Residential Terms and Conditions/Acceptable Use Policy
Internet Services Terms and Conditions
PLEASE READ CAREFULLY PRIOR TO USING INTERNET SERVICES.
1. Introduction. Ayacht Technology Solutions, LLC ("ATS") provides certain internet services ("the Services") through ATS's wireless access points ("Wi-Fi"). Any user who wishes to use the Services ("Customer") agrees to be bound by these terms and conditions of use ("Terms and Conditions"), ATS's acceptable use policy ("Acceptable Use Policy" or "AUP") located at www.ayacht.com and other policies, all of which are subject to change from time to time. If you do not agree to the Terms and Conditions, AUP or other policies, including future revisions, you may not use these Services, and if you are a current Customer you must terminate your use of the Services immediately. Any future revisions to these Terms and Conditions, AUP, or other policies will be posted on ATS's website at: www.ayacht.com.
2. Equipment and Services. Customer must be at least 18 years old. Customer shall be responsible for the care of any equipment needed to access, connect to, or use the Services. Services provided by ATS are for the sole use of the Customer and not resale of any kind without prior written consent of ATS, which may be given at ATS's sole discretion. In the event the Customer attempts to resell the Services, ATS may, at its sole discretion, increase the fees associated with Services, or terminate the Services.
3. Wireless Access. Wi-Fi access speed is a function of physics and use. ATS uses the latest technology to deliver the best possible connection speeds to our subscribers ATS reserves the right to limit access speed, in order to ensure universal access by all subscribers.
4. Billing. Customer agrees to pay all charges to Customer's account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide ATS with accurate and complete billing information, including Customer's legal name, address, and telephone number. Customer agrees to report to ATS all changes to this information within thirty (30) days of any change. Customer agrees to pay an order-processing fee at time of acceptance. This fee will be applied toward Customer's subsequent billings. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are nonrefundable. The initial payment may include non-recurring installation charges including, but not limited to, equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of ATS. If payment is not received by ATS within five (5) days from the date payment is due, a Customer's account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month on the outstanding balance on Customer's account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from ATS's efforts to collect any unpaid balance.
5. Intended Use and Monitoring of the Services. Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. While ATS is under no obligation to monitor the Services, ATS may do so from time to time and ATS may disclose information regarding Customer's use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner. ATS may immediately remove from it's servers any materials or information in whole or in part, which ATS, in it's sole and absolute discretion, determine to infringe another's proprietary rights or to violate ATS's Acceptable Use Policy.
6. Customer Privacy. Subject to Section 5 above, ATS agrees to comply with the terms of ATS's Privacy Policy as set forth on ATS's Website at www.ayacht.com, as may be amended from time to time.
7. Equipment. ATS equipment is not portable and is not assigned for independent administration or distribution. Customer understands that ATS owns the installed antennas and equipment. This equipment may be modified or exchanged as required by ATS, at ATS's sole discretion. ATS shall be permitted to access our equipment for repair or removal without written or verbal permission of the property owner.
8. Term and Cancellation. Customer agrees to use and pay for Services for the duration of the period agreed to when Customer places an order for Services (the "Initial Term"). Customer may terminate the Services at the end of the Initial Term or at any time during any successive term by providing not less than (30) days written notice to ATS and returning the equipment before the last day of billing for the period. Billing will continue until the equipment is returned or removed for no charge by ATS personnel. Termination notice must be sent to: Ayacht Technology Solutions, LLC, PO Box 955, Bolton, MA 01740, or you may call ATS at (855) 779-7970.
9. DISCLAIMER OF WARRANTIES. THE SERVICES, AND ACCESS, IS PROVIDED ON AN "AS IS " AND "AS AVAILABLE" BASIS. ATS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS, WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ATS'S EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS NETWORK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATS'S, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY ATS'S, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT ATS'S PROVIDES NO WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF ATS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ATS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF CUSTOMER'S OR THIRD PARTY'S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ATS RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITH OR WITHOUT CAUSE.
11. Customer Complaint Resolution. In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, Customer agrees to first contact Ayacht Technology Solutions, LLC, PO Box 955, Bolton, MA 01740, or you may call ATS at (855) 779-7970. After which, pursuant to Massachusetts Civil Code, the Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing.
12. Additional Terms and Conditions. ATS may, from time to time, send e-mail messages or other forms of communication to Customer containing advertisements, promotions etc. which may be offered by third parties. ATS makes no representation or warranty with respect to the content of any such third party communications or goods or services which may obtained in response to such communications and Customer agrees that ATS shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writings by ATS. ATS's inclusion of links to any websites is provided for Customer convenience only and ATS is not responsible for any content on such websites. ATS's inclusion of links to such website does not imply any endorsement of the material on such websites or any association with their operators.
13. Entire Agreement. These Terms and Conditions, the AUP, the Privacy Policy and other policies contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by ATS and the latest version of the Terms and Conditions may be found at www.ayacht.com. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relation to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Assignment and Successors in Interest. All Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer shall be assigned or delegated without prior written consent of ATS. Any unauthorized assignment or delegation shall be null and void.
15. Venue/Choice of Law. These Terms and Conditions, the AUP and other policies shall be construed in accordance with the laws of the State of Massachusetts (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of Massachusetts, County of Worcester, or the United States District Court of the Worcester District of Massachusetts in Worcester County.
16. Severability. In the event that it is determined by a court of competent jurisdiction as a part of a final nonappealable judgment that any provision of these Terms and Conditions, the AUP, or other policies (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of which will remain in full force and effect.
17. Indemnification. Customer shall indemnify, defend and hold ATS harmless against any and all claims, losses, damages and liabilities and expenses, including reasonable attorney fees, sustained by ATS resulting from, arising out of, or connected with the use or misuse of the Services by the Customer.
Acceptable Use Policy
As a provider of Internet access, and other Internet-related services, Ayacht Technology Solutions offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Ayacht Technology Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Ayacht Technology Solutions reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Ayacht Technology Solutions has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Ayacht Technology Solutions ' services. This AUP will be revised from time to time. A customer's use of Ayacht Technology Solutions' services after changes to the AUP are posted on Ayacht Technology Solutions 's web site, www.ayacht.com will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Ayacht Technology Solutions cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Ayacht Technology Solutions cannot monitor or censor the Internet, and will not attempt to do so, Ayacht Technology Solutions cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Ayacht Technology Solutions does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Ayacht Technology Solutions' network and may reach a large number of people, including both subscribers and nonsubscribers of Ayacht Technology Solutions, subscribers' postings to the Internet may affect other subscribers and may harm Ayacht Technology Solutions 's goodwill, business reputation, and operations. For these reasons, subscribers violate Ayacht Technology Solutions policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Ayacht Technology Solutions, but also because it can overload Ayacht Technology Solutions ' network and disrupt service to Ayacht Technology Solutions subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Ayacht Technology Solutions has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Ayacht Technology Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Ayacht Technology Solutions' policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using Ayacht Technology Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Ayacht Technology Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ayacht Technology Solutions 's network.
Defamatory or Abusive Language
Using Ayacht Technology Solutions 's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups
Ayacht Technology Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that Ayacht Technology Solutions determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Ayacht Technology Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Ayacht Technology Solutions policy or applicable law. When Ayacht Technology Solutions becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Ayacht Technology Solutions also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Ayacht Technology Solutions ' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Ayacht Technology Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Ayacht Technology Solutions has the right to directly take action against a customer of a subscriber. Also, Ayacht Technology Solutions may take action against the Ayacht Technology Solutions subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Ayacht Technology Solutions anticipates that subscribers who offer Internet services will cooperate with Ayacht Technology Solutions in any corrective or preventive action that Ayacht Technology Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Ayacht Technology Solutions policy.
Ayacht Technology Solutions also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Ayacht Technology Solutions urges its subscribers to assume that all of their on-line communications are insecure. Ayacht Technology Solutions cannot take any responsibility for the security of information transmitted over Ayacht Technology Solutions' facilities.
Ayacht Technology Solutions will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Ayacht Technology Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ayacht Technology Solutions may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Ayacht Technology Solutions assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Ayacht Technology Solutions may disclose subscriber information or information transmitted over its network where necessary to protect Ayacht Technology Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.
Ayacht Technology Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Ayacht Technology Solutions policy. Finally, Ayacht Technology Solutions wishes to emphasize that in signing the service agreement, subscribers indemnify Ayacht Technology Solutions for any violation of the service agreement, law, or Ayacht Technology Solutions policy that results in loss to Ayacht Technology Solutions or the bringing of any claim against Ayacht Technology Solutions by any third-party. This means that if Ayacht Technology Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Ayacht Technology Solutions, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Ayacht Technology Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to wisp@ayacht.com.