Terms of Service : Last Updated 1/28/2015
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS UNDER WHICH SPRY WIRELESS COMMUNICATIONS INC. OFFERS YOU ACCESS TO OUR WEB SITE AND RELATED INTERNET ACCESS SERVICE
BY USING ANY SPRY WIRELESS INTERNET SERVICE YOU EXPRESSLY AGREE TO BE BOUND BY THE FOLLOWING TERMS.
If your service requires that you resell or redistribute the original internet feed provided by Spry Wireless Communications, you may be required to license the bandwidth.
Please visit our SITE LICENSE page for complete details.
PAYMENT FOR SERVICES AND SERVICE CREDIT
All payments are due in full on your due date. Subscribers utilizing our credit card subscription service agree to have their fees paid monthly by automatic withdrawal. Spry encourages all customers to use the automated subscription option for payment of services. If your credit card is declined, or payment is not able to be made, Spry will notify you and request that payment be made and that a new subscription credit card be put on file within our billing system. Any subscription payments not made after 7 days of notification of failure to collect will subject your account to suspension.
If you elect to have Spry e-mail or mail an invoice to your billing address, payment must be received by the due date on the invoice. If payment has not been received within 7 days past the due date, the account may be suspended until the balance is paid in full. Spry reserves the right to add a $4.00 per month invoicing fee for the time and materials required to prepare and mail individual invoices. Payments may be mailed or put into the mailbox at 1361 Rich Lane, Buda, TX, 78610.
If your account becomes suspended for non payment of service fees, Spry reserves the right to add a $10 late fee to your account. Additionally, your account may be subject to a $25.00 re-activation charge.
Returned checks are subject to a $15 dollar Returned Check Fee to cover our costs.
Spry Internet service disruption may occur at any time. This is a normal aspect of running a complex distribution network. Outages lasting less than 24 hours are a possibility, and in such case Spry shall NOT be liable for any compensation due to service interuption. Should your Spry internet be unavailable for longer than 24 hours, you may request a service credit equal to the prorated monthly to your subscription rate minus each day you experienced difficulties. Spry reserves the right to determine if a service credit will be issued regardless of duration of disruption. If you qualify for a Service Credit, that credit will be reflected on the second billing cycle after the claim. For example, if you experience 3 days without service in January, then your credit, for 3 days of service would apply to the March statement. You are responsible for paying 100% of the invoice for the following month, February in this example. Should you discontinue service prior to receiving the credit on your bill, a check for the credit will be issued.
In the event that your disruption is NOT caused by Spry, (router problems, cables not properly connected to your equipment, power outages etc) claim for credit will not be honored.
Any question about billing may be made by e-mail to firstname.lastname@example.org or by calling 512.200.4204.
All services provided by Spry Wireless to local and state sales tax which much be collected at the rate of 8.25% added to the total of any given service. Remember that Spry Wireless does NOT charge tax, we simply collect it for the taxing entities in our service area.
CPE Units (Customer Premises Equipment)
Any wireless device(s) installed on your property for the use of access to the Spry Wireless network is considered a CPE. Spry Wireless shall maintain ownership of all CPE equipment installed at the customers' site. All CPE devices are for the specific customers location and may not be moved, altered, or programmed in any way. You agree that any CPE devices on your property are solely the property of the company and are leased from Spry Wireless Inc. In some instances, depending on variations of CPE devices required to provide you with service, Spry may add an additional fee to your invoice, in one or more billing cycles, to cover the cost of higher priced CPE units.
Some CPE devices may be subject to a monthly insurance fee (Equipment Protection Coverage, EPC hereafter) added to your service invoice as a separate line item. The maximum Spry Wireless Inc. will charge for Equipment Protection is $7.00 monthly.
Upon your cancellation of service with Spry Wireless Inc., you grant the company staff permission to enter your property to remove any leased CPE equipment used to access service. This access is only for external areas of the property where the CPE is located, typically on the roof or eves. The only equipment inside the residence which must be returned is the POE (Power over Ethernet) device which powers the outside CPE.
Should you be unwilling to allow Spry Wireless to retrieve the CPE, or if you damage the CPE, you agree to pay a $345 equipment replacement charge
From time to time it may be necessary for Spry Wireless to update or revise certain provisions of the TOS. By using Spry Wireless Services and accepting the TOS, you agree that Spry Wireless may modify the terms of the TOS, including, but not limited to, those terms related to the charges (if any) associated with your use of Spry Wireless services. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of Spry Wireless services constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by Spry Wireless, or to any of the terms in the TOS, your only remedy is to stop using Spry Wireless services.
Residential Subscriber Conduct
The Spry Wireless Service as offered and provided under this Agreement is a residential service offered for personal, non-commercial use only. Subscriber will not resell or redistribute (whether for a fee or otherwise) the Spry Wireless Service, or any portion thereof, or otherwise charge others to use the Spry Wireless Service, or any portion thereof. Subscriber agrees not to use the Spry Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
Business Subscriber Conduct
The Spry Wireless Service as offered and provided under this Agreement is a business service for use by your business and its associates at the main location at which the CPE was installed. Subscriber may not extend or retransmit the Spry Wireless Service to any other physical address or location, including business locations, without said locations being directly provisioned by Spry wireless for use on the business account. Subscriber will not resell or redistribute (whether for a fee or otherwise) the Spry Wireless Service, or any portion thereof, or otherwise charge others to use the Spry Wireless Service, or any portion thereof. Subscriber agrees not to use the Spry Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
USING SPRY WIRELESS SERVICES:
Section 2.1 Inappropriate Uses
The Company Site must not be used:
(a) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person's privacy;
(b) to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
(c) harm minors in any way;
(d) impersonate any person or entity, including, but not limited to, Spry Wireless services, employees or representatives, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) to store, publish, distribute, or otherwise disseminate child pornography or similar material;
(f) in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
(g) to interfere with any other subscribers use and enjoyment of Spry Wireless services;
(h) in any way that deliberately degrades or disables Spry Wireless services or any other computer system or to prevent or impede the delivery of any legitimate data;
(i) to make inappropriate postings to news groups, chat rooms, electronic bulletin boards and any other forum on the Spry Wireless site or elsewhere; or
(j) by persons under the age of 18 to purchase products without the involvement of a parent or guardian. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on on the Spry Wireless network are updated on a real time basis and are proprietary to us or are licensed to Spry by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Spry Wireless without the prior expressed written permission of the Spry or the appropriate third party.
III. PROMISES OF SERVICE DETAILS AND QUALIFICATIONS
In our advertising we specify that if your do not "Love" or "Like" our services that they shall be free. This is specific to the delivery of the subscription level you have subscribed to and is NOT in any way a subjective perception of the service; only an objective fact of the Level and QOS (Quality of Service, is the delivery of internet and network service to an agreed upon level in terms of latency and data speeds) of the wireless services you have subscribed to. Any claims for free service must be validated through the use of network and system logs that monitor the network. Claims made for free service relating to our "Love" or "Like" branding policy are based on the QOS being received at the CPE (Customer Premises Equipment) at the subscribers home or office location. Spry Wireless will not be responsible for honoring claims of Free service from the "Love" or "Like" branding and advertising claims if the QOS issue is found to be in the subscribers home, at any point past the radio device (CPE) in the distribution of our services. If you have routing or computer equipment that is not able to support the subscription package you have subscribed to, you may hire Spry to install, at the customers expense, internet equipment (such as, but not limited to, routers, switches, network cards, and hotspot devices) which are capable of providing data transfer speeds that match your subscription.
The "Love" and "Like" promises in our advertising are limited to times of normal network and system operations. Any disruptions of service to the Main Internet Feed including upstream provider issues, Acts of God, or Spry equipment failures are NOT covered in the 'Promise'. Service outages caused by severe weather, lightning, geomagnetic storms, and/or other natural phenomena not under the control of Spry Wireless are not covered under our Promise guarantee. Additionally, any outages from Spry Wireless (upstream) internet and/or network supplier will be exempt from claims for Free service as related to the "Love" or "Like" branding and advertising.
Spry Wireless, its associates, technical staff, and management will have the final say in honoring claims for free service. All claims will be verified by a field inspection and testing of the CPE to determine if Spry is at fault. The subscriber has the right and obligation to be present during any tests on the equipment that validate or dismiss claims that the QOS is not at the level as described in the level of service the customer has subscribed to.
Section 3.1 License
Spry Wireless grants you a limited license to access and make personal use of Spry Wireless services, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Spry Wireless. This license does not include any resale or commercial use of Spry Wireless services or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Spry Wireless. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company www.sprywireless.com or www.spry.mobi so long as the link does not portray Spry Wireless, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner.
Spry does not claim ownership of any information, data, text, communications, software or graphics, music, sound, photographs, video, messages or other materials (each, "Content") you submit or make available for inclusion on the Spry Wireless Site. However, with respect to submitted Content you may post on the Company Site, you grant the Company a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Spry Wireless site solely for the purposes of providing Spry Wireless services. This license exists only for as long as you elect to continue to include, transmit or store such Content on the Company Site and will terminate at the time you remove or the Company removes such submitted Content from the Company Site. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through the Company Site. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOS. You acknowledge that Spry Wireless may or may not pre-screen Content, but that Spry Wireless and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via Spry Wireless sites. Without limiting the foregoing, Spry Wireless and its designees shall have the right to remove any submitted Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to Spry Wireless.
Section 3.2 Product Submissions
Spry Wireless receives many inquiries and suggestions regarding new product ideas, but does not accept any unsolicited submissions of new products, creative suggestions, ideas, notes, drawings, concepts or other information (each, "Information"). Although we are honored you would think of us, Spry Wireless relies on its employees to supply its new product and other creative ideas. Spry Wireless has found it necessary to adopt this policy because some companies in our industry have had claims made against them by people who allege that Spry Wireless used an idea, even though Spry Wireless had received only the most general of concepts. Since the employees of Spry Wireless are constantly working on a number of ideas in many areas, some of which might be similar to an idea you seek to send to Spry Wireless, we cannot accept any outside submissions or the risks associated with these submissions.
If you send Spry Wireless any Information despite our request that you do not do so, you agree that any and all Information you send Spry Wireless is in the public domain, is not confidential and is sent by you for use by Spry Wireless without payment or compensation to you or acknowledgement of the source. For any Information you submit to Spry Wireless, you grant the Company a world-wide, royalty free, fully paid-up and non-exclusive license(s) to use, distribute, reproduce, modify and adapt such Information for the sole benefit of the Company. The Company makes no warranty to you, whether express or implied, regarding its use of any Information you may submit to the Company.
Section 3.3 Links
The Company may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company 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 sites or resources. You further acknowledge and agree that the Company shall 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 site or resource.
Section 3.4 The Company's Intellectual Property Rights
The Content provided by the Company (that is, Content other than as submitted by site users) on the Company Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers, partners, or affiliates, and is protected by U.S. and international copyright laws. The compilation of all Content on the Company Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by U.S. and international copyright laws. You acknowledge and agree that the Company Site contains proprietary and confidential information that is protected by applicable U.S. and international intellectual property and other laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Company Site, including its interface, in whole or in part, and other logos and product and service names that are trademarks of the Company (the "Company Marks"). Unless you have written permission, you agree not to display or use in any manner, the Company Marks.
Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Company Site are property of the Company and are protected as registered and unregistered trademarks and copyrights. To protect our brand names and accompanying marks, the Company requires a license agreement or written permission from an authorized agent at the Company, prior to any use of trademarks or copyrights belonging to the Company. Any misuse of trademarks belonging to the Company is strictly prohibited.
IV. WARRANTY AND LIMITATION OF LIABILITY
THE COMPANY SITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE COMPANY SITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE COMPANY MAKES NO WARRANTY THAT (a) USING THE COMPANY SITE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY SITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE COMPANY SITE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMPANY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY SITE, OUR SERVICES, OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY.
You agree, at your own expense, to indemnify, defend and hold harmless the Company and its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, the "Company Indemnified Parties"), against any claim, suit, action or other proceeding against the Company Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Company Site (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in the TOU (ii) a claim that any use of the Company Site by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Any legal controversy or legal claim arising out of or relating to this TOU or the Company Site, excluding legal action taken by the Company to collect our fees and/or recover damages for, or obtain an injunction relating to, the Company or the Company Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, the Company wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Buda, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Buda, Texas necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, the Company may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, the Company shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your access to the Company Site and the Company services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Company service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your the Company services includes (i) removal of access to all the Company services and the Company Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by the Company (or any part thereof), and (iii) barring further use of the Company Site and the Company services. Further, you agree that all terminations for cause shall be made in the Company' sole discretion and that the Company shall not be liable to you or any third party for any termination of the Company Site or the Company services.
VIII. LIMITS OF LIABILITY
You agree to hold the Company, its associates, technical staff, management, or any other entity the Company may do business with NOT liable for ANY damage that may occur to your property due to lightning or other acts of god not under the direct control of the Company. The Company hightly recommends that your main ethernet cable coming from the Spry CPE be routed through a surge protection device in your home.
You and the Company are independent contractors. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind the Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable.
Section 8.3 Notice
Any notice by us to you may be made at our option via a posting on the Company site or via e-mail or first class mail. It is your responsibility to check the Company Site from time to time for updates. Your continued use of the Company Site constitutes your agreement to and acceptance of this TOU and any changes to it.
Section 8.4 Choice of Law, Compliance with Applicable Laws
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Texas, excluding its conflicts-of-law rules, govern the TOU and your account. User conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with the Company Site or relating in any way to your account or your use of the Company Site resides in the courts of Hays County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Texas in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Company Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOU.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this site or access to the Company Site or our services.