAT PAYMENT SERVICES ARE COMPLETELY SECURE. THERE IS A RISK THAT THIRD PARTIES MAY ATTEMPT TO ACCESS PAYMENT SERVICES ON YOUR BEHALF OR ATTEMPT TO OBTAIN INFORMATION AND DATA RELATED TO PAYMENT SERVICES, INCLUDING ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE THIS RISK AS INHERENT TO THE NATURE OF THE PAYMENT SERVICES AND YOU AGREE TO TAKE ADEQUATE SECURITY PRECAUTIONS TO SAFEGUARD YOUR INFORMATION AND DATA.
(ii) HOSPITALITY WIRELESS DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF YOU, OTHER PROVIDERS, OR THIRD PARTIES IN CONNECTION WITH PAYMENT SERVICES. EXAMPLES OF THE FOREGOING LIMITATION INCLUDE THAT HOSPITALITY WIRELESS HAS NO LIABILITY IF: (A) YOU PROVIDE INCORRECT OR ERRONEOUS ACCOUNT OR PAYMENT INFORMATION; (B) YOU FAIL TO UPDATE YOUR ACCOUNT OR PAYMENT INFORMATION; (C) YOUR FINANCIAL INSTITUTION OR CREDIT CARD PROVIDER SHOWS THAT YOUR DESIGNATED ACCOUNT HAS INSUFFICIENT FUNDS OR CREDIT AVAILABILITY; (D) HOSPITALITY WIRELESS IS PROHIBITED BY LAW OR COURT ORDER FROM WITHDRAWING PAYMENT FROM YOUR ACCOUNT; (E) THE ACCOUNT FROM WHICH PAYMENT IS TO BE MADE IS CLOSED, FROZEN, OR OTHERWISE UNAVAILABLE; (F) ANY PART OF THE ELECTRONIC FUNDS TRANSFER SYSTEM OR CREDIT CARD/DEBIT CARD PROCESSING SYSTEM IS NOT WORKING PROPERLY AT ANY TIME, INCLUDING WHEN YOU ARE ATTEMPTING TO USE PAYMENT SERVICES TO PAY YOUR INVOICE; OR (G) THERE ARE ANY DELAYS OR FAILURES IN THE PERFORMANCE OF PAYMENT SERVICES OR ANY INTERRUPTIONS ARISING FROM ANY CAUSE OR CIRCUMSTANCE BEYOND HOSPITALITY WIRELESS'S REASONABLE CONTROL.
(iii) ACCOUNTS CREDITED WITH A PAYMENT THAT IS SUBSEQUENTLY RETURNED FOR ANY REASON BY YOUR FINANCIAL INSTITUTION OR CREDIT CARD PROVIDER, INCLUDING BUT NOT LIMITED TO INSUFFICIENT FUNDS, ACCOUNT CLOSED OR INVALID ACCOUNT NUMBER, ARE DEBITED FOR THE AMOUNT OF THE ORIGINAL PAYMENT AND ALL APPLICABLE RETURNED CHECK CHARGES OR OTHER, SIMILAR CHARGES. YOUR HOSPITALITY WIRELESS ACCOUNT MAY ALSO BE TEMPORARILY SUSPENDED IMMEDIATELY UPON HOSPITALITY WIRELESS'S RECEIPT OF THE DENIAL OF PAYMENT OR RETURNED CHECK AND REMAIN SUSPENDED UNTIL PAYMENT IS RECEIVED VIA A CASH TRANSACTION, E.G., CASH, CASHIER'S CHECK, OR MONEY ORDER.
(iv) HOSPITALITY WIRELESS DOES NOT GUARANTEE THAT PAYMENT SERVICES WILL BE AVAILABLE AT ALL TIMES OR WITHOUT DELAY; YOU REMAIN RESPONSIBLE FOR PAYING YOUR BILL REGARDLESS OF THE AVAILABILITY OF PAYMENT SERVICES. If you are unable to view or pay your invoice electronically or online for any reason, contact Hospitality Wireless Customer service by calling the phone number on your bill or through the website.
(e) AS PART OF PROVIDING SERVICE, HOSPITALITY WIRELESS MAY ACCESS YOUR PREMISES, COMPUTER HARDWARE AND SOFTWARE, AND YOUR NETWORKING AND HIGH-SPEED INTERNET-RELATED EQUIPMENT. HOSPITALITY WIRELESS DOES NOT REPRESENT OR WARRANT THAT THE TECHNICIANS DOING SUCH WORK HAVE ANY SPECIAL EXPERTISE REGARDING YOUR COMPUTER OR SUCH EQUIPMENT.
(f) THE LIABILITY OF HOSPITALITY WIRELESS, ITS AFFILIATES, AGENTS, AND CONTRACTORS IS FURTHER LIMITED AS FOLLOWS:
(i) FOR EQUIPMENT-RELATED CLAIMS, YOUR SOLE REMEDY IS THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IN SECTION 14;
(ii) FOR CLAIMS RELATED TO DAMAGES OR LOSSES TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY, AND WRONGFUL DEATH, HOSPITALITY WIRELESS, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER;
(iii) FOR CLAIMS RELATED TO ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING ANY ACCOUNT OR PAYMENT INFORMATION, HOSPITALITY WIRELESS, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER; AND
(iv) FOR ALL OTHER CLAIMS, INCLUDING CLAIMS RELATING TO OR ARISING OUT OF THE SALE OF THE SERVICE, YOUR USE OF THE SERVICE, AND HOSPITALITY WIRELESS'S BILLING FOR THE SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO HOSPITALITY WIRELESS IN THE SIX MONTHS PRIOR TO NOTIFYING HOSPITALITY WIRELESS OF YOUR DISPUTE. IF YOU GIVE NOTICE OF A DISPUTE AFTER TERMINATING SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO HOSPITALITY WIRELESS DURING THE LAST SIX MONTHS BEFORE TERMINATING SERVICE.
(v) REGARDLESS OF WHETHER HOSPITALITY WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, HOSPITALITY WIRELESS, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF BUSINESS, LOST OR IMPUTED PROFITS OR REVENUES, LOSS OF INFORMATION OR DATA, DIMINUTION IN VALUE, COSTS OF COVER, INTERRUPTED SERVICE, OR RELIANCE UPON THE SOFTWARE AND/OR ASSOCIATED DOCUMENTATION) ARISING OUT OF OR RELATED TO THIS AGREEMENT, SERVICE, SOFTWARE, OR EQUIPMENT.
(g) HOSPITALITY WIRELESS, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER IF SUCH DELAY OR FAILURE IS CAUSED BY A FORCE MAJEURE EVENT OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
Hospitality Wireless extends a Limited Warranty to the original lessor or purchaser (you) for the Equipment, except that the warranty on Hospitality Wireless Connected Home equipment is limited to the manufacturer's warranty, if any. The terms of the Limited Warranty are set out below (the "Limited Warranty") and are part of this Agreement. A copy of the Limited Warranty is also available upon request from Hospitality Wireless at no charge. Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY, OR OTHERWISE.
(i) The Equipment is warranted by Hospitality Wireless to the person originally purchasing or leasing the Equipment, and no others, to be free of manufacturing defects:
(A) During the term of the Equipment lease, only (for Equipment leased from Hospitality Wireless); and
(B) For a period of 30 days from the date of Equipment purchase ("Warranty Term").
Equipment you purchase may be eligible for additional warranty coverage from the manufacturer of that Equipment and you should review the materials included with that Equipment or contact the Equipment manufacturer for further information.
(ii) This Limited Warranty covers only the basic operations of the Equipment, and Hospitality Wireless does not warrant the compatibility of the Equipment with any computer, operating system, or networking equipment, nor does this Limited Warranty cover any defect present in any computer, network, operating, or other system. If the Equipment malfunctions due to a manufacturing defect before the Warranty Term expires, Hospitality Wireless will replace or repair it, at its option, without charge, so long as
(A) You notify Hospitality Wireless by calling the correct number set forth in Section 14(A)(VI) below, report that the Equipment's basic operations are not functioning properly, and cooperate with the Hospitality Wireless representative to evaluate the circumstances;
(B) The date you so notify Hospitality Wireless is within the Warranty Term specified above; and
(C) You promptly return the Equipment according to the procedure specified in Section 12(d).
Hospitality Wireless will: (1) replace or repair the Equipment, at its option, and return the replacement or repaired Equipment to you within thirty (30) days after you comply with (A) through (C), above; (2) provide you with an expedited option whereby Hospitality Wireless will send you replacement Equipment promptly after you comply with (A) and (B); provided that, prior to sending you such replacement Equipment, Hospitality Wireless may charge you, via a credit card that Hospitality Wireless accepts or other means Hospitality Wireless chooses, for the full retail cost of the replacement Equipment ("Advance Charge"). If you return your defective Equipment to Hospitality Wireless according to the procedure specified in Section 12(d), and Hospitality Wireless receives your defective Equipment on or before the 30th day after you request a replacement Equipment pursuant to this Limited Warranty, Hospitality Wireless will credit back the Advance Charge to the same payment method to which the Advance Charge was applied (e.g., credit card) or to your monthly service bill; or (3) such other option to which you and Hospitality Wireless may agree. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.
(iii) Repaired/Replacement Equipment. Hospitality Wireless may use new or reconditioned parts to repair the Equipment, or replace the Equipment with new, repaired, or reconditioned Equipment, all at Hospitality Wireless's sole discretion. This Limited Warranty will apply to the replaced or repaired Equipment for ninety (90) days or until the end of the warranty period set forth herein, whichever is longer. All replaced products or parts become the property of Hospitality Wireless and will not be returned.
(iv) Exceptions and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God, or the elements. No advice or information given by Hospitality Wireless, its affiliates, its contractors, or their respective employees will vary the terms of the Limited Warranty.
(v) No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty extended by Hospitality Wireless in connection with the Equipment. Implied warranties which may not be disclaimed are limited in time to the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(vi) This Limited Warranty is extended to the person originally purchasing or leasing the Equipment, and no others. If you have questions, please call the Hospitality Wireless phone number on your bill or contact us through the website.
(vii) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
THE SERVICE, SOFTWARE, EQUIPMENT, INVOICE AND PAYMENT-RELATED CONTENT, PAYMENT SERVICES AND ALL RELATED INFORMATION AND SUPPORTING SYSTEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEDING SECTION, HOSPITALITY WIRELESS PROVIDES THE SERVICE, SOFTWARE, AND EQUIPMENT WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE, AND HOSPITALITY WIRELESS DISCLAIMS ANY SUCH WARRANTIES. HOSPITALITY WIRELESS DOES NOT WARRANT THAT THE SERVICE, SOFTWARE, PAYMENT SERVICES OR ANY OF ITS WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY HOSPITALITY WIRELESS, ITS AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT OR CREATE ANY WARRANTY. HOSPITALITY WIRELESS IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. HOSPITALITY WIRELESS TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. HOSPITALITY WIRELESS MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless Hospitality Wireless and its affiliates, contractors, officers, directors, employees, or agents from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorney fees and punitive damages arising from: (a) violation of any provision of this Agreement by you or others who use your Service, Software, and/or Equipment; (b) installation, modification, or use of the Service, Software, and/or Equipment by you and/or any parties who use your Service, Software, and/or Equipment, with or without your permission; (c) claims for libel, slander, invasion of privacy, or infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet; (d) patent infringement arising from your acts combining or using the Service in connection with facilities or equipment (circuit, apparatus, system or method) furnished by you; or (e) negligent acts, errors, or omissions, gross negligence, or intentional misconduct by you.
THIS SECTION 16 SHALL NOT APPLY TO ANY ENTERPRISE CLASS CUSTOMER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS (AS OPPOSED TO ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS), THROUGH PRE-SUIT DISPUTE RESOLUTION, AND IF APPROPRIATE, BY COURT ACTIONS DECIDED BY A JUDGE (NOT BY A JURY). IT LIMITS YOUR TIME TO NOTIFY HOSPITALITY WIRELESS OF A DISPUTE AND LIMITS YOUR TIME TO FILE ANY CLAIM, DISPUTE, ACTION, OR LAWSUIT. THIS SECTION GOVERNS ALL DISPUTES, CLAIMS, ACTIONS, OR LAWSUITS BETWEEN YOU AND HOSPITALITY WIRELESS ARISING OUT OF OR RELATING TO THIS AGREEMENT, SERVICES, SOFTWARE, AND/OR EQUIPMENT, REGARDLESS OF THE LEGAL THEORY.
Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to Hospitality Wireless in writing in a manner reasonably sufficient to allow Hospitality Wireless a fair and adequate opportunity to resolve the dispute without litigation ("Notice of Claim").
Any Notice of Claim should be emailed to legalaffairs@hospitalitywireless.net or mailed to Hospitality Wireless, Attn: Litigation Department, 106 N. Lookout Pt., Payson, AZ 85541.
THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS AGREEMENT PROVIDING YOU AND HOSPITALITY WIRELESS WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.
(i) Notice of Claim must be on an individual basis
Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Hospitality Wireless account.
(ii) Fair and adequate opportunity to resolve the dispute.
(A) Hospitality Wireless commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide Hospitality Wireless a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:
(1) the Hospitality Wireless account number(s) for the account(s) related to the claim or dispute;
(2) a reasonable description of the facts underlying the claim or dispute, including relevant dates when you experienced billing, service, equipment, software or other issues;
(3) an estimate of your money damages and how those damages were calculated;
(4) a description of any relief sought other than money damages; and
(5) supporting documentation, including copies of your bills supporting any billing dispute.
In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from Hospitality Wireless for additional information to support or clarify your claim or dispute.
(B) If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:
(1) the content of any alleged false or misleading statement or advertisement;
(2) the approximate date(s) on which you received, heard, or read that statement or advertisement;
(3) how you received that statement or advertisement; and
(4) if the alleged false or misleading statement was made by a particular person, that person's name or affiliation with Hospitality Wireless (e.g., Hospitality Wireless employee, Hospitality Wireless-authorized service technician, or contractor).
(C) Using information you provide pursuant to Sections 16(a)(ii)(A)and (B), Hospitality Wireless will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. Hospitality Wireless will also attempt to contact you directly to discuss your dispute. If you do not provide the information required by Sections 16(a)(ii)(A) and (B), Hospitality Wireless is not obligated to search its records.
(iii) 60-day pre-filing period
If you and Hospitality Wireless are unable to resolve your claim or dispute within 60 days after Hospitality Wireless receives your Notice of Claim that meets the requirements of Sections 16(A)(I) and 16(A)(II) ("60-Day Pre-Filing Period"), you may file a court action consistent with these Dispute Resolution Terms. If your Notice of Claim is deficient, incomplete, or defective because it is not made on an individual basis, as set forth in Section 16(a)(i), or because it does not include the information required by Section 16(a)(ii), then the 60-Day Pre-Filing Period will not begin until the first date on which Hospitality Wireless has received information correcting those deficiencies or defects. Further, if your Notice of Claim otherwise meets the requirements of Sections 16(a)(i) and 16(a)(ii), but you fail to respond to a reasonable request from Hospitality Wireless for missing or additional information about your claim or dispute, then the 60-Day Pre-Filing Period will pause and not begin again until you provide the requested missing or supporting information.
(iv) Pre-filing tolling period
Any deadline to file a lawsuit will be extended up to a maximum of 60 consecutive days after Hospitality Wireless receives your Notice of Claim ("Pre-Filing Tolling Period"). If you fail to respond to a reasonable request from Hospitality Wireless for missing or additional information, then the Pre-Filing Tolling Period will end 14 consecutive days after the date of Hospitality Wireless's request.
By this Agreement, both you and Hospitality Wireless waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis.
(i) Examples of class, representative, mass, collective, consolidated, or coordinated basis
Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) include claims in a single Notice of Claim; (2) pursue their claims in a single court action; or (3) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Hospitality Wireless account.
(ii) Consideration for waiver of any right to proceed on a class, representative, mass, collective, consolidated, or coordinated basis
As consideration for the Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis in this Section 16(b), Hospitality Wireless agrees that:
(A) Hospitality Wireless will reimburse you for filing fees you incur for filing any lawsuit in small claims court, so long as your filing was consistent with these Dispute Resolution terms, regardless of whether you prevail on any claim in small claims court;
(B) If you both (1) prevail on a claim in court and (2) receive an award of actual damages that exceeds Hospitality Wireless's highest offer of settlement during the 60-Day Pre-Filing Period, Hospitality Wireless will reimburse you for your reasonable attorneys' fees, as well as any costs and expenses you or your attorney reasonably incurred for investigating, preparing, and pursuing your claims. The calculation of actual damages for purposes of this section excludes any award of attorneys' fees, statutory minimum damages, statutory multiple damages or penalties, consequential damages, exemplary or punitive damages, and any other costs or expenses incurred in pursuing your claims;
(C) Nothing in this Agreement, including the limitations on liability in Section 13, will prevent or limit the recovery of statutory remedies;
(D) The damage cap in Section 13(f)(iv) is increased so that it will not exceed the total charges you paid to Hospitality Wireless in the twelve months prior to notifying Hospitality Wireless of your dispute. If you give notice of a dispute after terminating service, the damage cap in Section 13(f)(iv) is increased so that it will not exceed the charges you paid to Hospitality Wireless during the last twelve months before terminating service; and
(E) Hospitality Wireless will waive its right to any award of attorneys' fees, costs, and expenses to which it might be entitled as a prevailing party in the lawsuit you filed, except that Hospitality Wireless retains its right, as allowed by applicable law, to seek attorneys' fees, costs, and expenses on the basis that your claim was frivolous or otherwise brought in bad faith or for the purpose of harassment.
Your right to attorneys' fees, costs, and expenses provided by this Section 16(b)(ii) is not intended to limit your rights to recover these items under applicable law (if any such rights exist). If applicable law entitles you to a greater award of attorneys' fees, costs, and expenses than allowed under Section 16(b)(ii), you may recover that greater amount. However, you may not recover duplicative awards of attorneys' fees, costs, and expenses under both Section 16(b)(ii) and applicable law.
(iii) Consideration for waiver of any right to proceed on a class, representative, mass, collective, consolidated, or coordinated basis not severable from waiver of any right to proceed on a class, representative, mass, collective, consolidated, or coordinated basis.
If a court deems Section 16(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action, then Section 16(b)(ii) (Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) shall also be unenforceable and severed from this agreement.
BOTH YOU AND HOSPITALITY WIRELESS WAIVE THE RIGHT TO A JURY TRIAL ON YOUR INDIVIDUAL CLAIMS. To the extent court action is appropriate under this Agreement, any trial of your claims and Hospitality Wireless's defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a "bench trial"), except as provided in Section 16(d).
If a court deems Section 16(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action for any reason, the Waiver of Right to Jury Trial in Section 16(c) shall be unenforceable and severed from this agreement.
YOU MUST NOTIFY HOSPITALITY WIRELESS OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR INVOICE, YOU MUST NOTIFY HOSPITALITY WIRELESS OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR INVOICE. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.
This Section 17 shall apply only to Enterprise Class customers. BOTH YOU AND HOSPITALITY WIRELESS WAIVE THE RIGHT TO A JURY TRIAL ON YOUR CLAIMS. By this Agreement, both you and Hospitality Wireless waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) pursue their claims in a single court action, or (2) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Hospitality Wireless account.
This Section 18 shall apply only to Enterprise Class customers. YOU MUST NOTIFY HOSPITALITY WIRELESS OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR INVOICE, YOU MUST NOTIFY HOSPITALITY WIRELESS OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR INVOICE. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.
Except as otherwise provided herein, all required notices to Hospitality Wireless must be in writing and sent to 106 N. Lookout Pt., Payson, AZ 85541; Attn.: Legal Department. Except as otherwise provided herein, you agree that all required notices to you will be provided by one or more of the following: posting, bill message, bill insert, postcard, letter, call to your billing telephone number, or e-mail to an address you provided either when you ordered Service or Equipment, or at a later time. You agree to provide Hospitality Wireless with any and every change to your e-mail address by contacting Hospitality Wireless via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise class Customer Service (Large Business & Government accounts). If you fail to provide updated e-mail address information to Hospitality Wireless, you agree that any notices sent to the e-mail address you provided will be deemed to have been received by you.
Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when sent electronically to the email address you provided.
(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and Hospitality Wireless related to the Service, Software, or Equipment, the order of priority for resolving any inconsistency shall be as follows: your Service Order, and then this this Agreement.
(ii) In the event of any inconsistency between Sections 13 and 16 of this Agreement and the liability limitations and dispute resolution provisions of any other agreement between you and Hospitality Wireless or any of its affiliates, Sections 13 and 16 of this Agreement shall control. The sole exception to the foregoing is that if you are subject to this Agreement and the Hospitality Wireless Digital Home Phone Service Subscriber Agreement, then Section 13(d) of the Hospitality Wireless Digital Home Phone Service Subscriber Agreement shall be treated as an additional limitation of liability; and
(iii) In the event any other agreement between you and Hospitality Wireless or any of its affiliates does not contain liability limitations or dispute resolution provisions, Sections 13 and 16 of this Agreement shall control to the greatest extent permitted by law.
(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and Hospitality Wireless related to the Service, Software, or Equipment, the order of priority for resolving any inconsistency shall be as follows: your master service agreement or a Hospitality Wireless-approved government contracting vehicle and any other documents attached to or expressly incorporated into the same, and then this Agreement.
(ii) Notwithstanding any other provision in this Agreement, Section 16 of this Agreement shall not apply, and any dispute resolution provisions of any other agreements between you and Hospitality Wireless or any of its affiliates shall control.
(a) For customers other than Enterprise Class, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and Hospitality Wireless with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter of this Agreement.
(b) For any Enterprise Class customers, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and Hospitality Wireless with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings between you and Hospitality Wireless relating to the subject matter of this Agreement.
This Agreement and any disputes, claims, actions, and lawsuits arising out of or related to this Agreement shall be governed by the law of the state in which you receive the Services that are the subject of the dispute, claim, action or lawsuit.
If any term or provision of this Agreement is held invalid, illegal or unenforceable, such term or provision will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms and provisions will remain in effect. Neither party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement will so survive. You agree that you will not harass, threaten, or conduct yourself in a verbally or physically threatening or abusive manner toward any Hospitality Wireless employee, vendor, contractor, or agent at any time. Hospitality Wireless reserves the right to terminate your Services, Software, and Equipment without notice in the event of such behavior.
Where required by law, customers who cancel their Service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account.
