WiFi Terms of Use: Austin Airport

All contents of this website are copyright © Boingo Wireless, Inc. All rights reserved.

1. Acceptance of these Terms. The following terms apply to your use of the Boingo website (the “Site”). The materials on the Site are made available by Boingo Wireless, Inc. (“Boingo”) for informational purposes only, and by downloading any materials from the Site, you agree to these terms.
2. Limited, Single Copy License. The contents of the Site are protected by United States law and worldwide copyright laws and treaties. The copyright of all material on the Site is held by Boingo. Except as stated herein, none of the material on or comprising the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means without the prior written consent of Boingo. You may copy materials published by Boingo on this Site for internal, non-commercial use within your organization, solely for the purpose of supporting Boingo products and services.This limited license terminates automatically if you breach any of these terms and conditions. In addition, Boingo may terminate this license at any time without notice for any reason. Upon termination, you must immediately destroy any materials downloaded, printed or otherwise obtained from the Site.

   Unauthorized use of any material on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

3. General Website Disclaimer. Although Boingo has attempted to provide accurate information on the Site, Boingo assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. Boingo may change any of the information or other materials on the Site at any time without notice. Boingo makes no commitment to update the materials or information on the Site. You use the Site at your sole risk.The material on the Site is provided “AS IS” without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Boingo disclaims all warranties of any kind, expressed or implied including, without limitation, warranties of merchantability, fitness for particular purpose, non-infringement or arising from a course of dealing, usage or trade practice. Boingo does not make any representations or warranties regarding the use, validity, accuracy or reliability of information or material on the Site.

   Boingo will not be liable for any direct, indirect, incidental, consequential, punitive, special or other damages including, without limitation, loss of or damage to data, loss of use of or damage to computers or other systems, lost or damaged programs, costs of replacement goods and lost profits or revenues, arising out of the use or inability to use the Site or any Boingo product or service, even if Boingo has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

4. Personal Information. Information submitted to Boingo through forms on the Site or otherwise is governed by Boingo’s Privacy Policy, which is available on the Site.
5. Acceptable Use. Your access to and use of the Site and/or any Boingo products or services are subject to the Boingo Acceptable Use Policy, which is available on the Site.
6. Links to Other Sites/Endorsements of Other Products. Boingo makes no representations about any other site that you may access through the Boingo Site, or any products mentioned on the Boingo Site that are not products of Boingo. When you access a non-Boingo site, you are accessing an independent site over which Boingo has no control or responsibility, and you do so at your own risk. The presence on the Site of links to non-Boingo sites does not mean that Boingo endorses or accepts responsibility for the content or use of such sites. Products mentioned on the Site that are not directly manufactured or sold by Boingo are mentioned for informational purposes only, and such references do not imply an endorsement of the product or service by Boingo.
7. Access to Password-Protected or Secure Areas. Certain areas of the Site may be available only with a password. Access to and use of areas of the Site that are password-protected and/or secure is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
8. Product and Performance Information. Product and service performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products and services. Any difference in hardware or software may affect actual performance, and customers should consult other sources of information to evaluate the performance of Boingo products and services.
9. Trademarks and Patents. The trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks and service marks of Boingo and its suppliers and customers. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on the Site, without the express written permission of Boingo. Boingo’s technology and products, including products that may from time to time be available on the Site, are protected by one or more United States patents. International patents and patents pending may also be applicable in their respective countries.
10. Export Laws. By accessing or using the materials on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or “re-export” (transfer) materials from the Site or any product or service that contains such materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security’s web site at: http://www.bis.doc.gov.
11. U.S. Government Restricted Rights. All Boingo products, services and publications are commercial in nature. The software and documentation available by download on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software and Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to these terms of use.
12. Term and Termination. These terms of use are effective until terminated by Boingo. Boingo may terminate these terms of use and your access to the Site with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these terms of use will immediately cease to exist and you must promptly discontinue all use of the Site’s materials and destroy all copies of the materials downloaded by you from the Site. In addition, in the event that we determine, in our sole discretion, that you have breached any of these terms of use, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these terms of use will survive.
13. Applicable Laws and Enforcement. The Site is controlled by Boingo from its offices within the State of California, USA. Any claim relating to the materials on the Site will be governed by the laws of the State of California, notwithstanding any conflicts of law principles. Your use of the Site does not subject Boingo to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of remaining provisions. Boingo may revise these terms and conditions from time to time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding upon you.
14. Copyright Infringement. Boingo is committed to complying with U.S. copyright law and requires that you do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on the Boingo Site infringes your copyright, you should notify Boingo of your copyright infringement claim in accordance with the following procedure. Boingo will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Boingo’s designated agent:

Legal Department
Boingo Wireless®, Inc.
10960 Wilshire Blvd.
Suite 800
Los Angeles, CA 90024
email: legal@boingo.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (i) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Boingo to locate the material; (iv) Contact information of the complaining party; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a Boingo application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:

• Both you and Boingo acknowledge that this Agreement is concluded between you and Boingo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
• You will only use the Application in connection with an Apple device that you own or control;
• acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Boingo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Boingo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Boingo acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and Boingo acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

All Customers of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Boingo account or other actions as detailed below. When a Customer uses the Services, the third-party from whom Boingo has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You understand and agree that Boingo shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

The following constitute examples of violations of this AUP. You agree to not use the Services to:

1. transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
2. harm, or attempt to harm, minors in any way;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
4. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
5. transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
7. transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. “stalk” or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
12. resell the Services without Boingo’s authorization;
13. use the Services as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Boingo requests that anyone who believes that there is a violation of this AUP direct the information to: service@boingo.com.

If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

Boingo may take any one or more of the following actions, or other actions not listed, at Boingo’s sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the Customer’s account; (3) terminate the Customer’s account; (4) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.