Internet4Everyone Terms and Conditions

Welcome to Internet4Everyone Inc.. By activating or  using our service you agree to be bound by the agreement. Please carefully read these Terms and Conditions ("T&C's") as they describe your Service and affect your legal rights. IF YOU DON'T AGREE WITH THESE T&C'S, DO NOT USE THE SERVICE.

This is your agreement with Internet4Everyone Inc.. (together "Internet4Everyone Inc. ," "we" or "us") for: (a) communication and related services ("Service"),  (b) for other purchases or services (provided by us or third parties) billed to your account ("Other Services"). The Agreement begins when: (1) you sign or electronically accept the Agreement, (2) you activate or use the Service, or (3) are deemed to accept the Agreement.

1.        Agreements Governing Use. These T&C's, your Service Agreement (if any), your rate plan information and the terms and conditions for use of any other Internet4Everyone Inc. service (together, the "Agreement"), govern the use of the Service.  Your electronic acceptance of the Agreement or your acceptance by use or activation of Service is the same as signing the Agreement and you agree that electronic images of the Agreement will be considered originals. You acknowledge that no employee or other agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement, Service, rate plans and offerings or Other Services, or to waive or modify any terms or provisions of the Agreement.

2.        Mandatory Arbitration; Dispute Resolution. YOU WILL FIRST NEGOTIATE WITH US IN GOOD FAITH TO SETTLE ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR OUR PROVISION TO YOU OF GOODS, SERVICES, OR UNITS ("CLAIM"). YOU MUST SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR REGISTERED AGENT. IF YOU DO NOT REACH AGREEMENT WITH US WITHIN 30 DAYS, INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY CLAIM MUST BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE A PART OF THE AGREEMENT BY THIS REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. You must serve our registered agent with a notice of arbitration in order to begin arbitration. This agreement to arbitrate extends to claims that you assert against other parties, including without limit equipment manufacturers and dealers, if you also assert claims against us in the same proceeding. The Agreement involves interstate commerce and despite the choice of law provision in Sec. 25, the Federal Arbitration Act and federal arbitration law govern arbitrations under the Agreement. 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 the Agreement. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees except: (a) for claims less than $25, we will pay all arbitrators’ fees and (b) for claims between $25 and $1000, you will pay $25 for the arbitrator's fee. You and we agree to pay our own other fees, costs and expenses including those for counsel, experts, and witnesses. Visit www.adr.org arbitrator fee information in hardship circumstances.

Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. While the prohibition on consolidated or class wide proceedings in this Sec. 3 will continue to apply: (a) you may take claims to small claims court, if they qualify for hearing by such court and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. YOU AND WE ACKNOWLEDGE AND AGREE THAT THIS SEC. 3 WAIVES ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.

3.        Changes to the Agreement or Charges. We may change or increase the charges for Service, Other Services, or any other charges at any time

4.        Service Availability and Limits. Your Unit is a radio and so Service is only available when your Unit is within range of an antenna. Service coverage and quality may vary. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service, quality and availability. We are not liable for any Service limits, failures or outages.

5.        Use of Service. You may not resell or attempt to resell any aspect of the Service or Other Services, whether for profit or otherwise. Posting or transmitting content that infringes a third party's intellectual property, publicity, privacy, or other right; c). Posting or transmitting content that is unlawful, untrue, defamatory, threatening, obscene, or otherwise objectionable as determined by us; d) Attempting to intercept or collect data about third parties without their consent; e) Tampering with material posted by any other person; f) Tampering with or using non-public areas of the Service or network; g) Attempting to probe or test the vulnerability of a system or network or to breach security or authentication measures; h) Attempting to access or search the Service or network with any software, or mechanism other than the software and/or search agents provided by us or other generally available third party browser; i) Sending unsolicited messages, including without limit, ads for goods or services, pyramid schemes or spam ; j) Using the Service or Other Services to send deceptive or false source-identifying information; k) Attempting to decipher, decompile or reverse engineer any of the software comprising or in any way making up a part of the Service; l) Attempting to interfere with the access of any user, host or network, including without limit, sending a "virus" through the Service, overloading, spamming, or mail bombing the Service; or m) Impersonating or misrepresenting your affiliation with any person or entity.

If we suspect violations of any of the above, we may: a) begin legal action, b) immediately, without prior notice suspend or terminate the Agreement and the Service, c) suspend or terminate any other Internet4Everyone Inc. agreements between us and you and the Internet4Everyone Inc. service provided under those agreements, and d) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with us in investigating suspected violations.

6.        Default; Termination. You will be in default under the Agreement if you: (a) do not pay any sum when due, (b) breach the Agreement or any other agreement between you and us, (c) become the subject of any proceeding under the Bankruptcy Code or (d) become insolvent. In all cases, you are responsible for payment of all charges and due to us under the Agreement (including any charges after a Bankruptcy filing), which charges will be immediately due and payable. If you are in default, we may cancel Service and terminate the Agreement and any other agreements between us and you and the services provided under those agreements without prior notice. If we renew Service to you after discontinuing Service, you may be subject to a credit check and agree to pay reactivation charges or applicable deposits. Our remedies under the Agreement are not exclusive but are in addition to all other remedies provided by law.

7.        Billing and Charges. You agree to pay in full each month all charges for service under the Agreement and you remain liable for payment even if a third party agrees to pay all or part of your charges.

8.        Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED, ALL SERVICES, UNITS AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE, UNIT OR OTHER SERVICES. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES ("Internet4Everyone Inc. AFFILIATES") DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE OR UNIT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, OR ERROR OR BUG FREE. THE SERVICE IS NOT INTENDED TO PROVIDE TAX, LEGAL, INVESTING OR OTHER ADVICE. IF YOU RECEIVED A WRITTEN "Internet4Everyone Inc.. LIMITED WARRANTY" WITH YOUR UNIT, IT IS THE ONLY WARRANTY MADE BY US WITH RESPECT TO THE UNIT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

9.        Limitation of Liability. We are not liable for any deficiency in performance caused in whole or in part by act or omission of an underlying carrier or service provider, website, messaging community, dealer, equipment or facility failure, Unit failure or unavailability, discontinuation of Service, Other Services or Units, network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, delay or failure of number portability, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, or causes beyond our reasonable control.  EVEN IF Internet4Everyone Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, Internet4Everyone Inc. AND THE Internet4Everyone Inc. AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, ANY UNIT OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL OR CONSEQUENTIAL DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

THE MAXIMUM AGGREGATE LIABILITY OF Internet4Everyone Inc. AND THE Internet4Everyone Inc. AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR UNIT, SHALL BE A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR UNIT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

10.     Indemnification. You agree to defend, indemnify and hold us, any roaming or network partner, and any Internet4Everyone Inc. Affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service, a Unit or Other Services or your breach of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties.

11.     Privacy and Security. Wireless systems use radio channels (and some Units use Bluetooth or other technology) to transmit voice and data communications over a complex network. Privacy and security cannot be guaranteed, and we are not being liable to you for any lack of privacy or security you experience while using your Unit, the Service or Other Services. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right, without obligation, to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, and related information under certain circumstances (such as in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide or your personally identifiable information can access your account so you should take reasonable steps to protect this information

12.     Assignment. We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.

13.     Severability. All terms and conditions of these T&C's are independent of each other. If any provision of these T&C's is held to be inapplicable or unenforceable, then (a) that term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect, (b) the T&C's will not fail their essential purpose and (c) the balance of the T&C's remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event we have the right to terminate the Agreement.

14.     Governing Law; Venue and Statute of Limitations. The Agreement, its validity, construction and performance, is governed by applicable federal law and the laws of the state associated with your Number or your address in our records. Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the state where your Service is principally provided, but not outside the U.S. Except as otherwise stated in the Agreement, and unless prohibited by law, a claim or dispute must be brought within 1 year from the date the cause of action arises.

15.     Entire Agreement. The Agreement represents the final and entire agreement between you and us regarding the Service, the Unit and Other Services. Except as otherwise stated in the Agreement, no change to the Agreement will be valid unless we accept it in writing. If we don't enforce our rights under any of the provisions of the Agreement, it does not waive or reduce our right to require strict compliance in the future.

16.     Signing Authority; Authorized User. You represent that you may legally enter into the Agreement, have received a copy of the Agreement and have read and clearly understand its terms. If activating on behalf of a corporation or other entity, you represent that you have full authority to bind that entity and if not agree to accept personal liability for the account. You are responsible for all charges incurred by any person you authorize to access your account, or allow to use your Unit, the Service or Other Services.