Terms of service
Feather Service Agreement (For Feather Free, Occasional Use, and Monthly Wi-Fi Service)
Version FEA2007.7 - Effective 7/30/2007
READ THIS AGREEMENT CAREFULLY BEFORE USING FEATHER WI-FI SERVICES.
1. AGREEMENT
This is an agreement between EarthLink, Inc. (d/b/a Feather) and you to provide certain wireless internet access ("the Service"). By registering for Feather, using the Service, using any Feather network resources or indicating agreement through software or a website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current Acceptable Use Policy and all other relevant EarthLink or Feather policies. The most recent versions of the agreements and policies for Feather Wi-Fi Services may be found at http://www.feather.com/tos.
2. THE SERVICE
The Service consists of registered wireless internet access and related services through certain access points. It is not available everywhere. The cost of the service varies depending on your location and access time purchased. The paid service starts immediately upon registration and runs continuously until the designated time has elapsed. Certain locations provide free conditional access.
Feather reserves the right to change prices or features of the Service at any time. Current Service prices and features may be obtained by visiting the Feather website http://www.feather.net or by calling (866) WIFI-CITY (866-943-4248). From time to time, Feather may impose reasonable rules and regulations regarding the use of the Services.
The Service speed and quality can vary depending on your location, your hardware, Internet traffic, and other factors beyond the control of Feather. Feather does not guarantee upload or download speeds. The Service may limit the amount of data that you can upload and/or download during your use. If you exceed the bandwidth limit associated with the Service, Feather may terminate access. Feather reserves the right to timeout inactive connections.
Phone technical support is available to paid customers only. All users may access our technical support website available at http://www.feather.com/support. Feather technical support may be limited to Feather services, software and/or unmodified hardware.
Contact Feather for more information:
Feather Wireless Internet
c/o EarthLink, Inc.
1375 Peachtree Street
Level A
Atlanta, GA 30309
(866) 943-4248
3. ACCOUNT REQUIREMENTS
You must register with Feather via the Feather Wi-Fi site to use the Service. The Service is for individuals that are at least 18 years old. You must provide accurate information including legal name, address and telephone number and report any changes to this information immediately. You may have to provide a valid and current credit card or other form of payment. Your computer may have to meet certain minimum requirements, which may be found on the Feather homepage at: http://www.feather.com/support.
4. PAYMENT
You are responsible for all use and all charges for the Service. You will be charged immediately for prepaid service. Access fess will be billed to your credit card as applicable and any additional usage, services, taxes and fees. You agree to pay all taxes, surcharges, and fees, including those set by the government. We may not always give advance notice of changes to these items.
Feather does not provide refunds for full or partial use of the Service under any circumstances. Paid access to the Service will cease as soon as your prepaid time runs out. Questions regarding charges to an account should be directed to Feather's Customer Service Department at (866) 943-4248. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Feather may terminate this Agreement, your password, your account, or your use of the Feather Services for any reason, including, without limitation, if Feather, in its sole discretion, believes you have violated this Agreement, violated the Acceptable Use Policy or if you fail to pay any charges when due. Sections 4, 5, 6, 7, 8 and 9 of this Agreement shall survive termination of this Agreement.
5. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a login name, password, and other account information. You are the only authorized user of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify Feather immediately upon discovering any unauthorized use of your account. Feather services are not automatically encrypted or secure. You are solely responsible for the safety and security of your connection to the Service. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone.
6. MONITORING THE SERVICES
Feather has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Feather, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy. Feather may immediately remove your material or information from Feather's servers, in whole or in part, which Feather, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.
7. DISCLAIMERS AND WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FEATHER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. FEATHER 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 FEATHER OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY FEATHER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. FEATHER 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, FEATHER'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
FEATHER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; 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 FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF FEATHER, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST FEATHER IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
8. JURISDICTION
California residents are entitled to the following information:
* The Service is provided by EarthLink, Inc. d/b/a Feather, 1375 Peachtree Street, Atlanta, Georgia 30309. Phone: (800) 890-6356
* Charges vary depending of the type of service. Current pricing may be obtained From our website: www.feather.net. Feather reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
* Complaints and questions about the service should be directed to Feather Customer Service at (866) WIFI-CITY (866-943-4248). The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.
* Actions arising from this agreement may be brought in an appropriate California small claims court.
This Agreement is governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law and will be held in Atlanta, Georgia. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.
9. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and Feather's other Agreements and policies posted on Feather's Web site constitute the entire agreement between you and Feather with respect to your use of the Service. Feather may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Feather's Web site: (http://www.feather.net) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Feather.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of Feather, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Feather will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Feather as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. Feather may subcontract any work, obligations or other performance required of Feather under this Agreement without your consent.
You shall indemnify and hold Feather harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Feather may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and Feather's other agreements and policies and for any act or omission of you or your clients which are in any way related to the Service.
Version FEA2007.7
Effective 7/30/2007
