XOOMLINK - Your Link to the Internet

Xoom Link Policies:

Xoom Link Internet Acceptable Use Policies

(customer service agreement) 5/1/2011

Xoom Link Wireless Internet Service (hereinafter 'XOOM') is an Internet Access service provided by Xoom Link, LLC and/or its subsidiaries, affiliates or assigns (collectively 'Xoom Link'), subject to the terms and conditions of this Xoom Link Internet Access Subscription Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Subscriber") and Xoom Link with respect to XOOM. XOOM LINK RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE 'SUPPORT' (http://www.xoomlink.net/support) AREA TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF XOOM AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect on the date on which you accept this Agreement and continues until your XOOM subscription is terminated either by you or by Xoom Link.
Index
1. Essentials of Your Subscription
2. XOOM Acceptable Use Policy
3. Charges and Billing
4. Operation
5. Installation/Equipment
6. Disclaimers/Limitation Of Liability.
7. Indemnification
8. Notices; Consent
9. No 'Spam'; Damages
10. General

1. Essentials of Your Subscription
1.1 You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use XOOM in accordance with this Agreement. You may terminate your XOOM subscription at any time, with or without cause, upon notice to Xoom Link; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If you are participating in any trial period offer, you must terminate your subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges. Xoom Link may terminate or suspend your XOOM subscription at any time, with or without cause, with or without notice. Your XOOM subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement.
1.3 You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your XOOM account.
1.4 You acknowledge and agree that the party being billed for your XOOM subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the subscriber account and all Associated Accounts at any time, make changes to your subscriber account information and Associated Accounts and to request and receive usage information related to such accounts.
1.5 You acknowledge and agree that XOOM connectivity is limited to normal usage patterns and that Xoom Link may take action to limit usage of customer access if customer usage is deemed to be excessive, actions may include limiting speed of connection, limiting number of simultaneous sessions or termination of service.
2. XOOM Acceptable Use Policy
2.1 As a condition of your use of XOOM, you warrant to Xoom Link that you will use the service in accordance to the Acceptable Use Policy of Xoom Link. Click here or visit http://www.xoomlink.net/support and click on the Acceptable Use Policy link for complete detail.
3. Charges and Billing
3.1 You agree to pay all charges for your use of XOOM at the prices then in effect for your particular service plan including, but not limited to, any charges for optional, installation and premium services. Certain services may require the payment of additional fees (including, without limitation, set-up, repair, additional equipment, missed appointment, line maintenance, upgrade and repair, initial activation and reactivation, transfer and relocation) and you agree to pay such fees at the prices then in effect as specified for such service to either Xoom Link or its designated service provider. You agree that Xoom Link may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Certain XOOM promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All XOOM charges are exclusive of sales or other taxes. XOOM charges, if applicable, will be subject to sales or other taxes as appropriate. Xoom Link reserves the right to modify or terminate subscription plans, change prices, or institute new charges for XOOM at any time with at least thirty (30) days' notice to Subscribers. In the event your subscription is terminated you are responsible for all charges submitted prior to the termination of your account whether by you or by Xoom Link.
3.2 All periodic charges (such as monthly, quarterly, annually) or charges for prepaid plans are to be paid in advance, or at the time billed by Xoom Link, as specified for the XOOM plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by Xoom Link. Your non-termination or continued use of XOOM reaffirms that Xoom Link is authorized to charge your account as specified by you (your 'Designated Account'). You agree that Xoom Link may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Xoom Link may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.
3.3 You agree that Xoom Link may submit charges or throttle speeds for your use of connect time or bandwidth usage in excess of that provided as part of the XOOM subscription plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your XOOM subscription plan. Such notice will not affect charges submitted before Xoom Link reasonably could act on your notice.
3.4 You must promptly notify Xoom Link of changes to: (a) the account number, status, or expiration date of your Designated Account; (b) your billing address; (c) telephone number; and, (d) last name changes. You remain responsible for all charges to your account in the event your designated account is changed.
3.5 YOU WILL INCUR ADDITIONAL CHARGES AND OR HAVE THROTTLED SPEEDS IF YOUR USAGE OF XOOM EXCEEDS THE AMOUNT OF BANDWIDTH (TOTAL DATA TRANSMITTED AND RECEIVED) COVERED BY YOUR APPLICABLE SUBSCRIPTION.
3.6 Xoom Link will use reasonable commercial efforts to provide you with an electronic or online statement of charges; however, any failure of Xoom Link to provide you with an electronic or online statement does not affect your responsibility to pay any incurred charges. Unless you notify Xoom Link of any errors or discrepancies in any billing within thirty (30) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE XOOM LINK FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO XOOM LINK WITHIN THIRTY (30) DAYS OF ITS PUBLICATION DATE.
3.7 Without limiting anything else in this Agreement, Xoom Link reserves the right to suspend or terminate your XOOM subscription without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Xoom Link when Xoom Link in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Xoom Link. You agree to pay a late charge to Xoom Link on all amounts due but not timely paid. All delinquent accounts will be charged interest at the rate of 1.5% per month (18% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid. Xoom Link reserves the right to refer your XOOM account to a third party for collection in the event of default. In the event any balance is not paid as agreed and is sent to collections, the undersigned agrees to pay a collection fee equal to 30% of the unpaid balance. In the event legal action becomes necessary to collect the unpaid balance, the undersigned further agrees to pay all reasonable attorneys fees and court costs.
3.8 XOOM Subscribers must contact Xoom Link Customer Service directly to cancel their existing XOOM accounts.
3.9 Xoom Link reserves the right to limit the number of XOOM Internet Access accounts billed to any particular Designated Account.
4. Operation
Xoom Link reserves complete and sole discretion with respect to the operation of XOOM. Xoom Link may, among other things: (a) take any action (legal and/or technical) that Xoom Link deems appropriate to prevent bulk e-mail from entering or leaving any XOOM e-mail account and the network e-mail system; (b) delete e-mail if it has not been accessed by you within a time established by Xoom Link from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to the Xoom Link Privacy Statement, make available to third parties information relating to XOOM and its subscribers and members; (e) withdraw, suspend, change, or discontinue any functionality or feature of XOOM; (f) delete attachments due to potentially harmful materials included within such attachment ; and, (g) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. The amount of e-mail and instant message storage space per subscriber may be limited, therefore some e-mail and instant messages may not be processed due to space constraints. You agree that Xoom Link is not responsible or liable for the loss, deletion or failure to store or accept messages or other information.
5. Installation/Equipment
You acknowledge and agree that Xoom Link or its designated service provider may be required to access your premises and/or computer in order to install or repair the components necessary for you to access certain services, this may include opening your computer to install, repair or replace equipment and/or installing software on your computer or in your location. By accepting the Agreement you are hereby authorizing Xoom Link or its designated service providers to access your computer for the purpose of installing, repairing or replacing the components needed to access such services. You are solely responsible for ensuring that all information and software embodied on your computer is stored or backed up appropriately as necessary, Xoom Link and its designated service providers shall have no liability whatsoever for any losses resulting from such services, including, without limitation, damage to your premises, loss of software, data or other information from your computer or for any modifications made to your computer system including modifications or deletion of files. Time frames for installations, if provided, are not guaranteed and may vary based on the types of services requested and based on provisioning and billing arrangements with the designated service providers. XOOM LINK MAINTAINS OWNERSHIP OF RENTED EQUIPMENT: All equipment rented by you from Xoom Link including antenna, dish if used and other related hardware are the property of Xoom Link. You agree to keep equipment in good working condition and to pay Xoom Link equivalent to the full purchase price or the cost to repair, whichever is less, for any damaged equipment. Before cancellation of service you will return all equipment rented by you to Xoom Link. You agree to pay equivalent to the full purchase price plus the cost to recover any equipment not returned to Xoom Link before cancellation of XOOM. In any event that Xoom Link feels its' equipment is at risk you authorize Xoom Link to enter your premise and remove such equipment without prior notification.
6. Disclaimers/Limitation Of Liability
You specifically agree that Xoom Link shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using XOOM. You specifically agree that Xoom Link is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Xoom Link is not responsible for any content sent using and/or included in XOOM by you or any third party.
YOUR USE OF XOOM, ALL EQUIPMENT OR SOFTWARE PROVIDED BY XOOM LINK OR ITS DESIGNATED SERVICE PROVIDERS, AND XOOM SERVICES (INCLUDING INSTALLATION SERVICES) IS AT YOUR OWN RISK. XOOM LINK, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, SPEED, AND ACCURACY OF XOOM FOR ANY PURPOSE. XOOM AND ALL RELATED EQUIPMENT, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. XOOM LINK, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF XOOM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS XOOM AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE XOOM SERVICE OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. XOOM LINK, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO XOOM AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL XOOM LINK, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF XOOM, ANY XOOM SOFTWARE, XOOM SERVICES (INCLUDING INSTALLATION SERVICES), RELATED EQUIPMENT OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE XOOM, ANY XOOM SOFTWARE, RELATED EQUIPMENT OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (INCLUDING INSTALLATION SERVICES), LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL OR OTHER CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH XOOM, OR OTHERWISE ARISING OUT OF THE USE OF XOOM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XOOM LINK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
XOOM LINK' LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO XOOM LINK FOR ACCESS TO AND USE OF XOOM. YOU HEREBY RELEASE XOOM LINK FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF XOOM, OR WITH ANY OF THESE TERMS OF USE, AND IF YOUR ACCOUNT IS NOT PART OF A GROUP ACCOUNT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A XOOM ACCOUNT OR TO TERMINATE YOUR XOOM ACCOUNT (WHICH MAY RESULT IN TERMINATION FEES IF APPLICABLE TO YOUR PARTICULAR SERVICE PLAN).
7. Indemnification
You agree to indemnify and hold Xoom Link, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on XOOM. Xoom Link will notify you within a reasonable period of time of any claim for which Xoom Link seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Xoom Link' interests, as reasonably determined by Xoom Link.
8. Notices; Consent
Notices given by Xoom Link to you may be given by e-mail, by a general posting on http://www. xoomlink.net, by telephone, or by postal mail. Notices given by you to Xoom Link must be given by e-mail via [email protected], or by postal mail. Notices to Xoom Link by postal mail must be sent to Xoom Link, Attention: Customer Service, 10400 Overland Rd. #232, Boise, ID 83709.
9. No 'Spam'; Damages
Xoom Link may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Xoom Link liquidated damages of five dollars (U.S. $5.00) for each piece of 'spam' or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Xoom Link' actual damages, to the extent such actual damages can be reasonably calculated. You agree that Xoom Link may charge such damages to your Designated Account as specified by you for payment of XOOM charges.
10. General
10.1 Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Idaho, USA, and you consent to the exclusive jurisdiction and venue of courts in Ada County or Canyon County, Idaho for all disputes arising out of or relating to your use of XOOM or your XOOM subscription.
10.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Xoom Link as a result of your use of XOOM or your XOOM subscription. You agree not to represent yourself to be a representative, agent, or employee of Xoom Link and that Xoom Link will not be liable by reason of any representation, act or omission to act by you.
10.3 Xoom Link reserves the right to disclose any personal information about you or your use of XOOM, without your prior permission, if Xoom Link has a good faith belief that such action is necessary to: (1) comply with governmental, court and law enforcement requests or requirements; (2) protect and defend the rights or property of Xoom Link or its affiliated companies; (3) enforce this Agreement; or (4) act to protect the interests of its subscribers, members or others. Xoom Link' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Xoom Link' right to comply with governmental, court and law enforcement requests or requirements relating to your use of XOOM or information provided to or gathered by Xoom Link with respect to such use.
10.4 This Agreement along with the terms and conditions for your particular price plan or promotional offer constitute the entire agreement between Xoom Link and you with respect to your use of XOOM and your XOOM subscription (excluding the use of any software which may be subject to an end-user license agreement), and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Xoom Link and you with respect to XOOM.
10.5 Xoom Link may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement.
10.6 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Xoom Link agree that any cause of action arising out of or related to XOOM must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.