PLEASE READ THE FOLLOWING INTELLIFI USER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE SIGNING UP FOR A INTELLIFI ACCOUNT OR USING THE INTELLIFI BILLING AND AUTHENTICATION SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND INTELLIFI. BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE INTELLIFI. SERVICE, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE.
The terms and conditions of this Agreement govern the relationship between you (“User” or “you”) and INTELLIFI. (“INTELLIFI”). INTELLIFI provides its authentication and billing services (optional), as they may exist from time to time (“Services”), to Users who establish an account. By establishing or using an account with INTELLIFI, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other INTELLIFI policies posted on the INTELLIFI website.
1. PAYMENT OBLIGATIONS. You must (i) provide INTELLIFI with accurate and complete personal information including legal name, address, telephone number and (ii) report to INTELLIFI all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact INTELLIFI’s Help Desk (see website for details). All charges are considered valid unless disputed in writing within 45 days of the billing date. Adjustments will not be made for charges that are more than 45 days old.
Charges are billed to your credit cards by INTELLIFI’s 3rd party credit card billing processor, on behalf of the access point or enabled venue. Invoices can be obtained from the access point or enabled venue. INTELLIFI does not record or store your credit card and billing information. INTELLIFI is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by the 3rd party merchant processor. Delinquent accounts may be suspended or canceled at INTELLIFI’s sole discretion. However, charges may continue to accrue until the account is canceled and collection, and late fees or other similar fees may be added.
2. LOCATIONS AND FEES. Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in INTELLIFI’s on-going subscription accounts or other flat-rate plans. Current prices for vary by locations. You must contact the local HotSpot operator or INTELLIFI if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time.
3. YOUR USERNAME AND PASSWORD; SECURITY. Upon registration, you will select or receive a username and password. You are the only authorized user of your INTELLIFI account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify INTELLIFI immediately upon discovering any unauthorized use of your account. You are not allowed to log in to a hotspot using the same username from multiple devices simultaneously. In some locations the system may record your device which you use to log in to the system at the first time and may block the connection from any other devices, even if you log out from the hotspot with that device. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.
Usernames and passwords are INTELLIFI’s property and INTELLIFI may alter or replace them at any time.
4. MONITORING THE SERVICES. INTELLIFI has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if INTELLIFI, 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 Users.
5. WARRANTY DISCLAIMER. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY INTELLIFI, INTELLIFI 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. INTELLIFI 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.
6. LIMITATION OF LIABILITY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTELLIFI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTELLIFI MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND USER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH INTELLIFI DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND INTELLIFI DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY INTELLIFI OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. INTELLIFI AND ITS EMPLOYEES 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, INTELLIFI’S CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE ACCRUAL OF THE CLAIM.
7. INDEMNIFICATION. You agree, at your expense, to defend and hold harmless INTELLIFI and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys’ fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
8. ACCEPTABLE USE POLICY. All Users of the Services and users of the INTELLIFI website and/or the INTELLIFI software agree to and must comply with this section 8, which is INTELLIFI’s Acceptable Use Policy (AUP), and your use of any Services, website or software provided by INTELLIFI constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. INTELLIFI does not actively monitor the use of the Services under normal circumstances. Similarly INTELLIFI does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, INTELLIFI may remove, block, filter, or restrict by any other means any materials that, in INTELLIFI’s sole discretion, may be illegal, may subject INTELLIFI to liability or may violate this AUP. INTELLIFI 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 INTELLIFI account or other actions as detailed below. When a User uses the Services, the third-party from whom INTELLIFI has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.
Without limiting the foregoing, you agree not to use the Services to:
(i) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(ii) harm, or attempt to harm, minors in any way;
(iii) 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;
(iv) 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 nondisclosure agreements);
(v) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vi) 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;
(vii) 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;
(viii) 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;
(ix) 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;
(x) 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;
(xi) “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;
(xii) resell the Services without INTELLIFI’s authorization;
(xiii) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
INTELLIFI requests that anyone who believes that there is a violation of the AUP direct the information to us. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) 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.
INTELLIFI may take any one or more of the following actions, or other actions not listed, at INTELLIFI’s sole discretion in response to complaints: (i) issue warnings, written or oral; (ii) suspend the User’s account; (iii) terminate the User’s account; (iv) bill the User or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
9. 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.
10. COPYRIGHTS AND TRADEMARKS. All content included on INTELLIFI’s website, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of INTELLIFI or its licensors or partners. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the INTELLIFI website without the express written permission of INTELLIFI is strictly prohibited.
11. TERMINATION OF A SUBSCRIPTION. You may terminate your account at any time and for any reason by providing notice of intent to terminate to INTELLIFI at least 5 business days prior to the end of your billing cycle. Notice may be provided by registered or certified mail, return receipt requested addressed to INTELLIFI., HUNGARY, 1062 Budapest, Andrassy ut 76; or telephone calls directed to Help Desk (see website for details). Your termination will only be complete upon your receipt of a cancellation confirmation number from INTELLIFI. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.
Without prior notice, INTELLIFI may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if INTELLIFI, in its sole discretion, believes you have violated this Agreement or any of the policies applicable to Users, or if you fail to pay any charges when due. INTELLIFI may provide termination notice to you by email or by US Mail or courier service to the address you provided for the Services. All notices to you will 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.
The provisions of the following sections of this Agreement will survive termination of this Agreement 3, 5, 6, 7, 8, 10 and 11.