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| Terms & Conditions |
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| Terms, Conditions, and Notices. |
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AGREEMENT BETWEEN CUSTOMER AND Ovation Networks, INC
The Service consists of providing a wireless or high speed
internet connection to authorized users.
This Service is offered to you, the customer, conditioned on your acceptance wit
hout modification of the terms, conditions, and notices contained herein. Your u
se of this Service constitutes your agreement to all such terms, conditions, and
notices.
SECURITY OF YOUR ACCESS AND USE
Due to the nature of wireless LAN and High Speed Internet Access networks, contr
ol of physical access to the network cannot be ensured. In the case of wireless
networks, unlike a wired network where a physical connection is required, anyone
within range of a wireless access point can conceivably send and receive frames
as well as listen for other frames being sent, making eavesdropping and remote
sniffing of wireless LAN frames very easy. In addition, under certain circumstan
ces, third parties could access your computer without your permission while it i
s connected to the network.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Service is for your personal, noncommercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create deri
vative works from, transfer, or sell any information, software, products or serv
ices found on, or obtained from, this Web site.
LIABILITY DISCLAIMER
THESE SERVICES AND THE MATERIALS FOUND ON THIS WEBSITE ARE PROVIDED "AS IS" WITH
OUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EX
PRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARR
ANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS
FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF
IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SKY HIGH SPEED, I
NC. FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TE
XT, GRAPHICS, LINKS OR OTHER ITEMS ACCESSIBLE HEREBY OR CONTAINED WITHIN THE MAT
ERIALS, OR SECURITY OF THE ACCESS OR SERVICE. SKY HIGH SPEED, INC. MAY MAKE CHA
NGES TO THE SERVICE, MATERIALS, OR THE PROGRAMS, POLICIES OR OTHER INFORMATION D
ESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. SKY HIGH SPEED, INC. MAKES NO COMMI
TMENT TO UPDATE THE MATERIALS, MAINTAIN THE SERVICE, OR ITS QUALITY.
IN NO EVENT SHALL SKY HIGH SPEED, INC. AND/OR ITS SUBSIDIARIES OR AFFILIATES BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOE
VER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT
, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF SKY HIGH SPEED,
INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICT
IONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCI
DENTAL DAMAGES, THE ABOVE LIMITATION MAY PRESENTLY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you warrant to Ovation Networks, Inc.
that you will not use this Service for any purpose that is unlawful or prohibite
d by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
SCH Web sites may contain hyperlinks to Web sites operated by parties other than
Ovation Networks, Inc. Such hyperlinks are provided for your reference only.
Ovation Networks, Inc. does not control such Web sites and is not responsible for the
ir contents. The inclusion of hyperlinks to such Web sites does not imply any en
dorsement of the material on such Web sites or any association with their operat
ors.
CHANGES TO THIS AGREEMENT
Ovation Networks, Inc. may at any time in its sole discretion modify the Service o
r the terms of access to this Site. Your continued use of the Site following any
such modification, shall be deemed acceptance of such modification.
GENERAL
Any claim relating to this Agreement, the Materials, or the Service shall by gov
erned by the laws of the State of Georgia, United States of America, exclusive o
f the choice of law rules thereof. This Agreement constitutes the entire agreeme
nt of the parties with respect to the subject matter hereof and supersedes all p
rior oral and written agreements. No failure or delay on the part of Ovation Networks
, Inc. in exercising any right or remedy hereunder or enforcing the terms and
conditions of this Agreement will operate as a waiver thereof. If any part or p
rovision of this Agreement is found to be invalid, unenforceable or void, then t
he remaining portion shall remain in full force and effect. Headings are for con
venience only and not for use in interpretation of this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Ovation Networks, Inc. as a result of this agreement or us
e of the Service.
Fictitious names of companies, products, people, characters, and/or data mention
ed herein are not intended to represent any real individual, company, product, o
r event.
Any rights not expressly granted herein are reserved.
USE OF THE SERVICE AND ACCESS TO THE WEB SITE
The Service is provided solely for you to make legitimate, personal use of the i
nternet and for no other purposes. You warrant that you are at least 18 years of
age and possess the legal authority to enter into this agreement and to use the
Service in accordance with all terms and conditions herein. You agree to be fin
ancially responsible for all of your use (as well as for authorized use of your
account by others). You agree to supervise all usage by minors of this Service s
ite under your name or account. You also warrant that all information supplied b
y you in using this Service is true and accurate.
You agree to abide by the terms or conditions of purchase imposed, including, bu
t not limited to, payment of all amounts when due and compliance with all rules
and restrictions regarding availability of rates, products, or services. You sha
ll be completely responsible for all charges, fees, duties, taxes, and assessmen
ts arising out of the use of this Service or accessing any Web site by way of th
e Service.
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