PalWiFI TERMS & CONDITIONS OF USE

Effective as of 09/06/2016

Thanks for joining the PalWiFi Community!

 

Together, we are building something great for all of us to enjoy. We, at Broadband Pulse, Inc., a Delaware corporation, offering the PalWiFi Service, are glad that you joined the movement to make free WiFi more readily available for more people who need affordable wireless data. By signing up, or otherwise using the PalWiFi service, websites, apps, and software applications (together, the “PalWiFi Service” or “Service”), you are entering into a binding contract with the Broadband Pulse entity indicated at the bottom of this document. The PalWiFi Service also includes the PalWiFi Support Community.

 

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. Together, these items are referred to as the “Agreements.”  If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on the PalWiFi.com website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the PalWiFi Service.

 

Please read the Agreements carefully. They cover important information about PalWiFi Services provided to you.

 

You agree that by clicking “Join Now”, “Join PalWiFi”, “Sign Up”, "Log In", or similar, registering, accessing or using our services, in any way,  (including PalWiFi, our related mobile apps, software applications, platforms, premium services, collectively, “Services”), you are entering into a legally binding agreement.

 

Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

 

In order to use the PalWiFi Service and access the network of free WiFi hotspots, you need to (1) be 13 or older, or have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to PalWiFi is true, accurate, and complete, and you agree to keep it that way at all times.

 

Changes to the Agreements:

 

Occasionally we may, at our sole discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us via our contact page.  Your use of the Service is subject to the most current version of the Terms posted on or through our Service at the time of such use.

 

Membership:

 

Membership Rules Pertaining to the Free WiFi Sharing Service: Your PalWiFi membership is free for your personal use. Your PalWiFi membership will continue until you terminate it. To use the PalWiFi service, you must have home Internet service (home broadband Internet service) that you contribute to the PalWiFi Community, and you must have a PalWiFi enabled device, and you must allow other PalWiFi members to occasionally use your PalWiFi enabled device in your home to access the Internet as your guests. By sharing your home Internet, you agree to allow other PalWiFi community members to occasionally use your PalWiFi ready device that is connected to your home Internet access connection, and serviced by the electricity in your home.

 

Membership Rules Pertaining to Premium Subscription Services: Your PalWiFi membership will continue until you terminate it. For PalWiFi premium subscription services, your membership will continue from month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month's membership fee to your Payment Method. To use the PalWiFi service you must have home Internet access and a PalWiFi ready device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with PalWiFi by visiting our App and clicking on “My Profile."

 

Notices and Service Messages:

 

You agree that we may provide notices to you in the following ways:  (1) a notification to you on the PalWiFi App, or (2) an email sent to an address you provided, or (3) through other means including text messaging to your mobile phone.  You agree to keep your contact information and your home address information, the location of where you use your PalWiFi enabled device, up to date.  You agree to use the “My Profile” page on the PalWiFi App to update any changes in your contact and address information.

 

Consumer Option to Share:

 

You agree that you, not Broadband Pulse, Inc., are entirely responsible for sharing your home Internet access network, which you make available for community sharing on, or through the PalWiFi Service (“Make Available”). You assume all risks associated with use of your home Internet network, including any reliance on security, privacy, and fraud protections made available by PalWiFi.

 

You acknowledge and agree that by accessing or using the PalWiFi Services, you may be exposed to networking community members who pose threats to your networking security and privacy and hereby do waive any legal or equitable rights or remedies you have or may have against Broadband Pulse, Inc., with respect thereto, and agree to indemnify and hold Broadband Pulse, Inc., its employees, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

 

Rules Governing Member Conduct:

 

As a member of the PalWiFi community sharing service, you agree to be a gracious host. When you are using the PalWiFi hotspots as a guest user, you agree to be respectful and treat other members’ property and facilities, as you would want your guests to treat your assets. In general terms, you agree to be a good “netizen”, use good judgment, and abide by the rules outlined below. And you also agree that when required by law enforcement agencies, PalWiFi will comply and provide the details necessary to identify the device you used, time of day of usage, and your identity to the authorities investigating potentially unlawful activity.

 

When you use the PalWiFi Service, you agree that you will not:

 

- undertake or accomplish any unlawful purpose, including without limitation by posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

 

- post, store, send, transmit, or disseminate any information or material, which a reasonable person could deem to be unlawful;

 

- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

 

- transmit unsolicited bulk or commercial messages commonly known as "spam;"

 

- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;

 

- access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

 

- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

 

- violate your Internet service provider’s rules or agreement.

 

Privacy Policy:

 

Self-Managed Authentication Credentials: You agree that you are held responsible for your own user identification (“UserID”) and password. You agree to safeguard your UserID and password. You agree to keep your password safe and confidential.  You agree that you are responsible for all activities using your UserID and password. You agree to immediately notify PalWiFi in the event that you become aware of unauthorized use of your self-managed authentication credentials - e.g. your UserID and password has been compromised.

 

User Managed Routers: For users using the PalWiFi App sharing service, we recommend that you create a Guest Network on your existing routers for sharing WiFi. Using the Guest Network feature of your existing router helps to isolate guest network traffic from your private network traffic. Local Area Network (LAN) isolation helps to prevent unwanted guest visibility and unwanted access to your private network resources.

 

Encryption: We use encryption technology to ensure the safekeeping of your private information in our cloud databases storing your login information. When we distribute your authentication credentials to PalWiFi hotspots, we use encryption technology. When you log on to PalWiFi hotspots, we employ encryption technology to safeguard the information transmitted between your personal devices and the PalWiFi access points.

 

Please refer to PalWiFi’s Privacy Policy at www.palwifi.com/privacy-policy to fully understand PalWiFi’s privacy practices.

 

PalWiFi Support Community:

 

The PalWiFi Support Community is a place for discussion and exchange of information, tips, and other materials related to the PalWiFi Service.  In order to use the PalWiFi Support Community, you must (1) have an existing PalWiFi membership account; and (2) authenticate your PalWiFi account for use in the Support Community (a “PalWiFi Support Account”).  Instructions for creating a PalWiFi Support Account can be found on the Support Community registration page.  In addition to the Agreements, you also agree to adhere to the PalWiFi Support Community Guidelines that you will be presented with upon registration for a PalWiFi Support Account.  If you do not agree to the Agreements or the Support Community Guidelines, you may not use the PalWiFi Support Community.

 

Internet Content and Third Party Content:

 

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.  Broadband Pulse, Inc. does not review content provided by our PalWiFi members.  You agree that we are not responsible for third parties’ (including other Members’) content, or information, or for any damages as result of your use of or reliance on it.

 

Termination Clause:

 

Broadband Pulse, Inc., the provider of PalWiFi Service, reserves the right, at any time, to terminate your use of the Service if you fail to comply in full with any term of the Terms and Conditions of Use (“the Terms”) or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms; or we are required to do so by Law or we have elected to discontinue the Service.

 

Indemnification:

 

You agree to indemnify, defend, and hold harmless Broadband Pulse, Inc., provider of the PalWiFi Service, (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and third party providers, agents, suppliers, distributors, licensors and associated businesses (and their respective officers, employees, agents, affiliates, contractors or representatives)) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from: (1) your breach of this Agreement; (2) any activity in which you engage on or through the PalWiFi Service; and (3) your violation of any law or the rights of a third party, including any Intellectual Property Rights. Your indemnification obligation shall survive your use of the Service.

 

CLASS ACTION WAIVER:

 

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BROADBAND PULSE, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Broadband Pulse, Inc. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

Limitations of Liability:

 

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PALWIFI SERVICE IS TO UNINSTALL ANY PALWIFI SOFTWARE AND TO STOP USING THE PALWIFI SERVICE. WHILE PALWIFI ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PALWIFI, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BROADBAND PULSE, INC., ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PALWIFI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PALWIFI HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BROADBAND PULSE, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PALWIFI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO PALWIFI DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. THIS LIMITATION WILL APPLY EVEN IF BROADBAND PULSE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Disclaimer of Warranties:

 

To the Maximum extent permitted by applicable law, the PalWiFi service is provided "as is" and without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, Non-infringement, merchantability or fitness for a particular purpose. In particular, our service may not be uninterrupted, secure or error-free. You waive all special and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

 

Notices:

 

Any notice provided to PalWiFi pursuant to the Terms should be sent to: legal@palwifi.com.

 

Entire Agreement:

 

Other than as stated in this section or as explicitly agreed upon in writing between you and PalWiFi, the Agreements constitute all the terms and conditions agreed upon between you and PalWiFi and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

 

Please note, however, that other aspects of your use of the PalWiFi Service may be governed by additional agreements. That could include, for example, access to the PalWiFi Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on PalWiFi’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

 

Assignment:

 

PalWiFi may assign the Agreements or any part of them, and PalWiFi may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

 

Controlling Law and Jurisdiction:

 

All matters relating to your access to, or use of, the Services shall be governed by the Laws of the State of California, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against PalWiFi must be resolved by a court located in Santa Clara County, California, United States of America except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

 

Severability and Waiver:

 

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by PalWiFi or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive PalWiFi’s or the applicable third party beneficiary’s right to do so.

 

Contact Us:

 

If you have any questions concerning the PalWiFi Service or the Agreements, please contact PalWiFi customer service by visiting the Contact Us section of our website.

 

Thank you for reading our Terms.  

 

We hope you enjoy PalWiFi!