LESS NETWORKS, LLC. CUSTOMER AGREEMENT
Read This Customer Agreement Carefully Before Using Our Wireless Internet Services.
The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and Less Networks, LLC. ("Less Networks"). Less Networks® provides its wireless Internet access services, as they may exist from time to time ("Services"), to Customers who establish an account. By establishing an account or using any software provided, developed, licensed or owned by Less Networks® (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Less Networks® policies posted on our Web site.
Customers must be at least 18 years old. Access points or enabled venues may not be available in all areas. Current prices for Less Networks'® Services are posted on our Web site at www.lessnetworks.com. Less Networks® reserves the right to change prices and institute new fees at any time.
Payment Obligations Of A Customer
Customers must (i) provide Less Networks® with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Less Networks® all changes to this information within 30 days of the change. Customers are responsible for any charges to their account.
Customers having questions regarding charges to an account should contact Less Networks'® Customer Service Department by email at firstname.lastname@example.org. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. Less Networks® is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Less Networks® .
Delinquent accounts may be suspended or canceled at Less Networks'® sole discretion; however, charges will continue to accrue until the account is canceled and collection, late or other similar fees may be added. Less Networks® may bill an additional charge to reinstate a suspended account.
Customer's Account, Password, And Security
Upon registration, you will receive a username, password, and account identification number. You are the only authorized Customer of your Less Networks® < Free WiFi account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Less Networks® immediately upon discovering any unauthorized use of your account.
Usernames and passwords are Less Networks'® property and Less Networks® may alter or replace them at any time.
Monitoring The Services
Less Networks® has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Less Networks® , 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 Customers.
BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE.
Less Networks® grants to each Customer a limited, nonexclusive, nontransferable and nonassignable license to install and use the Software, its associated documentation, and any updates thereto ("Licensed Programs") solely for personal or internal business purposes, including accessing and utilizing the Services. Less Networks® may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to its Customers. This license does not entitle Customer to receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Licensed Programs.
You may not: (i) redistribute the Licensed Programs; (ii) permit other individuals to use the Licensed Programs; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the Licensed Programs; (iv) copy the Licensed Programs (except for back-up or archival purposes); (v) rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Licensed Programs; or (vi) remove any proprietary notices or labels on the Licensed Programs. Any such forbidden use shall immediately terminate your license to the Licensed Programs. You also agree to only use the Licensed Programs in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Programs, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
The Licensed Programs may automatically communicate with Less Networks'® servers on the Internet to check for updates to the Licensed Programs, such as bug fixes, patches, enhanced functions, and new versions. Less Networks® may automatically downloand and install updates when they are available. Automatically downloaded and installed updates are a part of the Licensed Programs. Although Less Networks® uses encryption technology to provide security for the auto update process, Less Networks® is not responsible for the failure of such security measures.
Title, ownership, rights, and intellectual property rights in and to the Licensed Programs shall remain in and with Less Networks® and/or its licensors. The Licensed Programs constitute confidential and proprietary information of Less Networks® and Less Networks'® licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Less Networks'® or its licensors' ownership of or rights with respect to the Licensed Programs. You agree, at your expense, to defend and hold Less Networks® and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Licensed Programs have injured or otherwise violated any right of any third party or violates any law.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Licensed Programs, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Licensed Programs or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Licensed Programs from the U.S.
This license will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Less Networks® to effect such termination. You also may terminate this license at any time by notifying Less Networks® in writing of termination, destroying all copies of the Licensed Programs or by returning all of such copies to Less Networks® . Upon any termination of this license, you shall immediately discontinue use of the Licensed Programs.
Disclaimer Of Warranties And Limitation Of Liability
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY LESS NETWORKS, LESS NETWORKS 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. LESS NETWORKS 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 AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LESS NETWORKS DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LESS NETWORKS MAKES NO EXPRESS WARRANTIES AND CUSTOMER 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 LESS NETWORKS OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND LESS NETWORKS DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY LESS NETWORKS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. LESS NETWORKS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, LESS NETWORKS' CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Web Site Usage
Our Web site on the World Wide Web at the domain "<www.lessnetworks.com>" or any other site operated by Less Networks® is a complimentary information service offered by Less Networks® at no charge to Customers. We may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Less Networks® of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
Your posting of material on the Web site or providing material to Less Networks® to use on the Web site will be deemed to be a grant by you to Less Networks® of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
Acceptable Use Policy
All Customer of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Less Networks® to liability or may violate this AUP. Less Networks® may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Less Networks® < Free WiFi account or other actions as detailed below.
The following constitute examples of violations of this AUP. You agree to not use the Services to:
(i) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(ii) harm, or attempt to harm, minors in any way;
(iii) impersonate any person or entity 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 material transmitted through the Services;
(iv) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available 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);
(v) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vi) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(vii) transmit any material (by uploading, posting, email or otherwise) 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;
(viii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(ix) 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;
(x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(xi) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
(xii) resell the Services without Less Networks'® authorization;
Less Networks® requests that anyone who believes that there is a violation of this AUP direct the information to: email@example.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
Less Networks® may take any one or more of the following actions, or other actions not listed, at Less Networks'® sole discretion in response to complaints: (i) issue warnings: written or verbal; (ii) suspend the Customer's account; (iii) terminate the Customer's account; (iv) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
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 terminate your account.
Except as noted in these Terms, all content included on this Web site, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of Less Networks® or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of Less Networks® is strictly prohibited.
Less Networks® is committed to complying with U.S. copyright law and expects all of our Customers to do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on this Web site infringes your copyright, you should notify Less Networks® of your copyright infringement claim in accordance with the following procedure.
Less Networks® will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Less Networks'® designated agent who is:
Less Networks, LLC.
P.O. Box 4721
Austin, TX 78765
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (i) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Less Networks® to locate the material; (iv) Contact information of the complaining party; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Less Networks® at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to Less Networks, LLC., Customer Service, P.O. Box 4721, Austin, TX 78765. Your termination will only be complete upon your receipt of a cancellation confirmation number from Less Networks® . If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.
Without prior notice, Less Networks® may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Less Networks® , in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. Less Networks® 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 of this Agreement relating to (i) your payment obligations, (ii) your account, password and security, (iii) disclaimer of warranties and limitation of liability and (iv) jurisdiction shall survive termination of this Agreement.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in Los Angeles, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Los Angeles, California with respect to such matters or otherwise between you and Less Networks® , and waive your rights to removal or consent to removal.
last updated June 2007