HOTSPOTZZ Network Member Service Agreement

THIS AGREEMENT WILL GOVERN YOUR USE OF THE SERVICE, AND YOU SHOULD READ IT CAREFULLY BEFORE CLICKING "I AGREE" BELOW AND PROCEEDING TO USE THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

1. This is a binding agreement. By using the Service, you agree to abide by this Agreement, as it may be amended by HOTSPOTZZ from time to time in its sole discretion. It is your responsibility to review the terms of this Agreement periodically, and if at any time you find the terms of this Agreement unacceptable, you must immediately cease all use of the Service. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. You must have certain hardware in order to access and use the Service. You will be solely responsible for obtaining and maintaining the communications equipment necessary to access and use the Service, including wireless or standard network cards, computer hardware and software, and for ensuring that such equipment is compatible with HOTSPOTZZ's requirements. Please contact HOTSPOTZZ directly should you have any compatibility or other equipment questions.
3. You agree to pay HOTSPOTZZ for your use of the Service. In exchange for your use of the Service, you agree to pay usage fees (plus any applicable sales taxes) to HOTSPOTZZ according to the membership plan or other payment option selected by you.
4. HOTSPOTZZ will provide you with Network access via the Service. Provided that you comply at all times with the terms of this Agreement, HOTSPOTZZ will provide you with high-speed, wireless Internet access in locations that offer a HOTSPOTZZ Access Point. In order to access and make full use of the Service, you must first register with HOTSPOTZZ and select an identifying user name (the "User ID") and a confidential password (the "Password"). Any information that you provide to HOTSPOTZZ must be truthful, accurate, current and complete, and you agree that you will notify HOTSPOTZZ immediately if there is any change to this information.
5. HOTSPOTZZ owns the Service and all rights to the Service. HOTSPOTZZ owns all right, title, and interest in and to the Service, the Network, the Site and all portions thereof. HOTSPOTZZ, HOTSPOTZZ.COM, and HOTSPOTZZ NETWORK are trademarks of HOTSPOTZZ. Nothing provided by the Service or contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by HOTSPOTZZ or by any third party.
6. The HOTSPOTZZ Terms of Acceptable Use and other online policies govern your use of the Service and the Site at all times. Your use of the Service is governed at all times by the HOTSPOTZZ Terms of Acceptable Use, as well as any other online policies that may be promulgated by HOTSPOTZZ and made available on the Site. Please click here to review and confirm your agreement to the HOTSPOTZZ Terms of Acceptable Use, which are incorporated into this Agreement by this reference. You agree to permit HOTSPOTZZ or its representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. HOTSPOTZZ does not intend to disclose the existence or occurrence of such an investigation unless required by law, but HOTSPOTZZ reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if HOTSPOTZZ believes that you have violated this Agreement, any of the Terms of Acceptable Use or any other online policy, furnished HOTSPOTZZ with false or misleading information, or interfered with use of the Service by other users. HOTSPOTZZ further reserves the right to terminate any accounts that have been inactive for one hundred eighty (180) days or longer. HOTSPOTZZ may modify, suspend or discontinue the Service at any time, with or without notice, and without liability to you, any other user or any third party.
7. You are responsible for maintaining the confidentiality of your account information. You may not register twice or use more than one Password or User ID when you access or use the Service. Sharing your Password or your User ID with anyone else is a violation of this Agreement, and if at any time HOTSPOTZZ learns that you have given others access to your User ID or Password, HOTSPOTZZ reserves the right to terminate your access to the Service immediately. You are solely responsible for maintaining the security of your Password and User ID, as well as your account, files, network access, and any information you disseminate through the Service, and for any and all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.
8. HOTSPOTZZ respects your privacy and permits you to control the treatment of your personal information. Under HOTSPOTZZ's privacy policy, HOTSPOTZZ may disclose to third parties certain aggregate, non-personalized information contained in your registration application, but HOTSPOTZZ will not disclose your name, address, email address or telephone number without your prior consent, except as may be required by law. A complete statement of HOTSPOTZZ's privacy policy can be found by clicking here. HOTSPOTZZ's privacy policy is expressly incorporated into this Agreement by this reference.
9. HOTSPOTZZ has in place certain legally mandated procedures regarding allegations of copyright infringement occurring with the Service or on the Site. You acknowledge that HOTSPOTZZ has adopted a policy that provides for the immediate suspension and/or termination of any user of the Site who is found to have infringed on the rights of HOTSPOTZZ or of a third party, or otherwise violated any intellectual property laws or regulations. This policy is set forth in greater detail in the HOTSPOTZZ Terms of Acceptable Use.
10. HOTSPOTZZ Disclaims All Warranties (Please Read this Carefully). HOTSPOTZZ is providing the Service to you "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTSPOTZZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND HOTSPOTZZ'S PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HOTSPOTZZ DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
11. HOTSPOTZZ's Liability to You is Limited (Please Read this Carefully). You understand and acknowledge that the Service may contain errors, design flaws, or other problems, and that use of the Service may result in unpredictable damage or loss to you, including without limitation unexpected results or loss of data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOTSPOTZZ BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HOTSPOTZZ. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Without limiting the foregoing, in no event will HOTSPOTZZs aggregate liability to you relating to or arising out of this Agreement, whether in contract, tort or otherwise, exceed the total amounts paid by you to HOTSPOTZZ for your use of the Service as set forth herein.
12. HOTSPOTZZ has no control over, and no liability for any third-party websites or materials. HOTSPOTZZ works with a number of partners and affiliates whose Internet sites may be linked with the Site or otherwise accessible via the Service. Because HOTSPOTZZ has no control over the content and performance of these partner and affiliate sites, HOTSPOTZZ makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and HOTSPOTZZ assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Service or the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that HOTSPOTZZ makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, this Agreement (including the HOTSPOTZZ Terms of Acceptable Use) will govern your use of any and all third-party content.
13. You agree to indemnify HOTSPOTZZ for all of your acts and omissions. You agree to indemnify, defend and hold harmless HOTSPOTZZ, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Service, your violation of the Terms of Acceptable Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HOTSPOTZZ will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will insure to the benefit of HOTSPOTZZ's successors, assigns and licensees.
    1. Certain Other, General Terms Apply to this Agreement.
    2. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of UTAH, without reference to its rules regarding conflicts of law.
    3. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
    4. The Service is controlled and operated by HOTSPOTZZ from its offices in the State of Utah. HOTSPOTZZ makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of the Service should not be construed as HOTSPOTZZ' purposefully availing itself of the benefits or privilege of doing business in any state other than Utah.
    5. This Agreement, including the HOTSPOTZZ Terms of Acceptable Use, the HOTSPOTZZ privacy policy, and any and all other online policies promulgated by HOTSPOTZZ, constitutes the entire agreement between HOTSPOTZZ and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
    6. HOTSPOTZZ may, in its sole discretion and without prior notice: (a) revise the terms and conditions of this Agreement (including any online policy); (b) revise its billing rates and other fees; and (c) modify the Service at any time. HOTSPOTZZ will post any such revision or modification to the Site, and the revision or modification will be effective immediately upon such posting. You agree to review this Agreement and the online policies as posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use Service following notice of any revision, you agree to abide by any such revision.