Acceptable Use Policy
Internet Service Agreement governing the use of 8-Wire High-Speed Wireless Internet � please read carefully before using our service.
8-Wire, LLC, its subsidiaries and affiliates, as well as any other person or entity doing business as 8-Wire High-Speed Wireless Internet, strives to provide the highest quality High-Speed internet service to each of its customers. By using this service or establishing an account, you agree to be bound by this Agreement and to use the service in compliance with all applicable terms. If you do not agree, you may not use the service.
We reserve the right to revise these Terms of Service at any time. Your continued use of the service after changes are posted constitutes acceptance of those revisions.
- A End users establishing an account with 8-Wire, LLC must be at least 18 years old.
- B Members must (i) provide 8-Wire, LLC with accurate and complete billing information - including legal name, address, telephone number, and credit card/billing details - and (ii) report all changes to this information within 30 days of the change. Members are responsible for all charges to their account.
Members are billed each month for the basic service and any additional usage or services. 8-Wire, LLC is not responsible for any charges or expenses resulting from charges billed by 8-Wire, LLC (e.g. overdrawn accounts, exceeding credit card limits). Delinquent accounts may be suspended or canceled at 8-Wire, LLC's sole discretion; however, charges will continue to accrue until the account is canceled.
Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 (COPPA) and all other applicable laws. If you are under the age of 13, you are not authorized to provide personally identifying information, and we will not use any such information in our database collection activities.
8-Wire, LLC recommends that children ask a parent for permission before sending personal information to 8-Wire, LLC, or to anyone else online.
Members receive a username, password, and account designation upon registration. You and members of your household are the only authorized users of your account and must comply with this Agreement. You must keep your password confidential and notify 8-Wire, LLC within 24 hours of discovering any unauthorized use of your account.
Using a personal account for high-volume or commercial use (e.g., revenue generation, advertising) is prohibited. Usernames, passwords, and email addresses are 8-Wire, LLC's property and may be altered or replaced at any time.
Email accounts exceeding 10 MB in size may be transferred to a compressed temporary file or storage. Any member website exceeding 5 MB of disk space or 250 MB of data transfer will be billed for excess usage.
8-Wire, LLC has no obligation to monitor the service, but may do so and may disclose information regarding the use of the service if it believes it is reasonable to do so, including but not limited to: satisfying laws or regulations; operating the service properly; or protecting itself and its members.
8-Wire, LLC may immediately remove your material or information from its servers - in whole or in part - which it determines in its sole discretion to infringe another's property rights or to violate the Acceptable Use Policy.
The service is provided on an "as is" and "as available" basis. 8-Wire, LLC does not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. 8-Wire, LLC makes no express warranties and waives all implied warranties, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
The internet contains unedited materials, some of which may be offensive. 8-Wire, LLC has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for your use of the service and the internet.
Under no circumstances shall 8-Wire, LLC, its employees, subsidiaries, licensors, or any underlying service provider be liable for any costs or damages arising directly or indirectly from your use or inability to use the service or the internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if 8-Wire, LLC has been advised of the possibility of such damage.
Upon a request by 8-Wire, LLC, you agree to defend, indemnify, and hold harmless 8-Wire, LLC and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses � including reasonable attorneys' fees � that arise from your use or misuse of this site.
8-Wire, LLC grants each member a limited, non-exclusive, non-transferable, and non-assignable license to install and use the 8-Wire, LLC access software in order to access and utilize the service. Each member agrees to use the licensed programs solely in conjunction with the service and for no other purpose.
8-Wire, LLC may modify the licensed programs at any time, for any reason, and without notice. 8-Wire, LLC may also disable or restrict the use of any software, tools, or other means for accessing the service.
Members must pay for all services in advance. If a member fails to pay for the service as described herein, 8-Wire, LLC may suspend or terminate the member's service.
Either party may terminate this Agreement at any time upon written notice. 8-Wire, LLC may terminate or suspend any member's access to the service at any time, without prior notice, for any conduct that 8-Wire, LLC believes violates this Agreement or any policies or guidelines established for the service.
Upon termination, 8-Wire, LLC shall not be liable to any member or third party for termination of service. 8-Wire, LLC is entitled to retain any fees paid in advance for services not utilized.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in San Juan County, New Mexico for the resolution of any dispute regarding this Agreement.
If a dispute arises between you and 8-Wire, LLC, you agree to:
- AProvide written notice to 8-Wire, LLC of the dispute within 30 days of the date you become aware of it.
- BUse your best efforts to resolve the dispute through informal discussions with 8-Wire, LLC.
- CIf the dispute is not resolved within 60 days of your notice, you may seek resolution in accordance with the rules of the American Arbitration Association, in San Juan County, New Mexico. Any arbitration will be conducted on a confidential basis.
No Waiver. The failure of 8-Wire, LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Modification of Agreement. 8-Wire, LLC reserves the right to modify the terms of this Agreement at any time by posting a notice on its website. Your continued use of the service constitutes acceptance of the modified Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between you and 8-Wire, LLC with respect to the service and supersedes all prior agreements, understandings, and negotiations, whether oral or written.
This information is provided as a general guide and does not constitute legal advice. We recommend seeking independent legal counsel if you have specific questions about your rights and obligations.