FREEFI NETWORKS TERMS OF USE, END-USER LICENSE AGREEMENT & PRIVACY POLICY
Updated: November 1, 2007
1. THIS IS AN AGREEMENT BETWEEN YOU AND FREEFI NETWORKS.
This
is an agreement ("Agreement") between you and FreeFi Networks, Inc.
("FreeFi"). This Agreement governs your use of the FreeFi service.
FREEFI NETWORKS OFFERS A FREE PUBLIC WIRELESS INTERNET ACCESS SERVICE
TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS
AGREEMENT. NOTE THAT THE FREEFI SERVICE IS ADVERTISER-SUPPORTED MEANING
THAT WHEN YOU USE THE SERVICE ADVERTISEMENTS WILL BE DISPLAYED ON YOUR
INTERNET ACCESS DEVICE (PERSONAL COMPUTER, PDA, GAMING DEVICE, WIRELESS
PHONE, ETC.) SUCH ADVERTISING MESSAGES ARE ONLY DISPLAYED WHEN YOU ARE
CONNECTED AT A FREEFI WI-FI ZONE. THIS IS NOT TO BE CONSIDERED ADWARE
OR SPYWARE. YOUR USE OF THE FREEFI SERVICE CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES
AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See
Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW FREEFI NETWORKS MAY MODIFY THIS AGREEMENT.
FreeFi
Networks reserves the right to change the terms, conditions, and
notices including. You are responsible for regularly reviewing these
terms, conditions and notices, and any additional terms posted on the
FreeFi web page. Your continued use of the FreeFi service after the
effective date of such changes constitutes your acceptance of and
agreement to such changes.
3. ADDITIONAL TERMS.
Any
FreeFi service may itself contain additional terms (for example, codes
of conduct or guidelines) that further govern use of that service,
including without limitation, particular features or offers (for
example, sweepstakes). If any terms contained in this Agreement
conflict with any terms contained within the FreeFi service, then the
terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE FREEFI SERVICE.
The
FreeFi Networks service is only for your personal use and should not be
used commercial purposes. You will not use the FreeFi Networks in any
way that is unlawful, or harms FreeFi Networks, its affiliates,
resellers, service providers and/or suppliers (each, a "FreeFi Networks
Party" and collectively, the "FreeFi Networks Parties") or any customer
of a FreeFi Networks Party, as determined in FreeFi Networks' sole
discretion. FreeFi Networks may tell you about certain specific harmful
uses in a code of conduct or other notices available through the FreeFi
Networks website, but has no obligation to do so. You may not use the
FreeFi Networks in any way that breaches any code of conduct, policy or
other notice applicable to the FreeFi Networks. Without limiting the
generality of this section, you may not use the FreeFi Networks in any
manner that could damage, disable, overburden, or impair the FreeFi
Networks service (or the network(s) connected to it) or interfere with
any other party's use and enjoyment of the FreeFi Networks service.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY.
Without
limiting the generality of Section 4, you will not use the FreeFi
Networks service to transmit, either directly or indirectly, any
unsolicited bulk e-mail or unsolicited commercial e-mail. You will not
use FreeFi Networks in any way that violates the FreeFi Networks
Anti-Spam Policy contained herein. A breach of any part of the
Anti-Spam Policy is a breach of this Agreement. FreeFi Networks may use
filtering technology or other measures in its efforts to stop
unsolicited bulk e-mail and unsolicited commercial e-mail, and if your
use of the FreeFi Networks includes e-mail related services, then such
filtering technology or other measures may block, either temporarily or
permanently, some e-mail sent to you through the FreeFi Networks even
if such e-mail does not violate the Anti-Spam Policy.
6. SOFTWARE
Your
use of any software associated with the FreeFi Networks will be
governed by the terms and conditions of the End User License Agreement
("EULA") integral within this Agreement. FreeFi Networks grants to you
a non-exclusive, revocable, personal, non-transferable license to use
such software solely in connection with FreeFi Networks and in
accordance with this Agreement. FreeFi Networks reserves all rights to
such software not expressly granted to you in this Agreement. Such
software is protected by copyright and other intellectual property laws
and treaties. FreeFi Networks or its suppliers own the title,
copyright, and other intellectual property rights in such software, and
such software is licensed, not sold. You will not disassemble,
decompile, or reverse engineer, such software, except and only to the
extent that such activity is expressly permitted by applicable law.
FreeFi Networks may automatically check your version of such software
and may automatically download upgrades to such software to your
computer to update, enhance and further develop the FreeFi Networks.
7. INFORMATION AVAILABLE FROM FREEFI NETWORKS.
FreeFi
Networks and its suppliers do not warrant or guarantee the accuracy or
timeliness of any information available from the FreeFi Networks.
FreeFi Networks and its suppliers do not authorize the use of
information available from the FreeFi Networks including stock quotes,
real estate listings or other financial information, for any purpose
other than your personal use, and prohibit to the maximum extent
allowable the resale, redistribution, and use of this information for
commercial purposes. FreeFi Networks does not endorse or recommend any
particular product or service, including financial products or
services. Nothing contained in the FreeFi Networks is intended to
constitute professional advice, including but not limited to,
investment or tax advice.
8. FREEFI NETWORKS MAKES NO WARRANTY.
FREEFI
NETWORKS PROVIDES ITS SERVICE "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, FREEFI NETWORKS MAKES NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FREEFI NETWORKS
PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS,
STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT (2) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3)
WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE FREEFI NETWORKS
WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT
EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN
NO EVENT WILL ANY FREEFI NETWORKS PARTY BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE FREEFI NETWORKS SERVICE, EVEN IF
SUCH FREEFI NETWORKS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3)
NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU
ARE DISSATISFIED WITH THE FREEFI NETWORKS SERVICE, YOU DO NOT AGREE
WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY FREEFI NETWORKS PARTY WITH RESPECT TO THIS
AGREEMENT OR THE FREEFI NETWORKS, THEN YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE FREEFI NETWORKS SERVICE.
10. CHANGES TO THE FREEFI NETWORKS; ADDITIONAL LIABILITY LIMITATION.
THE
FREEFI NETWORKS PARTIES MAY CHANGE THE FREEFI NETWORKS SERVICE OR
DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. AS YOU USE
THE FREEFI NETWORKS SERVICE, YOU SHOULD EXPECT TO RECEIVE, ACCESS OR
USE INFORMATION, MATERIALS, GRAPHICS, SOFTWARE, DATA AND CONTENT
(COLLECTIVELY, "CONTENT") ORIGINATED BY FREEFI NETWORKS AND PERSONS
OTHER THAN FREEFI NETWORKS (ANY SUCH PERSON IS REFERRED TO AS A "THIRD
PARTY"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU
ACKNOWLEDGE AND AGREE THAT FREEFI NETWORKS ARE NOT RESPONSIBLE OR
LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY
INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY
CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT FREEFI
NETWORKS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE FREEFI
NETWORKS SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE FREEFI NETWORKS
AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR
FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH FREEFI NETWORKS
SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF
ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY
SERVICES AVAILABLE FROM FREEFI NETWORKS OR THIRD PARTIES THOUGH LINKS
CONTAINED ON THE FREEFI NETWORKS SERVICE. THE LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO
DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER
APPLICABLE LAW.
11. TERMINATION OF SERVICE; ACCESS RESTRICTION.
FreeFi
Networks may terminate this Agreement, or terminate or suspend your
access to the FreeFi Networks at any time, with or without cause, with
or without notice. Upon such termination or suspension, your rights to
use the FreeFi Networks service will immediately cease.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
Claims
for enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the State of
California, without reference to conflict of laws principles. All other
claims, including, without limitation, claims under or for violation of
consumer protection laws, unfair competition laws, and in tort, will be
adjudicated under the laws of your state of residence in the United
States, or, if you reside outside the United States, under the laws of
the country to which the subject FreeFi Networks services are directed.
If this Agreement is with FreeFi Networks , Inc., you irrevocably
consent to the exclusive jurisdiction and venue of state or federal
courts in Los Angeles County, State of California, United States of
America in all disputes arising out of or relating to the use of the
FreeFi Networks. If this Agreement is with a FreeFi Networks affiliate,
you hereby consent to the exclusive jurisdiction and venue of the
courts located in the place of incorporation for such FreeFi Networks
affiliate in all disputes arising out of or relating to the use of the
FreeFi Networks.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If
any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of this Agreement will continue in effect. FreeFi Networks may assign
this Agreement, in whole or in part, at any time with or without notice
to you. You may not assign this Agreement, or assign, transfer or
sublicense your rights. Except as expressly stated herein, this
Agreement constitutes the entire agreement between you and FreeFi
Networks with respect to the FreeFi Networks service and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and FreeFi Networks with
respect to the FreeFi Networks.
14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All
contents of FreeFi Networks are Copyright © 2007 FreeFi Networks, Inc.
6355 Topanga Canyon Blvd., Suite 340, Woodland Hills, California U.S.A.
and/or its suppliers. All rights reserved. FreeFi Networks, FreeFi logo
and/or other FreeFi Networks products and services referenced herein
may also be either trademarks or registered trademarks of FreeFi
Networks, Inc. in the United States of America. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners. Any rights not expressly granted herein are
reserved.
15. PRIVACY POLICY.
This privacy statement discloses the privacy practices and anti-spam policy for FreeFi Networks, Inc. ("FreeFi").
Information Collection and Use
FreeFi
Networks is the sole owner of the information collected on this site.
We will not sell, share, or rent this information to others in ways
different from what is disclosed in this statement. FreeFi may collect
information from our users for our own use. At no time will data
traceable to any individual be shared with any third party either in
whole or in part.
Cookies
A
cookie is a piece of data stored on the advertisers' and publishers'
hard drive containing information about the advertisers and publishers
Internet Protocol (IP) address. Use of a cookie is in no way linked to
personally identifiable information. For instance, by setting a cookie
on our site, the user would not have to log in a password more than
once, thereby saving time while using the Service. If users reject the
cookie, they may still use the FreeFi service. Cookies may also enable
us to track and target the interests of our advertisers and publishers
to enhance the experience on our site. We may use IP addresses to
analyze trends, administer the site, track movements and actions by
users, and gather broad demographic information for aggregate use. IP
addresses are not linked to personally identifiable information.
Sharing
We
currently do not share aggregated demographic information. However, we
reserve the right to do so in order to enhance our service offering or
other information that would assist our advertisers. This information
will not be linked to any personal information that can identify any
individual person and contracts between FreeFi and advertisers will
prohibit the use of personally identifiable information other than for
providing such services. If FreeFi Networks chooses to change this
policy with respect to sharing, the Company will not do so
retroactively and will update our Privacy Statement to reflect this
change.
Links
This
web site may contain links to other web sites. Please be aware that
FreeFi is not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and
to read the privacy statements of each and every web site that collects
personally identifiable information. This privacy statement applies
solely to information collected by FreeFi Networks.
From
time-to-time FreeFi Networks may request information from users via
surveys. Participation in these surveys is voluntary, and users have
control over whether or not to disclose any information requested in
the survey. Survey Information requested may include contact
information and/or demographic information, and will be used for
purposes of monitoring or improving the use, and satisfaction of the
Service. If we decide to change our privacy policy, we will post those
changes on our homepage so our users are aware of what information we
collect, how we use it, and under what circumstances, if any, we
disclose it. Users will have a choice as to whether or not we use their
information in this different manner. We will use information in
accordance with the privacy policy under which the information was
collected.
Anti-Spam Policy
FreeFi
Networks will not transmit, either directly or indirectly, unsolicited
bulk e-mail or unsolicited commercial e-mail. Users of the FreeFi
Service are advised not to use the service for this purpose as this
constitutes a breach of the FreeFi End-User License Agreement ("EULA")
and is cause for termination of their access rights to the service.
FreeFi Networks may use filtering technology or other measures in its
efforts to stop unsolicited bulk e-mail and unsolicited commercial
e-mail.
Unsecured Connection
FreeFi
operates free, public Wi-Fi zones in an open wireless mode. To protect
your computer and data you are advised to utilize a personal firewall,
turn off file sharing and ensure your Internet websites are https
enabled for secure transactions.
Copyright 2008. All rights reserved FreeFi Networks, Inc. www.freefinet.com