Please read these “Terms of Service” (“Terms”, “Terms of Service”, “Terms and Conditions”, and Terms of Use”) carefully before using any services, equipment or any other items provided by “The Company”.

By using (Interstate Wireless Inc. d.b.a AZ AirNet/AZ AirFi will be referred to as “The Company”) “The Company” Internet Service, you agree to be bound by the following terms and conditions (“The Company” Terms of Service), which is a binding agreement between you and “The Company”.  You are of legal age to agree and be bound by this agreement.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF “THE COMPANY” SERVICE.  Continued use of “The Company” will be deemed to be agreement to the Terms of Service. 

Definitions:

Customer, You, Your, User, End User- means a person, a company, or legal entity who subscribes to or purchases any service, equipment, package, software, hardware or any other items provided by “The Company”.

Service- Any service, equipment or package provided by “The Company”.

Equipment- Any hardware, software, or device provided by “The Company”, for use by the Customer. “The Company”, IWI, Our, We, Us- Interstate Wireless, Inc. d.b.a AZ AirNet/AZ AirFi.

Scope of Agreement:

This agreement shall be governed, construed under, and enforced in accordance with, the laws of the Counties of Yavapai and Maricopa, the State of Arizona, the United States of America, and any local jurisdictions within.  If any provision of this agreement shall be held invalid or unenforceable, the validity and enforceability of the remaining provisions of this agreement shall not be affected therein.

“The Company” Responsibility:

“The Company” agrees to install and provide wireless internet service along with any equipment necessary for the service to the customer.  Some equipment will have to be purchased/leased by the customer for usage of the service (ex. A wireless router).  “The Company” agrees to maintain the equipment that is provided by us.  “The Company” will do the best to provide uninterrupted service.  However, the service may experience temporary slowdowns or interruptions caused by network overloads, abuse, radio interference, equipment modifications, upgrades, repairs, system maintenance, construction accidents, and disasters.  We cannot provide technical support for any equipment or service not provided by “The Company”.  “The Company” is not responsible for any customer owned equipment installed on or used on the service.  “The Company” retains the right to provide support or repair for any service or equipment that is not supplied by “The Company” if requested by the customer and may be subject to additional fees.  “The Company” is not liable for any support or repair of any service or equipment not supplied by “The Company”.  Every attempt is made by The Company to verify our ability to provide wireless internet service to your location, however if it is discovered that we cannot provide service to your location due to distance, hills, trees, obstructions, or any other cause, you will be refunded 100% of any payments that you have made, subject to this agreement.  “The Company” is not responsible or liable for any future obstructions that can cause service issues.  “The Company” has no other liability, if we are unable to provide service to your location.

Force Majeure:

Neither you or “The Company” is liable for any delay or failure in performance of any part of this agreement, caused by any, beyond your, or our, control, and without your, or our, fault or negligence.

These events include, but not limited to, the events known legally as “Force Majeure”, and may include the following: terrorism, nuclear accidents, floods, government regulations, riots, strikes, embargoes, lightning, storm damage, fires, explosions, electrical outages, etc.  If a Force Majeure situation occurs for more than 30 days, you have the choice of either cancelling your service, or after the emergency is over to continue service.

Equipment:

Equipment that is installed on or around Customer’s premises, remains the sole property of “The Company”.  Whether a current customer or not, the customer agrees to authorize “The Company” to remove any and all company equipment from the premises at any time without notice for violating the “Terms of Service” and/or financial negligence.  Customer will not modify, move, reprogram, dissemble, remove, disconnect, or paint the equipment without the written permission of “The Company”.  “The Company” retains the right to immediately terminate service for violation of this agreement.  If any of “The Company” equipment warranties are voided due to customers actions, the customer will be liable for the full replacement cost of the equipment.

Payments:

Until the online portal is enabled, the customer is required to provide adequate identification and payment to “The Company” for service.  When the online portal is enabled the customer is required to setup an on-line account and provide “The Company” either a credit card number, or debit bank agreement.  Applicable monthly service, and other charges will be deducted from this account.  You will be sent an invoice for any payments to “The Company” that are deducted on your account.  “The Company” reserves the right to modify rates, fees, and charges at any time, with a notice posted within 30 days before the rates take effect.  This notice may be in writing, may appear on-line or be sent to the email address you provided in our records.  You acknowledge that if you make any purchases from others over the internet while using the service, that those transactions are between you and that seller, and have nothing to do with your relationship with “The Company”.

Credits:

“The Company” is only liable for the maximum credit of one month of service to any and all customers.

Contracts:

All contracts will continually be renewed for the duration of 1 full year before the contract expiration date until cancellation and/or termination of service.  The only exception is the month-to-month contract which is not subject to continual renewal.

Cancellation:

Customer is liable for a $100 cancellation fee or monies due for the remainder of the initial contract; whichever is lesser, if the initial contract has not been fulfilled. Customer will provide “The Company” with 30 days prior written notice of cancellation.

Residential Service:

“The Company” service to a house or other single household dwelling; are permitted to use “The Company” service within your physical property or household, by means of either a network cable attached to a “Network switch”, or a connection to an attached “Wireless Router”.  Service can be used by other persons living within this single household dwelling.  Service is not to be “Shared” with any other neighbors, nor is the customer allowed to share access to their “Wireless Router” to others not within their household.  Please see section below on certain types of “Internet Usage”, to make sure you comply with Residential Service.  Buildings with multiple residences (apartments, condos, etc.) will be required to have separate service accounts for each residence.  Shared use of “Wireless Routers” will not be allowed.   “Sharing of service” outside of what is permitted under this section will be considered a “Theft of Service”, and service will be terminated.

Business Service:

“The Company” service to a single business, and service address.  You are permitted to use “The Company” service within your business property, by means of either a cable attached to a” Network Switch,” or a connection to an attached “Wireless Router.”    Service can be used by other person ONLY employed with your business and working at this business address.  Service is not to be “Shared” with any other businesses, residential dwellings, or Business’s Customers.  Business is NOT allowed to share access to their “Wireless Router” to any other persons outside their business.   “Sharing of Service” outside of what is permitted under this section will be considered a “Theft of Service”, and service will be terminated.  (Not applicable to Hotel/Motel, and Trailer park facilities which shall abide by special agreements-see Wi-Fi Hotspots below)

Wi-Fi Hotspots:

If you want to allow your customers access to the internet while shopping at your location, we will permit the use of a wireless router located on the business premises to be shared.  This service cannot be used outside the business property, and the business will take all necessary steps needed to ensure the service is not being used by those who are not customers or by others outside the business property.  Abuse of this section will be cause for termination of service.   Businesses that require “Wireless Wi-Fi” service to trailer courts, RV parks, arenas or other sites, should contact “The Company” for special contracts.  Wi-Fi Hotspot customers can purchase tokens thru the Wi-Fi Hotspot system based on the time length and speed packages the customer chooses to purchase.  Some of “The Company” Wi-Fi Hotspot tokens will allow access to other “The Company” Wi-Fi Hotspot locations with a valid token if a valid agreement exists and “The Company” has allowed this transfer to take place.  Not all Wi-Fi Hotspot locations will allow tokens to be transferred to other Wi-Fi Hotspot locations to provide access.  Wi-Fi Hotspot customers are bound by the same terms and conditions in accordance this agreement.  Wi-Fi Hotspot customers will not be allowed to share or transfer service of “The Company” token or other service agreement to another.  Allowing others access to the token, sharing or retransmitting service is prohibited and is subject to immediate termination.  “Sharing of Service” outside of what is permitted under this section will be considered a “Theft of Service”, and service will be terminated.  By purchasing a token, you the customer is solely responsible for any and all activity on your account.  By clicking accept of these Terms of Service on the Wi-Fi Hotspot homepage the customer is accepting any and all parts of this contractual agreement to be legally binding.  By using “The Company” Wi-Fi Hotspot service, the customer is accepting any and all parts of this contractual agreement to be legally binding.  All customers are subject to all the terms and conditions of this agreement in its entirety.  For more information on this please contact “The Company”.   

Wireless Home routers:

These units are permitted to be used on the “The Company” network and may either be rented from “The Company” or owned by the Customer.  If leased from “The Company”, we will provide installation and maintenance of the unit.  If owned by the customer, the customer agrees to be solely responsible for any and all updates, maintenance and any other configurations to ensure the integrity of their equipment is up to date to protect against vulnerabilities.  If owned by the customer, “The Company” can help configure the “Wireless Router” for the customer to use the service.  If “The Company” configures a customer owned “Wireless Router”, The Customer will still retain full responsibility for the integrity and maintenance of the device and agree to hold “The Company” harmless of any and all claims.  The Customer agrees that they will be solely responsible for anyone connecting and using the “Wireless Router” unit and will not allow sharing by un-authorized users.  “The Company” is NOT responsible for any radio Interference to or from a “Wireless Router” or other wireless devices on the customer premises.

Computer Equipment:

Customer is responsible for all their own computer equipment.  Other than what “The Company” may supply the customer on how to configure or program computer equipment or software to connect to “The Company” services, “The Company” is NOT responsible for supplying this equipment technical support.  The Customer is also responsible for the integrity and actions of their own computer equipment. 

Server computer equipment:

Server computer units are NOT allowed on the system, UNLESS, the Customer is being supplied Business Service.  If Customer is using an Internal Email Server, they will need to contact “The Company” to have email capabilities setup.

File sharing services:

File sharing services, like Bit Torrent, iTunes, etc. are considered to be providing “Servers,” on your computer, and require a Business Account service.  Use of these services on a Residential Account may trigger “throttling of speed” by “The Company” to preserve the integrity of our network.

Email sending block:

A majority of all Internet Service Providers block the outgoing use of the SMTP service port (port 25). This is to cut down on the sending of un-wanted Spam (which is against the approved usage on our system).  This will not affect the using of normal email, but will block those that are using internal email servers.  If you have a need to have this un-blocked, please contact “The Company”.

Personal Use Only:

You may use the network provided by “The Company”.  The user will use the Service only as permitted by applicable local, state, federal, international law or other legal authority with jurisdiction.  You must immediately notify us of any unauthorized use of the “The Company” or any other security breach.  We will give you an IP address each time you access “The Company” and it may change.  You may not use “The Company” for any other reason, including reselling any aspect of “The Company”.  Other examples of improper activities include, without limitation:

• Modifying, adapting, translating, or reverse engineering any portion of “The Company”.
• Using the Internet Service in any illegal way, including spam, pornography, copyright abuse, hacking, extortion, (downloading illegal movies) etc.
• Attempting to collect or maintain information about other users of “The Company” (including usernames/passwords/email addresses and any other personal identifying information) or other third parties for any purposes.
• Attempting to break security, access, tamper with or use any unauthorized areas of “The Company”.
• Attempting to circumvent or subvert system or network security measures is prohibited.
• Creating or running programs that are designed to identify security loopholes, to decrypt intentionally secured data, or to gain unauthorized access to any system is prohibited.
• Engaging in activities used to decode or otherwise obtain restricted passwords or access control information.
• Creating or transmitting unwanted electronic communications such as “spam,” or bulk commercial messages to other users otherwise interfering with other user’s enjoyment of the service.
• Engaging in any activity that is negligent, malicious, infringes on misappropriations of the intellectual property, publicity, privacy, or other propriety rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity.
• The running of programs, services, systems, processes, or servers by a single user or group of users that may substantially degrade network performance or accessibility will not be allowed.
• Forging the identity of a user or machine is prohibited.  Saturating network or computer resources to the exclusion of another’s use, for example, by overloading the network traffic with legitimate file downloads/backups or malicious activity is strictly prohibited.
• The user will not access web sites which contain material that is grossly offensive to us, including clear expressions of bigotry, racism, or hatred.  The user will not access web sites which contain material that defames, abuses, or threatens others.
• Users must respect the legal protection applied to programs, data, photographs, music, written documents and other material as provided by copyright, trademark, patent, licensure and other proprietary rights mechanisms.
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations including, but not limited to the U.S. Export Administration Regulations and Executive Orders.
• Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, drive encryption, defects, intrusions, Trojan horses, spoofing, hopping, infecting, brute force attacks, packet/segment/frame alterations and sniffing, sieging and/or holding hostage any personal data or other items of a destructive nature.
• Accessing illegally or without authorization computers, devices, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of “The Company” system or another.  This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity: or
• Using “The Company” for any unlawful, harassing, abusive, criminal or fraudulent purpose.  We have the right to monitor traffic and log connections for devices using our facilities, and to provide user information, or use records, and use other related information under certain circumstances (for example, CALEA, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).

CHANGES IN “THE COMPANY” TERMS OF SERVICE AND TERMINATION:

We may modify or terminate “The Company” and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice.

Please review “The Company” Terms of Service from time to time so that you will be apprised of any changes.  Upon any such termination, any and all rights granted by “The Company” to you shall be terminated.

Privacy Policy:

“The Company” Privacy Policy describes how we treat personal information when you use “The Company” services.  You understand and agree that “The Company” may access, preserve, and disclose your personal information if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of “The Company” or the public.

Your Responsibilities:

You understand that “The Company”, which utilizes hybrid fiber/wired/wireless technologies, is not inherently secure and that wireless communications can/May be intercepted by technology designed and intended for that purpose.  You are solely responsible for keeping your hardware and software (including operating systems and browsers) updated, and we strongly recommend that you employ ample security settings.  We will not be liable to you or any other party for any lack of security that may result from your use of “The Company”.  You agree that you are responsible for providing security measures that are suited for your intended use of “The Company”.  For example, you shall take full responsibility for taking adequate measures to safeguard your data from loss.  Users are solely responsible for the security of their own devices, loss, infringement, damage and injury.   Users are solely responsible for the integrity and maintenance of their own device software/hardware.  Also, other than the technology provided by “The Company”, you must provide all equipment, technology and software to use “The Company”. You acknowledge that you accept this agreement on behalf of yourself, your users, and ALL persons who use the equipment and/or service through the equipment.  You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement, and you personally, take the sole responsibility of their actions.  You acknowledge responsibility to notify “The Company” for any and all utility/service lines located in and around the areas of work.  “The Company” is not responsible for any damaged utility/service lines damaged.

LAWFUL USE:

THE SERVICE MAY ONLY BE USED FOR LAWFUL PURPOSES AND IN A MANNER WHICH WE BELIEVE TO BE CONSISTENT WITH THE RIGHTS OF OTHER USERS.  THE SERVICE SHALL NOT BE USED IN A MANNER WHICH WOULD VIOLATE ANY LAW OR INFRINGE ANY COPYRIGHT, TRADEMARK, TRADE SECRET, RIGHT OF PUBLICITY, PRIVACY RIGHT, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY.  THE SERVICE SHALL NOT BE USED FOR THE PURPOSE OF ACCESSING, TRANSMITTING, OR STORING MATERIAL WHICH IS CONSIDERED OBSCENE, LIBELOUS OR DEFAMATORY.  ILLEGAL ACTS MAY SUBJECT USERS TO PROSECUTION BY LOCAL, STATE, FEDERAL, INTERNATIONAL AUTHORITIES OR ANY OTHER LEGAL AUTHORITY WITH JURISDICITON.  WE MAY BRING LEGAL ACTION TO ENJOIN VIOLATIONS OF THIS POLICY AND/OR TO COLLECT DAMAGES, IF ANY, CAUSED BY VIOLATIONS.

DISCLAIMERS:

THE SERVICES AND PRODUCTS PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE THEREOF IS AT ITS OWN RISK.  “THE COMPANY” DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND INPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FORM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  “THE COMPANY” DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, GUARANTEED SPEED, OR SECURE.  IF THIS POLICY OR ANY TERMS OF THE SERVICE ARE UNACCEPTABLE OR BECOME UNACCEPTABLE TO THE USER, THE USER’S ONLY RIGHT SHALL BE TO TERMINATE HIS OR HER USE OF THE SERVICE.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES SHALL “THE COMPANY” OR ITS SUPPLIERS BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OF LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORSEEABLE.  IN NO EVENT SHALL “THE COMPANY” OR ITS SUPPLIERS’ CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF “THE COMPANY” IS INFORMED OF THE POSSIBILITY OF SUCH DAMGAES.  IN ADDITION, “THE COMPANY” AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR COSTS THAT CUSTOMER SUFFERS AS A RESULT OF: (I) ANY INTERRUPTION OR FAILURE OF THE SERVICES OR PRODUCTS; (II) THE DOWNLOADING/UPLOADING OR USE OF ANY INFORMATION, DATA OR MATERIALS OBTAINED VIA THE SERVICES OR FROM THE INTERNET; (III) ANY FAILURE TO COMPLETE A TRANSACTION ON THE INTERNET OR USING THE SERVICES OR ANY LOSS OF DATA DUE TO DELAYS, NON-DELIVERIES, MISDELIVERIES, INTERFERENCE, OR SERVICE INTERRUPTIONS; (IV) ANYTHING BEYOND THE REASONABLE CONTROL OF “THE COMPANY”, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION OR FAILURE OF A THIRD PARTY’S SERVICES, SOFTWARE, EQUIPMENT OR NETWORK; (V) ANY UNAUTHORIZED USE OR MODIFICATION OF SERVICES OR PRODUCTS OR COMBINATION OF SERVICES OR PRODUCTS WITH OTHER SERVICES, PRODUCTS OR EQUIPMENT; (VI) VIRUSES, WORMS, TROJAN HORSES, OR OTHER SERVICES, PRODUCTS OR SOFTWARE; OR (VII) THE ATTEMPT BY UNAUTHORIZED USERS (EX. HACKERS) TO OBTAIN ACCESS TO CUSTOMER’S DATA WEBSITE, COMPUTERS, DEVICES, OR NETWORKS.

Indemnity:

You agree to hold harmless and indemnify “The Company”, its suppliers, vendors and licensors from and against any third party claim arising from or in any way related to your use of “The Company” , including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, arbitration cost, litigation costs and attorney’s fees, of every kind and nature.  In such a case, “The Company” will provide you with written notice of such claim, suit or action.

Intellectual Property Policy:

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed on or through “The Company”, file a notice.  To file a notice of copyright notice with us, please send a written communication by regular mail to: “THE COMPANY” PO BOX 26819, TEMPE AZ 85285.  Provide information reasonably sufficient to permit “The Company” and any pertinent agencies to contact you.

Miscellaneous Provisions:

These “The Company” Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona and Federal law in accordance with the changes of Legal Authorities.  If for any reason a court of competent jurisdiction finds any provision or portion of “The Company” Terms of Service to be unenforceable, the remainder of “The Company” Terms of Service will continue in full force and effect.  This agreement, which embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. “The Company” may amend the terms and conditions of this agreement by giving you thirty (30) day notice. This notice may be in writing or may appear on-line or be sent to the email address you provided in our records.  Any waiver of any provision of “The Company” Terms of Service will be effective only if in writing and signed by “The Company”.