This Privacy Policy (this “Policy”) applies to communications products and services provided by Advanced Satellite Systems, Inc. d/b/a WirelessFL (together with any subsidiaries or affiliates providing your communications services, “we,” “us,” or “WirelessFL”). This Policy explains how WirelessFL collects, uses, and discloses information about our subscribers when they subscribe to, access, or use our products or services. Some of the information we may collect is “personally identifiable information” and/or “customer proprietary network information,” each as defined by applicable Federal law. Our use or sharing of such information is governed by applicable Federal law (as described herein) and this Policy. Your use of any WirelessFL service constitutes your acceptance of this Policy. This Policy does not apply to the areas of WirelessFL websites that are accessible to the general public, which are governed by the WirelessFL website privacy policy (available at www.WirelessFL.com). WirelessFL is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here. This Policy applies across the WirelessFL family of companies and, except as otherwise specified herein, applies to all of the communications products and services we provide.
- Our Responsibilities and Your Rights Under Federal Law When you communicate with us, we collect information from you that we use to deliver, provide, confirm, change, bill, monitor, maintain and repair your services and service-related devices. Some of this information may be “personally identifiable information” or “customer proprietary network information” (“CPNI”) as defined by Federal law. Section 631 of the federal Cable Communications Policy Act of 1984, as amended (the “Cable Act”) provides special privacy protections for personally identifiable information we may collect about our cable and multichannel video service subscribers. For these purposes, personally identifiable information is information that identifies a particular person or persons, it does not include aggregate data that does not identify a particular person or persons. If you subscribe to our multichannel video programming services, you have a right to know: • the nature of any personally identifiable information we may collect and the ways we may use this information; • under what circumstances and to what parties we may disclose personally identifiable information; • how long we will maintain personally identifiable information; • the times and places where you may access your personally identifiable information; and • your rights under the Cable Act concerning personally identifiable information. Section 702 of the federal Telecommunications Act of 1996, as amended (the “Telecommunications Act”) provides special privacy protections for CPNI we may collect about our telecommunications and Voice over Internet Protocol (VoIP) service subscribers. CPNI generally includes information about the quantity, technical configuration, type, destination, location and amount of your use of voice services and information contained on your bill concerning the type of voice services and features you subscribe to or receive. If you subscribe to our voice services, you have the right, and WirelessFL has a duty, to protect the confidentiality of CPNI. As required by the Cable Act and the Telecommunications Act, this Policy describes: what personally identifiable information or CPNI we collect and how we collect it; how we use or share that personally identifiable information or CPNI; how long we keep your personally identifiable information and/or CPNI; how we protect such information in our possession; and your rights and remedies if we violate this Policy or applicable Federal or State law. In the event we determine there are any conflicts between this Policy and applicable Federal law (for example, the Cable Act or Telecommunications Act), we will comply with the applicable Federal law. In addition to Federal law, we will also comply with any applicable State law.
- Information We Collect and How We Collect and Use It Information Collected When You Communicate with Us When you communicate with us, we collect information from you that we use to deliver, provide, confirm, change, bill, monitor, maintain and repair your services and service-related devices. This information is also used to resolve issues with your order, with our products and services, or with your account. The information we collect may include your name, addresses, and other contact information; the reason for the contact; and your Social Security Number, date of birth and payment information. We use this information to establish and maintain your customer account and billing records (including establishing credit), provide services to you, authenticate you (i.e., confirming your identify in connection with service or before sharing sensitive personal or account information), and contact you about services that we offer. When you contact us or we contact you with calls, email, or through a feature on our websites or in our applications, we may monitor or record that communication or keep a record of the transaction to help us train employees and provide high-quality customer service. Information Collected When You Use Our Products and Services We may collect information about your use of our products, services and sites. Information such as call records, websites visited, wireless location, application and feature usage, network traffic data, product and device-specific information, service options you choose, mobile and device numbers, video streaming and video packages and usage, movie rental and purchase data, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about service enhancements, determining your eligibility for new services or service packages, and marketing to you based on your use of services. This information may also be used to: (a) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses; and (b) subject to consent practices described in this policy, help us improve our services, research and develop new services, and offer promotions and other services. If you subscribe to our high speed data services, we may automatically measure and monitor network performance and usage and the performance of your Internet connection to improve your, or our, service levels and products. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use. In certain geographic service areas where we receive certain types of federal high-cost universal service support, we may be required by the FCC to measure and collect information concerning the speed and latency of broadband services provided to randomly-selected subscribers. Pursuant to applicable FCC guidelines, any required testing would be accomplished by using one of three options: (1) existing Measuring Broadband America testing infrastructure (MBA testing), (2) existing network management systems and tools (off-the-shelf testing), or (3) provider-developed self-testing configurations (selftesting). The FCC has adopted requirements regarding when tests would begin, when exactly we may perform the tests, and the number of active subscriber locations we would be required to test. Once testing begins, test results must be reported and certified to the Universal Service Administrative Company (USAC) and Iowa Utilities Board (IUB) on an annual basis. However, no personally identifiable information is included in the test results reported to the USAC or IUB. If you are randomly-selected for testing, the FCC-required performance testing is in addition to the automatic testing we may do to measure or monitor performance and improve our service levels generally. Information Provided to Us by Third Parties When you apply for or purchase service from us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions. Information Collected on Our Websites When you establish an online account with us, we maintain information about your user identification and password. This information is used to identify you when you sign in to your account. Information You Provide When you contact us online or by other means for information about services, we will respond to your request and may use the information you supply us to provide you with additional information about service offerings either at that time or in the future. Information you provide on our websites about your preferred location and other preferences may be used to provide you with more relevant service recommendations, services and special offers. We may also collect information from you when you agree to participate in surveys or provide other feedback to us regarding our services, when you register to receive newsletters or similar updates, or when you apply for a job with WirelessFL. We use this information only for the purpose for which you provide it. We may send you emails that communicate information about your account or about services, marketing offers, or promotions that may be of interest to you. When you open an email or click on links within these emails, we may collect and retain information to provide you with future communications that may be more interesting to you. Please note that we will not ask you to send us, via email, sensitive personal or account information.
- How We Share Your Information Information Shared Within the WirelessFL Family of Companies We share customer information within our family of companies for operational purposes. We also share certain types of customer information within our family of companies for our own marketing purposes unless you advise us not to share. Sharing this information allows us to provide you with the latest information about our products and services and to offer you our latest promotions. Specific laws govern our sharing and use of CPNI. Our voice customers receive a privacy notice regarding CPNI when they first contract for or order service and every two years thereafter. For more information, please read our applicable CPNI notices. You may choose to opt out of the sharing of your CPNI within our family of companies for certain marketing purposes as described below. When you are speaking with a customer service representative, we may ask your permission to review your records, including your CPNI, to provide you with information about the full array of services provided by our family of companies. Information Shared With Third Parties Except as explained in this Policy, we do not sell, license or share information that individually identifies our customers, people using our networks, or website visitors with others outside our family of companies. We may use vendors and partners for a variety of business purposes such as to help us offer, provide, repair and bill for services we deliver to you. We share information with those vendors and partners to the extent reasonably necessary for them to perform work on our behalf. For example, we may provide your credit card information and billing address to our payment processing company solely for the purpose of processing payment for a transaction you have requested. We require that these vendors and partners protect the customer information we may provide to them and limit their use of our customer data to the purposes for which it was provided. We do not permit these types of vendors and partners to use this information for their own marketing purposes. We provide the names, addresses and telephone numbers of wireline telephone subscribers to directory publishers and directory assistance services unless a non-published or non-listed phone number has been requested. Unless otherwise restricted or prohibited by the Cable Act or Telecommunications Act, we may disclose information that individually identifies our customers or identifies customer devices to third parties in certain circumstances, such as: • to comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law; • in cases involving danger of death or serious physical injury to any person or other emergencies; • to protect our rights or property, or the safety of our customers or employees; • to protect against fraudulent, malicious, abusive, unauthorized or unlawful use of or subscription to our services and to protect our network, services, devices and users from such use; • to advance or defend against complaints or legal claims in court, administrative proceedings and elsewhere; • to credit bureaus or collection agencies for reporting purposes or to obtain payment for WirelessFL-billed services; • to a third-party that you have authorized to verify your account information; • to outside auditors; • to the FCC, IUB, USAC, or other federal, state, local or other governmental or quasigovernmental authority with jurisdiction over any Service; or • with your consent. If we enter into a merger, acquisition or sale of all or a portion of our assets or business, customer information will also be transferred as part of or in connection with the transaction.
- How to Limit the Sharing and Use of Your Information You have choices about how we share and use information. Customer Proprietary Network Information (CPNI) Under the Telecommunications Act, you may choose whether to allow us to share your CPNI within our family of companies for certain marketing purposes. You may choose to opt out of the sharing of your CPNI within our family of companies for these marketing purposes by following the instructions on our CPNI notices (available at www.wirelessfl.com). You may also opt-out of this sharing by calling us at 1-386-888-5668. Telemarketing Federal “Do Not Call” laws allow you to place residential wireline and wireless phone numbers on the National Do Not Call Registry to prevent telemarketing calls to those numbers. If you would like to add your numbers to this list, you may do so by calling 1-888-382-1222, or by visiting www.donotcall.gov. You should be aware that even if you add your number(s) to the federal or a state Do Not Call list, most telemarketing laws allow companies to contact their own customers. It is WirelessFL’s practice not to engage in telemarketing to our own customers. In order to keep you informed concerning our services and your account, we may use an automatic telephone dialing system, artificial or prerecorded voice, text message, or other form of written or audible communication to your designated contact number(s). For example, these informational contacts may include reminders of payment due dates, maintenance alerts and service cutovers. Marketing Email, Text Messages, Postal Mail and Door-to-Door Calls Marketing emails you receive from WirelessFL include an unsubscribe instruction (usually found at the bottom of the email) that you may use to opt out of receiving future marketing-related emails. You may also opt out of receiving marketing related emails from WirelessFL by contacting a WirelessFL customer service representative at 1-386-888-5668. You may opt out of receiving certain marketing-related postal mailings or prevent text message marketing from WirelessFL by calling a customer service representative at 1-386-888-5668. Please note that WirelessFL may use bulk mail service for some marketing mailings. For example, these services deliver offers to all homes in a neighborhood or zip code. This type of mailing will continue even if you opt-out of receiving marketing-related postal mailings from WirelessFL.
- How Long We Keep Your Information Under our practices and policies, sensitive records are retained only as long as reasonably necessary for business or legal purposes. We will maintain personally identifiable information about you no longer than necessary for the purpose for which it was collected. This means we may also maintain this information for a period of time after you are no longer a subscriber if it is necessary for business, regulatory or legal purposes. We will destroy the information if we have no pending requests, orders or court orders for access to this information, after we determine that it is no longer necessary for the purposes for which it was collected and in compliance with any applicable federal, state or local laws or requirements.
- How We Protect Your Information WirelessFL has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of customer information we collect or store, including Social Security Numbers. Employees are trained on the importance of protecting privacy and on the proper access to, use and disclosure of customer information. Under our practices and policies, access to sensitive personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are retained only as long as reasonably necessary for business, regulatory or legal purposes. Although we work hard to protect personal information that we collect and store, no program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.
- How You May Access and Correct Your Information We strive to keep our customer records as accurate as possible. You may correct or update your WirelessFL customer information by calling a WirelessFL customer service representative at 1-386-888-5668 or by accessing your account online and providing the updated information there.
- How You May Contact Us If you have questions, concerns or suggestions related to our Privacy Policy or our privacy practices you may contact us at: Advanced Satellite Systems, Inc. Attn: COO 454 S Yonge Street, 7C, Ormond Beach, FL 32174 Email: privacy@wirelessfl.com
- Changes to This Policy We reserve the right to make changes to this Privacy Policy, so please check back periodically for changes. You will be able to see that changes have been made by checking to see if the effective date posted at the end of the policy. If we elect to use or disclose information that identifies you as an individual in a manner that is materially different from that stated in our policy at the time we collected that information from you, we will give you a choice regarding such use or disclosure by appropriate means, which may include use of an opt-out mechanism.
- Violations of This Policy or Your Rights. If you believe that your privacy rights have been violated, please contact us immediately. We will take immediate steps to address your concerns. If you believe that you have been aggrieved as a result of our violation of applicable provisions of the Cable Act or Telecommunications Act, you may enforce the limitations imposed on us through a formal complaint to the FCC and/or a civil lawsuit seeking damages, attorneys’ fees and litigation costs. Other rights and remedies may be available to you under federal, state or local laws.
- Annual Notice and Availability of This Policy It is our practice to provide this notice to all customers at the time you first contract for or subscribe to service and at least annually thereafter. To the extent required by the Cable Act, this Policy serves as our annual Cable Subscriber Privacy Notice. Subscribers may obtain a copy of this Policy by request (using the contact information above) at any time.
WirelessFL SERVICE AGREEMENT – ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) governs high speed Internet service and/or other communications products and services, including functionality and services offered on or through WirelessFL.com (the “service”) provided to you by Advanced Satellite Systems, Inc., d/b/a WirelessFL (together with any subsidiaries or affiliates providing your service, ( “WirelessFL” “we” “us” or “Company”) and includes the following terms and provisions as the same may be amended or modified from time to time as provided herein. Please read this AUP carefully before you start to use the service. By using the service, you accept and agree to be bound and abide by this Acceptable Use Policy and our other applicable terms of service, all of which have been provided to you and may be accessed at www.wirelessfl.com/terms–and-conditions. If you do not agree to this Acceptable Use Policy or our other applicable terms of service, you should not access or use the service.
- Applicability. The purpose of this AUP is to ensure the appropriate use of our services, network, systems and facilities by our customers and any other parties (authorized or unauthorized) accessing or using service through a customer account (collectively, “Users”). By using or accessing WirelessFL’s services or network, Users agree to be bound by this AUP. Any direct or attempted violation of this AUP by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of this AUP by the User and the User may be held directly accountable therefore. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate service that Company otherwise possesses under your Service Agreement or applicable law.
- Changes to the Acceptable Use Policy. We may revise and update the Acceptable Use Policy from time to time in our sole discretion. All changes are effective immediately when we post them on our website at https://www.wirelessfl.com and apply to all access to and use of the service thereafter. Your continued use of the service following the posting of a revised Acceptable Use Policy means that you accept and agree to the changes.
- Compliance Required. Company reserves the right to terminate or suspend service immediately or to otherwise disconnect, remove, block, filter or restrict your use of service if Company determines, in its sole discretion, that such use is illegal, violates this AUP, or repeatedly infringes on another’s proprietary rights. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Company. We reserve the right to act immediately and without notice to suspend or terminate your service in response to a court order or government notice that certain conduct must be stopped or when we reasonably determine that the conduct may: (1) expose us to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of our network or networks with which we are interconnected, (3) interfere with another of our customer’s use of the service, (4) violate any applicable law, rule, or regulation, (5) present an imminent risk of harm to us or our customers, or (6) violates the terms of this AUP.
- Accessing the Service and Account Security. We reserve the right to withdraw or amend this service, and any service or material we provide to the service, in our sole discretion, without notice. From time to time, we may restrict access to some parts of the service, or the entire service. You are responsible for: • Making all arrangements necessary for you to have access to the service. • Ensuring that all Users who access the service through your internet connection are aware of this AUP and comply with its terms and conditions. • Ensuring all information provided to register the service is correct, current and complete. • Treat all usernames, passwords or other security information confidential, and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. • Ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this AUP.
- Prohibited Uses and Activities. This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. Company, at its sole discretion, reserves the right to discontinue service for any unlawful use. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:
- Unlawful Use: Using service in any manner that violates local, state or federal law, including without limitation using service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any local, state or federal law applicable to such transmission.
- Copyright or Trademark Infringement: Using service to transmit any material (by e-mail, file sharing software, direct download, FTP sites or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyrighted video or music, and the unauthorized transmittal of copyrighted software.
- Violation of the Digital Millennium Copyright Act (DMCA): Using service to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections. For additional information concerning your rights and responsibilities in connection with reporting or responding to claims of copyright infringement, see Reporting Claims of Copyright Infringement, below.
- Harm to Minors: Using service to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
- Threats: Using service to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
- Harassment and Cyberbullying: Using service to transmit any material (by e-mail or otherwise) that unlawfully harasses another.
- Fraudulent Activity: Using 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”, unregistered sales of securities, securities fraud and “chain letters.”
- Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using service. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
- Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited. Using deliberately misleading headers in emails sent to multiple parties is prohibited.
- Intentional Network Disruptions and Abusive Activity: Using service for any activity that adversely affects the ability of other people or systems to use service or third party Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. The transmission of viruses, malware, or engaging in ”mail bombing,” “chat flooding,” cybersquatting, and similar unlawful behavior is also prohibited. Attempting to circumvent user authentication or security of any host, network, or account on Company’s systems or the Internet at large (“cracking”). This includes scanning or probing ports without the consent of the owner of the machine being scanned. Using any robot, spider or other automatic device, process or means to access the service for any purpose, including monitoring or copying any of the material on the service. Introduce any Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Unauthorized Access: Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data. This includes unauthorized monitoring, scanning, or probing of the Company’s or any third party’s network or system and hacking, attacking, breaching, or circumventing the security of any host, network, servicer, personal computer, network access, software or data without express authorization of the owner.
- Collection of Personal Data: Using service to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.
- Resale of Service: Reselling service or assisting any third party (with or without compensation) in obtaining unauthorized access to our services or network. 6. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe a User of this service has infringed your copyright, you may report the alleged violation by submitting notification to our Copyright Agent that satisfies the requirements of the DMCA (designated below). Upon Company’s receipt of a satisfactory notice of claimed infringement for these works, Company will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the service (ii) disable access to the work(s) and/or (iii) suspend or terminate service to subscribers who have been identified as repeat infringers in accordance with our internal policies and procedures. Company will also notify the affected customer or user of the service of the removal or disabling of access to the work(s) and of our policies and procedures relating to suspension or termination of repeat infringers. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the notice (the “DMCA Notice”) must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent to receive DMCA Notices Advanced Satellite Systems, Inc. you should address your correspondence to our main headquarter address or email it to privacy@wirelessfl.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Company, the alleged infringer, and the affected copyright owner for any damages (including costs and fees) incurred in connection with the removal, blocking, or replacement of allegedly infringing material under Section 512(f) of the DMCA. Counter-Notification Procedures If you believe that material you placed on the service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following: • Your physical or electronic signature. • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. • A statement that you will consent to the jurisdiction of the Federal District Court for Florida and that you will accept service from the person (or an agent of that person) who provided the DMCA Notice. Upon receipt of a Counter Notice, Company shall promptly provide the complaining party with a copy of the Counter-Notice and inform the party we will replace the removed material or cease disabling access to it within 10 business days. The DMCA allows us to restore the removed content no less than 10, but not more than 14 business days after receipt of the Counter Notice, if the party filing the original DMCA Notice does not file a court action against you. Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Trademarks. The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this service are the trademarks of their respective owners.
- Network Management Practices. Your use of our services and network is subject to our Network Management Policy. Our current Network Management Policy, including specific management practices, service descriptions and terms of service can be found at: https://www.wirelessfl.com/terms-and-conditions.
- Content. Company has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through our services or network and is not obligated to monitor or exercise any editorial control over such material. You will be liable for any and all liability that may arise out of the content transmitted or accessed by Users. You shall assure that the User’s use of service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Company reserves the right to disconnect or suspend your service and remove your content from service if Company determines, in its sole and absolute discretion, that such use or content does not conform with any applicable law, the requirements set forth in this AUP or interferes with Company’s ability to provide service to you or others. Company’s action or inaction under this Section will not constitute any review, waiver or approval of your usage or content.
- Service Monitoring. Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of service. However, Company may monitor the usage, bandwidth, transmissions and content of service periodically to (i) comply with any necessary laws, regulations, subpoenas, court orders or other valid legal process or governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.
- Domain Name Service. Keeping registry information updated and accurate is the responsibility of the domain holder and not Company. Acceptable use of the domain name service does NOT include falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts. Such usage will result in termination of service.
- Theft of Service. You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Company has no responsibility or liability for stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.
- Indemnification. By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP and your Service Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from Company’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold Company harmless therefor.
- Survival. The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of service shall survive such discontinuance or disconnection.
- Governing Law. This AUP and the relationship between you and Company shall be governed by and construed in accordance with the substantive laws of the State of Florida, without regard to the principles of conflict of law.
- No Waiver of Rights. Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.
- Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.
- Important Customer Information. In addition to the terms and conditions set forth in this AUP, service is subject to our terms of service, which you should read carefully before activating or using service. Our applicable terms of service have been provided to you and may be accessed at https://www.wirelessfl.com/terms-and-conditions. If you wish to receive additional copies of our applicable terms of service, please speak with a customer service representative.
CREDIT POLICY
- Accounts are past due after the 10th of the current month.
- An account that is set-up to make payment by automatic bank account deduction or automatic credit card payment will be paid on the 1st of the month or the next business day if the 1st falls on a weekend. Online payments can also be made by going to our website, www.wirelessfl.com.
- A $15.00 late fee will be assessed for all payments received in our office after the due date of the 10th of each month.
- A disconnect notice will be sent around the 12th of the month if payment has not been received at that time. No further notice or contact will be made.
- Should it become necessary to discontinue service due to non-payment, the entire past due balance and a $25.00 reconnect charge must be paid in order for service to be reestablished.
- A $35.00 service charge will be applied for any returned checks or any returned payments made by ACH.
- Any account which has had two returned checks will be put on a cash only basis. (Payments must be made by either cash, money order, cashier’s check, or by credit card.)
- Credit card payments will not be allowed on any account where the monthly recurring charge is over $500.00.
- Telephone calls stating that payments have been mailed will not be considered payment of account. Post dated checks are not acceptable.
- Any equipment installed at the customer premise is the property of WirelessFL. It is the responsibility of the customer to return equipment upon disconnection of service. If the equipment is not returned, the customer will be subject to the replacement fees detailed on WirelessFL’s rate schedule which is available upon request.
- All outstanding balances will be subject to processing through a collection agency or small claims court.