Pipeline Internet LLC
Terms of Use of Internet
TERMS, CONDITIONS AND NOTICES
AGREEMENT BETWEEN CUSTOMER AND PIPELINE INTERNET LLC ("Pipeline") AND THE INSTALLED PROPERTY ("Property"). All references herein to "we", "us" or to "Pipeline" shall mean Pipeline and the Property collectively. All references herein to "you", "your" or "customer" shall mean the Customer.
The Service ("Service") consists of providing a wireless or high speed internet connection to authorized users as customers of PROPERTY.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES. BY USING THE SERVICES, YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree to the terms of the Agreement, do not use the Service. Your electronic acceptance on our web site or your use of the Service constitutes acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.
We may modify this Agreement and/or the Services at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the site. Your use of the Services following such notice shall be deemed your acceptance of such changes. You agree to review the Agreement periodically and/or prior to each use of the Services to be aware of such modifications and your continued use of the Services shall be deemed your conclusive acceptance of the modified Agreement. If we request, you irrevocable agree to sign a non-electronic version of this Agreement.
By using this internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that the property and/or provider of this network is NOT liable for any interruptions in service, interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.
SECURITY OF YOUR ACCESS AND USE
Due to the nature of wireless LAN and High Speed Internet Access networks, control of physical access to the network cannot be ensured. In the case of wireless networks, unlike a wired network where a physical connection is required, anyone within range of a wireless access point can conceivably send and receive frames as well as listen for other frames being sent, making eavesdropping and remote sniffing of wireless LAN frames very easy. In addition, under certain circumstances, third parties could access your computer without your permission while it is connected to the network.
By using our Internet services, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses or other programs that can corrupt or damage your computer
ACCORDINGLY, YOU AGREE THAT PIPELINE IS NOT LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, COMPUTER WORMS OR VIRUSES, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO YOUR COMPUTER OR OTHERS THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF INFORMATION OR MATERIALS THROUGH THE INTERNET SERVICE PROVIDED.
SERVICE AVAILABILITY
A laptop or desktop computer collectively "Unit" is required to enable to the Service to operate. You must ensure your Unit is compatible with the Service. Availability and performance of the Service is subject to all memory, storage and other limitations of the Unit. Actual service coverage, speeds, locations and quality may vary from Property to Property. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Pipeline is not responsible for data messages or pages lost, not delivered, delayed or misdirected because of performance issues with the Service or communications services or networks. Pipeline may suspend Service or block certain kinds of usage in our discretion to protect users or our business. Network speed is estimated only and is no indication of the speed at which your Unit or the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Service is for your personal, noncommercial use and enjoyment. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site.
You have no proprietary rights to a specific IP or other address, log-in name, or password you use on our network. We may change your address, log-in name, or password at any time. You agree not to use or attempt to use the Service or website for any fraudulent, unlawful or harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, customers, or to any person. Improper uses include, but are not limited to: a. violating any applicable law or regulation; b. Posting or transmitting content you do not have the right to post or transmit; c. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; d. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; e. Attempting to intercept, collect or store data about third parties without their knowledge or consent; f. Deleting, tampering with or revising any material posted by any other person or entity; g. Accessing, tampering with or using non-public areas of the Service, website, or network; h. attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures; i. Attempting to access the Service, network or website with any engine, software, tool, agent, device or mechanism other than the search agents provided by us or other generally available third-party browser; j. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail", or "junk mail"; k. Using or attempting to use the Service or any Pipeline website to send altered, deceptive or false source-identifying information; l. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any website; m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Pipeline website, overloading, "flooding", "spamming", "crashing", or "mail bombing" the Service or any Pipeline website; or n. Impersonating or misrepresenting your affiliation with any person or entity.
If we suspect violation of the above, we may: a) institute legal action, b) immediately, without prior notice to you terminate the Agreement and the Service, c) cooperate with law enforcement authorities in bringing legal proceedings against violators; and d) take all such other actions as permissible pursuant to applicable law. You agree to reasonably cooperate with us in investigating suspected violations.
CONTENT DISCLAIMER: CAUTIONS AND RESTRICTIONS
We do not control, nor are we responsible or liable for, data, content, service or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions, or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third-party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to a third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your Unit or otherwise enable any software, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
PRIVACY AND SECURITY
Direct hard-wired rooms and other areas, and wireless systems use radio channels to transmit voice and data communications over a complex network, therefore privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service.
In compliance with the Communication Assistance for Law Enforcement Act of 1994 (CALEA), we have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide account or use records, and related information to Law Enforcement Agencies under certain circumstances, such as in response to lawful process, orders, subpoenas, warrants, or to protect our rights, users or property.
You acknowledge that the Service is not inherently secure and that communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service or your Unit. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but are not responsible to provide these to customers and are not responsible for their effectiveness. You agree to immediately notify us of any unauthorized use of your account or other security breach. If you are roaming on another network, we cannot guarantee the security of such network, the privacy of your data or the ability of your solution to work on such network. You are strongly encouraged to review the user policies applicable to any such roaming network, including those related to security and privacy, before commencing a roaming session.
DIGITAL MILLENIUM COPYRIGHT ACT
In operating the Service, we may act as a "services provider" (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content. Our designated agent (the proper party for notice) to whom you should address infringement notices under the DMCA is at contactus@pipelineinternet.com.
LIABILITY DISCLAIMER
THESE SERVICES AND THE MATERIALS FOUND ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. PIPELINE FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ACCESSIBLE HEREBY OR CONTAINED WITHIN THE MATERIALS, OR SECURITY OF THE ACCESS OR SERVICE. PIPELINE DOES NOT AUTHORIZE ANYONE (INCLUDING ANY PROPERTY) TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR AGENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. PIPELINE MAY MAKE CHANGES TO THE SERVICE, MATERIALS, OR THE PROGRAMS, POLICIES OR OTHER INFORMATION DESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. PIPELINE INTERNET MAKES NO COMMITMENT TO UPDATE THE MATERIALS, MAINTAIN THE SERVICE, OR ITS QUALITY.
We shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control. EVEN IF PIPELINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY UNIT, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR 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, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES OR DATA 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.
INDEMNIFICATION
You agree to defend, indemnify and hold us, and any underlying carrier or network provider, harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or your violation of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
ASSIGNMENT
Pipeline may assign in whole or in part our rights or duties under the Agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder. Subject to this restriction, the Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties.
LINKS TO THIRD-PARTY SITES
Web sites may contain hyperlinks to Web sites operated by parties other than Pipeline. Such hyperlinks are provided for your reference only. Pipeline does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
SEVERABILITY
All terms and provisions stated herein are independent of each other. If any term or provision is held to be inapplicable or unenforceable, then: (a) such term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect, (b) the Agreement will not fail its essential purpose and (c) the balance of the terms and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired, in which event we reserve the right to terminate the Agreement.
GENERAL
Any claim relating to this Agreement, the Materials, or the Service shall by governed by the laws of the State of California, United States of America, exclusive of the choice of law rules thereof. Any action to enforce this Agreement shall be brought solely and exclusively with the Federal and state courts located in Santa Clara County, California. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Pipeline in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pipeline as a result of this Agreement or use of the Service.
All contents of this Web site are subject to: Copyright (c). Pipeline Internet LLC, San Jose, California, U.S.A. All rights reserved.
USE OF THE SERVICE AND ACCESS TO THE WEB SITE
The Service is provided solely for you to make legitimate, personal use of the internet and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Service in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use (as well as for authorized use of your account by others). You agree to supervise all usage by minors of this Service site under your name or account. You also warrant that all information supplied by you in using this Service is true and accurate.
You agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Service or accessing any Web site by way of the Service.