WIFI FAST TERMS AND CONDITIONS
The following Terms and Conditions are effective as of February 2005, and may be revised from time to time.
Welcome to WiFi Fast’s new, wireless fidelity (“Wi-Fi”), high-speed Internet site (the “Service”).
BY CREATING AN ACCOUNT ON OUR SITE AND USING OUR SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. We ask that you please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, DO NOT continuing using or setting up your account. However, IF YOU CREATE OR HAVE CREATED AN ACCOUNT, YOU ARE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ARE STRONGLY ADVISED TO REREAD THEM PERIODICALLY IN ORDER TO KEEP UP WITH CHANGES WHICH MAY BE MADE TO THESE TERMS AND CONDITIONS FROM TIME TO TIME.
These Terms and Conditions may be accompanied by a contract. Both your contract and these Terms and Conditions are your agreement (collectively or separately, the “Agreement”) with WiFi Fast and its affiliates (collectively referred to as, “WiFi Fast,” “we,” “us,” or “our”) for any services or products that you purchase or obtain from us and are billed to your WiFi Fast account. The rate plans available to you on our Web site are made a part hereof and are incorporated herein by reference. By accepting this Agreement, you acknowledge that no employee or agent of WiFi Fast is authorized to make any representation or warranty other than as described in this Agreement, including, but not limited to, our service, service plans, rate plans, and equipment, or to waive or modify any terms or provisions of this Agreement.
You are deemed to have accepted this Agreement when you actiTAXe or use the Service and/or sign, orally, or electronically accept this Agreement.
PLEASE READ THIS PROVISION CAREFULLY. EXCEPT AS NOTED BELOW, ALL DISPUTES IN CONNECTION WITH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR DISPUTE BETWEEN YOU AND WIFI FAST IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF SERVICES OR EQUIPMENT TO YOU, INCLUDING ANY BILLING DISPUTES, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).
This Agreement to arbitrate also requires you to arbitrate claims against other parties relating to the Service or equipment provided or billed to you. You and we agree that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite the choice of law provision in Sec. XVI).
Before instituting arbitration, you agree to provide us with an opportunity to resolve you claim by submitting a written complaint to our Customer Support Department at 1803 Beglis Parkway, Sulphur, Louisiana 70663, and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim within thirty (30) days of receipt of your written notice of claim, then we may initiate arbitration proceedings. In order to begin arbitration, you must serve our registered agent at the address provided for you in Section XIV of this Agreement. The arbitration will be subject to the rules published by the AAA for the wireless industry and supplemental procedures for consumer-related disputes. These rules and supplemental procedures can be obtained by calling the AAA at 800-778-7879 or through its Web site at www.adr.org. There is a fee schedule for arbitrations that is charged by the AAA that covers all fees and expenses. The exceptions to this fee schedule are as follows: a) WiFi Fast will pay all fees and expenses for claims less than $25.00; b) you will pay only $25.00 for claims between $25.00 and $1,000.00, or any lesser amounts as provided for in the AAA’s supplemental procedures. Any and all parties involved in a dispute over a claim agree to pay their own fees and expenses and any and all other related costs arising from the dispute. An arbitrator may issue an award equal to any award given by a court of jurisdiction that is consistent with the law of the jurisdiction. If your claim qualifies for Small Claims Court in the court of jurisdiction, you may take your claim to Small Claims Court in the place of arbitration. If you fail to timely pay any amount due WiFi Fast, we may assign your account for collection, which may be pursued in court, together with any amounts due for interest and costs arising from the past due balance in accordance with the law of the court of jurisdiction.
WAIVER OF CLASS ACTION
CLAIMS CAN ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION REPRESENTATIVE OR MEMBER IN A CLASS ACTION LAWSUIT OR CLAIM, REGARDLESS OF THE COURT OR ARBITRATION. If a class or representative action is unenforceable under applicable law, the agreement to arbitrate will not apply, and the claim will be resolved in a court of appropriate jurisdiction, other than in Small Claims Court.
WAIVER OF JURY TRIAL
ALL RIGHTS TO JURY TRIAL BY ALL PARTIES IS HEREBY WAIVED AS TO TRIAL BY JURY INVOLVING ANY CLAIMS BETWEEN THE PARTIES ARISING FROM YOUR USE OF THE SERVICE.
II. REVISIONS TO THIS AGREEMENT
If WiFi Fast increases its rates or modifies a material term or condition of this Agreement which is adverse to you, WiFi Fast will notify you of the rate increase or adverse modification and will give you the opportunity to cancel the Service. If you do not cancel the Service within fourteen (14) days or otherwise accept the rate change and/or adverse modification by continuing to use the Service past that fourteen (14) day period, then you agree to the changes and are still bound by this Agreement, except to the extent prohibited by law, even if you paid for the Service in advance.
II. CANCELLATION OF SERVICE
If you are a monthly subscriber, you may cancel your service at the end of your initial contract period as provided for in the contract. You may resume service with WiFi Fast after you cancel your service, provided you are in full compliance with the provisions of your initial contract and any cancellation thereof and have maintained a good payment history with us from the inception of your account. If you maintained less than a good payment history with us, then we reserve the right to deny you access to the Service, or we may require a deposit in an amount of our discretion before you are given access to the Service.
III. SERVICE LIMITS AND AVAILABILITY
Your service is only available when your wireless device is within range of an antenna that provides service. The service area, coverage, and quality of the Service may vary and change without notice. Network changes, service outages, emergencies, traffic volume, transmission limits, signal strength, limitations of your equipment, interference by other carriers, interference by terrain, structures, weather, or other conditions (without limitations) may limit the availability and quality of the Service without notice. We are not responsible for these types of interference or outages caused by conditions beyond our control or necessary outages for system maintenance and/or repair.
IV. USE OF THE SERVICE
You are expressly prohibited from using the Service in a manner that is fraudulent, unlawful, improper, harassing, excessive, harmful or abusive (“Prohibited Uses”), or in a manner which adversely or negatively impacts other subscribers, employees, business, our ability to provide quality service, reputation, or network, or any other person. On a case-by-case basis, we reserve the right, at our sole discretion, to determine what constitutes a Prohibited Use. The following Prohibited Uses include, but are not limited to: a) sending unsolicited e-mails; b) attempting to interfere with the access of another subscriber, host, or network; c) identity theft; d) attempting to decipher, decompile, or reverse engineer any software; e) posting or transmitting any unlawful, infringing, or objectionable content as determined by us; f) probing or attempting to tamper with or harm our systems, network, or subscribers; or g) reselling any aspect of the Service, whether for profit or otherwise, without contractual consent by us to do so. If we discover or otherwise suspect Prohibited Uses, we may: i) immediately suspend or terminate your Service or account, without prior notice; ii) begin legal action; (iii) suspend or terminate any other service provided to you by WiFi Fast or any of its affiliates as provided by law; and (iv) cooperate with law enforcement officials in the prosecution process. YOU HEREBY AGREE TO FULLY COOPERATE WITH US IN THE INVESTIGATION OF ANY AND ALL SUSPECTED VIOLATIONS. If we determine that your use of the Service is excessive, or otherwise unprofitable for us, we may choose, at our sole discretion, to change your rate plan or otherwise terminate your service with us. You have no ownership rights to any e-mail or IP address assigned to you or your account. Any e-mail or IP address on our system may, at our sole discretion, be changed at any time.
V. REQUIRED TECHNOLOGY
Your wireless device may not be compatible with our system. Please be sure your wireless device operates on 802.11b standard in order to use our Service.
VI. CHANGES TO YOUR ACCOUNT
Your account can be changed in the following ways: a) switching to a new rate plan (a fee may apply); b) temporary suspension of your account (at WiFi Fast’s sole discretion); or c) giving your account ID and password to another person (NOT recommended). If you request a temporary suspension of your account, you may be required to continue making your monthly payments, and the term of your contract may be extended for the length of the suspension. If you give your ID and password to another person, that person can and may make changes to your account whether authorized by you or not. You will be responsible for any account changes that person makes to your account. WiFi Fast will protect the privacy and security of your account; however, you are responsible if you inadvertently allow someone to gain access to your login information (whether you have knowledge of it or not) or if you purposely give that information to another person.
VII. INCORRECT CHARGES TO YOUR ACCOUNT
You have thirty (30) days from the date you receive your bill if you are on a monthly rate plan or have knowledge of any error on your bill or of any erroneous charges to your account in order to dispute the billing error. All disputes must be received in writing and are subject to the terms in Section I above. If you accept a credit to resolve a disputed charge, you are in agreement that the dispute is fully and finally resolved.
Charges to your account will be billed in advance. A payment may be made by credit card or by prepaid card. Monthly billing will be paid one (1) month in advance. Upon initial setup of your account, you will not be billed or disconnected if your payment reaches us by the cut-off date. The cut-off dates will be the eleventh (11th) and twenty-fifth (25th) days of each month. The cut-off date which will affect your account will depend upon the date you initially set up your account. PLEASE PROMPTLY SEND IN YOUR FULL MONTH PAYMENT TO AVOID DISCONNECT ON YOUR ASSIGNED CUT-OFF DATE. If you are unsure of your cut-off date, please call our Customer Service Department at (800) 584-0925 or locally at (337) 558-8369. In order to process you payment correctly, WiFi Fast must have proper identification of you and your account. Payments that are not made in a timely manner will result in the account being disabled until your account is brought current. A late fee and/or a reconnection fee of Ten Dollars ($10.00) may apply. If you pay with a personal check and the check is returned for non-sufficient funds (“NSF”), it is a breach of this Agreement, and your account will be terminated until you bring your account current. Once we have received an NSF check from you, you will be required to pay by cash or credit card in the future, and you will be charged an additional NSF check fee of Thirty Dollars ($30.00) and a late fee of Five Dollars ($5.00). Your account may be placed with a collection agency for collection and will be subject to the terms of Section I above. All credit card purchases will be verified before crediting your account.
IX. DISCLAIMER OF WARRANTIES
EXCEPT AS PERMITTED BY LAW OR EXCEPT FOR ANY WRITTEN WARRANTY WHICH MAY BE PROVIDED BY A MANUFACTURER, ALL SERVICES AND EQUIPMENT ARE PROVIDED IN “AS IS,” “WITH ALL DEFECTS OR FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND/OR EQUIPMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY OF ANYKIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY(IES). WIFI FAST AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR PARENT COMPANIES DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, EQUIPMENT, PROCESS, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR-FREE. IF APPLICABLE STATE LAW DOES NOT ALLOW THIS DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
X. LIMITATION OF LIABILITY
WIFI FAST, ITS OFFICERS, DIRECTORS, AFFILIATES, AND EMPLOYEES ARE NOT LIABLE TO YOU FOR ANY DEFICIENCY IN PERFORMANCE OR QUALITY, CAUSED IN WHOLE OR IN PART, BY AN ACT OR OMISSION OF AN UNDERLYING PROVIDER, WEB SITE, MESSAGING COMMUNITY, DEALER, EQUIPMENT, OR FACILITY FAILURE, FAILURE OF YOUR WIRELESS DEVICE, OR UNAVAILABILITY, DISCONTINUATION OF SERVICE, OR NETWORK OR SYSTEM PROBLEMS, LACK OF COVERAGE OR NETWORK CAPACITY, EQUIPMENT OR FACILITY UPGRADE OR MODIFICATION, DELAY OR FAILURE OF TRANSMISSION, ACTS OF GOD, STRIKES, FIRE, TERRORISM, WAR, RIOT, EMERGENCY, GOVERNMENT ACTIONS, EQUIPMENT OR FACILITY SHORTAGE OR RELOCATION, PRIORITY ACCESS, FAILURE OF SECURITY, DISFUNCTIONALITY OF THE EQUIPMENT OR SERVICES, OR ANY AND ALL OTHER CAUSES WHICH ARE BEYOND OUR REASONABLE CONTROL. EVEN IF WIFI FAST HAS BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES, WIFI FAST AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY YOU ALLOW USE OF YOUR ACCOUNT FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, 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 ARISING FROM INTERRUPTION OR FAILURE OF SERVICES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT EQUIPMENT OR REPLACEMENT OF A WIRELESS DEVICE(S) AND SERVICES; SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR ANY EQUIPMENT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR WIRELESS DEVICE (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY EQUIPMENT OR SERVICES PURCHASED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IF YOUR CLAIM DOES NOT ALLWO THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION OR LIMITATION WILL NOT APPLY TO YOU.
THE MAXIMUM AGGREGATE LIABILITY OF WIFI FAST AND WIFI FAST’S AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO SERVICES OR EQUIPMENT, SHALL BE A REFUND OR CREDIT OF THE PRO-RATED CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR EQUIPMENT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN FOURTEEN (14) DAYS OF THE DATE THE CLAIM ARISES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WIFI FAST, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ANY ROAMING NETWORK PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, COSTS OR DAMAGES ARISING OUT OF YOUR USE OF THE SERVCIE OR EQUIPMENT, ANY LEGAL DISCLOSURES WE MAKE RELATING TO YORU SERVICE OR EQUIPMENT, OR YOUR BREACH OF THIS AGREEMENT. YOU FURTHER AGREE TO PAY OUR REASONABLE ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS OR FEES, INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS FEES, COURT COSTS, COST FOR EXHIBITS, AND TRAVEL EXPENSES, ARISING FROM ANY ACTIONS OR CLAIMS BY THIRD PARTIES AND THOSE INCURRED IN ESTABLISHING WHETHER THIS SECTION XI APPLIES.
XIII. ASSIGNMENT OF RIGHTS
WiFi Fast may assign all or part of its rights or duties under this Agreement, without such assignment being considered a change to the Agreement, and without notice to you, except to the extent provided by law. 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.
We may send you written notice, which may be on or included with your bill or in the form of an e-mail to your e-mail account or posted on our Web site, which is considered given and received by you on the third (3rd) day after the date deposited in the U.S. Mail, sent to your e-mail address with or without confirmation of receipt, and/or posted on our Web site. You agree we may also notify and communicate with you, or respond to your inquiries electronically through your wireless device, such as by e-mail, voice mail, or Web site posting, which is considered given and received immediately upon transmission. Written notice to us is considered given when received by our registered agent, John A. Henning, Sr., 1803 Beglis Parkway, Sulphur, Louisiana 70663.
XV. DIGITAL MILLENNIUM COPYWRIGHT ACT (“DMCA”) NOTICE
To the extent of providing Service, WiFi Fast may act as a service provider, as defined by the DMCA, and offer services as an online provider of materials and links to third-party sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or made available using the Service. If you believe material available through the Service infringes a copyright, notify us using the notice procedure under the DMCA. We will respond expeditiously to remove or disable access to such material and will follow the procedures specified in the DMCA to resolve the claim. Our designated agent to whom you must address infringement notices under the DMCA is provided in Section XIV above.
XVI. ENTIRE AGREEMENT, APPLICABLE LAW, VENUE, AND/OR MISCELLANEOUS
This Agreement represents the final and entire agreement between WiFi Fast and you regarding the Service and equipment. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in or incorporated into this Agreement. If we do not enforce our rights under any of the provisions of this Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a business, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized. This Agreement is governed by the Federal Arbitration Agreement, applicable federal law, and the laws of the state of Louisiana. Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the State of Louisiana, but not outside the U.S.
XVII. ADDITIONAL TERMS FOR PREPAID CUSTOMERS
You are responsible for prepaying all charges for using the Service. The balance in your prepaid account is reduced by the charges attributable to your use of the Service. Service lasts as long as the earlier of: (i) the time period on a prepaid card or coupon, or (ii) when the balance goes to zero, then Service will be interrupted. You may continue to use the Service by purchasing additional prepaid Service. You will not receive a monthly bill unless you sign up for this type of account. Activity records can be accessed online under your account management feature. You may view your activity record and account information online when you log into your account. Prepaid service is non-refundable, even if returned during the return period, and no refunds or other compensation will be given for unused balances, lost or stolen prepaid cards or coupons. Applicable Louisiana taxes and fees, if any, may be included in your prepaid charges.
XVIII. OTHER AGREEMENTS AND WARRANTIES
Other services, such as WiFi Fast hotspot or equipment protection, or equipment may come with separate, written terms and conditions, and warranties that govern their use or purchase. Please see those other agreements or warranties for your rights and duties regarding their use.
Because our service is paid in advance, there are generally no refunds for airtime purchased. We will review each purchase on a case-by-case basis, at which point, we may determine to give a refund or a credit of more time. Should you purchase equipment from WiFi Fast, the period during which you can return the equipment for a refund is fourteen (14) calendar days from the date of purchase; provided, however, the equipment is in re-saleable condition. The equipment must be returned with proof of purchase, along with its original packaging. If the equipment is damaged or does not work for any reason, WiFi Fast reserves the right to determine on a case-by-case basis if the damage was caused by your negligence, which would cause you to forfeit any refund. If you purchase your equipment from another source, you are bound by their refund policy and terms. If you find equipment that works better for you, WiFi Fast may, at its sole discretion, purchase your equipment back from you, provided it is in re-saleable condition and is returned within the fourteen (14) day return period.
We invite you to contact us if you have any questions about this policy. You may contact us by mail at the following address:
WiFi Fast, L.L.C.
1803 Beglis Parkway
Sulphur, LA 70663
You may contact us by e-mail at Email.
You may call us at 800-584-0925 or 337-558-8369.
What Information Do We Collect?
We collect browser information and other non-user specific information to support the operation of the system and provide us with broad demographic data.
The information collected is kept internally and only name, address, and telephone number is provided externally to the delivery services we use.
What Do We Do With The Information We Collect?
WiFi Fast, L.L.C. uses information collected from this Web site for internal use only, but may, from time to time, share some information with parties deemed necessary to completing or fulfilling an order or request for information. Information collected on this site is not sold or transferred to any person or party that is not directly involved in normal business operations.
Cookies are a technology which can be used to provide you with tailored information from a Web site. A cookie is an element of data that a Web site can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, an order cannot be processed on this site if you choose not to accept the cookies here.
If any of the information you provide to us changes, please update us by sending an e-mail to firstname.lastname@example.org or by calling us at 800-584-0925 or 337-558-8369.