ACCEPTABLE USE POLICY
Effective August 1, 2015
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH [ Above All Wireless] FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY Above All Wireless AS SET FORTH BELOW.
Above All Wireless and its affiliates (collectively "Above All Wireless") have designed this Acceptable Use Policy ("AUP") governing Above All Wireless's services (the "Services") to ensure the integrity of its wireless broadband network and enhance the use of the Services for all of Above All Wireless's customers by designating standards for acceptable and unacceptable use. This AUP forms part of the agreement between Above All Wireless and you and is incorporated by reference into Above All Wireless 's Terms of Service (the "Terms of Service") found at AboveAllWireless.net; capitalized terms not defined in this AUP are defined in the Terms of Service. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM Above All Wireless (the "EQUIPMENT"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP.
Prohibited or Actionable Activities.
To preserve the ability of all of its customers to use Above All Wireless's network and the Internet without interference or harassment from other users, and as a condition of the Service, Above All Wireless prohibits you from engaging in the following activities:
Unlawful or Improper Use of the Service.
You may not use the Service in a manner that is unlawful, harmful to or interferes with use of Above All Wireless's network or systems, or the network of any other provider, damages, disables, or impairs any Above All Wireless property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy. The Service is intended for reasonable periodic, ordinary active use.
You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation. The Above All Wireless shall determine in its sole discretion whether you have violated the foregoing restriction.
You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. Above All Wireless considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
You may not use the Service to make fraudulent offers to sell or
buy products, items, or services or to advance any type of
financial scam such as "pyramid schemes", "Ponzi schemes", or
"chain letters." You may not use techniques to hide or obscure the
source of any e-mail or other communication.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, Above All Wireless monitors Internet ports that are considered to be security risks as determined by Above All Wireless in its sole discretion.
You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent.
Excessive Utilization of Network Resources.
Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network's resources. Above All Wireless, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to unreasonably disrupt or degrade the Above All Wireless network or network usage by others. Above All Wireless reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. When feasible, upon observation of an excessive use pattern, Above All Wireless will attempt to contact you by e-mail at the e-mail address on file or otherwise to alert you to your excessive use of bandwidth and to help determine the cause. Above All Wireless representatives also are available to explain the parameters of this AUP to help you avoid another excessive use incident or to upgrade you to a different class of Service that comports with your usage. If you are unavailable or do not respond to Above All Wireless's attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring, Above All Wireless reserves the right, set forth in the "AUP Enforcement and Notice" provisions below, to act immediately and without further notice to restrict, suspend or terminate your Service.
Use of Your Account by Others.
You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP, nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without Above All Wireless's prior written consent. You may not permit your network, through action or inaction, to be configured in a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
AUP Enforcement and Notice.
Customer's failure to observe the guidelines associated with this AUP may result in Above All Wireless taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, Above All Wireless may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. Above All Wireless representatives also are available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation.
Above All Wireless reserves the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose Above All Wireless to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of Above All Wireless's network or networks with which Above All Wireless is interconnected; (3) interfere with another Above All Wireless customer's use of the Service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to Above All Wireless or its customers. In the event of termination of your Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of Above All Wireless are cumulative and not exclusive of any rights or remedies that Above All Wireless may otherwise have at law or in equity. Waiver of any violation of this AUP by Above All Wireless shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Above All Wireless in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Above All Wireless has the right but not the obligation to monitor or restrict any uses of the Service that Above All Wireless reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.
Above All Wireless requests that any person who becomes aware of a violation of this AUP report the information to Above All Wireless at [email: AboveAllWireless@yahoo.com, and/or phone number: 405-268-1604]. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. Above All Wireless may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber's account; terminate the subscriber's account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Above All Wireless at [email AboveAllWireless@yahoo.com, and/or phone number 405-268-1604], Attn: Copyright Infringements. Note that inquiries relevant to the following procedure only will receive a response.
Revisions; Reservation of Rights.
Above All Wireless reserves all rights including the right to revise, amend, or modify this AUP or any other Above All Wireless policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the "Service Announcements" section of Above All Wireless's website: [AboveAllWireless.net] . Such amendments or modifications will become effective on the date we send them to you by email or announce them on our website, whichever is earlier; afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Above All Wireless within twenty (20) days of the effective date of the modification.
Above All Wireless Wireless Broadband Internet Service Agreement:
ALL RIGHTS RESERVED. The entire content of the website, including but not limited to design, graphics,
interfaces, code, and the selection and arrangement thereof, is
protected as the copyrights, trade dress, trademarks and other
intellectual property rights owned by Above All Satellite Systems, LLC and its
The Above All Wireless name and logo and other designated names, marks, and phrases are trademarks of Above All Wireless
The Information We Collect
The information Above All Wireless gathers generally falls into
four general categories: (1) personal, business, and demographic
information you supply that we use primarily for evaluating
applicants and conducting market research; (2) information you
supply when you register or initiate transactions; (3) tracking
information gathered as you navigate online; (4) information
required to enable your use of certain applications. Some of this
information identifies particular person, but much of it does not.
Third-party providers whose sites are featured on and accessed via
our site and third-party manufacturers of devices that can be used
by you on our network may gather information as well.
When you interact with [ Above All Wireless] when applying for Above All Wireless Service, for example, we may request some or all of the following information:
1. Contact information (e.g., name, address, telephone number, and e-mail address)
2. Credit card, debit card or check card and Above All Wireless account number
3. Driver's license
4. Company name (for corporate accounts)
5. Household characteristics (e.g., number of children and number of Internet users)
6. Technology employed (e.g., type of Internet access and specifications for your computer)
Why We Collect This Information
We need this information to process your application or service order and to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with Above All Wireless updates or to assist you with your wireless service and to inform you of new products or services that may be of interest to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize Above All Wireless pages, or register with Above All Wireless sites or services, a cookie helps Above All Wireless recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, preferred email address, and so on. When you return to [Company], the information you previously provided can be retrieved, so you can easily use the Above All Wireless features that you customized.
We use two kinds of cookies: (i) temporary or "session"-based cookies that contain certain information about a user's or visitor's use of our website at a particular time and (ii) "persistent" cookies that contain certain account-related information about a registered user's use of our website. Session-based cookies are automatically disabled or deleted when a user of, or visitor to, our website closes his or her browser software at the end of a session. Persistent cookies remain stored on a registered user's computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of our website and our services may not operate in the intended manner if you have disabled cookies.
California "Do Not Track" Disclosure
California law requires that operators of website and online services disclose how they respond to a Do Not Track signal and whether other third parties may collect personally identifiable information about an individual's online activities from their site or service.
Some browsers have incorporated "Do Not Track" features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, Above All Wireless does not currently respond to Do Not Track signals. For more information regarding Do Not Track mechanisms, see http://allaboutdnt.com/.
Information Collected by Third Parties
Disclosure of Information
We consider the personal information contained in our business records to be confidential. Above All Wireless will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using our services, except as described herein. However, we may sometimes disclose information about you to our business partners or to others who work for us, such as our vendors who assist us to provide our services to you. We may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Above All Wireless; (b) protect and defend the rights or property of Above All Wireless including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public.
As our business grows, we may buy or sell various assets. In the unlikely event that Above All Wireless, one of its business units, or substantially all of its assets are acquired by another company, information about our visitors would be among the transferred assets.
Above All Wireless is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access and which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us or by us over the Internet. We have implemented security practices that we believe to be reasonable in light of industry standards to ensure that your privacy is safeguarded at every level of our organization. Above All Wireless will continue to revise its security policies and implement additional security features as new technologies become available.
To make wireless communications possible, Above All Wireless's network knows the general location of your wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that our network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.
Your location information will only be used to provide the service(s) or carry out the transaction(s) you have requested or authorized. Above All Wireless does not and will not track your location, and any request you make to determine your location will not be paired by us with any information that identifies you personally.
The law permits us to disclose the call location of a device on our network without a user's consent (1) to a user's legal guardian or members of a user's immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, (3) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device's location on the network without delay, and (4) in "aggregate" form. Aggregate data is collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.
Above All Wireless and Kids
Above All Wireless takes care to protect the safety and privacy of young people using our services, and encourages you to participate in your child's experience in cyberspace. We do not sell products or services to kids. Also, federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. Out of an abundance of caution, we do not knowingly collect personally identifiable information from children and teenagers under the age of 18 and Above All Wireless does not wish to collect any such information.
You agree not to permit your child to use our services without your consent and you agree not to permit your child to provide us with information about him or her. Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, and phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers and disclosing personal information online.
Above All Wireless Spam Policy
Above All Wireless will deal with Spam complaints seriously and will close spammer's customer accounts. We may use customer information to investigate and prevent potentially unlawful activity that threatens the service or network integrity or otherwise violates the service agreement.
Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate.
Enforcement of this Privacy Statement
If you have questions regarding this statement, you should contact Above All Wireless.
TERMS OF SERVICE
Wireless Broadband Internet Service Effective [Xxxxx, x, 2015]
THIS WIRELESS BROADBAND INTERNET SERVICE AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND Above All Wireless ("Above All Wireless"). THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE". BY USING Above All Wireless'S WIRELESS BROADBAND INTERNET SERVICE (THE "INTERNET SERVICE"), ANY RELATED OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM Above All Wireless ("EQUIPMENT"), (THE INTERNET SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE "SERVICE"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT. ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY TO EQUIPMENT AND SERVICES PROVIDED TO YOU BY THE COMPANY, UNLESS OTHERWISE SPECIFIED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:
LIMITS AND DISCLAIMERS ON Above All Wireless'S LIABILITY AND WARRANTIES;
THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE;
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT; AND
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.
1. Agreement Governing Use of Service.
The current version of this Agreement (including the Service Plans) can be found at [URLAboveAllWireless.net]. Above All Wireless reserves all rights including the right to revise, amend, or modify this Agreement or any other Above All Wireless policy at any time, by sending you an email notification to the email address associated with your account. Such amendments or modifications will become effective on the date we send them to you by email if after receiving such email notice you continue to use the Service or Equipment. Such continued use will constitute your acceptance of any such amendments or modifications.
2. Term of the Service
Month to Month Subscriber - When you purchased a monthly subscription, you will be able to use the Service for any consecutive monthly period which has been paid in advance as described in your Order Confirmation. For example, if you purchased a month-to-month subscription and your billing cycle commences on the eighth day of a particular month, then you will be charged on the eighth day of the following month and each month thereafter until your Service is terminated.
3. Terms Applicable to Above All Wireless Service Accounts
Subject to applicable law, you expressly agree that all
applicable monthly subscription and/or other fees and charges will
accrue until this Agreement has terminated, the Services have been
disconnected, and all rented Equipment has been returned to Above
All Wireless. Monthly Service fees will not be pro-rated. Upon
termination or expiration of this Agreement for any reason, Above
All Wireless and its suppliers reserve the right, to the extent
permitted by applicable law, to delete any voicemails, data, files,
electronic messages or other information stored on Above All
Wireless's or its suppliers' servers or systems. Above All
Wireless, its affiliates and their agents and suppliers will have
no liability whatsoever as the result of the loss of any such data,
names or addresses or other information.
From time to time, Above All Wireless may reasonably require you to cooperate with and consent to remote and/or on-site (i) service level verification and/or (ii) troubleshooting by Above All Wireless. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service.
4. Payments and Invoices/Metered Billing.
You will make payments to Above All Wireless for the Service and Equipment using your credit, debit, or other acceptable bank card (the "Card") or through an electronic funds transfer ("EFT") that debits funds directly from a bank account that you designate. (Payment by EFT is not an option for Above All Wireless Service accounts at this time, and the terms set forth herein regarding payment by EFT shall have no effect until such time as Company begins to accept payment for Equipment and/or Services via EFT). You will ensure that the Card and/or EFT-related information you have provided to Above All Wireless is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination, late charges, re-activation fees and other fees and charges attributable to you as a result of your failure to timely pay your account balance(s). Fees and charges for Service are contained in the Order Confirmation and your invoice on "My Account". (My Account is Above All Wireless's web-based account tracking system that allows you to view your account status, pay invoices, and make other changes to your account profile at any time). As part of the order process, or whenever you update your Card information on file with us, Above All Wireless will pre-authorize one or more charges on your account with your Card. The charge will be related to the account activation and for the estimated amount of the first month's service + tax plus any fees for account setup, installation or other fees which are fully disclosed at the time of purchase. Thereafter, Above All Wireless may or may not send you a reminder to purchase another term of service on a monthly basis for the Service, the Equipment (as applicable), including any Optional Services (as applicable). Monthly charges will be automatically charged to your Card or debited via EFT from your e-check account on record in advance and as specified in any applicable recurring payment plan you enter with Above All Wireless. You expressly agree that Above All Wireless may charge your Card all amounts associated with your Above All Wireless account. You will pay Above All Wireless all outstanding balances when due.
5. Billing Disputes.
You must notify Above All Wireless in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any Above All Wireless charges on that statement or such dispute will be deemed waived. Above All Wireless will resolve all billing disputes in its sole discretion.
Please contact us at the following if you account is affected by the above:
6. Delinquency/Late Fees.
a. Accounts not paid in full by the due date are subject to suspension or termination by Above All Wireless. In addition, Above All Wireless may terminate your Service if your Card expires or the bank account is closed or suspended and you have not provided Above All Wireless with a valid replacement Card or EFT-related information. In the event of such suspension or termination by Above All Wireless, you will pay Above All Wireless any outstanding fees and all collection costs and fees, including reasonable attorneys' fees and late fees, incurred or charged by Above All Wireless. Above All Wireless may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay Above All Wireless all past due amounts and late payment fees plus a reasonable suspension charge per account to cover Above All Wireless's administrative costs associated with the termination and applicable taxes.
b. All delinquent charges and charges not honored by your Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s) or $5 per month (or portion of a month), whichever is greater. Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes you may have raised regarding your invoiced charges, provided however that any disputed charges which are resolved in your favor will not be assessed a late fee or have the late fee removed from the charges.
7. Availability of Service/Variation of Performance/Maintenance Outages.
You acknowledge that Service, may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. You agree to provide Above All Wireless with the correct address of your primary place of use, which will be used to determine whether adequate coverage is available. You further agree to promptly notify Above All Wireless of any changes in the primary Service address. In order to provide the best possible service to its customers, Above All Wireless must perform maintenance on its network. In some cases this may require Above All Wireless to conduct either a planned or unplanned interruption of the Service. Above All Wireless will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that Above All Wireless shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. Please see Section 11 (Credits) and Section 21 (Limitation of Liability) of this Agreement for further restrictions on Above All Wireless's liability for Service outages. Except as otherwise provided in this Agreement, no refunds or credits will be made for any Service outages.
8. Equipment Provided - Rent.
If you rent any Equipment from Above All Wireless, you must return all rented Equipment in good working order upon the termination or expiration of this Agreement or upon Above All Wireless's request. If you fail to return all rented Equipment in good working order, reasonable wear and tear excepted, within thirty (30) days after expiration of this Agreement or by the date otherwise specified or requested by Above All Wireless, you agree to pay Above All Wireless a "non-return" fee for such Equipment, which you acknowledge is a reasonable estimation of the repair or retail value of the Equipment. In addition, if you do not return the rented Equipment to Above All Wireless by the required date, you agree to continue paying Above All Wireless your monthly Service charges until you return the Equipment. You hereby irrevocably authorize Above All Wireless to charge such amounts (the cost of the Equipment and the monthly Broadband Internet Service charges) to any Card or bank account you provide or previously have provided to Above All Wireless for any purpose. You understand that this authorization to charge your Card or bank account for failing to return rented Equipment in good working order may not be revoked even if you revoke authorization to charge your Card or bank account for other purposes. Above All Wireless may replace, upgrade, repair, or otherwise modify any rented Equipment, and will repair or replace (in Above All Wireless's sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Service. You also acknowledge and agree that the modem you are purchasing/leasing may be refurbished equipment, and there shall be no offset, discount, or other reduction in purchase or rent price. You may not modify rented Equipment in any way or sell, encumber, or otherwise transfer the Equipment to others. This section, including all authorizations herein, will survive expiration or termination of this Agreement for any reason.
9. Equipment and Installation Warranty.
Above All Wireless warrants to you that the Equipment and its installation by Above All Wireless will be substantially free from material defects, under normal use in compliance with Above All Wireless's instructions, for a period of 90 days from the date you receive the Equipment or installation ("Limited Warranty"). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Above All Wireless's policies or other instructions provided by Above All Wireless, actual or attempted alteration of or additions to the Equipment not approved by Above All Wireless, or any other cause beyond the reasonable control of [Company Above All Wireless , all as determined by Above All Wireless (collectively, "Excluded Causes"). Repair or replacement, in Above All Wireless's discretion, of the Equipment and performance of the installation is Above All Wireless's only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment or the installation, as applicable. This Limited Warranty is personal to you, and will terminate immediately upon the sale or transfer of the Equipment or expiration or termination of this Agreement.
You may elect to use the troubleshooting guides and user information provided by Above All Wireless or available at: [AboveAllWireless.net] prior to contacting Above All Wireless Customer Service for assistance. In the event that you request a service call to your Service location and Above All Wireless determines that the problem is your responsibility, you authorize Above All Wireless to charge your Card or bank account or require you to otherwise pay for the cost of the service call.
No credit or adjustment will be made for interruptions or degradations of the Service except as provided for in this Section. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, a credit allowance will be made for an amount not to exceed the prorated monthly charges for your Service during the affected period provided that you request the credit in writing within thirty (30) days of the commencement of the interruption or degradation. The foregoing credit will be your sole and exclusive remedy for any interruption or degradation of the Service. No credit will be available if the interruption period results from any Excluded Causes set forth in Section 9 (Equipment and Installation Warranty) of this Agreement.
Please contact us at the following if you account is affected by the above:
12. Network Management.
You acknowledge that performance and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Above All Wireless reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Above All Wireless's Acceptable Use Policy, which may be amended from time to time.
Above All Wireless IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT THAT CAN BE ACCESSED VIA THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE SERVICES. Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Above All Wireless, its host network provider or any content providers or other third party. Neither Above All Wireless nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through the Service.
13. Acceptable Use Policy.
The Acceptable Use Policy is incorporated into this Agreement and is a part of the Agreement. Above All Wireless reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will forfeit any unused Service and will not be entitled to a refund.
15. Ownership; Software; No Licenses.
The Service and rented Equipment, and any firmware or software used to provide the Service that is embedded in any Equipment or used in connection with the Service (collectively "Software"); all Service information, documents and materials delivered to you by Above All Wireless or located on Above All Wireless's website (collectively "Information"); and all names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Above All Wireless are and will remain the sole property of Above All Wireless and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service in accordance with the Agreement.
The Software may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Above All Wireless or its host network provider. Software is licensed, not sold, to you by Above All Wireless and/or its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by us.
You are not permitted to use the Software in any manner not authorized by us or that is prohibited by any license applicable to the Software. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof.
16. Tampering with the Equipment.
You must not use with the Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Above All Wireless. In addition, you may not use with the Service any serviced, altered, modified, stolen, or tampered Equipment, or permit any other person (unless authorized in advance by Above All Wireless in writing) to do so. You agree not to make any modifications or alterations to Equipment without Above All Wireless's prior written approval.
17. Theft of the Service or Rented Equipment.
You must notify Above All Wireless immediately, in writing or by calling Above All Wireless Customer Service, if any rented Equipment is lost or stolen or if you become aware at any time that the Service is being stolen or fraudulently used.
19. Termination/Discontinuance of Service.
Above All Wireless may suspend or discontinue providing the Service generally, or terminate your Service, either in whole or in part, at any time in its sole discretion. If Above All Wireless discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of termination, including a pro-rated portion of the final month's charges.
Please contact us at the following if you account is affected by the above:
20. Disclaimer of Representations and Warranties.
THE ONLY WARRANTIES BEING MADE BY Above All Wireless WITH REGARD TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT. THE Above All Wireless PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY Above All Wireless EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY Above All Wireless PARTIES. Above All Wireless DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON [COMPANY'S Above All Wireless] BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
21. Limitation of Liability.
(A) IN NO EVENT SHALL ANY OF THE Above All Wireless PARTIES BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO Above All Wireless FOR THE APPLICABLE SERVICE OR EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE Above All Wireless'S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT Above All Wireless WAS INFORMED OF THE LIKELIHOOD OF
ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR
EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH Above All Wireless,
OR CLAIM AGAINST Above All Wireless, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL
BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE
AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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.
22. Complaint Resolution/Notices.
All complaints must be sent to Above All Wireless Customer Service at the address set forth at [URL: AboveAllWireless.net] or by calling 405-268-1604]. Above All Wireless may require you to describe the complaint in writing. Written notices to you from Above All Wireless will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Above All Wireless's files, or (iii) the date of delivery or rejection when sent by a nationally recognized courier. You are responsible for notifying Above All Wireless of any changes in your email and/or mailing address. Written notice to Above All Wireless will be effective when directed to Above All Wireless's Customer Service Department and received at the address set forth at [URLAboveAllWireless.net]. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by Above All Wireless, including account statements, account status, payment and billing information, and changes to terms of service, will be sent by Above All Wireless electronically to the last email address provided by you.
You will defend, indemnify, and hold harmless Above All Wireless and its affiliates, the agents and suppliers of each, and any of their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the "Above All Wireless Parties") against any and all claims, losses, damages, and liabilities arising from or in connection with the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with Above All Wireless's installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the Above All Wireless Parties and pay each Above All Wireless Party's reasonable attorneys' fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.
24. Assignment and Successors in Interest.
All of the provisions of this Agreement will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assigns. Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Above All Wireless. Any such assignment without consent will be void. The Company may assign this Agreement, in whole or in part, without your consent.
25. Entire Agreement/Severability.
This Agreement consists of these terms and conditions, the Order Confirmation, and your Service Plan (each as they may be amended from time to time) and represents the entire agreement and understanding of you and Above All Wireless regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and Above All Wireless, this Agreement will control, unless Above All Wireless has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties
26. Arbitration; Choice of Law; Statute of Limitations; Jury and Class Action Waiver.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO Above All Wireless UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. UNLESS YOU AND WE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND Above All Wireless WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU AND Above All Wireless AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT Above All Wireless FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF THIS SECTION 24 SHALL NOT BE AFFECTED.
Welcome to the Above All Wireless web site. This web site is a service of Above All Wireless and its affiliates ("Above All Wireless"). By using this web site, you agree to the terms of this visitor agreement ("Visitor Agreement"). You should read this Visitor Agreement carefully. If you don't accept the terms of this Visitor Agreement, please don't use the Above All Wireless web site. Each time you use this web site in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.
You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, aggregate, distribute or publish any information from this site for any other purpose without Above All Wireless's written permission. Above All Wireless may make changes to this site or to the services or products described in this site at any time, without notice.
You shall not use this web site in any way that, as determined by Above All Wireless in its sole discretion, violates any applicable law or any third party's property rights, or that restricts or inhibits any other user from using this web site. You shall not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws. The Above All Wireless shall determine in its sole discretion whether you have violated the foregoing restriction.
Any conduct, communication, or content that, in the sole discretion of Above All Wireless, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to Above All Wireless, or (iii) infringes any rights of Above All Wireless or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. Above All Wireless and its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this web site.
Purchase of Service
All purchases and use of services or products through the Above All Wireless web site are governed by our Above All Wireless Terms of Service, our Acceptable Use Policy, and other policies set forth on our web page. Please read them before making a purchase or any use. To learn more about Above All Wireless services and products, you can visit our web site.
No Guarantee of Reliability or Security
We try to provide accurate information through our web site, but
we do not guarantee, and are not responsible for, information you
find on our web site. Above All Wireless does not endorse any
particular third parties, or their sites, merely because we provide
a link to their web site.
Above All Wireless uses reasonable precautions to protect the privacy of your personal information, such as credit card and other ordering information, but Above All Wireless does not guaranty the security of your information. Above All Wireless utilizes a Secure Socket Layer ("SSL") connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to the Above All Wireless order processing system. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee that information you supply won't be intercepted while being transmitted to us or by us over the Internet. If your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling Above All Wireless at 405-268-1604. You must protect your username and password. Please log off before closing the browser window if you access your account from a public computer.
To obtain access to certain services through the Above All Wireless web site, you may be given an opportunity to register with Above All Wireless. As part of any such registration process, you will select a member name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. Above All Wireless reserves the right to reject or terminate any member name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Above All Wireless of any known or suspected unauthorized use of your account.
Ownership of Information
"Above All Wireless" and our logo are trademarks of Above All
Wireless and/or its affiliates. All other trademarks, product
names, and company names and logos appearing on this web site are
the property of their respective owners. You must obtain permission
from those owners before copying or using the owner's trademarks,
product names and company names and logos.
With the exception of website content provided by Above All Wireless, the information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained in this web site (collectively, the "Content") are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this web site is copyrighted as a collective work under the U.S. copyright laws, and LocaLoop, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of all content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Certain portions of this web site may allow you to post or upload comments, messages, materials, information, or other content (collectively, "User Generated Content"). Above All Wireless has no obligation to review User Generated Content posted and/or submitted by any persons accessing this web site. Above All Wireless is not in any manner responsible for User Generated Content, it does not guarantee the accuracy, integrity or quality of User Generated Content, and it cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this web site. You acknowledge that by providing you with the ability to access and view User Generated Content on this web site, Above All Wireless is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on this web site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Above All Wireless.
You acknowledge and agree that Above All Wireless has the absolute right, but not the obligation, to monitor User Generated Content posted to this web site in its sole discretion. In addition, Above All Wireless reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that Above All Wireless does not have any obligation to use or respond to any User Generated Content.
Your User Generated Content is not confidential or proprietary.
When you post User Generated Content to this web site, you
authorize Above All Wireless to make such copies thereof as it
deems necessary in order to facilitate the posting and storage of
the User Generated Content on this web site. You grant to Above All
Wireless a non-exclusive, irrevocable, worldwide, perpetual,
royalty-free right to use, reproduce, distribute, transmit, create
derivative works, publicly display any of your User Generated
Content in any manner or media now or later known, including but
not limited to the right to sublicense and assign and commercialize
the User Generated Content without any compensation due to you.
Above All Wireless does not assert any ownership over your User
Generated Content; rather, as between Above All Wireless and you,
subject to the rights granted to Above All Wireless in this Visitor
Agreement, you retain full ownership of all of your User Generated
Content and any intellectual property rights or other proprietary
rights associated with your User Generated Content.
You agree that you shall immediately notify Above All Wireless in writing of any objectionable content appearing on this web site. Above All Wireless will make good faith efforts to investigate allegations that any User Generated Content violates this Visitor Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content. Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk.
THE INFORMATION PROVIDED AT OR THROUGH THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER [Company] NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
This web site may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and outside of the direct control of Above All Wireless. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this web site. Although Above All Wireless employs security measures, Above All Wireless cannot guarantee the security of this web site or information provided through this web site, or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Above All Wireless.
Limitations on Above All Wireless Liability; Indemnification
NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR AGREEMENT, NEITHER [Company] NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.
These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, and apply whether or not Above All Wireless was informed of the likelihood of any particular type of damages. If you are dissatisfied with this web site, or if you have any other dispute with Above All Wireless relating to this web site, then your sole and exclusive remedy is to discontinue using this web site. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Above All Wireless shall be limited to the greatest extent permitted by law.
You will defend, indemnify, and hold harmless Above All Wireless against any and all claims, losses, damages, and liabilities arising from or in connection with the use or misuse of this web site.
This section of the Visitor Agreement shall survive its termination for any reason.
This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Minnesota. By using the Above All Wireless web site, you consent to the exclusive jurisdiction of the state and federal courts in Minnesota, in all disputes arising out of or relating to this Visitor Agreement and your use of the web site. Any cause of action or claim you believe you may have with respect to the web site or any Above All Wireless service or product obtained through the web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement.
We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this web site, shall suspend or terminate your obligations under this Visitor Agreement.
© 2015 Above All Wireless . All rights reserved.
COMPLIANCE STATEMENT AND DISCLOSURES FOR FCC "TRANSPARENCY RULE"
Above All Wireless (the "Company") provides this information in its good faith effort to comply with the disclosures required by the Federal Communications Commission ("FCC") revised "transparency" rules effective on June 11, 2018. With these disclosures we provide our subscribers with the information necessary for them to make informed choices about the purchase and use of the Company's wireless broadband Internet services (the "Company's Services").
For your information, our summary1 of the FCC Transparency Rule states as follows:
(a) Any person providing broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband Internet access services sufficient to enable subscribers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain Internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission.
(b) Broadband internet access service is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service.
(c) A network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
The Company reserves the right to update and modify these disclosures and our underlying policies, in a manner consistent with the FCC's directives, including, but not limited to, the Company's terms and conditions, network management practices and performance characteristics. To the extent such changes are made they will be reflected in the links provided below.
The rates, terms and conditions associated with the Company's Service, including by way of example only, early termination and/or additional network service fees, can be accessed via the following links:
Service Descriptions and Rates can be found here:
When changes are made to the rates, terms and conditions of the Company's Service, we will post them on our website using the links referenced above.
How to contact us:
If you believe that the Company's Service is not meeting the rates, terms and conditions applicable to what you have ordered, please feel free to contact us so that we can address your concern:
We strongly encourage you to contact us in order to discuss your concerns. If, based on those discussions, there is some remedial action necessary we can work together to implement it.
Network Management Practices
In offering the Company's Service, the Company recognizes that, at times, network issues will arise and, during those times, the Company will undertake actions that are appropriate and tailored to achieving a legitimate network management purpose. The Company notes specifically the following network management practices described in the following link:
Please note that each of the statements is subject to the Company's "permitted use" policy. These policies may also be bypassed or otherwise changed upon notification to us by lawful authorities via subpoena or court order. Such orders could mandate action specific to one or more subscriber(s) which requires us to take action not in compliance with the items below.
- Blocking. The Company does not block or otherwise prevent end user customer access to lawful content, applications, services, or non-harmful devices.
- Throttling. Except where network congestion may occur, the Company strives to avoid any degradation or impairment of access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. Where service congestion occurs, the Company Service's speed may be temporarily reduced. See "Congestion Management", below.
- Affiliated Prioritization. The Company does not engage in any practice that directly or indirectly favors any of its affiliates' traffic over other traffic.
- Paid Prioritization. The Company does not engage in any practice that directly or indirectly favors some traffic over other traffic in exchange for consideration, monetary or otherwise from the sources of that traffic. However, our subscribers can choose to pay for higher nominal data rate plans as described in our Services description which facilitate the network's handling of real time data subject to the availability of network capacity.
- Congestion Management. Due to the nature of wireless services, service congestion may occur during peak hours. The network itself will minimize the impact on all subscribers through its built-in congestion controls which impact all subscribers on a non-discriminatory basis. In layman's terms, when things get busy, everyone has to get in line and is treated equally; there are no 'express lanes' for some subscribers and not others. The Company's congestion management policies are described in its Network Management Policy available in the FAQ.
- Application-Specific Behavior.The Company does
a. block or rate-control specific protocols or protocol ports;
b. modify protocol fields in ways not prescribed by the protocol standard; or,
c. otherwise inhibit or favor certain applications or classes of applications.
- Device Attachment Rules. Provided that an attachment does not cause network harm, including but not limited to interference with the Company's network security measures, the Company does not restrict the types of devices that its subscribers may use and attach to the Company's network nor does it have any approval procedures for devices to connect to the Company's network. Notwithstanding the above, the Company may choose to sell certain types and brands of ancillary equipment, for example residential wireless routers, to its subscribers as a convenience. Those devices, through the technology built into the device, may allow for more efficient and effective services within the home, but otherwise provide the same function as other devices available on the open market.
- Security. We monitor the operability and security of our network. Subscribers are encouraged to be responsible and seek out ways to protect their own home and business networks. Such measures include, but are not limited to, firewalls within a wireless router, securing Wi-Fi connections against unauthorized use, PC virus protection, etc. If a subscriber is unlawfully compromising the integrity of our network, they will be notified and directed to discontinue such practices at once or face immediate disconnection. We are happy to work with end-users on legitimate special applications or other functions that require us to create specific policies which enhance our normal security measures.
- Service Description. The descriptions of the Company's
Services, including (1) the service technology; (2) expected and
actual access speed and latency; and (3) the suitability of the
service for real-time applications, can be accessed via the
- Services for general information and
- FAQ for specific information under the "Coverage and Equipment" tab.
- Impact of Non-Broadband Internet Access Service Data Services.
- The Company's Service offering does not currently include any non-broadband Internet access service data services.
1 The full text of the FCC Rules can
be found in Federal
Register / Vol. 83, No. 36 / Thursday, February 22,