Services Subscription Agreement (SSA)

 

This document outlines the terms and conditions for myWIFIzone.com's Services Subscription Agreement.

 

Services Offered

 

myWIFIzone.com will provide WIFI Captive Portal and/or Hotspot Services to the Subscriber in accordance with the features advertised on the myWIFIzone.com website. myWIFIzone.com will provide a secure web portal through which Subscriber can manage his/her service features. myWIFIzone.com may, at its own discretion and without notice, improve or modify features or functions relating to these services.

 

Agreement Effective Period

 

This agreement will remain in effect until terminated in accordance with Termination clauses below.

 

Termination by myWIFIzone.com

 

myWIFIzone.com may terminate any or all services provided under this agreement at any time if, at myWIFIzone.com's sole discretion, it is determined that the Subscriber has breached or violated any part of this agreement. If service(s) is terminated by myWIFIzone.com, myWIFIzone.com will refund any unused portion of prepaid monthly amount to the Subscriber.

 

Termination by Subscriber

 

Subscriber may terminate any or all services provided under this agreement at any time. Services will be terminated at the end of the billing cycle in which notification of termination is given. Unused portion of prepaid monthly amounts is not refundable where services are terminated by Subscriber.

 

Limited Warranty

 

myWIFIzone.com warrants only that it shall, subject to the terms and conditions of this agreement, provide selected services described above to Subscriber. myWIFIzone.com makes no other warranties and specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or against infringement. myWIFIzone.com further disclaims any warranty or representation as to the internet, any information derived therefrom and the accuracy or privacy thereof. Furthermore myWIFIzone.com further disclaims that subscriber will be able to access the service one hundred percent of the time during peak periods or down conditions.

 

Limitation Of Liability

 

Subscriber specifically agrees that, in no event, shall any liability to myWIFIzone.com as a result of this agreement exceed subscriber's monthly fee of any single month during which any claim deriving liability arose. myWIFIzone.com shall have no liability whatsoever for any incidental or consequential damages of any kind whether under this agreement or otherwise.

 

Sharing Internet Connections

 

Some Internet Service Providers (ISP's) prohibit sharing your internet connection with others. myWIFIzone.com recommends that the Subscriber check with his/her ISP before doing this. myWIFIzone.com accepts no liability or responsibility for any actions by Subscriber that violate ISP service agreements.

 

Compliance & Indemnification

 

Subscriber agrees to use the Service in compliance with all applicable laws and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber specifically agrees to defend, indemnify, and hold harmless myWIFIzone.com, its officers, and employees from any claim, loss, or damage, including costs and attorney fees, arising out of any act or omission of Subscriber under this Agreement.

 

Law

 

This Agreement shall be construed under the laws of the Province of Ontario, Canada and any action to enforce the terms and conditions hereof shall be brought before an Ontario Provincial court or such state and country as myWIFIzone.com's corporate headquarters is located at the sole discretion of myWIFIzone.com.

 

Notice

 

Notice shall be in the form of e-mail at the e-mail address(es) set forth herein. Additionally, myWIFIzone.com may give notice via message(s) to Subscriber's account which Notice shall be effective upon first access to the account under Subscriber's ID.

 

Payment Terms

 

Payment for monthly plan service is due on the renewal date of that service's billing cycle (usually monthly) for Service to be rendered during that billing cycle. Authorized charges for Subscriber's selected services shall be made, in advance, on or about the monthly renewal date for the term of this agreement until terminated as provided herein.

 

Payment Method

 

Subscriber hereby authorizes charges to be made through our payment processor each billing cycle for the duration of this agreement in the amount of all service(s) Subscriber has selected.

 

Force Majeure

 

myWIFIzone.com shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, local phone company and other third party telecommunications providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the control and without fault or negligence of myWIFIzone.com.

 

Waiver

 

No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

 

 

Entire Agreement

 

These terms and conditions constitute the entire agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by myWIFIzone.com upon thirty days Notice. This Agreement may not be amended by Subscriber except by writing signed by both parties hereto.

 

 

Subscriber Agrees to be Bound

 

By initially logging on and subscribing to service(s) through myWIFIzone.com's secure web portal, Subscriber agrees to be bound by all terms and conditions of this Subscription Agreement, including but not limited to the provisions authorizing myWIFIzone.com to charge Subscriber on a monthly basis, where applicable until termination notice is given as outlined above.

 

Illegal Use

 

myWIFIzone.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

 

Spamming

 

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to myWIFIzone.com's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a myWIFIzone.com server, and selling or distributing software (on a Web site residing on a myWIFIzone.com server) that facilitates spamming. myWIFIzone.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

 

System and Network Abuse

 

 

Violations of system or network security are prohibited. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

 

Viruses and Other Destructive Activities

 

 

Use of myWIFIzone.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use myWIFIzone.com's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

 

Copyright Violations

 

Subscriber agrees that no Copyrighted or Patented material will be uploaded to myWIFIzone.com's servers without the express written permission of the Copyright or Patent owner. Suspected Copyright or Patent infringement may result in suspension or termination of Services.

 

Pornography

 

Pornography and sex-related merchandising are prohibited on myWIFIzone.com servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

 

Child Pornography

 

The use of myWIFIzone.com's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. myWIFIzone.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

 

Privacy

 

myWIFIzone.com is concerned with the privacy of its Subscribers and Customers. myWIFIzone.com does not share Subscriber account information including e-mail addresses with third parties and takes precautions to secure this data from others. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, myWIFIzone.com urges its customers to assume that all of their on-line communications are insecure. myWIFIzone.com cannot take any responsibility for the security of information transmitted over myWIFIzone.com's facilities.

 

Backup of Data

 

Subscribers are solely and entirely responsible, and myWIFIzone.com assumes no responsibility, for the management and backup of customer data, and all updates, upgrades, and patches to any software that customers use in connection with myWIFIzone.com services.

 

Complete Agreement and Exclusivity

 

The SSA, and/or any other specific agreement for myWIFIzone.com services, constitutes the complete understanding and agreement between myWIFIzone.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of myWIFIzone.com, the SSA supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This SSA, and/or any other specific agreement for myWIFIzone.com services is between myWIFIzone.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by myWIFIzone.com.

 

Billing/Price Changes

 

myWIFIzone.com's policies and prices are subject to change at myWIFIzone.com's sole discretion. Price changes will normally become effective in the next billing cycle. myWIFIzone.com will make reasonable efforts to notify Subscriber in advance of price changes through e-Mail and/or its web site and/or Subscriber's secure Site Control Center.

 

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Additional Terms applicable to Managed Services (HotZone and HotZone Premium Services)

 

Subscriber authorizes myWIFIzone.com and myWIFIzone.com's payment processor to collect monies from end-users on Subscriber 's behalf for services provided by Subscriber at Subscriber 's wireless network locations (sites).

 

Pricing and Conditions of Site Services

 

Subscriber will be permitted to set pricing and condition parameters for Subscriber 's site services using myWIFIzone.com's Site Control Center portal. myWIFIzone.com reserves the right to reject pricing and condition parameters which, by myWIFIzone.com's sole discretion, are not fair market value for services offered and would reflect negatively on myWIFIzone.com brands.

 

Revenue Holdback

 

To account for the potential of end-users refusing credit card charges (chargebacks), payment by myWIFIzone.com to Subscriber for site revenue may be delayed by up to sixty (60) days after date of transaction by end-user.

 

myWIFIzone also reserves the right to withhold any or all site revenue if myWIFIzone.com's usage analysis tools identify suspected fraudulent or

anomalous activity. When activity has been verified as legitimate based on myWIFIzone.com's investigations, holdback revenue will be issued in accordance with Settlement terms below.

 

Settlement

 

myWIFIzone will pay to Subscriber revenue collected for end-user services provided by Subscriber at Subscriber’s sites, less processing and transaction fees and less any Revenue holdback as per paragraph above, on a monthly basis on or near the last business day of the month through myWIFIzone's payment processor (Paypal).

 

Processing and Transaction Fees

 

myWIFIzone.com will deduct from monthly Settlement payments to Subscriber, 40% of gross revenue collected for HotZone sites, or 30% of gross revenue collected  for HotZone Premium sites, at Subscriber’s locations as processing fees, plus USD $0.30 per transaction processed for the settlement period.

 

Version 2.0 July 01, 2006