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  Privacy Policy TERMS OF USE
     
 

SkyWi endeavors to provide dedicated, reliable, and robust Internet services.

THIS SKYWI SERVICE AGREEMENT ("AGREEMENT") STATES THE TERMS AND CONDITIONS UNDER WHICH SKYWI, INC. (“SKYWI”) WILL PROVIDE INTERNET RELATED SERVICES (COLLECTIVELY, THE “SERVICE”) TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICE. BY USING THE SERVICE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT (AND ALL DOCUMENTS REFERRED TO IN THIS AGREEMENT) AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OF THE DOCUMENTS REFERRED TO IN THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE WITH ALL THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE, YOU MUST PROMPTLY CEASE ALL USE OF THE SERVICE, AND CONTACT SKYWI IMMEDIATELY.

You acknowledge and agree that these terms and conditions may be revised from time to time by SkyWi at its sole discretion. Any such modifications will be effective when the revised Policy is posted to http://www.skywi.com/terms. By using the Service following any modifications to the Agreement, you agree to be bound by such modifications. If you do not agree to the modifications, your sole remedy is to stop using the Service.

1) Privacy Policy
In the course of your use of the Service, you may be asked to provide certain information to SkyWi. SkyWi’s use of any information you provide to it will be governed by SkyWi’s Privacy Policy available at http://www.skywi.com/privacy.html.

2) Rules and Limits on and Modifications to the Service
SkyWi reserves the right, for any reason, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Service and SkyWi will not be liable to you or to any third party for doing so. Your sole remedy in such event will be a refund of any prepaid Service fees. SkyWi may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. SkyWi has the right to change these rules and/or limitations at any time, in SkyWi’s sole discretion.

3) Moderations of Use
If you utilize any of your SkyWi Service in a manner that consumes excessive bandwidth or affects SkyWi's core equipment, overall network performance, or other users' services, SkyWi may require that you cease or alter these activities or upgrade your level of Service. SkyWi reserves the right to suspend or shut down any user that is deemed to have an adverse affect on the performance or integrity of its network. Any use that causes a disruption in the integrity or performance of SkyWi or its vendors’ networks, whether directly or indirectly, is strictly prohibited and could result in termination of Service. SkyWi will be the sole arbiter of what is considered excessive or what is disruptive.

You may not resell the Service, allow any other party to access the SkyWi network, share access, or collect fees from any other party for the Service unless you have a prior written agreement from SkyWi.

You may not run programs, equipment, or servers that provide network content or any other services to anyone outside of your Local Area Network, also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail hosting, Web hosting, file sharing/hosting, and proxy services and common access servers.

You agree that SkyWi may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam.

The technical support that SkyWi provides is limited to the connectivity itself and assistance with configuring one computer and/or browser. Support for other applications and uses is not provided or implied unless it is a specifically contracted Service.

SkyWi has the right to terminate your Service at its sole discretion. Customers within an active Service term that are terminated due to violation of this Agreement may be assessed a standard Termination Fee. All customers terminated for this reason are liable for all outstanding funds due to SkyWi at the time of Service termination including, but not limited to, rendered Services, equipment, installation fees and other applicable fees.

4) Acceptable Use Policy
You are ultimately responsible for all activity that originates from your Internet access regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends, and guests. This also applies to security breaches of your own system by others who launch attacks through your internet access. It is required that everyone that you allow to access your Internet connection takes proper precautions to ensure security. You are liable and accountable for any activities originating from your SkyWi account or Service that are deemed to be in violation of this Agreement.

If you believe that you have been attacked or spammed, please notify SkyWi's Abuse Department and appropriate action can be taken.

In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Agreement, SkyWi reserves the right to suspend and/or terminate your account and all Services immediately, without advanced notice. SkyWi reserves the right, at its sole discretion, to make a determination of what constitutes a violation of this Agreement and you agree that SkyWi's determination is final and binding on you.
SkyWi believes that illegal usage, abusive usage, and/or use of the Service to interfere with other users’ enjoyment of the Service are unacceptable. In the event that you believe that you have been a victim of abusive or illegal usage of the Service, please contact abuse @ skywi.com.

You agree to indemnify and hold harmless SkyWi from any claims brought against SkyWi related to your use of the Service or the violation of this Agreement or the Privacy Policy. You agree to pay any attorneys’ fees incurred by SkyWi in bringing any action related to the Service or a breach of the terms of this Agreement.
 upload, post, email, distribute, publish or otherwise transmit through the Service any materials that are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as specifically permitted herein or without first obtaining permission from SkyWi and the owner of such rights,

  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a SkyWi official, forum leader, guide or host, 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 content transmitted through the Service;
  • upload, post, email, distribute, publish or otherwise transmit any content through the Service that you do not have a right to transmit 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);
  • upload, post, email, distribute, publish or otherwise transmit through the Service any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, distribute, publish or otherwise transmit through the Service any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, distribute, publish or otherwise transmit through the Service any material 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;
  • 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;
  • “stalk” or otherwise harass another person;
  • restrict or inhibit any other user from using and enjoying the Service,
  • engage in conduct or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • upload, post, email, distribute, publish or otherwise transmit any content through the Service that contains advertising of any kind, or false or misleading indications of origin or statements of fact;
  • upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information or other material);
  • engage in spoofing or flooding;
  • harvest, collect or store information about the users of this Service or the content posted by others through this Service;
  • upload, sell, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
  • attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
  • You may not sell, lease or rent access to or use of the Service.

SkyWi has no obligation to monitor the Service. You acknowledge and agree, however, that SkyWi does retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect ourselves and/or SkyWi’s Users.

By posting content or using any communications service, message/bulletin board, chat room, music or software library, or other interactive service that may be available to you through the Service, you warrant and represent that (1) you are the sole owner of such content or have been granted all rights necessary to post such content by the owner, and (2) that you have the right to post such content.

You acknowledge and agree that content you view or post through the Service is at your own discretion and risk, including any reliance on the accuracy, completeness or usefulness of such content. You acknowledge that you will not rely in any way on any content created by, submitted to or obtained through the Service. You further acknowledge and agree that the views expressed by you and other users through the Service do not necessarily reflect the views of SkyWi, and that SkyWi does not support or endorse any content or other information posted by you or any user. SkyWi assumes no liability for the content posted or transmitted by users through the Service or for any damages arising therefrom.

5) Registration; Passwords and Security
In order to use the Service, SkyWi requires that you register. In registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form(s) and (b) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or SkyWi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SkyWi has the right to refuse any and all current or future use of the Service (or any part thereof) by you.

During the registration process, you will designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you.

SkyWi will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen, or otherwise compromised. You must notify SkyWi immediately if you believe your account may be compromised.

SkyWi will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6) Security
You acknowledge and agree that when using the Service to access the Internet or any other online network or service, there are certain risks of unauthorized third party intrusion, including other Internet users gaining access to or use of your Equipment. You are responsible for taking and should take all appropriate security measures when using the Service. You understand and agree that all use of the Service is done so at your own risk.

7) No Confidentiality
You agree and acknowledge that any and all communications and/or information transmitted by you using the Service will not be treated as confidential or proprietary, subject to SkyWi’s Privacy Policy. Please read SkyWi’s Privacy Policy for more information.

8) Account Billing & Invoicing
Your Activation Date is the day that you acknowledge that your SkyWi-provided Equipment (“Equipment”) has been installed and your access is operational or the day that SkyWi determines you are connected to the network and using the Service, which ever is earlier.

Billing and your Minimum Service Term begins on your Activation Date. You will be financially responsible for all Service thereafter unless SkyWi is notified within a timely manner of an outstanding issue that SkyWi deems to justify Service credit. All additions to your existing Service package are recognized as non-refundable regardless of usage.

SkyWi will bill you a standard monthly fee for the Service, a one-time installation fee, and any applicable deposits or other fees. In some circumstances, an additional installation, or equipment fee may be required if you add additional features. In addition, you agree to pay all applicable federal, state and local taxes, fees, charges, surcharges or other similar exaction (collectively “Taxes”) imposed on or with respect to the products, Services and/or Equipment that are the subject of this Agreement whether such Taxes are imposed upon you or upon SkyWi.

SkyWi charges for its Service continuously regardless of whether or not you are using it because SkyWi continues to maintain your connection. This is also true of accounts that are suspended (denied access) due to non-payment.

Should you opt to terminate the SkyWi Service, you must contact SkyWi via telephone. All termination requests will be processed and deemed effective on the date the request is received. All Services are subject to SkyWi’s Termination Policy set forth below.

Accounts are automatically setup for credit card auto renewal by default, using the credit card information that you provided during the ordering process. To update your credit card information, contact SkyWi via telephone. SkyWi reserves the right to charge the credit card on file for any amount past due, including other fees or charges that you incur.

You will receive a record of Service charges solely via your credit card statement, and will have access to your account charge activity online via the www.skywi.com website. You agree to pay the bill by its due date and authorize SkyWi to charge your credit card monthly for the Service. If for any reason SkyWi is unable to charge your credit card successfully for authorized Services, resulting in your account becoming past due, SkyWi may impose a late fee or SkyWi may disconnect your Service without notice. You will also be liable to pay SkyWi for all attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on your account.

SkyWi, at its final discretion, reserves the right to terminate accounts that are past due. Upon termination, Services on the account will be discontinued and all files will be removed from SkyWi’s servers without further notice. Any applicable termination fees will be applied and due at that time.

If you wish to reinstate Service with SkyWi, you will be required to pay all outstanding charges from the inception of your Service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

SkyWi may also charge a per instance charge for technical support of any products, services, software or hardware not provided by SkyWi. SkyWi may change the amount of any fee upon thirty (30) days written notice. SkyWi will identify any per instance support charges to you prior to providing any technical support that would result in such charge(s).

9) Third-Party Software and Tools
SkyWi may provide you with third-party software to enable and enhance the Service. You acknowledge and agree that your use of the third-party software is subject to the applicable third-party license agreement. You may not use the third-party software without agreeing to the terms of the applicable third-party license.
SkyWi does not support third-party software. SkyWi makes no representations or warranties concerning the third party software. You agree that your use of third-party software is at your own risk and in no event will SkyWi be liable for any liability relating to your use of the third-party software.

10) Disclaimer of Warranties
YOU AGREE TO USE THE SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY SKYWI AT YOUR SOLE RISK. THE SERVICE AND SKYWI EQUIPMENT ARE PROVIDED ON AN "AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. SKYWI DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE, THAT THE SERVICE WILL BE TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, OR OTHER HARMFUL COMPONENTS, OR THAT THE DATA TRANSMITTED BY THE SERVICE WILL BE AVAILABLE, ACCURATE, COMPLETE OR USEFUL. SKYWI DOES NOT WARRANT THAT ANY DATA OR FILES YOU SEND OR RECEIVE VIA THE SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO YOUR COMPUTER. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING, OR USE OF OTHER MEANS THAT MAY ENABLE INTERNET USERS TO GAIN ACCESS TO YOUR EQUIPMENT. SKYWI MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SKYWI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. SKYWI IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF SKYWI.

11) Limitation of Liability
IN NO EVENT SHALL SKYWI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SKYWI OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKYWI TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, AN AMOUNT THAT EXCEEDS THE SERVICE FEES THAT YOU HAVE PAID TO SKYWI IN THE MONTH IN WHICH THE CLAIM AROSE.

12) Customer Indemnity.
You agree to defend, indemnify and hold SkyWi, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from or related to your use of the Service, your violation of this Agreement or the posting or transmission of any content, message, information, software or other materials through the Service by you, including, but not limited to, any third party claim that the content (or any part thereof) you uploaded, posted, or transmitted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right.

13) Content and Information Disclaimer
The SkyWi web site contains information, advice, text, and other materials (“SkyWi Information”) that are provided for your convenience and enjoyment. SkyWi Information may contain errors, omissions, inaccuracies, or outdated information, and SkyWi disclaims any obligation to update such information. SkyWi makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any SkyWi Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within SkyWi's web site does not imply endorsement of any product or publication. Information and statements contained in this web site are not offers to sell or solicitations to buy any security. SkyWi is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

14) Third-Party Web Sites
SkyWi makes no representation whatsoever regarding the content of any other web sites that you may access by using the Service. When you access a non-SkyWi web site, you acknowledge that it is independent from SkyWi and that SkyWi has no control over the content on that web site. It is your sole responsibility to comply with the appropriate terms of service of a non-SkyWi website as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such a website and any content contained thereon. In no event shall SkyWi be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the non-SkyWi website or the information or material accessed through the non-SkyWi website. You should direct any concerns to that site's administrator or webmaster.

15) Installation
The SkyWi installation technician may supply you with Equipment. You agree to permit SkyWi to enter your premises at reasonable times to install, connect, disconnect, repair, replace, or inspect the Equipment. SkyWi will not enter your premises unless an individual over the age of 18 is present to grant SkyWi’s technician access. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, or if SkyWi’s technician is denied access to all necessary areas of the premises due to a locked facility or by the actions of others, and notification was not provided to SkyWi at least 2 business days in advance, you will be placed at the back of the installation schedule.

If you have pre-authorized inside wiring during your order placement, you agree to pay all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor.

You are solely responsible for ensuring the proper functioning of your customer-provided equipment. The SkyWi installation technician will not provide any assistance in the setup or configuration of your customer-provided equipment at the time of installation. If, at the time of installation, you request that the SkyWi installation technician configure your customer-provided equipment, SkyWi will bill you the then standard fees for such service.

16) Equipment
You acknowledge that the Equipment may require updates and/or changes to the software resident in the Equipment and that you may be required to perform such updates and/or changes. Notwithstanding, you hereby authorize SkyWi to perform updates and/or changes, on-site or remotely, from time to time as SkyWi deems necessary, in SkyWi’s sole discretion.

When SkyWi installs the Service, you will need a properly functioning network interface card or adapter providing an Ethernet or USB connection to your computer. If you do not have a properly functioning network interface, you must acquire one and ensure that it is functioning properly to allow network connectivity to your computer, prior to the arrival of the SkyWi technician.

You shall be responsible for procuring and installing patches, all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of your computer and related equipment and (ii) the protection of SkyWi’s network and other customers. For purposes of clarification, SkyWi hereby disclaims all responsibility and liability for any damages that may arise from your failure to procure or install the aforementioned security software and /or hardware.

17) Ownership and Proprietary Rights
All Equipment provided by SkyWi shall remain SkyWi’s sole property. You agree that you will not sell, transfer, lease, assign, or otherwise encumber any Equipment provided by SkyWi to you. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, damaged, or unreturned Equipment, together with any costs incurred by SkyWi in obtaining or attempting to regain possession of Equipment.

All proprietary rights associated with the Equipment shall also remain SkyWi’s sole property, including but not limited to any patent, copyright, trademark, or trade secret rights. You shall not modify or disassemble the Equipment without the prior consent of SkyWi. You agree not to allow any party to remove, erase, tamper with, or fail to preserve any copyright, trademark, or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Equipment.

18) Trademark Information
SkyWi® and other SkyWi product and service names are trademarks of SkyWi, Inc. (the “SkyWi Marks”). You agree not to display or use the SkyWi Marks in any manner. Nothing on the Service should be construed to grant any license or right to use any SkyWi Mark.

19) Services
Wireless service is a complex technology with known limitations that must be acknowledged, however, SkyWi desires to provide you the maximum speed possible as stated in your Service plan.

SkyWi’s published availability targets do not account for scheduled outages on SkyWi's network or events outside of SkyWi's control, including, but not limited to, force majeure events or customer equipment outages.
All Equipment is pre-configured for the Service ordered. SkyWi technicians know your Equipment and can make any changes needed after your Service is installed. Support for the hardware configuration comes with the Service. Any modifications made by you that make the hardware inaccessible remotely to SkyWi technicians will result in billable configuration/repair by SkyWi technicians. If you provide your own equipment, SkyWi cannot guarantee your hardware's compatibility with the Service or SkyWi’s ability to support it. If a technician visit is required to configure non-SkyWi provided hardware or software, an additional charge may be involved.
If a technician dispatch is necessary to repair any non-SkyWi-authorized changes to on-site Equipment or wiring that renders the Equipment inoperable or unreachable by SkyWi remotely, you may be charged a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed at SkyWi’s discretion. This does not apply to dispatches needed for a repair due to normal service outages deemed necessary by SkyWi.
SkyWi is not ultimately responsible for the quality of your personal computer or any modifications you make to any Equipment. You are solely responsible for the management of your own equipment. SkyWi’s Customer Support Center will not provide any assistance with the configuration or maintenance of your own equipment. SkyWi is committed to solving your problems but SkyWi is not responsible for failings in individual operating systems and custom configuration of operating systems, operating system components, software, network hardware, or inside wiring.

If SkyWi dispatches a Field Service Technician in response to a trouble ticket ultimately determined by SkyWi to be the result of your own equipment, SkyWi will bill you the then standard fees for such service dispatch.
Although SkyWi wishes to provide an equitable solution to every customer, SkyWi reserves final rights in providing Service and final discretion in all decisions.

20) Termination Policy
It is your responsibility to notify SkyWi of cancellation via telephone. Returning hardware, completion of the Minimum Service Term, or cessation of payment does not constitute notification of cancellation.
Cancellations will be subject to a processing fee; however, if your order has not been installed within 30 calendar days after it is initially placed, you may cancel without penalty. There are no associated penalties for orders canceled by SkyWi due to technical limitations.

Upon termination, a final invoice will be generated, which will include any credits or refunds for Service paid in advance and any outstanding Installation, Missed Appointment, No Access, Internal Wiring, Promotional or Termination Fees, if applicable.

Upon termination, SkyWi can either (a) request that you return all Equipment in its original condition, in its original packaging, and with its original contents to SkyWi, postage prepaid, within 15 days , along with a UPS tracking number and a completed SkyWi Hardware Return Authorization Form or (b) dispatch a technician to your premises to remove the Equipment. If you are requested by SkyWi to return the Equipment and you fail to return the Equipment as requested, you will be charged the full Replacement Value of SkyWi Provided Equipment as specified on your Customer Order.

21) Other Charges
Inside Wiring Fees are $75 for the initial hour and $18.75 per whole or partial 15 minutes thereafter.
Dispatch Fees are $150 for the initial hour and $30 per whole or partial 15 minutes thereafter if a vendor technician dispatch is necessary to repair any non-SkyWi/non-vendor initiated changes to the on-site Equipment or wiring that renders the Equipment inoperable or unreachable by SkyWi remotely.

$50 Processing Fee applied for all requested cancellations after 72 hours from initial order placement.
$25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution.

22) Miscellaneous
This Agreement constitutes the entire agreement with respect to the Service. This Agreement supersedes and nullifies all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

This Agreement is not intended to give, and does not give, any rights or remedies to any person other than you and SkyWi.

Except as expressly provided herein, any waivers or amendments shall be effective only if made in writing. The failure of any party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision.

If any term, covenant, condition, or portion of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law. Any such invalid or unenforceable term shall be changed and interpreted so as to best accomplish the objectives of the term within the limits of the applicable law.


This Agreement and all matters arising out of or related to this Agreement will be governed by the laws of the State of Texas, without regard to conflicts of law provisions. You agree that the federal and state courts of Texas alone have jurisdiction and venue over all disputes arising under this Agreement and you consent to personal jurisdiction and venue of those courts.

Binding arbitration shall be the sole and exclusive remedy for resolution of Disputes between the parties. Such Dispute shall be submitted for arbitration in Fort Worth, Texas under the rules of the American Arbitration Association (“AAA”). The arbitrator's decision will be final and entered into any court of competent jurisdiction. The prevailing party will be entitled to recover its attorney's fees and costs in connection with such arbitration. Should either party bring a Dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this Dispute resolution provision. You understand that you would have had a right to litigate Disputes through a court, that you have expressly and knowingly waived that right, and that you have agreed to resolve any Disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof. “SkyWi” includes its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “You” means you, the original account holder, its agents, employees, directors, officers, beneficiaries, or heirs. If you sign up as an individual, you represent and warrant that you are at least 18 years old.

You may not assign this Agreement or your rights or obligations under this Agreement.

SkyWi shall not be liable for failure to perform any of its obligations under this Agreement to the extent that its failure to perform is caused by circumstances beyond SkyWi’s reasonable control, including without limitation, acts of God, civil disturbances, natural disasters, actions or decrees of governmental bodies.

23) Consumer Rights
If you experience a problem with the Service, you may contact customer service, which can be located using SkyWi’s website at www.skywi.com.

The name, address and telephone number of the provider of the Service is:

SkyWi, Inc.
8401 Jacksboro Highway, Suite 600
Fort Worth, Texas 76135
817-237-6400

Charges to you imposed by SkyWi for use of the Service are as follows: Current rates for the Service are posted at SkyWi’s website (www.skywi.com). SkyWi reserves the right to change fees and surcharges or to institute new fees at any time.


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