TOURtech Terms & Conditions for Public Wi-Fi Networks
(a) These terms and conditions (these “Terms”) govern the provision of network services and WiFi Hotspot Connections (the “Network”) by TourTechSupport, Inc., a North Carolina corporation (the “Company”), to any and all users of such Network (each, a “User” and collectively, “Users”).
(c) The Company may amend the Agreement from time to time without notice to you. All such changes to the Agreement will appear publicly at https://www.tourtech.com/public-wifi-terms-conditions/.
II. User Declaration.
(a) By using the Network, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer or other device. Accordingly, you agree that the Company is NOT liable for any interception or transmissions, computer or device worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Network provided.
(b) Your use of the Network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the Company reserves the right to permanently disconnect the offending device from the Network.
(c) Examples of Illegal Uses. The following are representative examples only and do not comprise a comprehensive list of illegal uses:
- (i) Spamming and invasion of privacy – Sending of unsolicited bulk and/or commercial messages over the Network or using the Network for activities that invade another’s privacy;
- (ii) Intellectual property right violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party;
- (iii) Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity;
- (iv) The transfer of technology, software, or other materials in violation of applicable export laws and regulations;
- (v) Using the Network in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services;
- (vi) Uttering threats;
- (vii) Distribution of pornographic materials to minors; and
- (viii) Child pornography.
(d) Examples of Unacceptable Uses. The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:\
- (i) High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents);
- (ii) Obscene or indecent speech or materials;
- (iii) Defamatory or abusive language;
- (iv) Using the Network to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another;
- (v) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message;
- (vi) Facilitating a violation of the Agreement;
- (vii) Hacking;
- (viii) Distribution of internet viruses, Trojan horses, or other destructive activities;
- (ix) Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks;
- (x) Activities that disrupt the use of or interfere with the ability of others to effectively use the Network or any connected network, system, service, or equipment;
- (xi) Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software;
- (xii) Seeking information on passwords or data belonging to another User;
- (xiii) Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others; and
- (xiv) Intercepting or examining the content of messages, files or communications in transit on a data network.
III. User Responsibility.
(a) Users are responsible to the Company for all damage, losses, costs or expenses suffered by the Company arising out of any breach of these Terms.
(b) Users agree to comply with all applicable local, state, federal, and foreign laws in accessing and using the Network.
(c) Users agree to obtain and maintain any and all necessary licenses in relation to their use of the Network.
IV. Safety Statement.
(a) You acknowledge that you connect to the Network at your own risk and that the Company is NOT liable for damages, losses or expenses which may arise from unavailability of the Network, unexpected operation or data loss.
(b) Authenticated connection to the Network is always provided by applications of third parties. Security of the communication is supplied by the issuer of the applications of social networks (Facebook Connect, Twitter, Google+, etc.). In case of breach of such security, the Company does not take any responsibility for damages caused by misuse of the transferred data, data loss or damage.
(c) The Company is not liable for any damages caused by unauthorized use of the Network or damage due to unauthorized interference in the Network.
(a) Ads viewed via the Network may contain links to websites operated by third parties. The Company does not know the content of such websites in detail. By placing ads across media networks, the Company only provides access to the websites of third parties, but accepts no responsibility for their content. Referenced content on the website of third parties is in no way supported or approved by the Company. The Company assumes no liability for any information or materials placed on the websites of third parties nor for any infringement of rights or legitimate interests of third parties, which have occurred on the websites of third parties. Responsibility for the content and operation of referenced websites and damages in connection with their use are exclusively sustained by their operators. The websites operated by the third parties are not covered (or may not be covered) by these Terms. The Company therefore recommends that Users ask third party operators directly for their applicable terms and conditions, including as their policies as to data collection and dissemination.
(b) The Company may also use third party advertising companies to serve ads. These companies may use information (not including your name, address, email address or telephone number) about your use of the Network in order to provide advertisements about goods and services of interest to you. In order to do this, the Company and its advertising partners may place a cookie (a small text file) on your device.
(c) Cookies. When the Company serves in-session ads, everyone who uses the Network visits a website containing cookies. These sites send your browser a cookie – a small piece of data stored on your device. The purpose of the cookie is to improve your browsing experience. If you do not want to accept that your device receives and stores cookies, you can alter your security settings on your web browser. However, note that certain parts of browsed sites may only be used fully if your browser allows cookies. Thus, your reading experience of sites may be affected negatively by removing and not allowing cookies. In addition, the Company may serve ads on websites using ad-serving technology. In doing so, an ad server will place or read a unique ad-serving cookie on your device and will use non-personal information about your browser and your activity at the site to serve ads. The ad-serving cookie is a persistent cookie. In addition, note that you are always able to prevent cookies from any website from being installed on your computer by readjusting your browser settings. For more information about cookies and how to disable them, you should consult the help section of your browser.
VI. Network Functionality.
The Company provides internet connection services via the Network free of charge, except for Premium Internet Access. The Network may not be available 24/7 for technical, legal or operational reasons. The Company also reserves the right to suspend your access to the Network at any time in its sole discretion. Users use the Network at their own risk and the Company is NOT responsible for any damages, losses, costs or expenses suffered because the Network is unavailable, does not operate as expected, or causes loss or damage to any data.
VII. Premium Internet Access (Pay-Thru, Pay-As-You-Go).
(a) When a User selects Premium Internet Access, the User will be asked to provide valid credit card information to pay for it. The User must authorize the price of the selected Premium Internet to be charged to his/her credit card. The User is responsible for maintaining up-to-date and accurate information (including, without limitation, legal name, valid billing address, email, telephone number, and credit card information). After the payment is processed, the User will be able to use selected Premium Internet Access provided by the Company.
(b) In case of multi-device access, the User is responsible for maintaining the secrecy of the PIN delivered to the email address provided.
(c) The Company undertakes to: i) set the price and the length of connections; ii) provide functional and proper internet access; and iii) issue the invoice for Premium Internet Access (if requested).
(d) Each User selecting Premium Internet Access hereby authorizes the Company to process his/her credit card information and to charge his/her credit card in the amounts designated for such Premium Internet Access.
(e) Users acknowledge and agree that the Network is made available by the Company. If a User should encounter any problems with Premium Internet Access or otherwise require technical support in connection with use of the Network, please contact the Company.
(f) To request a refund associated with the purchase of Premium Internet Access, Users are obligated to contact the Company no later than 7 days after such service was supposed to be delivered and to inform the Company about the malfunction, failure or another technical issue for which the refund is requested. Without a proper official request for refund or another official complaint delivered timely to the Company, Users waive the right to a refund, and other complaints and disputes will be resolved in the sole discretion of the Company.
VIII. SMS Authentication.
A User might be obliged to authenticate through SMS Authentication upon law requirements in selected locations or upon the Company requirements. The Company may interact with your phone’s SMS inbox for the sole purpose of service activation and sending incoming messages to your inbox for further business communications of the Company or affiliated partners. The Company may use a third party service in order to send you an authentication SMS when you authenticate. In order to send you the SMS, we send your phone number and the authentication message to the third party service. The third party is contractually obligated to only use your phone number for the transmission of the authentication SMS. The Company may contact you to send you messages about faults and service issues. Furthermore, the Company reserves the right to use email or SMS to notify you of any eventual claims related to your use of network services, including without limitation claims of violation of third party rights.
The Company reserves the right to amend or modify the Agreement at any time.
X. Disclaimer of Warranties.
THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE NETWORK INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
XI. Limitation of Liability.
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE THOUSAND DOLLARS ($1,000.00).
No waiver by the Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Company.
XIII. Force Majeure.
The Company shall not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
XIV. Governing Law; Venue.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of North Carolina in each case located in the City of Raleigh and County of Wake, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.