The Terms of Service in this Agreement (the “Agreement”) are entered into by and between the subscriber(“you,” “your” or “customer”) and Tidewater WiFi, the contracting supplier of Internet access Service (“Company,” “us” or “we”). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order/subscription; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the service.
ACCEPTANCE OF AGREEMENT. Use of Tidewater WiFi’s services and the access of your Internet account by you as a Tidewater WiFi and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use Tidewater WiFi’s service, including but not limited to access to the Internet, and continues until the service is terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
Google Terms of Service. As a Tidewater WiFi customer, you agree to the terms of servicethat are located at http://www.google.com/a/help/intl/en/users/terms.html
Tidewater WiFi Service. If you are a broadband customer, Tidewater WiFi will provide you with broadband access to the Internet with an accompanying Service Plan, subject to the terms and conditions set forth herein (the “service”). Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until the device(s) is (are) delivered and tested for a few weeks before assuming that service will be available and of good quality.
BACKHAUL SERVICE PROVIDER. Service is provided in conjunction with an underlying Backhaul Service Provider, which may be your local cellular provider. The Backhaul Service Provider retains the right to cancel the service before or after installation at its sole discretion at any time. The application of certain terms herein vary depending on whether the cellular service for a subscriber is provided by wireless service provider. Tidewater WiFi provides cellular access line for a subscriber by available Networks.
SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Tidewater WiFi relies on the information you supply and that providing false or incorrect information may result in additional fees, product/service delays or the suspension or termination of your service. You agree to promptly notify Tidewater WiFi whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.
GENERAL PRICING AND FEES. Tidewater WiFi’s prices are shown in the Pricing Schedule and you will be charged based on the plan and options you select during the ordering process. Subscriptions are offered on a month-to-month bases. Subscribers will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such monthly subscribers at the time of order. However, such monthly prices are subject at any time to increase to Tidewater WiFi’s then current prices.
In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against Tidewater WiFi by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. When possible, Tidewater WiFi will break out such charges on the monthly invoice.
SERVICE SETUP FEES AND SUBSCRIPTION FEES. Upon entering into this Agreement, a minimum setup fee (150 dollars ($150.00)) will apply to all subscribers. Service Setup fee is NOT a deposit for service nor is to purchase equipment. Equipment provided by Tidewater WiFi is owned by Tidewater WiFi and needs to be returned if service is terminated by either party or a non-returned equipment fee of 300 dollars may be charged for failure to return equipment.
PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any services unless specified in writing as part of a marketing promotion. There are no pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Tidewater WiFi Service Plans are prepaid only. Tidewater WiFi bills for services in advance. If a subscriber does not pay their monthly subscription fee, such sucbscriber may incur a LATE FEE of ten dollars ($10) and Tidewater WiFi may deny, discontinue, or otherwise suspend such customer’s service until full payment is received. Customers are responsible for any disputed charges beyond sixty (60) days from the date of the charge.
Any account which goes into collection status will be transferred to a third-party collection agency and might incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges, which the subscriber agrees to pay.
Subscribers might incur a twenty-five dollar ($25.00) charge on disputed credit card charges and credit card chargebacks.
BILLING. All billing is done electronically. All subscribers are enrolled in automatic billing. Customers will be charged automatically for each billing period on the first of the month with their selected payment method. Accepted payment methods include Visa, Mastercard, American Express, Discover. If you dispute a valid credit card charge levied by Tidewater WiFi, your account with Tidewater WiFi will be immediately disabled and you might be charged a twenty-five dollar ($25.00) service charge.
All billing disputes should be directed to the Billing Department. Any billing disputes done through a financial institution can result in the immediate cancellation of the account for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.
The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by Tidewater WiFi. Under no circumstances will Tidewater WiFi be held liable for fees incurred by the subscriber’s financial institution. Service will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid.
RATE CHANGES. Tidewater WiFi reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to email Tidewater WiFi a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and Tidewater WiFi, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
EQUIPMENT. Modems, routers, modem/routers, antennas, and cables supplied by Tidewater WiFi are the property of Tidewater WiFi. End users can provide their own equipment, but Tidewater WiFi will be unable to provide any technical support for end user provided equipment. In addition, Tidewater WiFi cannot guarantee that an end user provided equipment will work with Tidewater WiFi’s services.
SOFTWARE. In connection with our provision of the service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Tidewater WiFi or third party licensors, circuit providers, and suppliers, and which may be provided free or for a fee, including client and/or network security software (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the service and for no other purpose. The Software may be accompanied by an end user license agreement from Tidewater WiFi or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
TERM. This Agreement is effective as provided above and shall continue until terminated by the subscriber or Tidewater WiFi pursuant to this Agreement. Each new subscriber has 14 days to request a full refund for the total amount invested only if service does not work at subscribers location. New subscribers will also have a 90 day trial period after which customer will be locked into a 12 month term. If customer would like cancel while in the 12 month term a 350 dollar cancellation fee will apply.
TERMINATION BY SUBSCRIBER. Customers may terminate this Agreement at any time for any reason by providing Tidewater WiFi with a thirty (30) day notice in the form of a phone call or web form submission termination request as determined by Tidewater WiFi, and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Tidewater WiFi receives customer’s phone request, or other valid written termination request. A Monthly subscription termination will be effective on either (a) the last day of the current monthly billing cycle, or (b) thirty (30) days after the receipt of the phone or webform request.
Subscribers/customers can request cancellation via the following:
Via web at www.tidewaterwifi.net
Via phone at 443-282-1176
TERMINATION BY TIDEWATER WIFI. If, in Tidewater WiFi’s sole discretion, (a) a subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a subscriber’s use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service network, Tidewater WiFi’s and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a subscriber acts in an abusive or menacing manner when dealing with Tidewater WiFi’s technical support staff, customer service staff or any other Tidewater WiFi employees or representatives; (d) Tidewater WiFi receives an order from a court to terminate a subscriber’s service; or (e) Tidewater WiFi for any reason ceases to offer the service, then Tidewater WiFi at its sole election may terminate or suspend such subscriber’s service immediately without notice. For a termination in accordance with this paragraph, subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.
Additionally, any Internet activity, which references back to Tidewater WiFi or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to Tidewater WiFi or an account or service provided by Tidewater WiFi will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
TERMINATION BY BACKHAUL SERVICE PROVIDER. If, in the Backhaul Service Provider’s sole discretion, (a) a subscriber is in breach of the Acceptable Use Policy; (b) a customer’s use of the services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a subscriber acts in an abusive or menacing manner when dealing with The Backhaul Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Backhaul Service Provider receives an order from a court to terminate a subscriber’s service; or (e) the Backhaul Service Provider for any reason ceases to offer the service, then the Backhaul Service Provider at its sole election may terminate or suspend such subscriber’s service immediately without notice. For a termination in accordance with this paragraph, subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.
Additionally, any Internet activity, which references back to the Backhaul Service Provider or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Backhaul Service Provider or an account or service provided by the Backhaul Service Provider will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
TERMINATED SUBSCRIBER. Tidewater WiFi, in its sole discretion may refuse to accept a customer’s application for renewal following a termination or suspension of such customer’s use of service. If a customer’s service is terminated for any reason, such subscriber, upon approval by Tidewater WiFi, may enter into a new Agreement and must pay a new setup or activation fee when applicable. Upon the termination of a subscriber’s use of the service, Tidewater WiFi has the right to immediately delete all data, files and other information stored in or for the subscriber’s account without further notice to the subscriber.
SPEED OF SERVICE. Speed rate for the service depends upon the many RF factors and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Tidewater WiFi does not offer, disclose, or guarantee minimum speeds. All services are provided on an AS IS basis and throughput speeds are not guaranteed.
INSTALLATION. Tidewater WiFi does not provide professional installation for its products/services. If a subscriber requires a Professional Installation, it is the subscriber’s responsibility to hire a third-party technician. Faulty or malfunctioning equipment is not grounds for cancellation of your contract. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through Tidewater WiFi. Tidewater WiFi may not provide nor is responsible for any special equipment not purchased through Tidewater WiFi.
CUSTOMER OWNED EQUIPMENT. If a subscriber supplies their own equipment, which may include modems, routers, antennas, and/or cables, the subscriber assumes the risk of service incompatibility. Incompatible service equipment shall not relieve the subscriber from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if the subscriber’s service is down during such periods of troubleshooting.
LIMITATIONS OF SERVICE. If you have not purchased a dedicated subscription(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Tidewater WiFi reserves the right to disconnect users for excessive or exorbitant usage. Tidewater WiFi and the Backhaul Service Providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Tidewater WiFi’s policies. These parameters may be changed at any time at Tidewater WiFi’s discretion. If you require a dedicated connection, you should notify Tidewater WiFi.
The devices utilized by Tidewater WiFi to provide Internet services are engineered for certain download speeds and certain upload speeds. However, Tidewater WiFi cannot guarantee download speeds or upload speed if the Backhaul Service Provider, their facilities, or the customer’s service location are unable to support this connection speed.
TECHNICAL SUPPORT. Tidewater WiFi assumes that the subscriber has a basic understanding of their computer. Tidewater WiFi will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third-party Software. Tidewater WiFi is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the subscriber’s responsibility to initiate and be available for technical support during Tidewater WiFi’s hours of operation. If a subscriber wishes to utilize Tidewater WiFi’s technical support, he/she must be available to help troubleshoot the connection or computer setup. Tidewater WiFi does not provide on-site technical support. Subsriber understands and agrees that any technician or other person dispatched to troubleshoot his/her equipment/service is not an employee or agent of Tidewater WiFi and Tidewater WiFi is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.
IP ADDRESSES. Tidewater WiFi’s internet service relies on dynamic IP addresses. Tidewater WiFi may choose to assign any subscriber a new IP address at any time. Customers in need of static IP service must notify Tidewater WiFi prior to placing order for service through Tidewater WiFi. Static IP service may be offered via Tidewater WiFi or a third-party service provider. Tidewater WiFi is not responsible for third-party Static IP service providers.
ACCEPTABLE USE. Subscriber agrees to use the Internet Service in accordance with Tidewater WiFi’s published Acceptable Use Policy.
PRIVACY POLICY. Tidewater WiFi will treat each subscriber’s personal information in accordance with Tidewater WiFi’s published Privacy Policy. Customers and subscribers agree to the terms of the Privacy Policy. Tidewater WiFi reserves the right to make changes to the Privacy Policy without notice.
SENDING OUT BULK OR UNSOLICITED EMAIL. The use of your service to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of Tidewater WiFi.
RESALE OF SERVICES/SUBSCRIPTION. Customers are not permitted to resell or redistribute their subscription to other parties.
WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY Tidewater WiFi (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). Tidewater WiFi (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Tidewater WiFi OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Tidewater WiFi TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
TIDEWATER WIFI DOES NOT WARRANT OR GUARANTEE THAT INTERNET SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF Tidewater WiFi HAS ACCEPTED YOUR ORDER. THE PROVISIONING OF INTERNET SERVICE IS SUBJECT TO SERVICE AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, SERVICE LOCATION AND COVERAGE, THE CONDITION OF YOUR ANY WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR PREMISE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR Tidewater WiFi SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY Tidewater WiFi-PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. TIDEWATER WIFI SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY
TIDEWATER WIFI DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY Tidewater WiFi WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. Tidewater WiFi SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Tidewater WiFi MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. Tidewater WiFi MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICES, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, SUBSCRIPTION, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE SUBSCRIPTION, SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL TIDEWATER WIFI (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICES OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Tidewater WiFi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF Tidewater WiFi SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SUBSCRIPTION(EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY Tidewater WiFi OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING Tidewater WiFi’S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO Tidewater WiFi’S THIRD PARTY LICENSORS, AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH Tidewater WiFi (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Tidewater WiFi’S THIRD PARTY LICENSORS, Tidewater WiFi AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TIDEWATER WIFI RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SUBSCRIPTION.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS Tidewater WiFi (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING Tidewater WiFi (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF Tidewater WiFi (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
LINKS. Tidewater WiFi or third parties may provide links to websites other than https://www.TidewaterWiFi.net or other resources. Because Tidewater WiFi has no control over such websites and resources, you acknowledge and agree that Tidewater WiFi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Tidewater WiFi will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
INDEMNIFICATION. You agree to protect, defend, indemnify and hold harmless Tidewater WiFi from and against all liabilities, losses, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the service); (b) the use of the subscription, the services, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the subscription services); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the subscription, the service, the Software, the Equipment or the Internet.
REVISIONS. Tidewater WiFi may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the service) by posting such revisions to our website at https://www.Tidewater WiFi.com. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the service for subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the subscription services after revisions are in effect, a subscriber accepts and agrees to the revisions and to abide by them. Any subscriber who does not agree to the revision(s) must terminate their service immediately.
ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. Tidewater WiFi may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
CHOICE OF LAW. You agree that this service is governed by the Laws of the State/Province in which Tidewater WiFi resides. You agree that the County in which Tidewater WiFi is located shall be the forum for any legal action relating to the services provided.
COMPLIANCE. Tidewater WiFi’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
POLICY ENFORCEMENT. Tidewater WiFi reserves the right to take whatever actions we deem appropriate to enforce these policies. Tidewater WiFi also reserves the right to change these policies without prior notice at any time. The actions Tidewater WiFi takes may include account suspension or termination. Tidewater WiFi does not issue any credits for accounts cancelled due to policy violations. Tidewater WiFi reserves the right to refuse service to anyone at anytime for any reason.
THINGS BEYOND Tidewater WiFi’S CONTROL. Tidewater WiFi will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
ENTIRE AGREEMENT. This Agreement, including all policies posted on Tidewater WiFi’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Tidewater WiFi with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
NOTICE. Notices by Tidewater WiFi to you shall be deemed given: (a) when sent to your email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
DEFINITION OF COMPANY. As used in this Customer Use Agreement, the term the “Company” refers to Tidewater WiFi.
COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.