WELCOME TO ENCO WI-FI SERVICES.
TERMS OF SERVICE
UPDATED 8/1/2015
Your wireless interest services are provided by Enco Electronics Systems, LLC ("ENCO WiFi") to eligible customers of ENCO WiFi and to authorized end-users. ENCO WiFi has partnered with a regional high speed internet service company to provide You with wireless internet services, collectively referred to as “WiFi Services."
By using the WiFi Services, You have agreed to the Terms of Service contained in this agreement, as well as the Terms of Service and Acceptable Use Policies (collectively referred to as “AUP”) of our partnered high speed internet service provider. The AUP of our partnered internet service provider may be found at the following website. Our partner for internet service is Southern Light:http://www.slfiber.com/acceptableusepolicy.http://southernlightfiber.com/acceptable-use-policy
For customer service or questions concerning the WiFi Services, please contact ENCO WiFi at: 800-393-3973.
The Terms of Service and AUP may be updated or changed from time to time at ENCO WiFi’s and its partnered internet service provider’s sole option. ENCO WiFi will post its updates and changes to this website without notice to You. ENCO WiFi’s partnered internet service provider will post all of its updates and changes to its AUP website without notice to You. The changes are effective upon posting. Your use of the WiFi Service following updates or changes will constitute Your acceptance of those changes. If You do not agree to the changes, You must terminate Your use of the WiFi Services immediately.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WIFI SERVICES.
GENERAL INFORMATION
To use the WiFi Services, You must have Your own wireless-enabled device that is compatible with the specific ENCO Wi-Fi equipment. You must also have a log-in ID and password to access the WiFi Services. The ENCO WiFi customer that is hosting access for these WiFi Services will provide You with a log-in ID and password. You agree to keep Your log-in ID and password confidential. You are solely responsible for any liability or damages resulting from Your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under Your member log-in ID. You agree to immediately notify ENCO Wi-Fi if You suspect any breach of security such as loss, theft, or unauthorized disclosure or use of Your log-in ID or password.
The WiFi Services are intended for the limited purposes of allowing access to the public internet for e-mail, web browsing, download files via the ‘ftp’ protocol, and for purposes otherwise consistent with these Terms of Service and the AUP. The WiFi Services and any related websites are not directed to children under the age of 13. ENCO WiFi highly recommends that parents or guardian of children monitor a child’s use of the WiFi Services.
You may use more than one internet connecting device, but the number is not unlimited and may change from time to time without prior notice. To ensure that multiple simultaneous users are able to use the WiFi Services, ENCO WiFi may place a time limit on each session, a limit on a number of sessions within a given time period, a limit on the number of devices per account, or a limit on the amount of bandwidth used by each device. If ENCO WiFi implements a time limit on Your use of the Wi-Fi Services, there is no warning prior to disconnection of the session. You may use the WiFi Services for as long as WiFi Services is offered and the ENCO WiFi customer hosting Your access is in good standing. ENCO WiFi has the right to terminate Your ability to use WiFi Services if You violate any of the Terms of Service contained herein, in the AUP of our partnered internet service provider, or if You abuse the WiFi Services by, for example, blocking the MAC address of Your WiFi device from accessing the WiFi Services.
Upon reasonable notification to the host of the WiFi Services or to You, and at a reasonable time, ENCO Wifi may make such tests and inspections as may be necessary to determine that You or the host are complying with the requirements set forth herein.
SECURITY WARNING FOR USE OF WIFI SERVICES
WiFi Services are provided over wireless radio waves, which means that Your transmissions may be intercepted by unauthorized persons. The unsecured nature and ease of connection to wireless internet services increases the risk that unauthorized persons can access Your phone, laptop or other device or Your communications over the Wi-Fi Services network. ENCO Wifi utilizes a network that allows bi-directional access to the internet. Using the WiFi Services network may result in harmful viruses being downloaded and stored on Your computer. The WiFi Services network is not intended to protect You from hackers, viruses or other harmful elements that may result from participation in WiFiServices, and as such, You should not rely on the network to provide such protection. ENCO Wifi may run third party virus check software or other protection measures over its network to scan e-mails or internet activity; however, ENCO Wifi does not represent, warrant or covenant that such software will detect, repair or correct any or all viruses or other harmful code or software. Your accessing certain websites through the WiFi Services network may result in “cookies” and other tracking devices to be entered in Your computer equipment and stored on Your browser. It is Your responsibility to disable the entry of “cookies” or other tracking devices following procedures, if available, on Your browser.
It is Your responsibility to protect Your computer and data from harmful viruses. There are certain precautions that You may take to lower the security risks. If You have VPN, ENCO WiFi recommends that You connect through it for optimum security. ENCO WiFi encouragesusers to observe standard security practices. Your electronic devices should have firewall protection, and Your security software or Your anti-malware software is installed, functional and updated. ENCO WiFi recommends that You avoid transmitting or accessing sensitive personal information over the Wi-Fi Services network.
You assume all risk and release ENCO WiFi, its partnered internet service provider, and the host in the event of any damage You may suffer during use of WiFi Services, including any viruses that may occur or breaches from unauthorized third parties.
The WiFi Services should not be used in making 911 or other emergency calls. The911 or other emergency call may not go through.
MODIFICATIONS TO THE SERVICE
ENCO WiFi reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the WiFi Services or any function or feature of the WiFi Services. You agree that ENCO WiFi will not be liable to You or to any third party for any such modification, suspension or discontinuance of the WiFi Services.
LIMITATIONS WITH WIFI SERVICES
WiFi Services are subject to the availability and the operational limitations of the equipment and associated facilities, the user’s devices, and the partnered internet service providers equipment and facilities. There is no guarantee of bandwidth. Your connection speed may not be suitable for some of Your applications, and particularly those involving real or near real time, high-bandwidth uses such as video streaming or video conferencing.
The host who has provided You with access to the WiFi Services may have implemented URL filtering or other content filtering services which block access to certain websites or content (“Content Filtering”). ENCO WiFi is not responsible for such Content Filtering and will not be liable to You for any acts, omissions, performance or non-performance related to the Content Filtering.
Temporary interruptions of the WiFi Services may occur as normal events in the provision of the WiFi Services. ENCO WiFi and its partnered internet service provider will not be liable for any such interruptions. ENCO WiFi has no control over its partnered internet service provider and therefore, delays and disruptions of network transmissions are beyond the control ofENCO WiFi. ENCO WiFi will not be liable for any failure of performance, if such failure is due to any cause beyond ENCO WiFi's reasonable control, including but not limited to acts of God, fire, explosion, vandalism, flooding, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, shortages, breaches, or delays, or delays caused by You or Your equipment.
ALTERATION OF PROPERTY FOR INSTALLATION
ENCO is authorized to make preparations to the Property and individual condominium units such as drilling holes, driving nails, making attachments or doing any other thing necessary in ENCO's sole discretion for the installation and service of the WiFisystem equipment. ENCO shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the WiFi system equipment. Yourepresent that the condominium unit owners authorize the installation of the WiFi system equipment under the terms of this Terms of Service agreement.
MONITORING AND COLLECTION OF DATA
When Your devices connect to the Wi-Fi Services, our network collects and generates information and records at the same time we are routing Your traffic to the Internet. ENCO WiFi collects information to authenticate You as an authorized user of the WiFi Services. Once authenticated, Your information will be stored to allow You to re-connect to the WiFi Services. You will be required, on occasion, to re-authenticate Your log-in ID and Your password. ENCO WiFi will track and store IP addresses and the MAC address of Your devices accessing the WiFi Services, as well as usage data associated with the MAC addresses of each device. By using the WiFi Services, You consent to our collecting this information. You also consent to our using the information to assess and improve our wireless internet services, and to use the information for internal reporting purposes. ENCO WiFi will not include personal information that will allow the host to specifically identify You, unless we give You prior notice and receive Your express consent.
ENCO WiFi may monitor the traffic for network management and security purposes, such as identifying malware, bandwidth consumption, location of the access, session start and end time, types of protocols and applications used, websites You visit and search terms You enter while using the service, and illegal content such as child pornography. We do not gather information from secure connections such as VPN or HTTP. By using the WiFi Services, You consent to our collecting such information. You also consent to our using such information for purposes of assembling anonymous and aggregate web browsing information about websites that are most visited by users at the host’s location. We do not include information that will allow the host to associate the web browsing to You or to specifically identify You unless we give You prior notice and receive Your express consent. ENCO WiFi may provide this information to law enforcement pursuant to a subpoena or court order, or to protect our rights, users or property. You acknowledge and agree that ENCO WiFi has the right to electronically monitor Your use of the WiFi Services to operate the WiFi Services properly, to protect itself or its subscribers, to enhance or develop ENCO WiFi Services offered to You, to disclose any information as necessary to satisfy any law, regulation or other governmental request, or to protect our rights, network, users or property.
ENCO Wi-Fi may contract with the host, and with local businesses, retailers, and restaurants in the area to provide them with metric reports about usage of the internet services at the host’s location. Metric reports contain statistical information regarding, for example, the number of devices connecting to the Wi-Fi Services, duration of Wi-Fi sessions, and the amount of bandwidth used. These reports contain aggregate and anonymous data. If You do not want information about Your use of the WiFi Services collected and provided in this manner, You should configure Your device not to connect to the Wi-Fi Services.
ENCO Wi-Fi may use data collected through the use of the WiFi Services to generate marketing reports. By using the WiFi Services, You consent to the inclusion of aggregate and/or anonymous information in in our marketing reports.
ENCO WiFi does not knowingly collect information from persons under the age of 13.
THIRD-PARTY NETWORK
When You connect to the WiFi Services at Your host’s location, ENCO WiFi’s wireless services will connect over a network or network equipment that is owned or operated by ENCO WiFI’s partnered internet service provider. Your connection data, including Your MAC address or IP address, may be visible to our partnered internet service provider. By connecting to the WiFi Services, You consent to the third-party access to this information. The use policies of information collected by third-party network operators is disclosed at their website.
RESTRICTIONS ON USE
If You do not comply with the Terms of Services and our partnered internet service provider’s AUP, You must stop using the ENCO WiFi Services immediately. In addition to the Terms of Services and our partnered internet service provider’s AUP, You agree that You will not:
1. Share the WiFi Services with any third party not authorized by ENCO WiFI or the host for Your WiFi Services;
2. Use the WiFi Services in a manner that violates any applicable local, state, or federal law or regulation;
3. Take part in any fraudulent or unlawful activities;
4. Post, transmit, or distribute content that is illegal, unlawful, or is otherwise offensive or objectionable in ENCO WiFi's sole discretion;
5. Block or interfere with any other person’s use of the WiFi Services;
6. Program any IP address other than the one assigned to You into Your wireless-enabled device; or
7. Program any other MAC address into Your device.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPRESSLY STATED, THE WIFI SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ENCO WIFI DOES NOT WARRANT THAT THE WIFI SERVICES WILL MEET ANY PARTICULAR NEED OF THE USERS OR THAT THE OPERATION WILL BE ERROR FREE. ENCO WIFI MAKES NO WARRANTY THAT THE WIFI SERVICES WILL ACHIEVE ANY PARTICULAR DOWNLOAD AND UPLOAD SPEEDS. REFUNDS WILL NOT BE GIVEN FOR ANY FAILURE OF THE WIFI SERVICES.
IN NO EVENT SHALL ENCO WIFI, ENCO WIFI’S PARTNERED INTERNET SERVICE PROVIDER, OR THE HOSTBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF WIFI SERVICES. YOU HEREBY WAIVE ANY CLAIMS AND RELEASE ENCO WIFI, ENCO WIFI’S PARTNERED INTERNET SERVICE PROVIDER, AND THE HOST, FROM ANY CLAIMS ARISING OUT OF YOUR USE OF THE WIFI SERVICES OR ENCO WIFI'S PROVISION OF THE SERVICE TO YOU, INCLUDING COLLECTION OF ANY DATA.
Although ENCO WiFi has taken commercially reasonable steps to provide a secure system within limitations existing in network and computer infrastructure, ENCO WiFi does not warrant or guarantee that communication over the WiFi Services shall be secure from monitoring or tampering, nor that information stored on any computer connected to the WiFi Services shall be secure from monitoring or tampering. Because of this, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) is sent at the user’s sole risk and ENCO WiFi and its partnered internet service provider shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by users. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WIFI SERVICES, AND YOU WILL NOT MAKE A CLAIM AGAINST ENCO WIFI OR ITS PARTNERED INTERNET SERVICE PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICE AND MATERIALS.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ENCO WiFi, its affiliates, officers, directors, subcontractors, employees, agents, ENCO WiFi’s partnered internet service provider, and the host providing Your access to the WiFi Services, from any claims, losses, or expenses of any kind (including, but not limited to attorneys' fees) arising from Your use or attempted use of the WiFi Services, including, but not limited to, use of the WiFi Services in any manner prohibited under these Terms of Service and the AUP. Your obligation to indemnify ENCO WiFi, ENCO WiFi’s partnered internet service provider, and the host survives Your use of the WiFi Services and termination of Your access to the WiFi Services.
INTELLECTUAL PROPERTY
ENCO WiFi owns all intellectual property rights in the WiFi Services, including related software, written materials, logos, names and other support materials furnished with the WiFi Services. No title to the intellectual property in the WiFi Services, the documentation, software, magnetic media or any other material provided therewith is transferred to You by the Commercial Services Agreement or this Terms of Service agreement. All rights are reserved. All other names, trademarks and logos that appear in the WiFi Services are the property of ENCO WiFi, the third party vendors, or the partnered internet service provider.
ARBITRATION - DISPUTE RESOLUTION - BINDING ARBITRATION
Most user’s concerns can be resolved by calling our customer service department. If our customer service department cannot resolve Your concern, You and ENCO WiFi agree to arbitrate all disputes and claims between us arising out of or relating to these Terms of Service or the WiFi Services. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (ii) claims that may arise after the termination of this Terms of Service agreement. All references to “ENCO WiFi”, “You”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users of the WiFi Services. You agree that, by using the WiFi Services, You and ENCO WiFi shall waive the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service agreement.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"). Unless ENCO WiFiand You agree otherwise, any arbitration hearings will take place in the county where Your WiFi Services are provided. Theprevailing party shall recover as costs its reasonable attorney fees and expenses incurred in arbitrating, defending, litigating, or resolving the dispute, including travel time, computerized legal research, expenses for attorneys and testifying expert witnesses, and arbitrating the entitlement to and amount of attorney fees and costs. The Uniform Guidelines for Taxation of Costs shall not limit the recovery of costs under this agreement. The post-judgment interest rate shall be the maximum interest rate permitted by law.
Any party who intends to seek arbitration must first send to the other party, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ENCO WiFi must be addressed to: Enco Electronic Systems, LLC, Atten: Dispute Resolution Department, 165 Hostdale Road, Dothan, AL 36303. The Notice must (a) identify Your name, the host for the WiFi Services, and the location where You used the WiFi Services; (b) describe the nature and basis of the claim or dispute and the date(s) the claim or dispute arose; and (c) identify the specific relief sought. If ENCO WiFi and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or ENCO WiFi may commence an arbitration proceeding.
MISCELLANEOUS PROVISIONS
The rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Florida and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. If any part of the Terms of Services or AUP are held by a court of law to be unenforceable, the remainder of these Terms of Service and the AUP shall remain in full force and effect and the unenforceable provisions shall be interpreted as closely as reasonably possible to reflect the original intentions of the parties. The failure of a party to enforce any term, condition, or right under the Commercial Services Agreement or this Terms of Service agreement shall not be construed as a waiver or relinquishment of such term, condition, or right, continuing or future breach of the same, or of any other term, condition, or right. This Terms of Service agreement, the Commercial Service Agreement with the host, and the AUP constitute the entire agreement between the parties and supersede and nullify all prior understandings, promises or undertakings with respect to the WiFi Services.