IDAHOWIFI CUSTOMER TERMS OF SERVICE AGREEMENT

By Using IDAHOWIFI Service Or By Accessing The IDAHOWIFI Web Sites, You Agree To Be Bound By All Terms And Conditions Of This Terms Of Service Agreement. 

Please Read This Customer Terms of Service Agreement Carefully Before Using Our Wireless Internet Services or Web Sites. 

1. Terms And Conditions. The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and IDAHOWIFI. IDAHOWIFI provides its wireless Internet access services, as they may exist from time to time ("Services"), to Customers who establish an account with IDAHOWIFI. By establishing an account or using any software provided, developed, licensed or owned by IDAHOWIFI (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other IDAHOWIFI policies posted on our Web site. 

2. Subscription Requirements. Customers must be at least 18 years old. Access points or enabled venues may not be available in all areas. Current prices for IDAHOWIFI's Services are posted on our Web site at www.IDAHOWIFI.net or available by email request to info@IDAHOWIFI.net. IDAHOWIFI reserves the right to change prices and institute new fees at any time. 

3. Payment Obligations Of A Customer. Customers must (1) provide IDAHOWIFI with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to IDAHOWIFI all changes to this information within 30 days of the change. Customers are responsible for any charges to their account. Customers having questions regarding charges to an account should contact IDAHOWIFI's Customer Service Department by e-mail at service@iwifi.us. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. IDAHOWIFI is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by IDAHOWIFI. Delinquent accounts may be suspended or canceled at IDAHOWIFI's sole discretion; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added. IDAHOWIFI may bill an additional charge to reinstate a suspended account. 

4. Customer's Account, Password And Security. Upon registration, you will receive a username, password and user identification number. You are the only authorized Customer of your IDAHOWIFI account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify IDAHOWIFI immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. Usernames and passwords are IDAHOWIFI's property and IDAHOWIFI may alter or replace them at any time. 

5. Monitoring The Services. IDAHOWIFI has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if IDAHOWIFI, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers. 

6. Software License. BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE. 

IDAHOWIFI grants to each Customer a limited, nonexclusive, nontransferable and nonassignable license to install and use the Software, its associated documentation, and any updates thereto ("Licensed Programs") solely for personal or internal business purposes, including accessing and utilizing the Services. IDAHOWIFI may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to its Customers. This license does not entitle Customer to receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Licensed Programs. 

You may not: (1) redistribute the Licensed Programs; (2) permit other individuals to use the Licensed Programs; (3) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the Licensed Programs; (4) copy the Licensed Programs (except for back-up or archival purposes); (5) rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Licensed Programs; or (6) remove any proprietary notices or labels on the Licensed Programs. Any such forbidden use shall immediately terminate your license to the Licensed Programs. You also agree to only use the Licensed Programs in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Programs, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 

The Licensed Programs may automatically communicate with IDAHOWIFI's servers on the Internet to check for updates to the Licensed Programs, such as bug fixes, patches, enhanced functions and new versions. IDAHOWIFI will notify you when updates are available. If you decide to update, you agree that IDAHOWIFI may download updates and install them as part of the Licensed Programs. All such updates to the Licensed Programs are governed by this Agreement, unless other license terms are provided with the update. Although IDAHOWIFI uses encryption technology to provide security for the auto update process, IDAHOWIFI is not responsible for the failure of such security measures. 

Title, ownership rights and intellectual property rights in and to the Licensed Programs shall remain in and with IDAHOWIFI and/or its licensors. The Licensed Programs constitute confidential and proprietary information of IDAHOWIFI and IDAHOWIFI's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws and international treaty provisions. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with IDAHOWIFI's or its licensors' ownership of or rights with respect to the Licensed Programs. You agree, at your expense, to defend and hold IDAHOWIFI and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Licensed Programs have injured or otherwise violated any right of any third party or violates any law. 

You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Licensed Programs, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Licensed Programs or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Licensed Programs from the U.S. 

This license will automatically terminate if you fail to comply with any term hereof. No notice shall be required from IDAHOWIFI to effect such termination. You also may terminate this license at any time by notifying IDAHOWIFI in writing of termination, destroying all copies of the Licensed Programs or by returning all of such copies to IDAHOWIFI. Upon any termination of this license, you shall immediately discontinue use of the Licensed Programs. 

7. Disclaimer Of Warranties And Limitation Of Liability. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY IDAHOWIFI, IDAHOWIFI DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. IDAHOWIFI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. 

THE SERVICES AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDAHOWIFI DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDAHOWIFI MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH IDAHOWIFI OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND IDAHOWIFI DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY IDAHOWIFI OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. IDAHOWIFI AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, IDAHOWIFI's CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD. 

8. Web Site Usage. Our Web site on the World Wide Web at the domain "www.IDAHOWIFI.net" or any other site operated by IDAHOWIFI is a complimentary information service offered by IDAHOWIFI at no charge to Customers. We 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 IDAHOWIFI of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site. Your posting of material on the Web site or providing material to IDAHOWIFI to use on the Web site will be deemed to be a grant by you to IDAHOWIFI of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material. 

9. Acceptable Use Policy. 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 IDAHOWIFI to liability or may violate this AUP. IDAHOWIFI 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 IDAHOWIFI account or other actions as detailed below. 

The following constitute examples of violations of this AUP. You agree to not use the Services to: 
(1) transmit any material (by uploading, posting, e-mail or otherwise) that is unlawful, threatening, abusive, harassing, 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, e-mail 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, e-mail or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

(6) transmit (by uploading, posting, e-mail 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, e-mail 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 IDAHOWIFI's authorization; 

(13) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server. 

IDAHOWIFI requests that anyone who believes that there is a violation of this AUP direct the information to: service@iwifi.us. 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 e-mail please provide a copy of the e-mail messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. 

IDAHOWIFI may take any one or more of the following actions, or other actions not listed, at IDAHOWIFI'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. 

10. Term Of Agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account. 

11. Termination. You may terminate your account at any time and for any reason by providing notice of intent to terminate to IDAHOWIFI at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to IDAHOWIFI Customer Service, 1200 N Main St, #1405, Meridian, ID 83680 or telephone calls directed to Customer Service at 208-321-4188. Your termination will only be complete upon your receipt of a cancellation confirmation number from IDAHOWIFI. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle. 

Without prior notice, IDAHOWIFI may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if IDAHOWIFI, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. IDAHOWIFI may provide termination notice to you by: e-mail addressed to your e-mail account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. 

Sections of this Agreement relating to (1) your payment obligations, (2) your account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement. 

12. General Terms. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Idaho, without reference to its rules regarding conflicts of law. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by IDAHOWIFI from its offices in the State of Idaho. IDAHOWIFI makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. This Agreement, including the IDAHOWIFI Terms of Acceptable Use, the IDAHOWIFI privacy policy, and any and all other online policies promulgated by IDAHOWIFI, constitutes the entire agreement between IDAHOWIFI and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. IDAHOWIFI MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ONLINE POLICY SUCH AS THE TERMS OF SERVICE); (B) REVISE ITS BILLING RATES AND OTHER FEES; AND (C) MODIFY THE SERVICE AT ANY TIME. IDAHOWIFI WILL POST ANY SUCH REVISION OR MODIFICATION TO THE SITE, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THIS AGREEMENT AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH TH E SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND TERMINATE YOUR ACCOUNT.

Miscellaneous 

This Agreement, the Privacy Policy and IDAHOWIFI's other Customer policies posted on IDAHOWIFI's Web site constitute the entire agreement between you and IDAHOWIFI with respect to your use of the Services. IDAHOWIFI may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner.

No use of images, text or content from this site may be used without prior written consent from the company.

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