walkwire - Terms of Use

The terms and conditions of the Terms of Use will govern the relationship between you ('Customer', 'you') and Walkwire, LLC ('Walkwire', 'we'). Walkwire provides wired Internet and wireless Internet access services ('Services'), to Customers at hotels, cafes and retail locations ('Location'). By using Walkwire's Services or its website, you agree to be bound by the Terms of Use and to use our Services accordingly as outlined below.

Payments

You may pay for the Service by purchasing a Prepaid Internet Card ('Card') from a Walkwire Location. Such Cards can only be used in the Location where the Card was purchased. Cards have no cash value and they are non-refundable. Walkwire cannot assume any responsibility if you forget to 'Sign Out' of the Service.

You may also pay for the Service by using your valid American Express, Visa or MasterCard credit card. You are responsible for any charges to your account. When using a credit card there is a minimum credit card fee, which is displayed at the Location and upon starting your Internet session. After the initial minimum session length (which is included in the minimum charge), you will be charged a per minute fee, which will be billed to your account. All credit card charges will be considered valid unless disputed by calling Walkwire, or in writing within 60 days of the billing date. We cannot make any adjustments for charges that are older than 60 days.

Please call Walkwire at 800-615-9255, or email us at info@walkwire.com if you have any billing inquiries.

Wireless Service

To access the wireless Service, you will need appropriate communications equipment. You will be solely responsible for obtaining and maintaining this equipment necessary to access and use the Service, including wireless or standard network cards, computer hardware and software, and for ensuring that such equipment is compatible with Walkwire's requirements. Please check with the Location to ensure that wireless Service is offered.

When you sign up for the Walkwire wireless Service, you will pick a User Name and Password in order to complete the registration process. You are responsible for maintaining the confidentiality of your User Name and Password, and are fully responsible for all activities that occur under your User Name and/or Password. You agree to (a) immediately notify Walkwire of any unauthorized use of your User Name and/or Password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Please Note: Customers are responsible for terminating each billing session either by closing all of their Internet applications, or by clicking "Sign Out" in the Sign Out window. Walkwire cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may not register twice or use more than one User Name and one Password when you access or use the Service. Sharing your User Name and/or Password with anyone else is a violation of this Agreement, and if at any time Walkwire learns that you have given others access to your User Name and/or Password, Walkwire reserves the right to terminate your access to the Service immediately. Usernames and Passwords are Walkwire's property and Walkwire may alter or replace them at any time. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. You acknowledge that Walkwire reserves the right to log off accounts that are inactive for an extended period of time, and to suspend or terminate its wireless service at any time.

Walkwire respects the privacy of its Customers and will do everything possible to ensure that your personal data is kept confidential. Your personal information will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise (please see below).

Walkwire is under no obligation to monitor its Services. Walkwire collects: 1) usage information including session start and end time, payment method and duration of session, 2) Customer-provided data for credit card transactions, 3) from time to time, Walkwire may collect web usage logs that track which websites were visited by Customers of its Service. Walkwire's policy is not to disclose any of the above information to third parties with the following exceptions: Information under points 1) and 2) above will be disclosed as required to Locations and other business partners only as required for accounting, auditing, and collection purposes, to compile aggregate usage patterns, to assist customers, or to investigate complaints. Information under point 3) above will not be disclosed to any third party. However, Walkwire reserves the right to disclose any of the above information to respond to subpoenas, court orders or other legal process, to the extent required and/or permitted by law, to establish or exercise our legal rights or defend against legal claims, and as required by the Electronic Communications Privacy Act of 1986.

Warranties and Limitation Of Liability

Because of situations beyond the control of Walkwire (mostly regarding uptime and signal strength), Walkwire cannot guarantee that a particular service or speed will be available to you, even if we believe that it should be available and accept an order for it. Walkwire does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or Trojan software infestation of said machine(s), hacker activity, and exposure of confidential data, either stored on your hardware or transmitted by you through the Walkwire service or exposure of corporate data, systems, or networks. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept liability for any of your actions while using Service. This includes, but is not limited to, sending of unsolicited email, denial of service attacks, and unauthorized access to systems and/or networks accessible via the Service.

YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALKWIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; (c) WALKWIRE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WALKWIRE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND WALKWIRE DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE OFFENSIVE TO YOU AND ILLEGAL IN SOME JURISDICTIONS. WALKWIRE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME 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. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WALKWIRE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. YOU ALSO AGREE TO ABIDE BY ANY ADDITIONAL POLICIES PROVIDED BY EACH LOCATION.

Acceptable Use Policy

Any Customer who uses the Walkwire Service or website must agree to the Acceptable Use Policy ('AUP'). The AUP is intended to help enhance the use of the Internet by preventing unacceptable use. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. Walkwire 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 as detailed below. Locations may add additional terms, which should be considered integral to this Terms of Use and will be posted at Location.

You agree that you will not use the Service to:

(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(e) upload, post, email, transmit or otherwise make available any content 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 nondisclosure agreements);

(f) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

(h) upload, post, email, transmit or otherwise make available any material 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;
(i) 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;

(j) 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;
(k) 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;

(l) "stalk" or otherwise harass another; or

(m) collect or store personal data about other users.

Walkwire requests that anyone who believes that there is a violation of this AUP direct the information to: admin@walkwire.com. If available, please provide the following information:

a) the IP address used to commit the alleged violation;
b) the date and time of the alleged violation, including the time zone; and
c) evidence of the alleged violation.

Term Of Service

Your use of the Service is governed at all times by the Walkwire Terms of Use, as well as any other policies that may be promulgated by Walkwire. You agree to permit Walkwire or its representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. Walkwire reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if Walkwire believes that you have violated this Agreement, any of the Terms of Use or any other Walkwire policy, furnished Walkwire with false or misleading information, vandalized Walkwire equipment, or interfered with use of the Service by other users. Walkwire further reserves the right to terminate any accounts that have been inactive for ninety (90) days or longer. Walkwire may modify, suspend or discontinue the Service at any time, with or without notice, and without liability to you, any other user or any third party.

If you are not satisfied with Walkwire's Service or any related terms, conditions, policies or guidelines in this Agreement, your sole and exclusive remedy is to discontinue using the Service and terminate your use.

Indemnity

You agree to indemnify, defend and hold harmless Walkwire, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs arising from your use of the Service, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Walkwire will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will inure to the benefit of Walkwire's successors, assigns and licensees.

Copyrights and Trademarks

All content on this website including design, images, logos, text, video, buttons, icons and graphics is the property of Walkwire, LLC or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Any other use of materials on this Web site including reproduction, modification, distribution, republishing, transmission, display or performance without the prior written permission of Walkwire LLC is strictly prohibited.

Walkwire and Walkwire.com and all logos and icons are service marks, and/or trademarks, of Walkwire LLC and may not be used in connection with any product or service that is not offered by Walkwire in any manner that is likely to cause confusion among customers, or in a manner that disparages or discredits Walkwire.

WALKWIRE MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THE TERMS AND CONDITIONS OF THIS TERMS OF USE (INCLUDING ANY ONLINE POLICY SUCH AS THE TERMS OF SERVICE); (B) REVISE ITS PAYMENT RATES AND OTHER FEES; AND (C) MODIFY THE SERVICE AT ANY TIME. WALKWIRE WILL POST ANY SUCH REVISION AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THIS AGREEMENT AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE THE SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND TERMINATE YOUR ACCOUNT.