Wilderness Wireless User Agreement
Terms and Conditions
This is a contract. If you have questions regarding the elements of this Agreement, you should contact an attorney and seek advice. By opening an account under your name and/or billing credit card number, and/or by using the Wilderness Wireless service, you agree to be legally bound by and abide by the terms of this Agreement. If you do not agree to the terms stated herein you must immediately notify Wilderness Wireless, and terminate your account and/or terminate your use of these services.
1. Your Account
You affirm that you are at least 18 years of age. As the account holder, you are responsible for your account. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of Wilderness Wireless to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, you must notify Wilderness Wireless immediately of the breach.
2. Customer Information
Account information provided by you to Wilderness Wireless will be kept confidential. At no time will Wilderness Wireless share your information with any Third Party with the following explicit exclusions: a) Wilderness Wireless may share part or all of the information you provide to agents or companies in the employ of Wilderness Wireless to service your account. Only the information pertinent to that service will be shared. b) Wilderness Wireless will share any requested information to any lawful agency as required by a subpoena, or to report a crime.
All services provided by Wilderness Wireless must be paid for in advance. Terminated accounts may or may not be reactivated. Any moneys prepaid for an account terminated for cause are forfeit and waived by you unconditionally. Accounts which have lapsed for non-payment may be reactivated by paying for a new term unit within 6 (six) months of the account becoming inactive. While Wilderness Wireless makes every attempt to provide an invoice through electronic or postal methods as circumstances may apply, you agree to make the appropriate payment even absent an invoice or statement. Wilderness Wireless uses electronic means as the primary mode of customer communication and it is the customer´s responsibility to monitor electronic communications and notify Wilderness Wireless of any change in email address.
4. Service Limitations
Wilderness Wireless prohibits the sending of mass emails or unsolicited commercial email (also known as SPAM). Wilderness Wireless prohibits engaging in any predatory activity, including but not limited to the unauthorized accessing of other Internet devices or appliances, the dissemination of predatory or damaging broadcasts such as viruses, trojans, worms or other remotely activated software or hardware agents. Wilderness Wireless subscribers may not engage in any activity that violates federal, state or municipal law, or violates prevailing community standards. Any Wilderness Wireless subscriber engaging in this or other behavior that poses a threat to, or damages other Wilderness Wireless subscribers or Internet users shall have their accounts terminated without notice and will forfeit any prepayments they may have paid. Users terminated for the reasons described in this paragraph will be liable for any payments due for the remainder of their sign up term, and/or any other costs payable under this Agreement. Further, Wilderness Wireless will actively prosecute any violation of these terms under prevailing Law to the fullest extent possible. There are no exceptions. Residential subscribers may not operate for-profit enterprises over their high-speed service without the express written permission of Wilderness Wireless. At no time will any subscriber or users of the Wilderness Wireless service resell and or operate commercial networking services on or over the Wilderness Wireless network. Such action is agreed to be Theft of Service and Defrauding a Merchant as defined by the Criminal Codes of the State of Idaho. Wilderness Wireless cannot guarantee that all current or future Internet applications can or will be supported. Neither will Wilderness Wireless guarantee that any subscriber equipment will be compatible with our service, nor that all areas within our coverage area will produce a usable connection. Wilderness Wireless is not responsible for any inability to use our service for any reason. IP addresses may be installed in your hardware or software for the duration of your service with Wilderness Wireless. These addresses are NOT portable and remain the property of Wilderness Wireless. Subscribers may not use any address which is not explicitly issued by Wilderness Wireless. Any subscriber using unapproved addresses or permitting any control of Wilderness Wireless issued IP addresses by any entity other than Wilderness Wireless shall be in violation of Paragraph 4 of this document. Wilderness Wireless is not responsible for any damage to or loss of data or software from your computer while installing, operating or maintaining Wilderness Wireless services. We recommend that you back-up all existing computer files by copying them to a different storage device prior to the installation, operation or maintenance of any Wilderness Wireless hardware or software. Wilderness Wireless reserves the right to dynamically reduce throughput of subscribers connections to ensure adequate access and best possible performance for the network in its entirety. This may include throttling certain types of traffic, or reductions in speed for all traffic, if it is deemed needed to ensure network stability or performance.
5. Subscriber Support
Wilderness Wireless will provide telephone or email assistance via a specified telephone number and email address on a reasonable efforts basis during specified hours. Assistance is limited to problems arising from use of the Wilderness Wireless service and excludes problems related to your personal hardware and software. Wilderness Wireless cannot guarantee the resolution of any particular problem or Wilderness Wireless service disruption. However, Wilderness Wireless will make a "best effort" attempt to resolve the problem. Wilderness Wireless is not liable for any service disruptions stemming from difficulties beyond the direct control of Wilderness Wireless. Any disruption occurring within the control of Wilderness Wireless will be resolved in the shortest period of time possible within considerations of personal safety of the staff of Wilderness Wireless. Due to the extremely difficult terrain and the remote nature of Wilderness Wireless equipment locations we maintain a 24 hour response time policy for network outages involving a problem at a remote location. This does not mean that the problem will be solved in a 24 hour time period, only that diagnostic and troubleshooting efforts will begin within a 24 hour period from the time that the problem first occurred. No time line for problem resolution is guaranteed or implied.
6. Content Warning
You agree that you are aware that the Wilderness Wireless service provides access to content that is for mature audiences only and which you may find offensive. Wilderness Wireless recommends that access accounts not be used by anyone under the age of 18 unless the minor's use is supervised by an adult.
7. Copyrighted Material
Copyrighted material may not be downloaded without the permission of the copyright owner(s) or person(s) they specifically authorize to grant such permissions. This includes digital music, movies, books, and all other copyrighted material in any form that can be delivered on a digital network.
8. No Warranty - Limitation of Liability and Damages
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WILDERNESS WIRELESS NETWORK SERVICE IS AT YOUR OWN RISK. WILDERNESS WIRELESS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED FOR THE SERVICES WHICH ARE BEING PROVIDED. WILDERNESS WIRELESS EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER. Network performance and connectivity is not guaranteed. Wilderness Wireless will use reasonable efforts to ensure that those portions of the Wilderness Wireless service over which Wilderness Wireless has direct control are functioning properly. We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using the Wilderness Wireless service including, but not limited to: the performance of the Internet; the acts or conduct of third parties, acts of God, or war the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet; loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred; loss resulting from delays, computer viruses or interruption of the Wilderness Wireless service, regardless of cause; and any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet. If despite the limitations of liability in this Agreement, Wilderness Wireless is found liable in a court of law for any damages to you or any other party, it is agreed that our liability is limited to $100.00 USD and that we shall not be responsible for damages for any greater amount or for any indirect, consequential, statutory, exemplary or punitive damages.
You agree to indemnify and hold harmless Wilderness Wireless, affiliate corporations, all of their officers, directors, agents, employees and shareholders, from all claims, damages, costs and expenses, including legal fees, which result from the use, by anyone, of your Wilderness Wireless account, without limitation.
10. Compliance Measures
Wilderness Wireless reserves the right to monitor any and all communications and activity through or with the Wilderness Wireless service to ensure adherence to the terms and conditions of this Agreement. You agree that the Wilderness Wireless service is not to be considered a secure communications medium and that no expectation of privacy is afforded to you or any user of your account. In the event that Wilderness Wireless receives a complaint, Wilderness Wireless will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove any material from its servers. Customers may or may not be notified of this proceeding. Wilderness Wireless reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities. Wilderness Wireless reserves the right to prohibit, remove and/or block access to any content or Internet capability, including any pages, Usenet newsgroup and/or IRC channel, Instant Messaging session, or Voice over IP, at any time for any reason, including those which contain: hyperlinks to material Wilderness Wireless deems inappropriate; and material which promotes or induces illegal activity.
You may stop using the Wilderness Wireless service at any time and terminate your account by permitting it to become inactive. Wilderness Wireless may suspend or restrict your account and the Wilderness Wireless service or terminate this Agreement, at any time, if: the operations or efficiency of the Wilderness Wireless service is impaired by the use of the Wilderness Wireless service from your account; any owing amount is past due from you to Wilderness Wireless; or you or anyone contacting Wilderness Wireless as your agent or on your behalf engages in any denigrating, abusive or threatening manner; or there has been or is any breach of any term or condition of this Agreement. If services are terminated you remain responsible for payment of all fees up to the conclusion of your sign-up term or if your service has extended beyond the sign up term, then for service through the conclusion of the month during which service is terminated. Wilderness Wireless shall have no responsibility to notify anyone of any termination or suspension of an account. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.
Wilderness Wireless reserves the right to make changes to this Agreement or any aspect of the Wilderness Wireless service as service, network or policy issues may require. Wilderness Wireless may discontinue any or all classes of service at its discretion. Notification of the stoppage of any service will be performed on a case by case basis at the sole discretion of Wilderness Wireless.
The failure of Wilderness Wireless to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
14. Choice of Law, Legal Proceedings
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Idaho, County of Boise for any matters pertaining to this Agreement. The prevailing party in any legal action shall be entitled to recovery of attorney fees and costs. Any cause of action you may have with respect to this Agreement or the Wilderness Wireless service must be commenced within one month (30 calendar days) after the claim or cause of action arose, or it shall be barred. Wilderness Wireless may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
15. Signal Reproduction
Wilderness Wireless reserves the right to install additional equipment at a subscriber's location (at our expense) to reproduce, amplify, and further the availability of the signal for surrounding homes and users.
16. Overuse Threshold
Any plans offered by Wilderness Wireless will not cease usage based on customers who use the service heavily. However, in order to ensure the quality of service for all customers, if combined download and upload usage exceeds certain thresholds within a monthly cycle, then speeds may be reduced. This is a safeguard to keep the internet service running smoothly.
Rural Home Plans: 500GB
Urban Home Plans: 500GB
Rural / Urban Business Plans: No Speed Reduction Threshold
Terms of Service
Wilderness Wireless Rev 2.3
Effective May 1, 2017