True 802 Wireless Terms & Conditions

Customer Agreement

Read This Customer Agreement Carefully Before Using Our Wireless Internet Services.

The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and TRUE 802 Wireless, Inc. ("TRUE802™"). TRUE802™ provides its wireless Internet access services, as they may exist from time to time ("Services"), to Customers who establish an account with TRUE802™. By establishing an account or using any software provided, developed, licensed or owned by TRUE802™ (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other TRUE802™ policies posted on our Web site.

Subscription Requirements

Customers must be at least 18 years old. TRUE802™ transmitter locations may not be available in all areas. Current prices for TRUE802™'s Services are posted on our web site at http://www.TRUE802.ca. TRUE802™ reserves the right to change prices and institute new fees at any time.

Customer Premises

Customer authorizes TRUE802™ and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair or remove the Equipment whether Equipment is owned by TRUE802™ or Customer. TRUE802™ will conduct these services at a time mutually agreeable to both of us.

Relocating Equipment

Customer agrees not to make any changes of the fixed radio equipment within the Customer premises if owned by TRUE802™. If equipment is TRUE802™ owned, Customer agrees not to relocate the equipment. TRUE802™ will relocate the equipment for you within your premises or to another premise within a TRUE802™ serviced area. Additional charges will apply.

Payment Obligations Of A Customer

Customer must (1) provide TRUE802™ with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to TRUE802™ all changes to this information within 30 days of the change. Customer is responsible for any charges to their account.

Charges are billed to Customers' credit cards or debit card each month for the applicable service plan and any additional usage or services. TRUE802™ is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TRUE802™.

Warranty

Equipment Abuse

a. All Equipment, including Equipment that you have purchased and paid for in full, will at all times remain the property of TRUE802 Wireless, Inc. and may be used only with TRUE802 Wireless, Inc. Service(s) and shall not be transferable. You may not mortgage, sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. You agree to take all steps reasonably required in order to protect our Equipment from trespass or damage and to prohibit any of your agents, contractors and representatives from accessing such Equipment without our prior approval. You also agree to pay for the full retail cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs we incur in obtaining or attempting to obtain possession of any such Equipment, up to a maximum of $1000 plus applicable taxes. You authorize us to charge your Visa, MasterCard, other credit card or other authorized payment method for any outstanding charges due to us in respect of the Service(s). You agree to promptly notify us of any changes to your credit card account, billing address or any other information that may prohibit us from charging your account.

b. Your Hardware and Software.
Should the hardware of your computer(s) be damaged as a result of our Wireless Radio(s) being struck by lighting or any other acts of God, we will not be held liable for any damage of any kind or loss or destruction of any software, files or data.
You may not bring any claim, suit or proceeding(s) against us of any kind due to these uncontrollable events.

c. Ownership of Addresses.
We own all addresses provided to you, including, but not limited to IP addresses, e-mail addresses and personal web page addresses, as applicable. We may modify, change or remove such addresses at any point in time and will in no way be required to compensate you for such changes. You are permitted to use (but not register with any organization) only those IP addresses we have provided you.

  Customer's Account, Password And Security

Upon registration, Customer will receive a username and password. You are the only authorized Customer of your TRUE802™ account, except if expressly specified otherwise in your service plan, and Customer must comply with this Agreement. Customer shall keep the username and password confidential so that no one else may access the Services through Customer account. Please notify TRUE802™.

Usernames and passwords are TRUE802™s property and TRUE802™ may alter or replace them at any time.

Monitoring The Services

TRUE802™ has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if TRUE802™, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers.

Disclaimer Of Warranties And Limitation Of Liability


EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY TRUE802™, TRUE802™ DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. TRUE802™ HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUE802™ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUE802™ AND ITS EMPLOYEES OR CONTRACTORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, TRUE802™'S CUMULATIVE LIABILITY SHALL BE THE PARTICULER 30-DAY MONTHLY ACCESS FEE APPLICABLE TO ANY PARTICULAR ALLEGED CLAIM OR INCIDENT.

TRUE802™ WARRANTS THE INSTALLATION AT THE CUSTOMER LOCATION FOR 6 MONTHS BEGINNING IN THE DATE OF INSTALLATION. DURING THAT PERIOD, TRUE802™ WILL REPLACE ANY COMPONENT RELATED TO THE SERVICE BEING PROVIDED WHICH MAY INCLUDE ANTENNAS, CABLE OR DEVICE RELATING TO THE SERVICE IF THE EQUIPMENT IS OWNED BY TRUE802™.

Web Site Usage

Our Web site on the World Wide Web at the domain " http:// www.TRUE802.ca" or any other site operated by TRUE802™ is a complimentary information service offered by TRUE802™. We may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by TRUE802™ of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Acceptable Use Policy need to read carefully


Customer of the Services and users of this Web site agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject TRUE802™ to liability or may violate this AUP. TRUE802™ may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or TRUE802™ account or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Services to:

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(2) harm, or attempt to harm, minors in any way;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

(7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(11) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;

(12) resell the Services without TRUE802™'s authorization;

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

TRUE802™ requests that anyone who believes that there is a violation of this AUP direct the information to: info@TRUE802.ca . If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

TRUE802™ may take any one or more of the following actions, or other actions not listed, at TRUE802™'s sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the Customer's account; (3) terminate the Customer's account; (4) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Term Of Agreement

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

Termination

Customer may terminate its account at any time and for any reason by providing notice of intent to terminate to TRUE802™ at least 5 business days prior to the end of its billing cycle. Customer termination will only be complete upon its receipt of a cancellation confirmation from TRUE802™. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of its account will be effective at the end of its then current billing cycle. If a termination notice is received less than 5 business days prior to the end of its current billing cycle, charges to its account may continue until the end of the following billing cycle.

Without prior notice, TRUE802™ may terminate this Agreement, Customer password, its account or its use of the Services, for any reason, including, without limitation, if TRUE802™, in its sole discretion, believes it has violated this Agreement or any of the applicable Customer policies, or if it fails to pay any charges when due. TRUE802™ may provide termination notice to Customer by: email addressed to its email account or by Mail or courier service to the address Customer provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

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

Assignment

Customer may not assign his/her rights under this Agreement without TRUE802™ 's prior written consent.

Mandatory Arbitration

Any dispute or claim between Customer and TRUE802™ arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by an arbitration organization of TRUE802™’s choosing. The arbitration shall take place in Sudbury, ON, Canada and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its conflicts of law provisions. Customer consent to the personal jurisdiction of the federal and Provincial courts having jurisdiction Ontario, Canada with respect to all disputes arising out of this Agreement, its use of the Services or otherwise between Customer and TRUE802™. Any cause of action you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Miscellaneous

This Agreement, the Privacy Policy and TRUE802™'s other Customer policies posted on TRUE802™'s Web site constitute the entire agreement between Customer and TRUE802™ with respect to Customer use of the Services. TRUE802™ may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner. TRUE802™'s failure at any time to require strict performance by Customer or any other licensees of any of the provisions herein shall not waive or reduce TRUE802™'s right to thereafter require strict compliance with any provisions of this Agreement.