Terms and Conditions
AIRBLASTER NETWORKS IS PROVIDING A HIGH SPEED INTERNET CONNECTION AND TELEVISION PROGRAMMING SERVICES TO RESIDENT SUBJECT TO THIS SERVICE AGREEMENT. AS TECHNOLOGY AND AIRBLASTER NETWORKS CONTINUE TO EVOLVE, THESE TERMS AND CONDITIONS MAY BE UPDATED OR REVISED. RESIDENT WILL NEED TO REVIEW AIRBLASTER NETWORKS’ WEB SITE REGULARLY AT WWW.AIRBLASTERNETWORKS.COM FOR CHANGES TO THIS SERVICE AGREEMENT. BY USING THE SERVICE, RESIDENT EXPRESSLY AGREES TO ACCEPT THESE TERMS AND CONDITIONS AND ANY CHANGES TO THE SERVICE AGREEMENT POSTED ON AIRBLASTER NETWORKS’ WEB SITE.
1. AirBlaster Networks agrees to provide Internet connections and television programming services to Residents under the Terms and Conditions contained in this Service Agreement. The terms Resident, You and Your shall be used interchangeably to describe the individual user covered by this Service Agreement as well as all users connecting to the AirBlaster Networks service via Resident’s data port or TV outlet.AirBlaster Networks provides services to the Resident for the sole use of the Resident and Resident agrees not to resell any service.
2. The Internet service consists of a broadband connection to the Internet only and excludes additional services such as e-mail accounts, computer configuration, desktop support services and web hosting.AirBlaster Networks will deliver a working connection to the data port located in each Resident’s bedroom. It is Your responsibility to configure Your computer and connect it to the data port. For additional services, including connection configuration and desktop support services, please visit theAirBlaster Networks web site at www.AirBlasterNetworks.com.
3. The television programming service consists of a premium programming package including selected local off-air channels. AirBlaster Networks will deliver a working connection to the TV outlet wall plate. It is Your responsibility to setup, connect and program your TV and/or VCR.
4. You will be charged a service fee if a service technician is dispatched to your location to fix a problem related to your equipment, setup or configuration. You will not be charged a service call fee if the problem is with the network or service.
5. You understand that the services provided by AirBlaster Networks may be interrupted for several reasons. These include, but are not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. AirBlaster Networks shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
6. The use of your connection to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your service, at the sole discretion of AirBlaster Networks.
7. Any conduct by a Resident that in AirBlaster Networks’ sole discretion restricts or inhibits any other Resident from using or enjoying the service will not be permitted. You may not take any action, which imposes an unreasonable or disproportionately large load on the bandwidth or infrastructure. Resident agrees to use AirBlaster Networks’ services only for lawful purposes. Resident is prohibited from transmitting through the service any unlawful, harmful, threatening, abusive, harassing or defamatory material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Resident may not modify or use any device, software or routine to interfere or attempt to interfere with the proper working of AirBlaster Networks’ service.
8. Information transmitted through AirBlaster Networks and through the Internet in general has varying levels of security. AirBlaster Networks will provide a first level of defense against “hackers” or third parties from intercepting or breaching Resident’s data, however, AirBlaster Networks cannot guarantee this first level of defense will stop intruders. Resident hereby accepts this risk and agrees to hold AirBlaster Networks harmless for any intrusion or data interception by third parties. Any attempt by Resident to break security, intercept data, run password crackers, or to access another persons computer system will result in termination of Resident’s account without notice and Resident will be subject to possible civil or criminal prosecution.
9. Resident shall not run programs or servers that provide network services to others through AirBlaster Networks’ network, which includes, but is not limited to, web hosting, multi-user interactive forums, game servers, peer-to-peer file sharing programs, operating an internal mail/http/ftp/irc/dhcp server to serve external connections or support multi-user interactive forums.
10. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. AIRBLASTER NETWORKS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AIRBLASTER NETWORKS BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY AIRBLASTER NETWORKS OR YOUR ERRORS OR OMISSIONS. YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION AGAINST AIRBLASTER NETWORKS AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY AIRBLASTER NETWORKS AND/OR YOUR USE OF THE SERVICES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, ARAPAHOE COUNTY.