AIROSURF COMMUNICATIONS TERMS OF SERVICE
These Terms of Service set forth the terms and conditions for the purchase of residential or small business wireless Internet access services, fiber to the home (“FTTH”) services, Voice over Internet Protocol (“VoIP”) and such other services (collectively, “Services”) from Airosurf Communications, Inc. (“Airosurf”), an Oklahoma Corporation headquartered at 800 E 2nd Street, Suite H, Edmond, OK 73034. The particular Services you (referred to in these Terms of Service as “Subscriber” or “you”) order, including the plan you selected, will be reflected on a “Subscriber Order Form,” available online or through an authorized Airosurf retailer.
By ordering Services from Airosurf, Subscriber agrees to and incorporates these Airosurf Terms of Service found at https://www.airosurf.com/tos. The Subscriber Order Form, these Terms of Service, and Airosurf policies referenced herein or posted on Airosurf’s website from time to time constitute the “Service Agreement” or “Agreement.” Without limiting the generality of the foregoing, subscribers to Airosurf’s VoIP services expressly acknowledge that they have read, understood and agree to the E911 Disclosure Statement posted at https://www.airosurf.com/911NOTICE. Airosurf may update these Terms of Service from time to time, in its sole discretion. Subscriber’s continued use of the Services following such updates constitutes acceptance of the same. If Subscriber does not agree to the terms or any modification, Subscriber may terminate this Agreement. Terms used in this Service Agreement, but not otherwise defined shall have the same meanings ascribed to them in the Terms of Service. The plural of any term will include the singular and vice versa, and terms of any gender will include all other genders.
Purchase and Payment of Services
Upon Subscriber ordering Services, Airosurf will email an invoice to Subscriber. Subscriber will be required to pay in advance for Services, including applicable installation charges, in accordance with the terms stated on the invoice. Payments are required to be made via credit or debit card or ACH fund transfer in accordance with Airosurf’s billing terms posted at https://airosurf.com/billing-terms-and-conditions/.
All prices for Services are exclusive of any taxes, customs, duties, value added, excise, federal, state, local, city, provincial, public utility, or other such similar regulatory fees, assessments or contributions, and are subject to change without notice. Subscriber agrees that they will all said taxes and fees, however denominated and that may now or hereafter be levied on the Services as billed by Airosurf, and in addition to the other amounts otherwise charged to Subscriber, unless Customer provides Subscriber with a valid exemption certificate in form and substance reasonably acceptable to Airosurf. Airosurf may also charge a fee for the recovery of its costs associated with regulatory compliance programs applicable to the Services.
Subscriber will have access to his/her online account at https://subscriptions.zoho.com/portal/airosurf/login (the “Subscriber Portal”), where payments may be processed/set up with Airosurf. Alternatively, payments may be made by calling the Billing Department at (405) 701-6080 with credit card and payment information. Subscriber will provide new email address(es) whenever necessary to ensure that emailed invoices are deliverable to the Subscriber. Airosurf is not responsible for non-delivered invoices. No refund will be due Subscriber for payments already processed with the exception of annual or multi-month payments.
Late of failed payments: In the event that a payment transaction fails or is denied by the Subscriber’s bank, Subscriber will provide Provider with new/updated account information. Late fees and fees for declined or dishonored credit cards, checks or ACH payments apply as stated in the billing terms at https://airosurf.com/billing-terms-and-conditions/.
Airosurf and Subscriber Responsibilities:
Airosurf Responsibilities and Limitations
Airosurf is NOT responsible or liable for any of the following situations, and charges for service calls will apply to remedy:
- Any device or cloud system inside the home or office of the Subscriber beyond the point of the Power-over-Ethernet (PoE) power supply. This includes all computers, phones, routers, third-party services or applications, cloud services, networks or other devices installed by contractor(s) hired by the Subscriber, or other device or service provider not affiliated with Airosurf.
- Any obstructions that might be erected or grow between Subscriber’s radio and Airosurf’s transmitter causing degradation or loss of service. In the unlikely event of loss of signal for this reason, Airosurf will inform Subscriber that service is no longer available at that location.
- Debris or ice on antenna
- Damage to radio, antenna or cabling due to acts of God, other natural occurrences, or neglect by Subscriber
- Subscriber or their contractor/vendor installing hardware and/or software in a device after installation which may disable that device with regard to connecting to Internet
- Reconfiguration of network settings due to, but not limited to, tampering or reinstallation of operating system in a device
- Misplaced WiFi login credentials, which are provided to Subscriber at time of router installation
- Any failures or delays of third party networks
Further, Subscriber acknowledges that tree leaves hold water, they absorb signal, and that may degrade or disrupt signal. Subscriber may require extra hardware and setup at such time as changes in tree foliage may occur, or in some cases Service may no longer be available if signal strength changes and no remedy can be made. Airosurf shall not be held liable for any changes, nor will Subscriber be entitled to any type of refund prior to the date on which Subscriber is informed.
Airosurf uses “best practice” installation techniques and will discuss the method of attachment to the building, mast or other approved structure with the owner prior to performing installation. Airosurf is not responsible for any water leaks, damage or mold that may occur. In most cases, non-roof-penetrating methods of attachment will be used. Airosurf’s technicians reserve the right to refuse installation at any location if there is a concern about his/her health or safety, or if the signal is not the best possible at a location on the property requested by Subscriber.
In addition to his/her other obligations in the Agreement, Subscriber agrees to the following:
Subscriber authorizes Airosurf personnel to enter Subscriber’s home or office (the “Premises”) at mutually agreed upon times in order to install, maintain, inspect, repair, or remove the Services. If Subscriber is not the owner of the Premises upon which a Service is to be installed, Subscriber represents and warrants that he/she has obtained the consent of the owner of the Premises for Airosurf personnel to enter the Premises for the purposes described above. Subscriber shall indemnify and hold Airosurf harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement.
Subscriber is solely responsible for provisioning, configuration and maintenance of all equipment on the Premises not owned by Airosurf, including, without limitation, computers, modems and other communications equipment. Airosurf shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of Subscriber or third party equipment.
Subscriber is solely responsible for the content of all information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by Subscriber or any person authorized by Subscriber to use Services under Subscriber’s account (“User”) while utilizing any Service (“Subscriber’s Content”) and for the consequences of doing so, including any loss or damage to Airosurf or any third parties. Airosurf has no responsibility to Subscriber, any User or any third party for Subscriber’s Content.
Airosuf reserves the right to, but shall have no obligation to, pre-screen, refuse, flag, filter, or remove any of Subscriber’s Content from the Services at Airosurf’s discretion without notice or liability to Subscriber or any other party.
Subscriber shall retain copyright and any other intellectual property rights Subscriber holds in Subscriber’s Content. Subscriber shall remain solely responsible for protecting and enforcing such rights where applicable.
Subscriber hereby grants to Airosurf a non-exclusive, world-wide, royalty free, sub-licensable, transferable, perpetual, irrevocable license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Subscriber’s Content solely for the purpose of providing and distributing the transmission of such Subscriber Content, as is necessary to the successful provision of the Services to Subscriber. Subscriber represents and warrants that it has all necessary rights, licenses, consents, and permissions to grant such license and permit such use.
Airosurf is not obligated to store any Subscriber voicemail, sent or received call logs, and/ or instant messages, and has no responsibility or liability for the deletion or failure to store any of the foregoing.
Other Users’ Content.
Airosurf does not control and shall have no liability or responsibility for the 1) conduct or 2) content of any information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by other users via the Services, including but not limited to advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”).
Other Users’ Content may be protected by copyright and other intellectual property rights of such other users or other persons. Subscriber shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed to by the owners of such Other Users’ Content in a separate written agreement with Subscriber.
It is Airosurf’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States the Digital Millennium Copyright Act, in accordance with the policy posted at www.airosurf.com/DMCA/) and to terminate the accounts or subscriptions of repeat infringers.
Termination. Either Airosurf or Subscriber may terminate this Services at any time and without cause unless provided otherwise when signing up for the Service. Upon termination Subscriber must immediately cease all use of the Services and all Airosurf equipment. Subscriber is responsible for payment of Services until the Services are disconnected and equipment is returned. Subscriber must return all Airosurf equipment to Airosurf at the appropriate local service center or to Airosurf’s designee. If the equipment is not in working order Subscriber is responsible for an amount up to retail price for replacement equipment and incidental costs incurred due to the replacement.
Additionally, Airosurf may suspend or terminate Services in the event that Subscriber fails to pay any amount when due; Subscriber or any User violates any provision of the Agreement or applicable Airosurf policy, including without limitation, the Acceptable Use Policy; or Subscriber or any User uses any Service in any unlawful or fraudulent manner, infringes Airosurf’s or any other party’s intellectual property rights, or causes or threatens to cause harm to Airosurf’s or any other party’s network or facilities.
Acceptable Use Policy. Subscriber agrees not to misuse, and shall take reasonable efforts to ensure that its Users do not misuse, the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in Airosurf’s Acceptable Use Policy found at www.airosurf.com/aup, which is incorporated into these Terms. Subscriber is responsible for all activity on the Services, whether such activity is undertaken by Subscriber, a User or someone else.
Indemnification. Subscriber shall indemnify and hold harmless Airosurf and its officers, directors, agents and employees, from and against any and all claims, demands, causes of action, losses, damages, costs and expenses, including attorney fees (collectively, hereinafter “Claims”) arising out of or in any manner relating to or arising out of Subscriber’s or its Users’ use of the Services, the Airosurf equipment, or the Subscriber equipment, violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services or any unauthorized apparatus or system, and any Claims or damages arising out of limitations or failures of 911/E911 or dialing associated with a home security, home detention, or medical monitoring system. Airosurf has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.
Disclaimer of Warranties. Subscriber assumes total responsibility for use of the Services, applicable equipment and the Internet, and accesses the same at its own risk. Subscriber recognizes that Airosurf has no responsibility for the security of or loss of stored data, intrusion of unauthorized access, content accessible or action taken on the Internet and Airosurf expressly disclaims any responsibility for such content or actions, except as specifically set forth herein. Airosurf further disclaims any and all express or implied warranties OF ANY KIND REGARDING THE SERVICES and/or equipment provided by airosurf, including and without limitation: (1) any warranties as to the availability, accuracy, and content of information, products, or services: (2) any warranties of availability, quality of service, merchantability, fitness for a particular purpose, non-infringement, TITLE or as to the proper or timely delivery or security of Subscriber’s communications over Airosurf’ facilities. Airosurf does not guarantee or warrant: continuous, uninterrupted or secure access to any service; that the Service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours; any particular download or upload speed for any Internet access service or any other characteristics of that or any other kind of service; compatibility of any service with Subscriber’s computers, telephone, or video equipment, operating systems or software.
Limitation of Liability. Airosurf’s liability to Subscriber hereunder shall be for provisioning of Services. Neither Airosurf nor its affiliates, subsidiaries, employees or suppliers shall be liable to Subscriber for any special, indirect, incidental or consequential damages (including lost profits) arising from or relating to this Agreement, including, without limitation, damages claimed as a result of loss of data, hardware, or software; loss or liability resulting from access delays or access interruptions; loss or liability resulting from computer viruses; loss or liability resulting from data non-delivery or data mis-delivery; loss or liability resulting from errors, omissions, or misstatement in any and all information, goods, or services obtained on or through the Service. Airosurf’s entire liability, and Subscriber’s exclusive remedy, with the respect to use of the Service, service software, and any breach of the Agreement is strictly limited to the lesser of Subscriber’s actual, direct damages or the amount paid by Subscriber for the applicable Services during the twelve (12) month period immediately preceding the date on which Subscriber’s claim arose.
Additional Provisions for VoIP Services. The following provisions apply if Subscriber receives VoIP Services from Airosurf. Airosurf is not responsible for any third party VoIP services Subscriber from other providers, regardless of whether Subscriber accesses such third-party services over the broadband connections provided by Airosurf.
CPNI. In the normal course of providing services to its users and customers, Airosurf collects and maintains certain customer proprietary network information (“CPNI”) typical to the industry. CPNI includes the types of telecommunications and interconnected VoIP services Subscriber currently purchases or subscribes to, how Subscriber uses those services (for example, Subscriber’s calling records), and billing information related to those services. Subscriber’s Airosurf telephone number, name, and address do not constitute CPNI. Airosurf does not sell, trade, or otherwise share Subscriber’s CPNI with anyone outside of Airosurf and those parties authorized to represent Airosurf to offer Airosurf’s Services or to perform functions on Airosurf’s behalf related to Airosurf’s services, except as the law may require or Subscriber may authorize. Federal law generally permits Airosurf to use CPNI in its provision of the telecommunications and interconnected VoIP services Subscriber purchases or subscribes to, including billing and collections for those services. Airosurf may also use or disclose Subscriber CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect Airosurf’s rights or property, to protect against the unlawful use of Airosurf services, or to protect other users.
Subscriber may elect to prohibit Airosurf’s use of Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from Airosurf by providing Airosurf with Subscriber “opt-out” notice within thirty (30) calendar days of Subscriber’s Service commencement via email to email@example.com with the subject line “CPNI” or by calling 405-413-7002. If Subscriber fails to do so within such timeframe, Subscriber will be deemed to have given Airosurf consent to use Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from Airosurf. Restricting Airosurf’s use of Subscriber CPNI will not affect Airosurf’s provision of any service, nor will it necessarily eliminate all types of Airosurf marketing.
911/E911 Acknowledgement. SUBSCRIBER ACKNOWLEDGES THAT AIROSURF’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED AT THE E911 DISCLOSURE STATEMENT FOUND AT WWW.AIROSURF.COM/911NOTICE SUBSCRIBER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING SUBSCRIBER’S SERVICES, OF THE 911 LIMITATIONS DESCRIBED AT WWW.AIROSURF.COM/911NOTICE. IF AIROSURF OFFERS SUBSCRIBER WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING, THEN SUBSCRIBER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER SUBSCRIBER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED; OTHERWISE, SUBSCRIBER AGREES TO PROVIDE CLEAR, CONSPICUOUS NOTICE TO POTENTIAL USERS OF THE VOIP SERVICE OF THE LIMITATIONS AND UNAVAILABILITY DESCRIBED IN THE E911 DISCLOSURE STATEMENT. AIROSURF ADVISES SUBSCRIBER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
DID Numbers. When supply is sufficient, Airosurf will make available to Subscriber a list of DID/ telephone numbers from which Subscriber may choose their DID/ telephone numbers. Subscriber will not be the owner of any DID/ telephone number (including fax numbers) assigned to Subscriber by Airosurf, and Subscriber will not transfer or attempt to transfer its number(s) to anyone else (except as provided below with respect to Porting Out). Airosurf reserves the right to change, cancel, withdraw, or move such numbers at its sole discretion immediately upon notice. Subscriber will surrender all rights to the DID/ telephone numbers and fax numbers upon termination of Subscriber’s VoIP Service if they have not been ported out as provided below prior to such termination, and the numbers assigned to Subscriber may be reassigned upon termination of Subscriber’s Service. Airosurf will not be liable for any direct or indirect damages or incidental costs arising out of such reassignment.
Local Number Portability.
- Porting In. Subscriber may elect to port an existing DID/ telephone number to Airosurf (“Port-In”) for use with the Service. In the event Subscriber elects to Port-In a number, Subscriber must first select a temporary number from the list of DID/ telephone numbers Airosurf presents to Subscriber at the time Subscriber orders the VoIP Service, which will be used until the Port-In is complete. Airosurf will support all valid requests and will cooperate with Subscriber to perform any Port-In in accordance with Subscriber’s reasonable directions and Airosurf’s operating procedures. Neither Airosurf nor its providers are responsible for any delay, rejection, or false processing of Port-In requests to the extent such delay, rejection, or false processing is attributable to Subscriber, Subscriber’s prior provider, or any third parties.
- Porting Out. Subscriber or a third-party provider acting as agent on behalf of Subscriber (“Requesting Party”) may request that Airosurf port a number assigned to Subscriber by Airosurf to a third party provider (“Port-Out”). Airosurf will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Airosurf’s standard operating procedures. In the event of any Port-Out, Subscriber agrees that until such time as the Port-Out is complete and Subscriber terminates the Service for such DID/ telephone number, Subscriber shall remain bound by the terms of this Agreement related to that DID/ telephone number. Once the Port-Out is complete, Subscriber must terminate the Services associated with such ported DID/ telephone number in order to stop incurring charges for such DID/ telephone number.
711 Dialing. The Service allows dialing 711 to reach Telecommunications Relay Services (TRS). In the event the user’s registered location is not the same as the user’s geographic location, 711 calls may not be routed to the correct TRS center for the user’s location. See the 911 Notice for additional information regarding registered location for VoIP devices.
VoIP Service Exclusions. The Service does not include directory listings and operator and directory assistance and does not support 976 or 900 calls. The Service may not support 311, 411, 511, or other X11 calling (other than 911 and 711 as detailed in this Agreement) in all or certain service areas.
CALEA. Pursuant to the Communications Assistance for Law Enforcement Act (CALEA) (47 U.S.C. §§1001-1010) Airosurf will provide assistance to all local, state and/or federal authorities who provide the company with a Summons and Court Order, a Subpoena or similar legal process. All requests are evaluated and reviewed on a case-by-case basis in light of any special procedural or legal requirements and applicable laws; provided, however, that Airosurf will have no liability to Subscriber in the event that Airosurf provides information to authorities based upon an order, subpoena, warrant or other legal process that is subsequently found to be invalid.
Export Laws. Subscriber expressly agrees to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. Subscriber further expressly agrees not to use the service(s) in any way that violates any provision of such laws or their implementing regulations.
Security. Airosurf makes an effort to keep its network secure, but no network security is perfect. While Airosurf may provide technical assistance, Subscriber is responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that Subscriber’s data is not accessed by unauthorized third parties. Airosurf is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Digital Millennium Copyright Act. Airosurf maintains a separate policy on the handling of complaints under the Digital Millennium Copyright Act, which is incorporated into this Agreement and may be viewed at www.airosurf.com/DMCA/.
Retention of Rights. Nothing contained in these Terms of Service or elsewhere in the Agreement shall be construed to limit Airosurf’s rights and remedies available at law or in equity. Upon termination of these the Agreement for any reason, Airosurf reserves the right to delete all Subscriber’s data, files, electronic messages or other Subscriber information that is stored on Airosurf’s or its suppliers’ servers or systems. In addition, Subscriber may forfeit its account user-name and all email, IP and Web space addresses, and voice mail. In the event Subscriber cancels without porting its voice service and the associated telephone number(s) to another service provider, Subscriber will forfeit the telephone number. Airosurf shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.
Force Majeure. Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, explosion, vandalism, cable cuts, storms or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections, riots, wars, or strikes, lockouts, work stoppages or other labor disputes or difficulties. Notwithstanding anything to the contrary set forth herein, Subscriber agrees that payment obligations hereunder shall be absolute and not subject to delay due to any event of force majeure.
Governing Law. The Agreement, including these Terms of Service, shall be governed by and construed in accordance with the laws of the State of Oklahoma. The parties agree that the state courts of Oklahoma shall have sole and exclusive jurisdiction.
Limitations on Actions. Subscriber waives all rights to bring any claim, suit or proceeding on any cause of action more than one (1) year after the date the cause of action arose.