general terms

General Terms of Service Agreement

We reserve the right to prohibit use of services to any individual or group that exploits this service or inhibits the rightful service to others. By using any of TazWire's Fixed Wireless networks you agree to abide by all website rules and stipulations drafted in the End User Agreement on-line by clicking the following link. The General Terms of Service Agreement coincides with TazWire's general website at TazWire.Net or TazWire.Com.

PLEASE READ THE FOLLOWING CUSTOMER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE SIGNING UP FOR AN ACCOUNT OR USING THE WIRELESS DATA SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE 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.

Terms of use are applicable when using any TazWire Fixed Wireless Broadband infrastructure systems (Wi-Fi) and the websites offered by TazWire and its partners. The company website can be viewed at http://www.tazwire.net. You are strongly encouraged to read the entire Agreement(s) and to check this webpage periodically for any changes or updates. By using this network you accept these terms of use and you commit yourself to complying with these terms of use Agreement.

Neither this Wi-Fi hotspot or any manager or official of any site where the user is visiting can be held liable for the contents of the site or its use, directly or indirectly. As such, this Wi-Fi hotspot does not make any undertaking and does not offer any guarantee in connection with the continuity of connectivity, the software, the products or the operation of the services offered on its website or via its repeater network access. Nor does this Wi-Fi hotspot guarantee the correctness of the information offered via its repeater network. This Wi-Fi hotspot has the right to modify the access stipulations and the information presented at any time. Any exoneration at the advantage of this Wi-Fi hotspot unconditionally applies to partners of this Wi-Fi hotspot. This Wi-Fi hotspot network infrastructure, Wi-Fi receivers, Wi-Fi repeaters, Wi-Fi cameras, digital phone service, software, firmware, and any other hardware purchased or leased from this Wi-Fi hotspot are designed and intended for recreational purposes only. This system is not intended or designed for mission critical applications and should not be relied upon to provide any form of communications or service that could jeopardize life, limb, property, job performance, school studies and deadlines or any other purpose for which you could be penalized for a failure in the system.

Hyperlinks: If links are established via this Wi-Fi hotspot with other sites - directly or via search engines - this Wi-Fi hotspot does not bear responsibility for the links, the contents or the existence of these other sites. This Wi-Fi hotspot has no control over the links, the contents or other features of these websites. Anyone using these search engines has to be aware that the internet can contain information which is illegal, unlawful or damaging and acknowledges that this Wi-Fi hotspot cannot be held liable in any way for errors in addresses of websites or domain names on its sites.

Helpdesk: The helpdesk is for customers who have this Wi-Fi hotspot Repeaters and are having difficulties with their connection. This Wi-Fi hotspot cannot be held liable in any way for any discontinuities whilst providing the helpdesk to the users. Follow the instructions from the help desk explicitly. The sole purpose of the helpdesk is to assist customers in getting connected to their mobile Wi-Fi repeaters wireless signal with a wireless device only, and if necessary, adjusting the wireless network settings. The users accept that it is not the intention of the helpdesk to offer more extensive services. This Wi-Fi hotspot is not in any way liable for any damage, whatever the cause or nature of that damage, which the user may incur using the helpdesk or this Wi-Fi hotspot network in general, whether it be to his/her computer, his/her documents or files on his/her computer.

Intellectual rights: The contents of this Wi-Fi hotspot websites are protected at all times by the applicable intellectual rights (brands, copyrights, trademarks, patents, etc…). Using, copying, translating, editing, modifying or distributing the entire site or part thereof in any way, shape or form is prohibited, unless prior written consent has been obtained from this Wi-Fi hotspot. Any breach of such intellectual rights can lead to civil or criminal prosecution. The users of this Wi-Fi hotspot network explicitly commit themselves to respect the intellectual rights of this Wi-Fi hotspot and third parties. This Wi-Fi hotspot reserves the right to take action as it sees fit and to take all measures it deems suitable to stop or prevent breaches of its intellectual rights or those of third parties, without the possibility of them being held liable as a result of these initiatives, regardless the reason.

Commitment of the user: As a user of this Wi-Fi hotspot network you commit yourself to not distributing illegal content via this Wi-Fi hotspot network infrastructure or web site.

NO Peer-to-Peer File Sharing: Peer-to-peer file sharing applications such as BitTorrent, Gnutella, Limewire, etc. have proliferated. These applications allow users to search an entire network for files that interest them, and then download those files to their own computers. Most peer-to-peer file sharing programs set your computer up to act as a server and share these files. In doing so, the Internet experience for all users on the network may be compromised. Multiple, simultaneous video downloads; mass emailing, indiscriminate file sharing and other abusive practices are violations of TazWire's policy. Failure to take reasonable precautions to protect your computer from malware and viruses or exposing the network to risk by visiting abusive sites or utilizing abusive software is a violation of TazWire’s policy. Failure to comply with this policy may result in corrective measures being taken by TazWire Technologies, including but not limited to bandwidth throttling, temporary restrictions on network access, and/or the discontinuation of your Internet access account.

If you are a TazWire Member or have access to our network through your property, please abide by our file sharing policy and:

1. Turn off Peer-to-Peer Networking Servers.

2. Consider removing any application that has file sharing enabled from your system. If you choose not to remove the application, you should ensure that your system is configured not to file share.

Update Your Anti-Virus Software and Firewall Software: In addition to peer-to-peer file sharing applications, computer viruses and other malware can not only impact the functionality of your computer, but can attempt to hijack the available bandwidth at a property and negatively impact all other users at that property.

If you are a TazWire Member or have access to our network through your property, please protect yourself and others by ensuring that your anti-virus software and firewall software are up-to-date and operating correctly, with automatic updates of virus definition files turned on. Most modern operating systems come with a built-in software firewall, and free anti-virus software is available online. Please note, our services do not support heavy bandwidth users for NetFlix, Gaming consoles or Vonage.

Failure to comply with this policy may result in corrective measures being taken by TazWire Technologies, including but not limited to bandwidth throttling, temporary restrictions on network access, and/or the discontinuation of your Internet access account.

One ID per User and Computer: Your user ID is valid for your computer or other wireless device only – no sharing. Each ID allows for ONLY one user at a time. Sharing IDs bumps the current user of that ID off the network.

TazWire Networks utilizes a process intended to optimize the performance of the entire wireless network for all subscribers and protect it from being hijacked by individual abusers. Subscribers whose internet activity is perceived as abusive will be tagged by our system and connection speeds of that subscriber will automatically be throttled down. Most normal Internet activity is well below the threshold of abusive behavior, though certain peer-to-peer file sharing applications like BitTorrent and TVUplayer can become abusive. To avoid this, we advise that you ensure that your applications are not creating excessive upload traffic and recommend that, in order to remain compliant with TazWire’s General Terms of Service Agreement, you agree to adjust this activity in accordance with these policies.

General Terms of Service Agreement

TazWire Technologies Policies and Agreements are designed to help protect our customers, the design and operation of our products and services and the Internet community, from irresponsible or illegal activities. All users of TazWire's Internet services, i.e. TazWire.Com and TazWire.Net ("Service") must comply with this Policy. This Policy should be read in conjunction with our website and Privacy Policy.

This General Terms of Services Agreement (the "Agreement") is between you (as "Member", "User") and TazWire Technologies ("TazWire") a corporation organized under the laws of Florida with a principal place of business at 933 Diana Lane; Zolfo Springs, FL, 33890. By agreeing below, you signify your agreement to the terms and conditions set forth in this Agreement. By making payment or completing a request for equipment order, Member agrees to abide by all obligations stated in these terms and conditions.

1. Grant of Rights: Upon TazWire's receipt from you of a written order or payment for any Wi-Fi access services provided by TazWire, including, without limitation, equipment, e-mail, web site hosting, newsgroups, bulletin board services, and any other services which TazWire may offer (collectively, the "Service"), TazWire grants you a non-exclusive, non-transferable, limited right to access, use and/or display the Service on any computer of which you are the primary user. An account for the Service may not be transferred to another party or entity without prior written approval from TazWire, and any such transfer of an account for the Service is subject to any limits established by TazWire.

2. Content: You recognize that you are solely responsible for the content of any information you make available by means of the Service, including, without limitation, by posting on a web site or in e-mail, or in a bulletin board service. TazWire has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if TazWire, in its sole discretion, deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, TazWire has the right, but not the obligation, to remove or deny access to such content. You expressly agree that TazWire shall not be liable to you for any action TazWire takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. TazWire has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges to the Service and/or deletion of the objectionable material.

3. Proprietary Materials: Material accessible to you through the Service may be the subject of intellectual property rights of third parties, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.

4. Prohibited Uses:

(a) You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonation of TazWire personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, USENET, chat services bulletin boards or your personal web page (s). You also agree not to use the Service to (i) violate the security of the Service; or (ii) attempt to utilize another user's account name or persona without authorization from that user.

(b) You agree not to use the Service or any electronic mail address provided to you in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service that in any way implicates the use of the Service, TazWire equipment or any electronic mail address provided by TazWire. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation by you of this provision, you agree to pay TazWire damages to compensate for the lost goodwill such a violation causes, but, where warranted, such as in the case of an accidental transmission, TazWire may waive all or part of any applicable charge. Payment by you under this provision shall not prevent TazWire from seeking to obtain other legal remedies against you, including other damages or an injunction.

5. (a) TazWire Secure E-Mail OPTIONAL: $3.00 per month. You acknowledge that TazWire shall not provide more than 30 MB of electronic mail storage per e-mail account and that you are responsible for compliance with this limit. You expressly agree that TazWire shall not be liable to you or any third party for any damages resulting from any reasonable action TazWire takes to enforce this provision, including, without limitation, deleting materials from your storage space. TazWire Email works with Windows XP, Vista and Microsoft 7. TazWire also works in Sync with FaceBook, Twitter, G-Mail, Yahoo, MSN, HotMail, MAC, including such devices as Androids, Blackberry, i-Phones etc.

(b) You acknowledge that you may not use the Service to operate server programs, including, but not limited to, mail servers, IRC servers, ftp servers or web servers. You agree to disconnect from the Service when not actively using the Service and you further agree not to use any technology, method or device to otherwise maintain a constant connection with the Service.

6. Charges and Payment:(a) You are responsible for all charges associated with connecting to the Service, including, without limitation, (Dial-Up: telephone and) computer equipment necessary to access the Service.

(b) You are responsible for all activities and charges resulting from use of the Service. You agree to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges you incur regarding the Service at TazWire's price schedule as in effect from time-to-time and as posted on TazWire's web site at www.TazWire.Net or agreed upon month to month rate.

(c) In the event of a breach of security, you will remain liable for any unauthorized use of your account for the Service until you notify TazWire by E-mailing Security Service here.

(d) TazWire reserves the right to increase fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice via TazWire.Net or electronic mail. TazWire may reduce these fees at any time without notice to you. In the event that your account for the Service is terminated or canceled, online time credited to your account is not convertible to cash or other form of credit. TazWire may provide you with a monthly e-mail invoice for the Service. In the event that TazWire fails to provide you with a monthly invoice, your responsibility to pay us for services rendered under this agreement remain in effect. If TazWire does not receive the full amount due under each invoice for the service on the start of service or of the anniversary date, your account may be automatically terminated, and is subject to a $5.00 per month late fee. You shall also be liable for all attorney and collection fees arising from TazWire's efforts to collect any unpaid balance of your account (s).

Fees For most Multi-Dwelling Communities:

To qualify a multi-dwelling community, a minimum initial sign-up of 25% of the residents in your community is necessary in order to start TazWire's fixed wireless data services. Beginning March 1, 2011, ALL users will be required to set up Automatic Payments using either a Visa, MasterCard Debit or Credit or you may use a Checking or Savings account. NOTE: Due to the recent introduction of many new wireless devices such as security cameras, plasma TV’s, Smartphone’s, iMacs, Blue Ray, Netbooks, iPods, iPhones and more, monthly service costs start at $18.00 per month for up to two-computer devices per household. Each additional device or computer starts from $5.00 more per month.

Effective May 1, 2011, due to recent high usage, family visitors and friends will now have to create their own user account and pay a monthly service fee.

Resident or Home Owner Start up Costs $98.00 includes indoor wireless node then monthly services start at $18.00 per month depending upon your market location and service use. Add a one time charge of of up to $75.00 for the DIY Outdoor Node Kit.

Mobile Home Renter $49.00 Activation then monthly service starts at $18.00 per month depending upon your market location and service use.

Vacation Mode: You must be gone more than sixty (60) consecutive days in order to qualify for Vacation Mode. Vacation Mode ends the day you start using the service again. Vacation Mode can be turned on one time in a twelve (12) month period. Note that if you use the service one day or 30-days during a billing cycle then the full rate for the month applies.

Reactivation Fee: for Cancellations or none payment is $49.00 up to $98.00.

(e) In the event of a returned check for insufficient funds, etc, you will be assessed a $25.00 returned check fee. This fee plus the amount of the outstanding balance, plus any reconnect fees that may be applicable, must be received by us before your account will be reconnected.

7. Cancellation/Equipment Refund Policy:Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, Internet access service, and e-mail service will be terminated, and all files (if any) stored on TazWire servers will be deleted. Cancellation of the service as well as the reason for cancellation must be submitted in writing via U.S. Mail to TazWire Technologies 933 Diana Lane, Zolfo Springs, FL, 33890 and must include the return of all equipment (if any) including wireless modem, black electric adapter, antenna(s) and enclosure(s). Cancellation Refunds are processed from 30 to 45-days from the receipt of a written notice and or equipment returns. There are NO Refunds on multiple months paid or received after 30-days. No Refunds for special incentives such as annual subscription passes, free months, referral discounts, etc.

Equipment Refunds: are as follows based upon the usage time of the equipment: in Month 1 = full refund. If TazWire does not receive its equipment within 30-days of cancellation of service than you agree to pay $150.00 for the indoor TazWire Node and up to 1,250.00 for each antenna gateway and or outdoor equipment if any.

Equipment pick up service charge is $75.00 up to $200 and is to be paid prior to the time of picking up the equipment.

8. User Information:(a) You certify to TazWire that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her account (s) under supervision of the parent or guardian.

(b) For purposes of identification, billing and marketing, you agree to provide TazWire with accurate, complete, and updated information required by the registration to the Service ("Registration Data"), including your legal name, address, telephone number (s), and applicable payment data (e.g., credit card number and expiration date). Failure to comply with this provision may result in immediate suspension or termination of your right to use the Service.

(c) You are solely responsible for maintaining the confidentiality of your passwords, and agree that TazWire will have no obligations with regard thereto.

(d) TazWire reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.

9. Warranty and Indemnification: You represent and warrant to TazWire that you will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to TazWire that your use of the Service will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless TazWire and its employees, licensers, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs (including reasonable attorneys' fees) incurred by the Affiliates in connection with any claim, whether or not successfully asserted, arising out of any breach by you of the foregoing representations, warranties and covenants, or any other representation, warranty, or covenant provided by you under this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. TazWire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TazWire.

10. DISCLAIMER OF WARRANTY: THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TAZWIRE MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, TAZWIRE' NEGLIGENCE.

11. LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES SHALL TAZWIRE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF TAZWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TAZWIRE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY TAZWIRE FROM YOU FOR THE SERVICE.

12. Termination:  In addition to any other rights of the parties set forth herein, either you or TazWire may terminate this Agreement at any time upon written notice and return of equipment. TazWire also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3 or 4, or based on a breach of any of your warranties set forth in Section 10, or if you fail to pay any invoice within thirty (30) days of the date such invoice is sent. If TazWire terminates your membership pursuant to this Section 12, TazWire reserves the right to deny access to the Service in whole or in part, including, without limitation, removing your web site from the TazWire server, and to refuse to provide the service to you following such termination.

13. Modifications to Agreement: TazWire has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the TazWire's web site at www.TazWire.Net , or upon notice to you by electronic mail, or U. S. mail. Your continued use of the Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification (s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of TazWire in providing the Service, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of fees for the Service, is to terminate the Service by delivering notice to TazWire. Such notice will be effective upon receipt by TazWire.

14. General: This Agreement constitutes the entire agreement between you and TazWire with respect to the Service and supersedes all prior agreements between you and TazWire. Failure by TazWire to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

15. Venue and Jurisdiction: For litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be be in the Tenth Judicial Circuit in and for Highlands County, Florida. Such federal and state courts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the enforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.