September 30, 2007
By using the Wishfi Services, you agree to be bound by the following terms and conditions (the "Terms and Conditions of Use Agreement of Wishfi Services"), which are a binding agreement between you and Wishfi. You represent that you are of legal age or legal representative of a legal entity to agree and be bound by this agreement, whether you are a "Consumer" (meaning you are using Internet access that is through Wishfi empowered services), an "Service Provider" (meaning you offer Internet access with Wishfi technology to Consumer), or an "Advertiser" (meaning you offer advertisements or information to Consumers through Service Provider).
1. YOUR WISHFI ACCOUNT
In order to participate in Wishfi Services, you may be asked to create a Wishfi account through Wishfi Website.
2. PROPRIETARY RIGHTS
- Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Wishfi account may be deleted without warning if we believe that you violate the Terms and Conditions of Use Agreement of Wishfi Services.
- Password. When you sign up to become a Wishfi user, you will also be asked to choose a username and a password for your Wishfi account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Wishfi account, username, or password of another Wishfi user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Wishfi account or access to your password. You are solely responsible for any and all use of your Wishfi account.
- Fees. You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Wishfi account. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
We do not claim ownership in any "Content" (which means any and all postings, messages, text, files, images, photos, sounds, works of authorship, feedback, bug reports, HTML pages, animation works, advertisements, programming scripts, source codes, computer programs, or other materials) that you post on the services, but to be able to legally provide you with the services, we have to have certain rights to use such content in connection with the services.
3. ACCEPTABLE USE AND CONDUCT
- Your Content. By posting any content on the services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the services. You should only upload Content to the services that you are comfortable sharing with others under the terms and conditions set forth herein.
- Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Content (other than the Content you provide) and services are owned by Wishfi or the user who posted such Content, or other Wishfi licensors. Except that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and services; and (ii) rent, lease, loan, or sell access to the services; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the services for which the source code is not provided to you.
You are solely responsible for any activities of using with Wishfi services.
4. WISHFI FIRMWARE
- Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the services or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
- Enforcement by Us. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Services (or modifying it), terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post or store on the services at your sole cost and expense.
- Miscellaneous. You will not attempt to impersonate another User or person, including any of our employees. You will use the services in a manner consistent with any and all applicable laws and regulations.
- Improper Activities. You agree that you will not act improperly when you are using the services. We have the right to monitor, intercept and disclose any transmissions over or using our services, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). Examples of improper activities include, without limitation:
- attempting to break security, access, tamper with or use any unauthorized services;
- attempting to collect or maintain any information about other users or other third parties for unauthorized purposes;
- creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service;
- engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
- The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders;
- distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
- accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity; or
- using the services for any unlawful, harassing, abusive, criminal or fraudulent purpose.
Wishfi offer firmware for certain hardware. You agree that you are using the firmware, software and files downloaded from Wishfi at your own risk and it may affect hardware performance and warranty. Wishfi is not responsible for software failure, performance impact, system configuration loss and product warranty avoidance. You acknowledge that part of the firmware gets updated automatically. You agree to accept the automatic self-update without further notice.
- Part of firmware was built with free software. You may redistribute and/or change it according to the terms of the GNU General Public License as published by the Free Software Foundation. To request the build project, please contact Wishfi.
- Wishfi agent software module used in the firmware is entirely Wishfi proprietary, which is not under GNU General Public License. When you request the firmware build project, we will provide Wishfi agent software module in executable binary format.
If you are using Internet Access with Wishfi enabled services, you are a Consumer. You agree to accept Terms and Conditions of Use Agreement of Wishfi Services to use the Internet Access that is offered by Wishfi or other 3rd party.
6. SERVICE PROVIDER
- You agree to provide your truthful and accurate profile information if you are asked to provide.
- You agree to accept information or advertisement that is offered by Wishfi advertiser or Wishfi partner without blocking or obscuring it. You acknowledge and accept that the content you receive may be appended with information for Wishfi advertising before you receive it.
- You agree that Wishfi or Wishfi authorized partner can use the profile information you provide and your transactions with Wishfi or Wishfi authorized partner for advertisement utilization and statistics.
- You acknowledge that the party offers Internet Access that you are using may be independent to Wishfi. The independent party reserves their rights to change or discontinue the services. Wishfi has no obligation for the Internet Access services offered by independent party, including but not limit to its quality, service continuation, connectivity, support, service fee or charge, etc.
- You acknowledge that the party offers Internet Access may have their Terms and Conditions of Use. Wishfi has no obligation to change or modify their Terms and Conditions of Use.
- You acknowledge that Content appended by Wishfi services may not belong to Wishfi. Wishfi has no obligation to be responsible for the Content that does not belong to Wishfi. However, you can send report to Wishfi if you think it is Prohibited Content. Wishfi will remove the Content if it violates the Terms and Conditions of Use Agreement of Wishfi Services.
If you provide Internet Access to consumers with Wishfi enabled services, you are an Service Provider. You agree to accept Terms and Conditions of Use Agreement of Wishfi Services to provide the Internet Access to Consumers.
- You agree to provide truthful and accurate profile information of each access point that needs to be managed by Wishfi services.
- You agree not to sniff or record consumer's activities with Wishfi services.
- You acknowledge that Wishfi has no obligation for any incurred fee, charge, or any related cost of Internet connectivity you provide to consumers.
- You agree that your Wishfi services will accept advertisements other than yours if you do not sign up the corporate account with us.
- You acknowledge that Wishfi agent may get self-updated during the operation. Wishfi is not responsible for the update result or failure of the update.
If you provide content through Service Providers with Wishfi services to Consumers, you are an Advertiser.
- You agree that the content you provide is not Prohibited Content.
- You agree that you provide truthful and accurate information for the content you provide, including the content itself.
- You acknowledge that Wishfi has the rights to approve or disapprove the content you provide.
- You are solely responsible for the content you provide.
9. YOUR RESPOSIBILITIES
You understand that the Internet Service, which is with wireless or wired technologies, is not inherently secure and that communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of the services. You agree that you are responsible for providing security measures that are suited for your intended use of services. For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by Wishfi, you must provide all equipment, technology and software to use the services.
We are not responsible for any incorrect or inaccurate Content posted on the services, whether caused by users or by any of the equipment or programming associated with or utilized in the services. We are not responsible for the conduct, whether online or offline, of any user of the services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or system communication. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Consumers, Service Providers, and/or Advertisers to any person's computer related to or resulting from participation or downloading materials in connection with the services. We are not responsible for manufacturer warranty of the hardware you are using with or without Wishfi firmware and/or software. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the services or from any Content posted on the Website or transmitted to users, or any interactions between users of the services, whether online or offline.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WISHFI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WISHFI DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR PERFORMANCE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER WISHFI OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. In addition, Wishfi and its suppliers will not be responsible for any damages, losses, expenses or costs that customer suffers AS A RESULT OF: (i) any interruption or failure of the services OR products; (ii) the downloading or use of any information, data or materials obtained via the services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF WISHFI, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of services or products or combination of services or products with other services, products or equipment; (VI) viruses, worms, Trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to customer's data, web-site, computers, or networks.
You agree to hold harmless and indemnify Wishfi, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Wishfi will provide you with written notice of such claim, suit or action.
13. GENERAL PROVISIONS
14. JURISDICTION AND APPLICABLE LAW
- Headings contained herein are provided for convenience and reference only. Headings in no way affect or limit the interpretation, contents, or terms of these Terms and Conditions of Use Agreement of Wishfi Services.
- Any provision of these conditions which is held invalid or unenforceable in a given jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereto, and any such invalidity or unenforceability in a given jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
- No failure or delay by Wishfi in exercising any right, power or privileges under these Terms and Conditions of Use Agreement of Wishfi Services shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder.
These Terms and Conditions of Use Agreement of Wishfi Services are governed by and are to be construed in accordance with the laws of the State of California and the parties hereby agree to submit to the exclusive jurisdiction of the State of California courts.