Mio Wireless Usage Policy
1 . SCOPE OF THE AGREEMENT.
These MIO Terms and Conditions (“this Agreement”) govern the provision of wireless voice and data services, broadband Internet access and any other services that may be provided by MIO from time to time (“the Service”). This Agreement is featured on MIO’s website www.mioaruba.com, and may be subject to modification from time to time, as updated on the website. By establishing an account using the Service or Equipment, the contracting party (“the Customer”) agrees to be bound by this Agreement.
The Service may not be available in some areas that are inaccessible to the transmission Equipment because of topography, obstructions or distance. The Service may include:
Broadband Internet access service
Prepaid voice and data wireless services
Use of a MIO EVDO Broadband Wireless modem, any MIO phone or related device (the “Equipment”)
Additional features to complement the Service may also be available as part of the Service subject to this Agreement governing the supply of those products. The Service speed can vary depending on your location, the location within the building relative to the nearest MIO broadcast location, Internet traffic and other factors beyond the control of MIO. MIO does not guarantee upload or download speeds. Speeds indicated in the individual service descriptions are maximum speeds. You are responsible for maintaining a basic level of security on your computer against computer viruses and other possible security problems. MIO is not responsible for ensuring the data you access or make available through the Service will be private, secure or free of anything which may damage the Equipment or data. MIO may, at its sole discretion, suspend the Service without notice if there is a possibility that continued operation of the Service may add unwarranted or undesired costs to others, interfere with others’ use and enjoyment of the Service, or that damages or may damage MIO’s name or reputation. MIO reserves the right to suspend the Service due to or charge for data usage in excess of the subscribed plan each month at a rate dictated by the individual price plan.
The Customer shall obtain a non-exclusive non transferable right to use the Equipment belonging to MIO for the duration of this Agreement. MIO or any agent or re-seller designated by MIO is providing the Equipment for the use of the Service. Equipment is specifically programmed for MIO service and does not function on any network other than MIO’s exclusive licensed frequencies in Aruba. MIO, in its discretion, may, but is not required to, replace the Equipment at no cost in the event of manufacturer defect or failure to connect the Service during the 15-day trial period as described in article 6 of this Agreement. If replacement of the Equipment is needed after the 15-day trial period, the limited manufacturer’s warranty terms and conditions will apply. The Equipment casing is sealed and must not be opened by Customer. In the event the casing is opened by Customer, any warranty that might be applicable shall be void and Customer shall have materially breached this Agreement. Upon such occurrence MIO may, at its sole discretion, suspend your service without notice.
The initial term of this Agreement begins on your account billing start date and continues until the end of the fixed term you selected when signing up for the Service. If you signed up for a term contract, and if you continue to use the Service after the expiration of the initial term and do not sign a renewal agreement, this Agreement will renew for a successive three (3) month period at the then current price MIO charges new customers for the Service. After end of the initial term or any other subsequent term, MIO reserves the right to change the price of the Service at any time upon 30 days notice on its website, or other appropriate means.
5. INVOICING AND PAYMENT.
If recurring monthly charges are assessed on your Service, they will be invoiced and must be paid before the beginning of each bill cycle.Â Initial payment at signing of this Agreement will include a one-time set-up fee (where applicable), prorated recurring charges for first partial month & the following month and all other non-recurring charges (such as optional or additional Equipment if any). All fees are exclusive of taxes which will be added to the charges. For individual accounts, charges are either billed each month to the Customer’s credit card or paid from your bank account through a monthly standing order for the Service and any additional usage or services. MIO is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by MIO. Customer must provide accurate billing information including legal name, address, telephone number, and billing account information for credit card or bank auto withdrawal, and report all changes to this information immediately.
Customer agrees on: (a) Service to be paid on a “prepaid” basis or (b) monthly invoicing until termination on approximately the same day each month following commencement of the Service, a few days before the charges on the invoice fall due; and MIO will automatically charge the invoiced amount to the nominated credit card or bank account on your monthly billing date. This invoiced amount will include monthly charges for the Service, and charges for any additional features purchased and any ancillary charges incurred by the Customer in advance of the invoice being issued.Â MIO is authorized to charge Customer’s credit card or bank account at or after termination for any outstanding fees Customer may owe MIO, including any applicable termination fees. Questions regarding charges to an account should be directed to MIO’s Customer Service Department at 583-0077 or any other telephone number as may be designated from time-to-time. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 30 days old. MIO has the right to charge 1.5 % late fee interest charges per month with a minimum of Awg. 100 and the reasonable cost, amounting to 15% of the outstanding principal to obtain payment. Corporate accounts with good credit histories may qualify for payment by check or transfer. Customer will be responsible for all reasonable costs incurred in collecting payments that are in default. MIO reserves the right to suspend the Service in case Customer has not complied with payment and to charge a fee for reconnecting the Service.
6. 15-DAY TRIAL, CANCELLATION, TERMINATION, SUSPENSION.
You have 15 calendar days to try the Service to ensure satisfaction. If you cancel your account and return the Equipment in good working order in its original packaging within 15 calendar days of the date MIO commissions your Equipment (“Commissioning Date”), MIO will refund all fees incurred to date, excluding the set-up fee. MIO will not refund any fees if the Service is cancelled more than 15 days after Commissioning Date. To cancel the Service you must send a confirmation to customer service in writing or email addressed to email@example.com and receive a confirmation email response or phone call. MIO is under no obligation to purchase back the Equipment after cancellation of service, but may do so in its sole discretion upon terms and conditions reasonably acceptable to MIO. If after 15 days of your original Commissioning Date 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, cancel your account, and pay any cancellation fees that may apply. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. If you signed up for a term contract, you may cancel the Service prior to the end of the contract period by following the steps outlined above and paying MIO the difference between the lower rate you received by committing to a specific term and the higher rate you would have received had you contracted for the term actually used, plus an early cancellation fee equal to two (2) months billing at the originally contracted rate. If the Service quality is not acceptable to the Customer and MIO cannot resolve the problem within 30 calendar days, Customer may cancel the Service without penalty and pay only for service used. MIO may terminate this Agreement and suspend the use of the Service for any reason, including, without limitation, if MIO, in its sole discretion, believes you have violated this Agreements or if you fail to pay any charges when due or are deemed to be due by MIO at its sole discretion. MIO may suspend service without notice if payment is not made on time. Resuming the Service will require payment in full for all due amounts, and may require a reactivation fee and an additional deposit if applicable. Any termination notice will be by email to the address you provided on this Agreement. All notices to you shall be deemed effective on the first (1st) day following the date of the e-mail. Payment obligations and obligations to return Equipment (if applicable) survive termination or cancellation.
7. INSTALLATION AND MAINTENANCE.
MIO will provide basic installation assistance either by phone or, if necessary, by means of a technical service call as part of the Service commissioning starting at AWG. 35.00. “Basic Installation” of the Service includes provisioning of a MIO modem on a single computer. Basic Installation may include the installation of optional Equipment purchased or leased from MIO to be installed at the time of initial commissioning. Any additional charges must be approved by the Customer prior to the work being done. MIO is not responsible for maintaining or ensuring continued operations of other Equipment such as switches, hubs, routers, printers, additional, computers, wireless access points, cabling, or any other Equipment (“Customer System”). MIO may, at its discretion and at Customer’s cost based on MIO’s technical service rate schedule, provide technical services and assistance for the Customer System. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, MIO may cancel the installation process and refund any money that you have paid. MIO shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service. MIO reserves the right to upgrade the firmware in the Equipment remotely without notice.
8. USE OF SERVICE.
The Service and pricing for the Service assumes a Fair Use Policy. Services being provided by MIO are for the personal and/or business use of the Customer as an end-user whereby Customer is not transferring large files and/or using a disproportionate share of the network. The Service is not to be resold by Customer to third-party users; that is, Customer is not to act as a wholesaler, reseller, or service provider of the Service. MIO has the right to limit the use or cancel Service in case the usage of a specific account supersedes the average usage or use specified at Customer sign up. The Service is furthermore subject to MIO’s Acceptable Use Policy set forth in Section 9 below, Violation of any usage guidelines as described herein may result in modification, suspension or cancellation of the Service as provided in this Agreement. MIO may restrict or limit the amount of data used by a Customer as part of the Service and reserves the right to decrease data limitations at any time.
9. MIO’S ACCEPTABLE USE POLICY.
MIO”s acceptable use policy for the Service is designed to help protect MIO (“the Policy”), MIO”s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by MIO. MIO reserves the right to modify the Policy at any time, effective upon posting on MIO’s website www.mioaruba.com.Â Prohibited Uses of MIO Systems and Services:
Illegal Use. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
Sending Unsolicited Bulk E-mail (“UBE”, “spam”). The sending of any form of UBE through MIO”s servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, e-mail address or utilizing any resource hosted on MIO”s servers is prohibited. MIO accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet service provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing e-mail addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by MIO customers must be closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any MIO-hosted domain, or referencing any MIO account, is prohibited.
Violation of Acceptable Use Polices. Advertising, transmitting or otherwise making available any software, program, product, or service that is designed to violate this Policy or the acceptable use policy of any other Internet service provider, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Known Spam Operations. Operating an account on behalf of, or in connection with, or re-selling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (“ROKSO”) database at www.spamhaus.org.
“Hacking”; “Cracking”. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user.
Avoiding Payment. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Other Users. Unauthorized access, alteration or destruction, or any attempt thereof, of any information of any MIO customers or end-users by any means or device.
Harassment of Other Users. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the MIO network or on another provider”s network.
Interference. Using the Service to interfere with the use of the MIO network by other customers or authorized users.
Harm to Minors. Using the Service to harm, or attempt to harm, minors in any way.
Threats. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
Fraudulent Activity. Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as, but not limited to: “pyramid schemes,” “Ponzi schemes,” and “chain letters.
Each MIO customer is responsible for the activities of its users and, by accepting the Service from MIO, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a MIO customer will be forwarded to the MIO customer”s postmaster for action. If violations of the Policy occur, MIO reserves the right to terminate the Service with or take action to stop the offending customer from violating the Policy as MIO deems appropriate, without notice.
The Customer shall be liable for damage caused by a shortcoming attributable to him. This damage shall also include damage of destruction of, loss, theft to the Equipment. Damage shall also include irregular wear and tear. In MIO’s opinion caused by improper use or negligent handling.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AVAILABLE” BASIS. CUSTOMER USES THE SERVICE ENTIRELY AT OWN RISK. UNDER NO CIRCUMSTANCES WILL MIO BE RESPONSIBLE FOR ANY DAMAGES IN EXCESS OF THE USAGE FEES PAID BY THE CUSTOMER. FULL DISCLAIMER IS AVAILABLE ON MIO’S WEB SITE.
This Agreement can not be transferred nor assigned by the Customer without MIO’s prior written permission. This Agreements and MIO’s other policies posted on MIO’s Website constitute the entire agreement between you and MIO with respect to your use of the Service. MIO may revise, amend, or modify this Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on MIO’s Web site.
13. APPLICABLE LAW.
The agreement between the instructing client and the Partnership is subject to Aruba law. Disputes shall be submitted exclusively to the competent court(s) of Aruba. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms.
These general Terms and Conditions have been filed with the Court of First Instance of Aruba and appear on MIO”s Website at www.mioaruba.com.