Public Internet Access Terms and Conditions

This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided to you, by Omnipoint Technology Inc in consideration for your custom, your agreement to these terms and conditions and your agreement to allow us to send to you by e-mail or any manner for our promotional and marketing material.


1. Extent of the Service

1.1 We do not recommend in particular the use of any websites (or other internet relatedservices) (“Internet Services”) and your use of Internet Services is carried out entirely atyour own risk.

1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.

1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.

1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.

1.5 We do not guarantee:

     1.5.1 the availability of the Service;

     1.5.2 the speed at which information may be transmitted or received via the Service; or

     1.5.3 that the Service will be compatible with your equipment or any software which you use.

1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data. 

1.7 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service. 


2. Your Use of the Service

2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:

     2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;

     2.1.2 contain obscene, profane or abusive language or material;

     2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature); 

     2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

     2.1.5 contain material which infringe third party’s rights (including intellectual property rights); 

     2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or

     2.1.7 are otherwise unlawful or inappropriate;

2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.

2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.

2.4 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk. 

2.5 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below. 

2.6 The Service will push personalized advertisements within unsecured web browser sessions, and by accepting these terms and conditions you acknowledge that your personal preferences may be tracked to facilitate the provision of this advertising service.


3. Criminal Activity

3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence.

3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities. 

3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.

3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.


4. Our Use of your Information

4.1 Subject to clauses 3.3 and 3.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.


5. Other Terms

5.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above. 

5.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.

5.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party.

5.4 This Policy is governed by and construed under the laws, without regard to its conflict of laws principles. 32 Hampden Street, Springfield have exclusive jurisdiction over and venue of any suit that relates to this Policy. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.


6. Pricing Policy

6.1 We reserve the rights to change the prices of the product and serverices that we are offering time to time.

6.2 Our Product/Service Prices varing based on the location, volume, time, customer, market competetion.

6.3 The Change of Price will not be notified to the customer individually, but the lastest price is shown at the time of Renewal/Purchase of Plan


7. Refund Policy

7.1 We will try our best service for our clients.

7.2 However, if any client is not completely satisfied with our products/services we can provide a refund.

7.3 Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation.

7.4 Please note that, the refundable amount will be calculated after deducting any payable cahrges like, pending bills payment, administration and Processing fee


ACCEPTABLE USE POLICY

The following terms and conditions ("Policy") apply to your use of and access to the networks owned and operated by Omnipoint Technology Inc and/or its affiliates (collectively, "Omnipoint Technology Inc") as well as any electronic transmission sent, received, posted, accessed, or stored via those networks, including, without limitation, voice, data, and messaging services; and Internet services (collectively, the "Network"). By using or accessing the Network, you agree with this Policy. Certain products or services offered through the Network may have additional terms and conditions, which govern in the event of any inconsistency with this Policy.

In addition to any other agreements between you and Omnipoint Technology Inc (also referred to herein as "we," "us," and "our"), this Policy explains the policies that govern your access to and use of the Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

If you do not wish to be bound by this Policy, you should not access, subscribe to, or otherwise use the Network. Omnipoint Technology Inc may modify this Policy at any time without notice to you.


ILLEGAL OR HARMFUL USE

You may access and use the Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any law or governmental regulation is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that is prohibited:


INFRINGEMENT

Infringement of intellectual property rights or trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos. Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce. Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access. Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.


ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through the Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) messages which contain no substantive content; or (6) very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without our prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site. Without notice to you and at any time, we may modify or restrict the bandwidth available to download certain types of content.


NETWORK SECURITY AND INTEGRITY

You may not violate the security of the Network in any way. Such violations may result in criminal or civil liability. Omnipoint Technology Inc may, but is not obligated to, investigate any violation of the Network. Omnipoint Technology Inc may cooperate with law enforcement where criminal or unauthorized activity is suspected. By sending, receiving, posting, accessing, or storing any electronic transmission via the Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:


HACKING

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network. Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network. Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks. Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier. Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Omnipoint Technology Inc or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Omnipoint Technology Inc customer or other end-user. Omnipoint Technology Inc may, but is not obligated to, take any action it deems necessary to protect the Network, its rights or the rights of its customers or third parties, or (2) optimize or improve the Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Network. Omnipoint Technology Inc may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ELECTRONIC COMMUNICATIONS AND IN THE USE OF THE INTERNET AND THAT Omnipoint Technology Inc DOES NOT MAKE ANY WARRANTIES RELATING TO SUCH RISKS. Omnipoint Technology Inc DOES NOT GUARANTEE THE SAFETY OR INTEGRITY OF ANY SYSTEM CONNECTED TO ITS NETWORK. THIS INCLUDES VIRUS AND/OR OTHER INFESTATION OF SUCH SYSTEMS, HACKER ACTIVITY (INCLUDING SENDING OF UNSOLICITED EMAIL, DENIAL OF SERVICE ATTACKS, AND UNAUTHORIZED ACCESS TO SYSTEMS) AND EXPOSURE OF PERSONAL OR CONFIDENTIAL DATA. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ANY OF THE FOREGOING.


INVESTIGATION AND ENFORCEMENT OF THIS POLICY

All users of the services must adhere to the terms of this Policy. We have the right, but are not obligated, to strictly enforce this Policy through self-help, active investigation, litigation and prosecution. Omnipoint Technology Inc shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using the Network, but reserves the right to do so. Any user who violates any terms of this Policy may be subject to a suspension or termination of service, in Omnipoint Technology Inc sole discretion. If Omnipoint Technology Inc becomes aware that any such material violates the terms of this Policy and/or exposes Omnipoint Technology Inc to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (DMCA), Omnipoint Technology Inc reserves the right to block access to such material and suspend or terminate any user creating, storing, copying, or communicating such material, including any user whom Omnipoint Technology Inc becomes aware has engaged in any of the foregoing activity. Omnipoint Technology Inc further reserves the right to conduct investigations into fraud, violations of the terms of this Policy or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Omnipoint Technology Inc deems responsible for the wrongdoing.

We may also access and disclose any information (including transactional information) related to your access and use of the Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law; (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY BY SUCH COMPANY, CUSTOMER OR USER.


DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE NETWORK IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." OMNIPOINT TECHNOLOGY INC, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. OMNIPOINT TECHNOLOGY INC DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL OMNIPOINT TECHNOLOGY INC, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FROM THE USE OF THE NETWORK THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE NETWORK, ANY SERVICES OFFERED THROUGH THE NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF OMNIPOINT TECHNOLOGY INC, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OMNIPOINT TECHNOLOGY INC, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.


GOVERNING LAW

This Policy is governed by and construed under the laws, have exclusive jurisdiction at 32 Hampden Street, Springfield. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Omnipoint Technology Inc, its officers, directors, employees, agents, shareholders, affiliates, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, that arise from: (1) any violation of this Policy by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Network; or (5) your use of the or Network.


CONTENT POLICY

The content distributed on the Internet is solely the responsibility of those who produce and access the content. As such, Omnipoint Technology Inc takes no responsibility for third party content accessed over the Network without limitation, nor does Omnipoint Technology Inc have any obligation to monitor such third party content. Omnipoint Technology Inc reserves the right at all times to remove or refuse to distribute any content which it finds objectionable for any reason. Omnipoint Technology Inc also reserves the right to direct any objectionable or illegal content to the appropriate legal, regulatory or governmental entities. Omnipoint Technology Inc is not responsible or liable for enforcing or failing to enforce these stated rights under this Policy.


The following principles are intended to be a summary of Omnipoint Technology Inc content policy. They are not intended to address every scenario, but simply to outline our approach to monitoring the content that we offer. 1. Omnipoint Technology Inc will not transport content that it knows is illegal. 2. Omnipoint Technology Inc may decline or immediately terminate service that threatens the Network, its users or fails to adhere to this Policy. 3. Omnipoint Technology Inc is not required to investigate the nature of a user's content and will not do so in the normal course of business. 4. Omnipoint Technology Inc prohibits the publishing or distribution of content that is deemed objectionable, including content that is illegal or contains harmful or malicious code, protected content, harmful or violent content, obscene content, or content containing private or confidential information. 5. Omnipoint Technology Inc prohibits the use of the Network in any way that might be deemed illegal or inappropriate, including but not limited to the generation or distribution of spam, malicious codes or viruses, or for the promotion of objectionable content. 6. Omnipoint Technology Inc reserves the right to terminate services for any and all users failing to adhere to this Policy. Furthermore, Omnipoint Technology Inc reserves the right to disseminate all information to appropriate legal, regulatory and governmental authorities if it believes the content or distribution in question have the potential to be illegal or pose a threat to Omnipoint Technology Inc, its users or the general public.

While we do not individually review all content posted or distributed on the Network, we will review any questionable material brought to our attention. We welcome the assistance of our users in monitoring content.


MISCELLANEOUS

Failure by Omnipoint Technology Inc to insist upon or enforce strict performance of any provision of this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. If any provision of this Policy is found to be unenforceable or invalid, this Policy's unaffected provisions will remain in effect.