PLEASE READ THE FOLLOWING BOINGO CUSTOMER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE SIGNING UP FOR A BOINGO ACCOUNT OR USING THE BOINGO WIRELESS INTERNET SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND BOINGO WIRELESS, INC. BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE BOINGO SERVICE, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE.
BOINGO WIRELESS, INC. CUSTOMER AGREEMENT
The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and Boingo Wireless, Inc. ("Boingo"). Boingo provides its wireless Internet access services, as they may exist from time to time ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Boingo, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Boingo policies posted on the Boingo website.
You must (i) provide Boingo with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Boingo all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Boingo's Customer Service Department at (800) 880-4117 or by email at service@boingo.com. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
Charges are billed to your credit cards each month for the applicable service plan and any additional usage or services. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Boingo. Delinquent accounts may be suspended or canceled at Boingo's sole discretion. However, charges will continue to accrue until the account is canceled and collection, and late fees or other similar fees may be added. Boingo may bill an additional charge to reinstate a suspended account.
Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in Boingo's on-going subscription accounts or other flat-rate plans. Current prices for Boingo's Services and the locations where such Services are available are posted on the Boingo website at www.boingo.com. These rates and locations also may be obtained by calling (800) 880-4117. Boingo reserves the right to change prices and locations, and institute new fees at any time. You must use the Boingo client software or contact Boingo if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time.
Upon registration, you will receive a username, password, and account identification number. You are the only authorized user of your Boingo account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Boingo immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.
Usernames and passwords are Boingo's property and Boingo may alter or replace them at any time.
Boingo has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY BOINGO, BOINGO DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. BOINGO HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOINGO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOINGO MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND CUSTOMER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH BOINGO DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND BOINGO DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY BOINGO OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. BOINGO AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, BOINGO'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE ACCRUAL OF THE CLAIM.
You agree, at your expense, to defend and hold harmless Boingo and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
All customers of the Services and users of the Boingo website and/or the Boingo software agree to and must comply with this section 8, which is Boingo's Acceptable Use Policy (AUP), and your use of any Services, website or software provided by Boingo constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of the Services under normal circumstances. Similarly Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Boingo may remove, block, filter, or restrict by any other means any materials that, in Boingo's sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Boingo account or other actions as detailed below. When a Customer uses the Services, the third-party from whom Boingo has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.
Without limiting the foregoing, you agree not to use the Services to:
Boingo requests that anyone who believes that there is a violation of the AUP direct the information to: service@boingo.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
Boingo may take any one or more of the following actions, or other actions not listed, at Boingo's sole discretion in response to complaints: (i) issue warnings, written or oral; (ii) suspend the customer's account; (iii) terminate the customer's account; (iv) bill the customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
All content included on Boingo's website, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of Boingo or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Boingo website without the express written permission of Boingo is strictly prohibited.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Boingo at least 5 business days prior to the end of your billing cycle. Notice may be provided by registered or certified mail, return receipt requested addressed to Boingo Wireless, Inc., Customer Service, 10960 Wilshire Blvd. Suite 800 Los Angeles, CA 90024 USA ; or telephone calls directed to Customer Service at (800) 880-4117. Your termination will only be complete upon your receipt of a cancellation confirmation number from Boingo. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.
Without prior notice, Boingo may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Boingo, in its sole discretion, believes you have violated this Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. Boingo may provide termination notice to you by email or by US Mail or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
The provisions of the following sections of this Agreement will survive termination of this Agreement 3, 5, 6, 7, 8, 10, 11 and 12.
This Agreement and the Privacy Policy, and Boingo's other Customer policies posted on Boingo's website constitute the entire agreement between you and Boingo with respect to your use of the Services. Boingo may revise, amend, or modify this Agreement and any other Customer policies and agreements at any time and in any manner. This Agreement is governed by California law without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect. The federal and state courts located in Los Angeles County, California have exclusive jurisdiction over all disputes arising out of or related to this Agreement, the Service and the AUP. You consent to the personal jurisdiction of the state and federal courts sitting in Los Angeles County, California with respect to such matters or otherwise between you and Boingo, and waive your rights to removal or consent to removal. In the event Boingo is required to initiate legal proceedings to enforce any provision of this Agreement or you initiate any legal proceedings relating to this Agreement, the prevailing party will be entitled to recover all reasonable attorneys' fees from the other party. All notices and return of the Licensed Software and documentation should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800 Los Angeles, CA 90024 USA , Attn: General Counsel.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.