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Boingo Wireless Review - Boingo Is Great. - Boingo Wirless
Boingo Wireless Review

Boingo Wireless Review

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Boingo Is Great. - Boingo Wirless


What all you people fail to realize is this: you agree to terms and conditions as such: LICENSE AGREEMENT. PLEASE CAREFULLY REVIEW THE APPLICABLE CUSTOMER AGREEMENT (WITH ACCEPTABLE USE POLICY).

· for the Boingo AYG Customer Agreement, please [click here]

· for the Boingo Unlimited Customer Agreement, please [click here]

· for the Boingo Global Customer Agreement, please [click here]

· for the Boingo “Skype Access” Customer Agreement, please [click here]

IF YOU ARE DOWNLOADING AND/OR USING THE BOINGO SOFTWARE, THEN PLEASE ALSO CAREFULLY REVIEW THE END USER LICENSE AGREEMENT.

· for the End User License Agreement, please [click here] Boingo Wireless , Inc. Customer Agreement (with Acceptable Use Policy) for AYG Customers
Acceptance of terms
Please read the following Boingo customer agreement (the "Agreement") carefully before signing up for a Boingo account or using the Boingo wireless Internet services. This Agreement is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to establish an account and/or use the Boingo services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this agreement, you must not sign up for an account or use the service and must exit the Boingo registration process.

For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights.

You should print and keep a copy of this Agreement for your future reference.

AGREEMENT
The term and conditions of this Agreement govern the relationship between you ("Customer" or "you") and Boingo Wireless, Inc. ("Boingo" or "we" or "us"). Boingo provides its "AsYouGo" wireless internet services, as they may exist from time to time ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Boingo, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Boingo policies posted on the Boingo website, including the end user license agreement (if you are using the Boingo Software), our privacy policy and website terms of use. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall apply.

1. Supplier. Unless specified otherwise, the Services will be supplied by Boingo Wireless, Inc., a Delaware corporation whose main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA.

2. Payment Obligations. You must (i) provide Boingo with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to Boingo all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Boingo's Customer Service Department at (800) 880-4117 or by email at support@boingo.com.

Charges are billed to your credit or debit cards for usage of the Services. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges correctly billed by Boingo. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

3. Locations and usage. Because we do not own or operate all of the access points included in the Service, not all access points to use the Services or enabled venues may be available at all times. How your subscription is finalized and governing law

1. Our invitation to you to order a subscription to the Services is not an "offer" by us to sell you a subscription at the prices on the Website. Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalized (and a legal contract is created between us) when we send you a confirmatory email accepting your order. If there is a mistake in the subscription pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.

2. For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been concluded in California, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of California, United States of America, without giving effect to conflict of laws provisions thereof.

4. Payment. If payment cannot be charged to your credit or debit card or your charge is returned to Boingo for any reason, Boingo reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Boingo service and your account, and to terminate all obligations of Boingo under this Agreement.

5. Input of incorrect information. Boingo cannot accept any liability for any failure to comply with specific instructions stated on the Boingo website or for any incorrect information provided by you.

6. Your Username And Password.

1. Upon registration, you will receive a username, password, and account identification number. You will use the password only for access to the Services and not for any other purpose. You are the only authorized user of your Boingo account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. Any breach of this Agreement and any use of the Services by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Agreement. Any such use will be paid for by you as set out in this Agreement.

2. You must keep your password confidential at all times so that no one else may access the Services through your account. Please notify Boingo immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.

3. Usernames and passwords are Boingo's property and Boingo reserves the right to alter or replace them at any time in its sole discretion.

4. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.

7. Can I cancel my subscription?

1. Once your order is finalized, you cannot cancel it unless our service is not in accordance with this Agreement and that entitles you under normal legal rules to terminate your order.

8. Does my subscription renew? AsYouGo subscriptions are non-recurring and never renew automatically.

9. Monitoring the services. Boingo has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.

10. Our commitment to provide the Services. We will use reasonable efforts to provide access to the wireless hot-spots for which you have paid. We do not operate any wireless or other networks ourselves; instead we obtain for you access to the networks of a huge number of network operators. Because we do not control the networks and other equipment that gets you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.

IMPORTANT - WHAT WE ARE NOT RESPONSIBLE FOR

1. Except for the Boingo website, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating 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.

2. In addition, viruses and other malicious code, are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.

11. Disclaimer and limitation of liability.

1. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and Boingo does not make any assurances or warranties relating to such risks.

2. For the avoidance of doubt, Boingo's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) fraudulent misrepresentation or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.

3. Subject to clause 11.2, in no event shall Boingo and its employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

4. Subject to clauses 11.2 and 11.3, Boingo's cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question.

5. Boingo will not be liable to you for any breach of this Agreement that arises due to any circumstances that Boingo cannot reasonably be expected to control, including any failure in communications and Internet downtime.

12. Acceptable use policy.

1. All customers of the Services and users of the Boingo website and/or the Boingo software agree to and must comply with this section 12, which is Boingo's Acceptable Use Policy ("AUP"), and your use of any Services, the Website or software provided by Boingo constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of the Services under normal circumstances. Similarly Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Boingo may remove, block, filter, or restrict by any other means any materials that, in Boingo's sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your Boingo account or other actions as detailed below. When you use the Services, the third-party from whom Boingo has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.

2. Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services: i. to transmit any information or written, graphic or photographic material ("Material") (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable; ii. to harm, or threaten to harm, minors in any way; iii. to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; iv. to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); v. to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party; vi. to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; vii. to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii. to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; ix. to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; x. to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party; xi. to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law]; xii. to "stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent; xiii. to resell or advertise to resell the Services without Boingo's authorization; or xiv. as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Furthermore, for each account, the Services are limited to a single person on a single device,

3. Boingo requests that anyone who believes that there is a violation of the AUP direct the information to: support@boingo.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

4. Boingo may take any one or more of the following actions, or other actions not listed, at Boingo's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.

13. Copyrights and trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of Boingo or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of Boingo is strictly prohibited.

14. Suspension and termination.

1. Boingo may suspend the operation of the Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time.

2. Without prior notice, Boingo may suspend or terminate this Agreement, your password, your account, and/or or your use of the Services in the event that: (a) you have violated this Agreement or any of the policies applicable to customers; or (b) you fail to pay any charges when due. Boingo may provide termination notice to you by email or by first class post or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

3. The provisions of the following sections of this Agreement will survive termination of this Agreement: 10, 11, 13 and 16.

15. Enquiries or complaints. If you have any enquiries or complaints about the Website or Services, then please address them to support@boingo.com.

16. Miscellaneous. This Agreement sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. Subject to clause 12.2(d), no other representations or terms shall apply to form part of this Agreement. This Agreement and the Privacy Policy, and Boingo's other Customer policies posted on Boingo's website constitute the entire agreement between you and Boingo with respect to your use of the Services. Boingo may revise, amend, or modify this Agreement and any other Customer policies and agreements at any time and in any manner. You should check these policies each time you revisit the Website. All notices and return of the Boingo Software and documentation should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA, Attn: Corporate Counsel.

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Boingo Wireless, Inc. Customer Agreement (with Acceptable Use Policy) for Boingo Unlimited and Boingo Global Customers
Acceptance of terms
Please read the following Boingo customer agreement (the "Agreement") carefully before signing up for a Boingo account or using the Boingo wireless Internet services. This Agreement is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to establish an account and/or use the Boingo services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this agreement, you must not sign up for an account or use the service and must exit the Boingo registration process.

For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights.

You should print and keep a copy of this Agreement for your future reference.

AGREEMENT
The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and Boingo Wireless, Inc. ("Boingo" or "we" or "us"). Boingo provides its "Boingo Unlimited" and "Boingo Global" wireless Internet access services, as they may exist from time to time ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Boingo, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Boingo policies posted on the Boingo website, including the end user license agreement (if you are using the Boingo Software), our privacy policy and website terms of use. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall apply.

1. Supplier. Unless specified otherwise, the Services will be supplied by Boingo Wireless, Inc., a Delaware corporation whose main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA.

2. Payment Obligations. You must (i) provide Boingo with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to Boingo all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Boingo's Customer Service Department at (800) 880-4117 or by email at support@boingo.com.

Charges are billed to your credit or debit cards each month for the applicable service plan and any additional usage or services. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges correctly billed by Boingo. If you do not pay us money you owe us on time, we may suspend or terminate your access to the Services. However, charges will continue to accrue until the account is canceled and collection, and late fees or other similar fees may be added; provided that these late fees and charges will not exceed the applicable legal limits. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

3. Locations and usage. Because we do not own or operate all of the access points included in the Service, not all access points to use the Services or enabled venues may be available at all times.

PLEASE BE AWARE THAT BOINGO GLOBAL IS LIMITED TO 2,000 MINUTES OF USE OF THE SERVICES DURING ANY BILLING CYCLE MONTH. THE TOTAL NUMBER OF MINUTES THAT YOU CAN USE THE SERVICE IN ANY BILLING CYCLE MONTH IS 2,000. PLEASE ALSO BE AWARE THAT, FOR EACH ACCOUNT, THE SERVICES ARE LIMITED TO A SINGLE USER ON A SINGLE DEVICE. IF YOU USE MORE THAN 2,000 MINUTES OF SERVICES IN ANY BILLING CYCLE MONTH, OR IF THE SERVICES ARE USED BY MORE THAN ONE PERSON ON A SINGLE DEVICE FOR A SINGLE ACCOUNT, THEN WE MAY SUSPEND YOUR ACCOUNT UNTIL THE NEXT BILLING CYCLE MONTH OR WE MAY TERMINATE YOUR ACCOUNT.

4. How your subscription is finalized and governing law

1. Our invitation to you to order a subscription to the Services is not an "offer" by us to sell you a subscription at the prices on the Website. Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalized (and a legal contract is created between us) when we send you a confirmatory email accepting your order. If there is a mistake in the subscription pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.

2. For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been concluded in California, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of California, United States of America, without giving effect to conflict of laws provisions thereof.

5. Payment. If payment cannot be charged to your credit or debit card or your charge is returned to Boingo for any reason, Boingo reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Boingo service and your account, and to terminate all obligations of Boingo under this Agreement.

6. Input of incorrect information. Boingo cannot accept any liability for any failure to comply with specific instructions stated on the Boingo website or for any incorrect information provided by you.

7. Your Username And Password.

1. Upon registration, you will receive a username, password, and account identification number. You will use the password only for access to the Services and not for any other purpose. You are the only authorized user of your Boingo account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. Any breach of this Agreement and any use of the Services by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Agreement. Any such use will be paid for by you as set out in this Agreement.

2. You must keep your password confidential at all times so that no one else may access the Services through your account. Please notify Boingo immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.

3. Usernames and passwords are Boingo's property and Boingo reserves the right to alter or replace them at any time in its sole discretion.

4. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.

8. Can I cancel my subscription?

1. Once your order is finalized, you cannot cancel it before the end of the subscription period you have requested, unless our service is not in accordance with this Agreement and that entitles you under normal legal rules to terminate your order.

2. You can prevent your Monthly Subscription automatically renewing for a further period by notifying us before your present subscription ends in accordance with clause 15.1.

9. Does my subscription renew? Yes, your Monthly Subscription will renew automatically for another subscription period unless you tell us (in accordance with clause 15.1) before the end of the current subscription period that you do not want your subscription to be renewed, or if we no longer make the Services available. AsYouGo subscriptions are non-recurring and never renew automatically.

10. Monitoring the services. Boingo has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.

11. Our commitment to provide the Services. We will use reasonable efforts to provide access to the wireless hot-spots for which you have paid. We do not operate any wireless or other networks ourselves; instead we obtain for you access to the networks of a huge number of network operators. Because we do not control the networks and other equipment that gets you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.

IMPORTANT - WHAT WE ARE NOT RESPONSIBLE FOR

1. Except for the Boingo website, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating 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.

2. In addition, viruses and other malicious code, are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.

12. Disclaimer and limitation of liability.

1. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and Boingo does not make any assurances or warranties relating to such risks.

2. For the avoidance of doubt, Boingo's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) fraudulent misrepresentation or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.

3. Subject to clause 12.2, in no event shall Boingo and its employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

4. Subject to clauses 12.2 and 12.3, Boingo's cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question.

5. Boingo will not be liable to you for any breach of this Agreement that arises due to any circumstances that Boingo cannot reasonably be expected to control, including any failure in communications and Internet downtime.

13. Acceptable use policy.

1. All customers of the Services and users of the Boingo website and/or the Boingo software agree to and must comply with this section 13, which is Boingo's Acceptable Use Policy ("AUP"), and your use of any Services, the Website or software provided by Boingo constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of the Services under normal circumstances. Similarly Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Boingo may remove, block, filter, or restrict by any other means any materials that, in Boingo's sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your Boingo account or other actions as detailed below. When you use the Services, the third-party from whom Boingo has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.

2. Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services: i. to transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable; ii. to harm, or threaten to harm, minors in any way; iii. to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; iv. to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); v. to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party; vi. to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”“pyramid schemes,” or any other form of solicitation; vii. to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii. to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; ix. to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; x. to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party; xi. to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law]; xii. to “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent; xiii. to resell or advertise to resell the Services without Boingo's authorization; or xiv. as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Furthermore, for each account, the Services are limited to a single person on a single device,

3. Boingo requests that anyone who believes that there is a violation of the AUP direct the information to: support@global.boingo.com (for Boingo Global customers) and support@boingo.com (for Boingo Unlimited customers). If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

4. Boingo may take any one or more of the following actions, or other actions not listed, at Boingo's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.

14. Copyrights and trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of Boingo or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of Boingo is strictly prohibited.

15. Suspension and termination.

1. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Boingo at least 5 business days prior to the end of your billing cycle. Notice may be provided by registered or certified mail, return receipt requested addressed to Boingo Wireless, Inc., Customer Service, 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA; or telephone calls directed to Customer Service at (800) 880-4117. Your termination will only be complete upon your receipt of a cancellation confirmation number from Boingo. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.

2. Boingo may suspend the operation of the Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time.

3. Without prior notice, Boingo may suspend or terminate this Agreement, your password, your account, and/or or your use of the Services in the event that: (a) you have violated this Agreement or any of the policies applicable to customers; (b) you fail to pay any charges when due; or (c) you (i) have a receiver or administrative receiver appointed, (ii) become subject to an administration order, (iii) become bankrupt or have bankruptcy proceedings commenced; or (iv) are affected in any jurisdiction other than California by any proceedings of substantially similar affect to any of those listed in (i) - (iii) above. Boingo may provide termination notice to you by email or by first class post or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

4. The provisions of the following sections of this Agreement will survive termination of this Agreement: 11, 12, 14 and 17.

16. Enquiries or complaints. If you have any enquiries or complaints about the Website or Services, then please address them to support@global.boingo.com (for Boingo Global customers) and support@boingo.com (for Boingo Unlimited customers).

17. Miscellaneous. This Agreement sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. Subject to clause 12.2(d), no other representations or terms shall apply to form part of this Agreement. This Agreement and the Privacy Policy, and Boingo's other Customer policies posted on Boingo's website constitute the entire agreement between you and Boingo with respect to your use of the Services. Boingo may revise, amend, or modify this Agreement and any other Customer policies and agreements at any time and in any manner. You should check these policies each time you revisit the Website. All notices and return of the Boingo Software and documentation should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA, Attn: Corporate Counsel.

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Boingo Wireless, Inc. Customer Agreement (with Acceptable Use Policy) for Boingo “Skype Access” Customers
Acceptance of terms
Please read the following Boingo customer agreement (the “Agreement”) carefully before using the Boingo wireless Internet services. This Agreement is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to use the Boingo services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this agreement, you must not use the service.

For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights.

You should print and keep a copy of this Agreement for your future reference.

AGREEMENT
The terms and conditions of this Agreement govern the relationship between you (“Customer” or “you”) and Boingo Wireless, Inc. (“Boingo” or “we” or “us”). Boingo provides its “Boingo ‘Skype Access’” wireless Internet access services, as they may exist from time to time (“Services”), to customers who use the Services. By using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Boingo policies posted on the Boingo website, including our privacy policy and website terms of use. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall apply.

1. Supplier. Unless specified otherwise, the Services will be supplied by Boingo Wireless, Inc., a Delaware corporation whose main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA.

2. Payment Obligations. Payment for the Services by customers using Skype Credit shall be subject to and governed by the Skype Terms of Service, which can be found at http://www.skype.com/intl/en-gb/legal/terms/voip/#payment_issues.

3. Locations and usage. Because we do not own or operate all of the access points included in the Service, not all access points to use the Services or enabled venues may be available at all times.

4. Input of incorrect information. Boingo cannot accept any liability for any failure to comply with specific instructions stated on the Boingo website or for any incorrect information provided by you.

5. Monitoring the services. Boingo has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.

6. Our commitment to provide the Services. We will use reasonable efforts to provide access to the wireless hot-spots for which you have paid. We do not operate any wireless or other networks ourselves; instead we obtain for you access to the networks of a huge number of network operators. Because we do not control the networks and other equipment that gets you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.

IMPORTANT - WHAT WE ARE NOT RESPONSIBLE FOR

1. Except for the Boingo website, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating 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.

2. In addition, viruses and other malicious code, are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.

7. Disclaimer and limitation of liability.

1. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and Boingo does not make any assurances or warranties relating to such risks.

2. For the avoidance of doubt, Boingo's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) fraudulent misrepresentation or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.

3. Subject to clause 7.2, in no event shall Boingo and its employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

4. Subject to clauses 7.2 and 7.3, Boingo's cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question.

5. Boingo will not be liable to you for any breach of this Agreement that arises due to any circumstances that Boingo cannot reasonably be expected to control, including any failure in communications and Internet downtime.

8. Acceptable use policy.

1. All customers of the Services and users of the Boingo website agree to and must comply with this section 8, which is Boingo's Acceptable Use Policy ("AUP"), and your use of any Services or the Website constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of the Services under normal circumstances. Similarly Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Boingo may remove, block, filter, or restrict by any other means any materials that, in Boingo's sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your Boingo account or other actions as detailed below. When you use the Services, the third-party from whom Boingo has obtained the right to access the applicable Hot Spot at which the Services are being used is an intended third-party beneficiary of this AUP.

2. Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services: i. to transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable; ii. to harm, or threaten to harm, minors in any way; iii. to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; iv. to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); v. to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party; vi. to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”“pyramid schemes,” or any other form of solicitation; vii. to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii. to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; ix. to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; x. to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party; xi. to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law]; xii. to “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent; xiii. to resell or advertise to resell the Services without Boingo's authorization; or xiv. as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Furthermore, for each account, the Services are limited to a single person on a single device,

3. Boingo requests that anyone who believes that there is a violation of the AUP direct the information to: support@global.boingo.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

4. Boingo may take any one or more of the following actions, or other actions not listed, at Boingo's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend the Service; (iii) terminate the Service; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.

9. Copyrights and trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of Boingo or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of Boingo is strictly prohibited.

10. Suspension and termination.

1. Boingo may suspend the operation of the Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time.

2. Without prior notice, Boingo may suspend or terminate this Agreement and/or or your use of the Services in the event that you have violated this Agreement or any of the policies applicable to customers.

3. The provisions of the following sections of this Agreement will survive termination of this Agreement: 6, 7, 9 and 12.

11. Enquiries or complaints. If you have any enquiries or complaints about the Services, then please address them to Skype Customer Service by email at support@skype.com.

12. Miscellaneous. This Agreement sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. Subject to clause 7.2(d), no other representations or terms shall apply to form part of this Agreement. This Agreement and the Privacy Policy, and Boingo's other Customer policies posted on Boingo's website constitute the entire agreement between you and Boingo with respect to your use of the Services. Boingo may revise, amend, or modify this Agreement and any other Customer policies and agreements at any time and in any manner. You should check these policies each time you revisit the Website. All notices should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA, Attn: Corporate Counsel.

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End User License Agreement
Acceptance of terms
Please read the following terms and conditions carefully before installing or using the accompanying Boingo Software. This end user license agreement (the “Agreement”) is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to download, install and/or use the Boingo Software accompanying this Agreement and related documentation, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this Agreement, you must not install or use the software and must exit the Boingo registration process.

For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights.

You should print and keep a copy of this Agreement for your future reference.

BOINGO WIRELESS, INC. END USER LICENSE AGREEMENT
1. Who we are. Boingo Wireless, Inc. is a Delaware corporation and its main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA (“Boingo”, “we” and “us”).

2. Your rights to use Boingo software. This section is about how you may use the Boingo software provided to you, its associated documentation, and any updates thereto (together, we will call these elements the "Boingo Software").

You may use the Boingo Software only for your own personal or internal business purposes, including accessing and using the wireless Internet access services that may be provided by Boingo from time to time.

Boingo may modify the Boingo Software at any time, for any reason, and without providing you with notice of such modification. Modifications will be intended to add functionality, solve bugs or otherwise improve and update the Boingo service.

You will not receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Boingo Software under this Agreement.

3. We own all rights in the Boingo Software. The Boingo Software and the worldwide Intellectual Property Rights in it are owned by Boingo and our licensors. In addition, the Boingo Software, including its structure, organization and source code, is the confidential and proprietary information of Boingo and our licensors. Boingo reserves all rights in and to the Boingo Software that are not expressly granted to you in this Agreement.

4. What you are allowed and not allowed to do with the Boingo Software. You may only use the Boingo Software in ways that comply with the law in the jurisdictions in which you use the Boingo Software. Examples of laws which may be relevant to how you use the Boingo Software include rules restricting your rights to copy and use other people's content under copyright law.

There are some other things which, because Boingo Software is a valuable asset of our business, you agree not to do. You will not:

o take any action to jeopardize, limit or interfere in any manner with Boingo's or its licensors' ownership of or rights with respect to the Boingo Software;

o redistribute the Boingo Software to anyone else;

o permit other individuals to use the Boingo Software;

o modify, translate, reverse engineer, decompile, disassemble the Boingo Software. We do not want to stop you doing these things where the law says you can. Specifically, you may decompile the Boingo Software where necessary to create an interface or API to be used with the Boingo Software but only where you only obtain information which is required to do that and do not use that information for any other purpose (including disclosing any part


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Comments


paulinwales says: (7 years ago)
 0
so you can read all that at a busy airport huh????



funkb4u says: (8 years ago)
 0
I'm afraid that isn't my issue with Boingo. I knew the terms; if I failed to cancel, the recurring charge would be incurred. The problem is that I cancelled - twice - and they are still charging my card.



sibergrrl says: (8 years ago)
 0
Ha ha ha ha ha ha




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