Internet Service Agreement
SkyWyre, LLC (SkyWyre) Internet Service Agreement
Read This Internet Service Agreement Carefully Before Using Our Internet Services.
1. INTRODUCTION.
SkyWyre, LLC (SkyWyre) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy AUP and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 9.
2. SUBSCRIPTION REQUIREMENTS
Members must be at least 18 years old. SkyWyre is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for SkyWyre’s Services are posted on our website at http://www.skywyre.com. SkyWyre reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
# (a) Members must (i) provide SkyWyre with accurate and complete billing information including legal name, address, telephone number, and (ii) report to SkyWyre all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
# (b) Members having questions regarding charges to an account, should contact SkyWyre at (808) 936-4480. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
# (c) If paying by check, payments are due by the 7th day of the month in which the charges are to incur.
# (d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
# (e) Delinquent accounts may be suspended or canceled at SkyWyre’s sole discretion.
4. MONITORING THE SERVICES.
SkyWyre has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if SkyWyre, 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 Members. Please see our Privacy Policy. SkyWyre may immediately remove your material or information from SkyWyre’s servers, in whole or in part, which SkyWyre, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.
5. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY SkyWyre, SkyWyre 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. SkyWyre 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.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SkyWyre DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SkyWyre MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SkyWyre OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SkyWyre OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SkyWyre 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, SkyWyre’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
6. 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, if you are a Member, to terminate your account.
7. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to SkyWyre by contacting us via phone (808) 936-4480, email questions@skywyre.com or letter to:
SkyWyre LLC
P.O. BOX 411
Mountain View, HI 96771
Your termination will only be completed upon your providing correct account information from an authorized source. We do not want to cancel your services without your authorization.
Refund Termination Policy
Credit card refunds will be issued 10-15 days from the time of service discontinuation. All Cash & Check refunds will be issued via check 30 days from the time of service discontinuation. All refund checks will be mailed to the address listed on the account at the time of discontinuation. If the customer is moving out of the area, please ensure our office has the proper forwarding address at the time the service is discontinued. Any customer may discontinue service at any time for any reason. If a customer chooses to cancel services, they must notify SkyWyre, LLC. We will provide them a prorated refund of any unused service fee based on normal monthly rates. Refunds will be based on 1/2 month increments. If service is used only during the first half of the month, 1/2 month refund will be given. If service is used into the second half of the month, no monthly refund will be given.
Based on your billing cycle, charges accrued prior to your termination may apply. If your account included space on SkyWyre’s servers, anything stored on this space will be deleted upon termination.
Without prior notice, SkyWyre may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if SkyWyre, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. SkyWyre may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall 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.
Sections 3, 4, 5, and 7 of this Agreement shall survive termination of this Agreement.
8. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and SkyWyre’s other user policies posted on SkyWyre’s Web site constitute the entire agreement between you and SkyWyre with respect to your use of the Services.
SkyWyre may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on SkyWyre's Web site (http://www.skywyre.com,) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
7/14/2009