Terms and Conditions for LANRoamer Users

Note: as of July 1, 2001 SOHOWireless has not completed the Beta test phase of developing the LANRoamer Gateway services. As of this time there are no charges for usage. The Terms and Conditions below will apply at the end of the Beta test. Any existing users will be notified of the end of the Beta test and be given the option to unsubscribe prior to being billed.

TERM.

The term of this agreement is month to month paid in advance.  You must provide an automatic charging point (VISA/MasterCard/American Express/Discover) Credit or ATM Debit card and you will be billed monthly in advance on the aniversary date of  your subscription.  You may cancel the service at any time.  Cancellation will take affect immediately and you will be credited back unused service days within 30 days.  The minimum service increment is one day and there is a minimum fee of $10.00.

THE SERVICE.

The Service includes authentication and authorization to use various public access hot zones affiliated with SOHO Wireless' LANRoamer Service.  SOHO Wireless is not the actual Internet service provider.

CANCELLATION.

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service and cancel your account

To cancel the Service you must either use the option on the login web page, call 1-650 322-3604 or write to SOHO Wireless, Inc., Customer Service Manager, 575 High Street Suite 110, Palo Alto, CA 94301. Cancellation will be effective as processed (immediately if done on-line)   Any refunds will be processed within 30 days back to the original payment point.

SOHO Wireless may terminate your password and your use of this authentication service for any reason, including, without limitation, if SOHO Wireless, in its sole discretion, believes you have used affiliated hot-zone access points to probe or hack machines or devices you are not authorized to access in the manner you attempt to access them.

ACCOUNT REQUIREMENTS.

In order to receive the Service:

You must be at least 18 years old and provide a valid credit card that matches your name.Your computer or device must have a standard 802.11b Wireless Network Interface capability:

Charges are billed to your credit card (VISA/MasterCard/American Express/Discover) or ATM debit card, as applicable, each month for the Service and any additional usage or services. SOHO Wireless is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SOHO Wireless.  You agree to maintain valid and current credit card information on file with SOHO Wireless at all times.

Delinquent accounts may be suspended or canceled at SOHO Wireless' sole discretion; however charges will continue to accrue until the account is canceled. SOHO Wireless may bill an additional charge to reinstate a suspended account.

YOUR ACCOUNT, PASSWORD AND SECURITY.

At registration, you will choose an unambiguous username, and password. You must keep your password confidential so that no one else may access the Services using your identification. You must notify SOHO Wireless immediately upon discovering any unauthorized use of your account.SOHOWIRELESS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THIS SERVICE SELF PROVISION BY YOU, WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, SOHO WIRELESS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

MONITORING THE SERVICES.

SOHO Wireless has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if SOHO Wireless, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy.

DISCLAIMERS.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOHO WIRELESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. SOHO WIRELESS  MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SOHO WIRELESS  OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SOHO WIRELESS  OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SOHO WIRELESS  AND IT 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, SOHOWIRELESS 'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.

SOHO WIRELESS  SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; 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 FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SOHO WIRELESS , ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST SOHO WIRELESS  IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE JURISDICTION.

Under California Civil Code Section 1789.3, subscribers 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 1-916-445-1254.

This service is governed by California law without regard to conflict of law provisions. The federal and state courts located in San Jose, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in San Jose, California, USA with respect to such matters or otherwise between you and SOHO Wireless, and waive your rights to removal or consent to removal.

MISCELLANEOUS.

SOHO Wireless may revise, amend, or modify the Terms and Conditions at any time and in any manner. Notice of any revision, amendment, or modification will be posted on SOHO Wireless' Web site