WiFi SYSTEM USER AGREEMENT
Please read the following information carefully before using this service
Welcome to the wireless high-speed Intranet and Internet access system (“WiFi System”). This agreement (“Agreement”) governs your rights and responsibilities and our rights and responsibilities relating to the use of the WiFi System (the “Facilities”). This Agreement is between you and the Advanced Wireless Group, the organization currently providing you access to this website described under Description of WiFi System below (the “Provider”). To print a copy of this Agreement, click the print button on your browser.
Acceptance of Agreement by Use/Activation.
BY CLICKING ON “I AGREE” ON THE WIFI SYSTEM SIGN-UP PAGE, YOU REPRESENT that:
- YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND
- YOU ARE AT LEAST 18 YEARS OF AGE.
If you do not agree to the terms of this Agreement, you may not use the WiFi System. Your electronic acceptance of the Agreement by clicking on “I AGREE” or checking the checkbox on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on “I AGREE”.
Description of WiFi System/Service Availability
Provider (Advanced Wireless Group) will provide access to the WiFi System at locations (“Enabled Locations”) that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of the Facilities, and may not always be operational.
Provider will provide you with the following technical support services by calling the number located on the support/FAQ’s page or posted at the Enabled Locations:
- Assisting, on a limited basis, wireless card configuration support and connection assistance
- Providing information regarding account cancellations
- Assisting with username and password inquiries
- Assisting with billing and refund inquiries
Provider operates both Paid, Sponsored and Free access systems
Provider may offer any or all of these access plans at the provider locations. All plans may not be available at all locations.
Sponsored Free Access WiFi System
Use of the Intranet website portion of the WiFi System is free. The Intranet website portion of the WiFi System contains certain limited informational and entertainment content provided by Provider or third parties that have licensed content to Provider. Provider may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Provider of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.
Connecting to the Internet to receive email, search the World Wide Web, or engage in other Internet based activities may be provided at no charge to the user if a sponsor or advertiser is subsidizing access at this location. Not all locations participate in these campaigns, and not all participating locations will have a sponsored offer running continuously. To accept a sponsored session, a user may be required to:
- Share information with the sponsor including demographic information, email address, or other survey information
- Complete a short questionnaire
- View a product or service description page
- View a short video ad about the sponsor’s products or services.
By accepting and completing the sponsor requirements, user acknowledges that this information will be supplied to the sponsor. Provider reserves the right to change sponsors, offers and sponsored access requirements at any time, which will be posted on the sign-up page.
Free Advertising Supported Access WiFi System
Use of the Intranet website portion of the WiFi System is free. The Intranet website portion of the WiFi System contains certain limited informational and entertainment content provided by Provider or third parties that have licensed content to Provider. Provider may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Provider of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.
Connecting to the Internet to receive email, search the World Wide Web, or engage in other Internet based activities may be provided at no charge to the user provided the user accepts the Terms of Access and Acceptable Use Policy. Provider may require the user to view advertising in order to receive Internet access. Session length and frequency of the advertising may vary at different Provider locations.
Fee for WiFi System
Use of the Intranet website portion of the WiFi System is free. The Intranet website portion of the WiFi System contains certain limited informational and entertainment content provided by Provider or third parties that have licensed content to Provider. Provider may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Provider of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.
Connecting to the Internet to receive email, search the World Wide Web, or engage in other Internet based activities requires payment of an access fee. Current prices for use of the WiFi System are posted on the sign-up page for Internet access. These rates may also be obtained by calling (877)-294-WiFi (9434). Provider reserves the right to change prices and institute new fees at any time, which will be posted on the sign-up page.
Rate Plans and Billing
Sponsored Access Plans. Sponsored session times vary by offer. Access to specific offers may be limited to once per day, week, or month depending on the sponsor campaign.
Daily Rate Plan. You may sign up to gain access to the Internet through the WiFi System for fixed, continuous blocks of time, which will be charged to you at the rates disclosed on the Internet Access Signup Page. The commencement time/date of your initial session is the time/date that you log in after completing the registration process. Each billing period under this plan ends at the the purchased time amount after the commencement time/date. All fees you incur will be charged to your credit card at the time/date each billing period begins.
Subscription Plans. Provider does not currently provide any subscription plans. However, the WiFi System has roaming arrangements with numerous wireless providers, and your roaming wireless Internet subscription with any one of those providers may enable you to gain access to the Internet by entering your user ID and password as provided by your wireless provider. For a list of wireless providers whose subscribers may use the WiFi System to access the Internet for no additional charge beyond their wireless Internet subscription fee, go to the airportwifi.us homepage.
Note: You understand that Provider is not responsible for billing, or service support if you are a subscriber to a roaming wireless provider’s wireless Internet plan, and you should contact your roaming wireless provider directly for subscription information and support.
Payment
You shall pay all fees charged to your credit card for use of the WiFi System , plus any applicable taxes and other fees imposed as a result of this Agreement.
Logging Out and Ending Billing
You will be automatically logged out if, for 15 minutes or longer: (1) the wireless card is removed from your computer, (2) your computer is powered off, or (3) your computer is moved out of the coverage area. Note: Your session begins with your first login and continues continuously until the expiration of the session time purchased.
If Provider is unable to charge fees to the credit card number you have provided, you remain responsible for any such charges and agree to pay by another means acceptable to Provider.
Cancellation Policy
A user may cancel their purchase only if they have not logged in to the Internet with the LOGIN NOW button. After login, the purchase is deemed to be delivered. To cancel the transaction, email a copy of the transaction receipt or the date, customer name, and airport to billing@awgwifi.com
Refund Policy
Refunds are provided if the user login fails and you are unable to gain access to the Internet. Duplicate charges in the user selected purchase period are voided before processing. To obtain a refund, email a copy of the transaction receipt or the date, customer name and airport to billing@awgwifi.com
Access to Internet Content
Provider does not screen or restrict access to any content placed on or accessible through the Internet. Provider also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Provider is not liable for any action or inaction with respect to any such content on the Internet accessible through the WiFi System. In addition, Provider is not responsible for any content provided by third parties or licensed to Provider for inclusion within the Intranet portion of the WiFi System.
3rd Party Advertising
You hereby agree to receive advertisements from Advanced Wireless Group, LLC preferred advertising partners while using this service. Such advertisements may be displayed in existing advertisement locations after the delivery of the existing advertisement meets the Interactive Advertising Bureau’s (IAB) standard for an advertisement impression, and may also be displayed in other locations on the screen that do not cover or obscure any of the published content.
Advanced Wireless Group, LLC and its preferred advertising partners are committed to respecting your privacy and do not collect or utilize any personal information on our properties that would potentially identify who you are (name, email address, telephone number, etc.). Like most web properties, however, we do collect usage information about how our properties are accessed and utilized by users in order to help improve our services to you, and may share such information with Advanced Wireless Group, LLC preferred advertising partners to allow them to create advertising customized to your interests. This information may include, but is not limited to, your browser type, platform type, operating system, which advertisements and other content you viewed, links you may have clicked on, the type of sites you have visited where a certain advertisement was delivered, and the amount of time you spent viewing a particular advertisement. We may also collect and share information with Advanced Wireless Group, LLC preferred advertising partners that identifies the device(s) you use to access and utilize our properties, such as your Internet protocol (IP) address, media access control (MAC) address, or other device identifier to help us better understand your physical location in order to customize the content you are viewing and improve services to you. We do this by creating an anonymous profile assigned to your device(s) that is based on a unique numeric identification.
If you decide at any time that you no longer wish to receive online advertisements from Advanced Wireless Group, LLC preferred advertising partners, you may opt out of such advertising by simply clicking this link below:
Click Here to Opt Out: http://adsmws.cloudapp.net/optout.aspx
Please note that if you opt-out, you may continue to receive online advertisements from other advertisers who purchased inventory (ad space) on the particular website you are viewing, but will not receive targeted advertisements from Advanced Wireless Group, LLC preferred advertising partners.
The opt–out works by placing a cookie on your computer that notifies Advanced Wireless Group, LLC that you no longer wish to receive such advertising from our network. If this cookie is deleted, then you will need to complete this opt–out process again for the opt-out to go into effect. If you use more than one computer or browser, you will need to complete this opt–out process on each computer and on each browser for the opt-out to go into effect.
Your Responsibilities
You must (1) provide accurate and complete registration information, (2) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the WiFi System, (3) protect the password, username and security information you use to access the WiFi System and notify Provider immediately of any unauthorized use of your account, and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the WiFi System and (2) all communications that you send or receive via the WiFi System. Provider does not undertake the security of any data you send through the WiFi System and it is your responsibility to secure such data.
Acceptable Use Policy
All users of the WiFi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Provider does not actively monitor the use of the WiFi System 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 WiFi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Provider to liability or may violate this AUP. Provider 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 WiFi System and/or your account or other actions as detailed below.
The following constitute examples of violations of this AUP. You agree to not use the WiFi System 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 WiFi System;
(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 WiFi System without Provider’s authorization;
(13) use the WiFi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Provider requests that anyone who believes that there is a violation of this AUP direct the information to: info@awgwifi.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; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number . 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.
Termination
You agree that Provider may terminate this Agreement and cancel your access to the WiFi System for any and all accounts you may have at any time, without notice and for any reason including, but not limited to, nonpayment, violation of any of the terms and conditions of this Agreement, security or safety reasons, providing inaccurate registration information, and/or using the WiFi System to perform any illegal activity. You further agree that in the event of termination for any reason Provider will have no liability to you.
Termination by Acceptable Usage
From time to time Provider may impose reasonable rules and regulations regarding the use of its services. The rules under this paragraph are not exhaustive and Provider reserves the right to modify these. You agree to abide by these rules. Any violation to these rules may result in the suspension or termination of your service. Any unlisted activity may also be a violation of this rules if it illegal, irresponsible, or disruptive to the network. No credits or refunds will be issued for any interruption in service resulting from acceptable usage violations.
Notice of Problems or Complaints
If you experience a problem accessing or using the WiFi System, report the problem by calling the phone number posted on the Support/FAQs page or on the signs found at any of the Enabled Locations within seven (7) days of the date on which the problem occurred. After seven days, any complaints regarding a problem are deemed waived. If Provider determines the WiFi System is at fault, their sole obligation under this Agreement is to provide remedy in a manner consistent with their regular business practices. Provider provides no guarantee and make no representation that the WiFi System will be available during the hours posted at every WiFi System location. Credits and refunds will not be issued for reasons of temporary unavailability of the WiFi System at a particular location.
Modifications
Provider may, at its sole discretion, modify the terms and conditions of this Agreement including its Rate Plans. Such modifications shall be binding and effective upon posting on the WiFi System ‘Internet Access Signup’ page. You agree to periodically review the ‘Internet Access Signup’ page to maintain awareness of any modifications. By continuing to use the WiFi System after such postings, you accept and agree to any and all such modifications.
Indemnification
You shall defend, indemnify and hold Provider and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the WiFi System or any breach of this Agreement.
Warranty
Provider warrants that the WiFi System will conform, as to all substantial operational features, to Provider’s currently published specifications and will be free of defects which substantially affect system performance. THE WARRANTY PROVIDED IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PROVIDER. PROVIDER MAKES AND YOU RECEIVE NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. PROVIDER SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF MASSPORT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM.
Limitation of Liability
PROVIDER’S LIABILITY TO YOU UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE FEE PAID BY YOU TO PROVIDER.
Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you and Provider with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the Commonwealth of Massachusetts as applicable without giving effect to the principles of conflicts of law thereof.
Arbitration
ANY CLAIM OR DISPUTE BETWEEN YOU AND PROVIDER ARISING UNDER OR IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, AND/OR PROVIDER’S PROVISION TO YOU OF SERVICES OR LICENSED PROGRAMS, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES, INCORPORATED HEREIN BY THIS REFERENCE AND AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT http://www.adr.org. Notice of an arbitration commenced by you must be served on Provider’s registered agent. An arbitrator may only award as much relief as a court having jurisdiction in the place of arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of this Agreement. An arbitrator may not order consolidation or arbitration on a classwide basis and may order injunctive or declaratory relief pursuant to applicable law. The arbitral award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with the arbitration; the cost of the arbitrator and the administration of the arbitration shall be borne in accordance with the directive of the arbitral award. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL, OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION.
