MAX WiFi TERMS OF SERVICE
These Max WiFi Terms of Service (“Terms of Service”) govern your access to and use of the Internet services, any information or data (including, information or data generated or otherwise provided by Max WiFi or its partners through the Service or related services, or otherwise available through the Site that are not Submissions (as defined below), text, software, scripts, graphics, photos, documents and interactive features (the “Content”), and the Max WiFi software and other services associated with the DNS, (taken together, the “Service”).
BY ACCESSING OR USING ANY OF THE SITE OR THE SERVICE YOU (AS THE “CUSTOMER”) AGREE THAT CUSTOMER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS TERMS OF SERVICE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE.
Max WiFi’s ACCEPTANCE IS EXPRESSLY CONDITIONED UPON CUSTOMER’S ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY Max WiFi, CUSTOMER’S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
These Terms of Service are effective as of the date Customer first uses the Site or the Service or date Customer clicks the “I Accept” button (whichever is earliest) (the “Effective Date”). If you are an individual accepting on behalf of an entity Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind Customer, please do not use the Service and do not click the “I Accept” button (if any).
The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If Customer does not so qualify, do not attempt to use the Service. Max WiFi may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
B. Modification of Terms of Service.
Max WiFi reserves the right, at its sole discretion, to modify or replace any of these Terms of Service at any time. Max WiFi will notify Customer of material changes to the Terms of Service by taking at least one of the following actions
(1)making notice on the Site
(2) through the Max WiFi website (http://www.MaxWiFi.co.uk/)
(3) alerting the Customer via the splash screen.
Customer’s continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
C. New Features.
Max WiFi may, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service. Customer’s continued use of the Service after the introduction of new features and/or services constitutes Customer’s acceptance of the Terms of Service.
D. Specific Services
E. Restrictions on Use
The Site and the Service and any Content made available on or through the Service is provided only for Customer’s own personal use or Customer’s internal business use except as otherwise expressly provided in this paragraph. If Customer desires to make any other commercial use of the Site or the Service, including but not limited to customising, selling or distributing the Service (whether as a stand-alone service or bundled with Customer’s services) for consideration of any kind or for no consideration, Customer must first obtain Max WiFi’ specific written approval in advance and/or enter into a written agreement with Max WiFi. The Service is intended for use described above only and may not be used in connection except those that are specifically endorsed or approved by Max WiFi in writing.
Unless Max WiFi’ specifically agrees in writing, Customer will not, and will use commercially reasonable efforts to make sure a third party does not (a) make any commercial use of the Site, Content or the Service, including but not limited to customizing, selling, reselling, distributing or the functional equivalent, the Service (whether as a stand-alone service or bundled with Customer’s services) for consideration of any kind or for no consideration; (b) distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way; (c) directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); (d) copy, rent, lease, distribute, or otherwise transfer any or the rights that Customer receives hereunder; (e) remove any proprietary notices or labels; (f) use any robot, spider, scraper or other automated means to access the Site or the Service for any purpose without Max WiFi’s express written permission; (g) interfere or attempt to interfere with the proper working of the Site or the Service or any activities conducted on the Site or the Service; (h) bypass any measures Max WiFi may use to prevent or restrict access to the Site or the Service.
Any unauthorized use of the Site or the Service is expressly prohibited. Customer will not use the Site or the Service for any purpose that is unlawful or prohibited by these Terms of Service and agrees to abide by all applicable local, state, national and international laws and regulations.
F. Rules and Conduct
Customer promises not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service. Customer agrees to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, Customer agrees not to (or permit others to) :
(a) take any action or
(b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Customer submissions (“Submissions”) such as, without limitation, postings to the Max WiFi Community, comments, text, communications, software, images, sounds, data or other materials or information) using any communications service or other service available on or through the Service, that:
Max WiFi may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions).
Customer may not harvest or collect information, including, without limitation, screen names, about other members or users of the Site or the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Service; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
Max WiFi may, at its sole discretion, immediately terminate Customer’s access to the Site and/or the Service should Customer’s conduct fail to conform strictly and terms or conditions of these Terms of Service, including, without limitation, with any provision of this section.
G. Content and Submissions.
Max WiFi Content Generally.
Customer agrees that the Service contains Content specifically provided by Max WiFi or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by Max WiFi in writing, Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. Max WiFi has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms of Service is prohibited. Any rights not expressly granted herein
A. Electronic Communications
By using the Site, Customer consents to receiving electronic communications from Max WiFi. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of Customer’s relationship with Max WiFi and Customer receives them as part of Customer’s subscription to the Site and/or Service. Customer agrees that any notices, agreements, disclosures or other communications that we send Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
B. Term and Termination.
a. Free Account Holders
If Customer has not purchased a paid subscription to the Service, Max WiFi may terminate Customer’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Customer wishes to terminate these Terms of Service or Customer’s Max WiFi account (if Customer has one), Customer may simply discontinue using the Service.
C. No Warranties.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Max WiFi, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICE IS SOLELY AT CUSTOMER’S OWN RISK. NEITHER Max WiFi NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.
D. Limitation of Liability.
IN NO EVENT SHALL Max WiFi, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER’S USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE.
a. All Max WiFi Service Subscribers
Customer, at its expense, shall indemnify, defend and hold harmless Max WiFi, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from Customer’s (i) use or misuse of the Service that is in violation of the Terms of Service or violates applicable law; (ii) access to the Site, use of the Service, Submissions, in violation of the Terms of Service; or, (iii) the infringement by Customer, or any third party using Customer’s account, of any intellectual property or other right of any person or entity. Max WiFi reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with Max WiFi in asserting any available defences.
K. Integration and Severability
These Terms of Service are the entire agreement between the Customer and Max WiFi with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and Max WiFi with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
These Terms of Service and the Customer’s use of the Service contemplated hereunder are personal to Customer, and are not assignable, transferable or sublicensable by Customer except with Max WiFi’ prior written consent. Max WiFi may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
M. Copyright and Trademark Notices.
Unless otherwise indicated, all Content provided by Max WiFi is copyright ©2006-2011 Max WiFi Incorporated. All rights reserved.
Max WiFi is either trademarks or registered trademarks of Max WiFi Incorporated. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
N. Digital Millennium Copyright Act Notice.
Max WiFi has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Max WiFi’ Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this policy.
It is Max WiFi’ policy to (1) block access to or remove Submissions and content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the Service to repeat offenders.
a. Procedure for Reporting Copyright Infringements:
If Customer believes that Submissions or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
. Identification of works or materials being infringed;
. Identification of the Submissions or content that is claimed to be infringing including information regarding the location of the Submissions or content that the copyright owner seeks to have removed, with sufficient detail so that Max WiFi is capable of finding and verifying its existence;
. Contact information about the notifier including address, telephone number and, if available, e-mail address;
. A statement that the notifier has a good faith belief that the Submissions or content is not authorized by the copyright owner, its agent, or the law; and
. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
b. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Max WiFi’ policy:
. to remove or disable access to the infringing Submissions or content;
. to notify the Submissions or content provider, member or user that it has removed or disabled access to the Submissions or content; and
. that repeat offenders will have the infringing Submissions or content removed from the system and that Max WiFi will terminate such content provider’s, member’s or user’s access to the Service.
c. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Submissions or content provider, member or user believes that the Submissions or content that was removed or to which access was disabled is either not infringing, or the Submissions or content provider, member or user believes that it has the right to post and use such Submissions or content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
. A physical or electronic signature of the Submissions or content provider, member or user;
. Identification of the Submissions or content that has been removed or to which access has been disabled and the location at which the Submissions or content appeared before it was removed or disabled;
. A statement that the Submissions or content provider, member or user has a good faith belief that the Submissions or content was removed or disabled as a result of mistake or a misidentification of the Submissions or content; and
. Submissions or content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Submissions or content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Max WiFi is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Max WiFi’ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Submissions or content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Submissions or content provider, member or user, the removed Submissions or content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Max WiFi’ discretion.
Please contact Max WiFi’ Designated Agent to Receive Notification of Claimed Infringement at the following address:
Max WiFi’s full contact information, including location, may be found on our Contact page at http://www.Max WiFi.co.uk/contact-us