Section 1 Introduction
1.1 Terms & Conditions
TexMesh is pleased to provide you with Internet access and other services ("Service" or "Services").
For purposes of this Subscriber agreement ("Agreement"), "TexMesh", "we" or "our" means
TexMesh Networks LLC, its subsidiaries, affiliates and any other person or entity doing business as
TexMesh and providing Services to you (and any agents of the aforementioned entities, including
any billing agents). As a condition of using Services, you ("you" or "your" or "Subscriber") agree to
accept and comply with the provisions of this Agreement. Your use of the Services constitutes your
acknowledgement and agreement that you have read and understand these provisions, and agree
to be bound by the terms and conditions of this Agreement each time you access the Services. The
provisions of this Agreement shall apply to all Service(s) you purchase from TexMesh now, or in the
future, unless such provisions are superseded pursuant to the terms of a separate agreement or
agreements. Except as set forth elsewhere in this Agreement, TexMesh reserves the right to change
the terms of this Agreement, at any time, without notice.. The most current version of this
agreement will be posted on the legal section of the TexMesh website. If you have any questions
about these terms of service, you should speak with your TexMesh Subscriber Consultant.
1.2 Acceptance
Please read this Agreement carefully before accessing the Service. If you agree with and accept the
Agreement, check the "I accept" box for the Service. By accepting the Agreement and accessing
the Service, you acknowledge that you are of legal age, and you have read, understood, and agree
to be bound by this Agreement. In all events, by using this Service, you agree to be bound by these
terms and conditions. If you do not agree to the terms of this Agreement, do not use the Service.
Section 2 Your Use Of Service
2.1 Eligibility
As a subscriber, you must be at least 18 years old to be eligible to subscribe to the Service. However,
if you are less than 18 years old, you may use the Service if, and only if, you have your parents' or
legal guardians' prior permission. By accepting this Agreement you are representing that you are at
least 18 years of age or that you have your parents' or legal guardians' permission to access the
Service.
In cases where you have authorized a minor to use the Service, you recognize that you are fully
responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of
the Service; and (iii) the consequences of any misuse by the minor.
TexMesh does not discriminate on the basis of age (for eligible Subscribers), gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected status.
2.2 Parental Controls and Child Safety
Certain material available on the Internet is not appropriate for minors. To prevent or limit childrens'
access to such materials, a number of parental control protections (such as computer hardware,
software, or filtering services) are commercially available. TexMesh is not responsible for the content
of or exposure to the information and material available through the Internet. TexMesh makes no
representations or warranties and gives no guarantees as to the quality, suitability, truth, accuracy
or completeness of any information or materials contained on the Internet. Any questions regarding
any such information or materials should be directed to the providers of such information or
materials.
2.3 Accuracy of Subscriber Information
TexMesh requires you to register and provide certain data. In consideration of the use of the
Service, you represent and warrant that: (a) the information about yourself is true, accurate,
current, and complete (apart from optional items) as required by the registration forms
("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. Each time you update such information, you represent and
warrant that such information is true, accurate, current, and complete.
TexMesh may allow multiple account ID's and passwords per billing account. However, there must
be only one responsible individual per account. You will not permit others to use any of your
account ID's and passwords. .,.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect,
in our sole discretion, that such information is untrue, inaccurate, not current or incomplete, we have
the right, in our sole discretion, to suspend or terminate your account and refuse all current and/or
future use of TexMesh Services. Your Registration Data becomes the exclusive property of TexMesh.
TexMesh reserves the right to use and reuse all Registration Data and other personally identifiable
Subscriber information in accordance with the Privacy terms described in a later section of this
Agreement.
2.4 Impersonation
You agree that you will NOT use the Service to impersonate any person or entity in person or
electronically or forging anyone else's digital or manual signature, including, but not limited to, an
official of TexMesh or its employees; a forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
You may not appear to represent TexMesh through the use or reference TexMesh's name in any
emails without the express written consent of TexMesh.
2.5 Reselling & Re-distribution
You may not resell, share, or otherwise distribute the Service or any portion thereof to any third
party without the written consent of TexMesh. For example, you cannot provide Internet access to
others through a dial up or wireless connection (unless you are subject to a Service plan that permits
otherwise), host shell accounts over the Internet, provide email or news service, or send a news
feed. You may not use the Service for commercial purposes. The Service offering is a residential
consumer product designed for your personal, non-commercial use of the Internet. For example,
the Service does not provide the type of security, upstream performance and total downstream
throughput capability typically associated with commercial use.
You may not use the Service in a manner that constitutes or enables competition with the Service.
2.6 Unlawful Use
In using of the Service, you not to make any use of the Service for any activity that is unlawful
(whether criminal or tortious) under the laws of any jurisdiction to which you or TexMesh are subject
or promotes activity that is unlawful under the Laws of any jurisdiction to which you or TexMesh are
subject. The Service may not be used to breach the security of another Subscriber or Subscriber or
to attempt to gain access to any other person's computer, software or data, without the consent of
such person. The Service may not be used in any attempt to circumvent the Subscriber
authentication or security of any host, network, or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a server or account you are not
expressly authorized to access, or probing or breaching the security of other networks. You must
not upload, post, email, otherwise transmit or post links to any content, or select any Subscriber
name password or email address, that is unlawful, harmful, threatening, advocating violence, abusive,
harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually, ethnically or otherwise objectionable., all as determined by
TexMesh in its discretion. You must not upload, post, email, otherwise or post links to any content
that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
2.7 Codes of Conduct
In using of the Service, you agree to obey any codes of conduct or other notices we provide. You
also agree to obey any codes of conduct or other notices provided by other networks or services
accessed via the Service.
2.8 Security
You agree not to use the Service in a manner that presents a material security risk or will interfere
materially with the continued operation of the Service. Upon registering, you are responsible for
maintaining the confidentiality of your Subscriber ID and password, and are fully responsible for all
activities that occur under your Subscriber ID or password. You are responsible for any misuse of
the Service, even if the misuse was committed by a friend, family member, guest, employee or
Subscriber with access to your Service account. Therefore, you must take steps to ensure that
others do not use your account to gain unauthorized access to the Service by, for example, strictly
maintaining the confidentiality of your Service login and password. You agree to (a) immediately
notify TexMesh of any unauthorized use of your account, Subscriber ID or password or any other
security breach, and (b) ensure that you exit from your account at the end of each session.
You agree not to use or distribute tools, or links to tools, designed for compromising security or
facilitate hacking, such as, but not limited to, password guessing programs, cracking tools, packet
sniffers or network probes. .
You are solely responsible for the security of any device you choose to connect to the Service,
including any data stored or shared on that device. TexMesh recommends against enabling file,
printer or other device sharing of any sort unless you do so in strict compliance with all security
recommendations and features provided by the manufacturer of the shared devices. Any files or
devices you choose to make available for remote access must be protected with a strong
authentication scheme.
2.9 Damaging Content
You agree to not download or disseminate damaging content, including, without limitation, viruses,
bugs, "Trojan Horses", worms, Easter eggs, time bombs, trap doors, cancelbots or other computer
programs that have the purpose or effect of disabling, denial of service, modifying or rerouting the
Service, obtaining other Subscriber's credentials, overburdening, damaging, interfering, altering,
intercepting, expropriating or otherwise impacting or affecting the Service, any computer systems or
other Subscribers of the Service.
You agree not to make any use of the Service to post or transmit any Content that holds TexMesh
or any of its affiliates, employees, or shareholders up to public scorn or ridicule.
2.10 Automated Scripts
You agree to not use automated means, including spiders, robots, crawlers, or similar software
means to upload or download data using the Service except for bona fide Internet-based data
backup services.
2.11 Unsolicited and Bulk Mail
Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending
very large attachments to one recipient) are prohibited. Spamming, sending unsolicited commercial
email messages or unsolicited bulk email to advertise, promote, offer, sell, or buy any goods or
services, including pyramid schemes, raffles, contests, fee-based games, chain mail and junk mail,
charity requests, petitions for signatures, political or religious messages, for any business or individual,
is strictly prohibited. Such messages may only be sent to those who have explicitly requested them
('opt-in'). The Service may not be used to collect responses from unsolicited email sent from other
email or network services. You are also prohibited from sending the same or substantially similar
unsolicited email message, whether commercial or not, to fifty or more recipients without written
permission from TexMesh. In the interest of maintaining network performance, you should not send
unreasonably large electronic mail attachments. You are prohibited from running programs designed
to defeat network inactivity time-outs.
In response to a complaint, TexMesh has the discretion to determine, from all of the evidence it
receives, whether the intended recipients were from an "opt-in" email list.
2.12 Falsification
Use of the Service may allow you to post information for others to access ("Content"). You agree
not to make any use of the Service to post or transmit any Content that is falsified, deceptive, or
misleading, including without limitation the use of forged headers, return or other email addressing
information, IP and MAC addresses or otherwise manipulated identifiers in order to disguise the origin
of the Content, or lacking author attributions, copyright notice, or any other information necessary
to make the Content not misleading;
2.13 Intellectual Property Rights
It is prohibited to use the Service in any manner that infringes another's copyrights, patents,
trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights
of publicity, including failing to obtain all required permissions to receive, upload, download, display,
distribute, or execute programs or perform other works or derivative works protected by intellectual
property laws or removing or altering applicable copyright, trademark, or patent notices;
This prohibition shall include, without limitation, the following forms of piracy: making available serial
numbers for software that can be used to illegally validate or register software; making copyrighted,
non-royalty-free works, such as music, published text, artwork, photographs, or otherwise freely
available in any digital format without consent of the copyright holder.
2.14 Information About 3rd Parties
It is prohibited to attempt to intercept, collect or store information or data about third parties
without their knowledge or consent.
2.15 Securities Regulations
You may not use the Service intentionally or unintentionally to violate any applicable local, state,
national or international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any international 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. This includes, but is not limited to, the
acquisition or dissemination of insider information, or any other proprietary or confidential
information, or attempting to manipulate any equity, security, commodity or other market.
2.16 Servers (Residential Plans Only)
You may not run a server in connection with the Service, nor may you provide network services to
others via the Service unless you are subject to a Service plan that permits otherwise. Examples of
prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, WiFi, and dhcp,
and multi-Subscriber interactive forums.
2.17 Instant Messaging
Subscribers alone are responsible for the contents of their instant messages and the consequences
of any such instant messages. Neither TexMesh nor any of its underlying providers have any
obligation to monitor instant messaging transmissions made on the Service. However, TexMesh and
its underlying providers have the right to monitor such transmissions from time to time for violations
of this Agreement or applicable local, state, national and international laws and to disclose, block or
remove the same in accordance with your Agreement and any other applicable agreements and
policies.
2.18 DHCP
You may only access and use the Service with a dynamic Internet Protocol ("IP") address that
adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the
Service with a static IP address or using any protocol other than DHCP unless you are subject to a
Service plan that expressly permits otherwise.
2.19 VPN Usage
TexMesh allows Subscribers to utilize VPN software in accordance with the Agreement and other
terms of service; however, we do not provide any technical support for them. To get support,
please contact your VPN supplier's system administrator.
2.20 Service Characteristics
2.20.1 Throughput
Transmission and reception throughput is determined by a myriad of factors, such as, but not limited
to, weather, time of day, condition of the Network, third party services, number of Subscribers using
the Service, usage by emergency services, characteristics of the subscriber's equipment,
geographical location, building characteristics and various obstructions to the wireless signal.
Transmission and reception rates published in TexMesh's Service plans are targets that should be
typically obtainable but are not guaranteed.
Access locations may be removed and or updated from time to time in TexMesh's sole discretion and
actual Wi-Fi coverage, locations and quality may vary. Wi-Fi access is subject to unavailability,
including, but not limited to, unavailability for emergencies, co-location failures, maintenance, and
transmission limitations. Network speeds for Wi-Fi access may vary. Wi-Fi access may be based on
third party networks over which TexMesh has no control beyond contractual service level
agreements, if any, with the third party network provider. TexMesh may, but is not required to,
modify the 802.11x standard. Wi-Fi access is transmitted over complex unpredictable networks. Not
all Internet Sites can be accessed and you may receive an error message if you attempt to access a
site that cannot be accessed through Wi-Fi access.
2.20.2 Eavesdropping
The risk of "eavesdropping" exists on the Internet as well as other services to which access is
provided as part of the Service. This means that other persons may be able to access and/or
monitor Subscriber's computer, transmissions and receptions. Because of this risk, any sensitive or
confidential information sent by Subscriber is sent at Subscriber's sole risk, and neither TexMesh nor
its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages,
suits or proceedings arising out of or otherwise relating to such actions by Subscriber. Privacy
cannot be guaranteed and you acknowledge you are responsible for taking precautions related to
the privacy and security of your access to the Service.
2.20.3 FTP/HTTP
Subscriber should be aware that when using the Service to access the Internet or any other online
network or service, there are certain transfer protocols, such as FTP (File Transfer Protocol) and
HTTP (Hyper Text Transfer Protocol), which may allow other Service Subscribers and Internet
Subscribers to gain access to Subscriber's computer. If Subscriber chooses to run such transfer
protocols, Subscriber should take appropriate security measures. Neither TexMesh nor its Underlying
Providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or
proceedings resulting from, arising out of or otherwise relating to the use of such transfer protocols
by Subscriber, including without limitation, damages resulting from others accessing Subscriber's
computer.
2.20.4 File and Print Sharing
The Service functions as a Local Area Network (LAN) in that each Subscriber is a node on the
network. As such, Subscribers outside the Subscriber's home may be able to access the Subscriber's
computer. Additionally, some software may permit other Subscribers across a network such as the
Service and the Internet to gain access to Subscriber's computer and to the software, files and data
stored on the computer. For example, operating systems such as Windows and Apple OSx include
file sharing and print sharing capabilities which, when enabled, will permit other Subscribers to gain
access to the Subscriber's computer even if the Subscriber is not using the Service. Unless you are
subject to a Service plan that expressly provides otherwise, TexMesh therefore recommends that
the Subscriber connect only a single computer or router/firewall per Subscriber to the Service and
that the Subscriber disable file and print sharing and other capabilities that allow others to gain access
to the Subscriber's computer. Any Subscriber who chooses to participate in the Service using other
than a single computer or who chooses to enable capabilities such as file sharing, print sharing, or
other capabilities that allow Subscribers to gain access to the Subscriber's computer, acknowledges
and agrees that the Subscriber does so at the Subscriber's own risk, and that neither TexMesh nor
its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages,
suits or proceedings arising out of or otherwise relating to such use by the Subscriber.
2.20.5 High Risk Activities
The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe
performance or in which an error or interruption in the Service could lead to severe injury to
business, persons, property or environment ("High Risk Activities"). Such High Risk Activities may
include, without limitation, vital business or personal communications, or activities where absolutely
accurate data or information is required. Subscriber expressly assumes the risks of any damages
resulting from High Risk Activities.
2.20.6 Facilities Allocation
TexMesh reserves the right to determine, in its discretion, and on an ongoing basis, the nature and
extent of its facilities allocated to support the Service, including, but not limited to, the amount of
bandwidth to be utilized in conjunction with the Service.
2.20.7 VoIP & Quality of Service (QOS)
With respect to Voice over Internet Protocol (VoIP) operation, TexMesh Service plans offer differing
of levels of Quality of Service ('QOS'). Due to the aforementioned Service characteristics, TexMesh
does not guarantee any minimum QOS performance characteristics. However, TexMesh will
nominally prioritize and allocate resources such that typical QOS performance will be in accordance
with each Service plan's description. Business plans will be allocated a higher priority than Residential
plans.
2.21 TexMesh-Provided Equipment
2.21.1 TexMesh Equipment
Any wireless router or similar interior use equipment provided by TexMesh, excluding any wiring or
antenna attached to Subscriber property, installed by TexMesh or the Subscriber (including passive
and active devices, the "TexMesh Equipment") shall at all times remain the property of TexMesh or
its designee. TexMesh may, at its option, provide Subscriber with new or reconditioned TexMesh
Equipment. Subscriber may not sell, transfer, lease, encumber or assign all or any part of the
TexMesh Equipment.
2.21.2 Maintenance of TexMesh Equipment
TexMesh may during the time of this Agreement, but is not obligated to, repair and maintain
TexMesh Equipment. Subscriber agrees that TexMesh Equipment shall not be serviced by anyone
other than TexMesh employees or agents and that Subscriber shall not relocate, tamper with or
modify any TexMesh Equipment or the Service installation.
2.21.3 Access to Subscriber's Premises
Subscriber grants to TexMesh the right, at reasonable times and upon reasonable notice, to enter
upon the Premises for purposes of connecting, disconnecting, inspecting, repairing, replacing in
whole or in part, updating and/or removing any TexMesh Equipment and the Service. TexMesh shall
have the option of removing any or all of the TexMesh Equipment during or after its relationship with
the Subscriber, but TexMesh shall not have the obligation to do so. Subscriber acknowledges and
agrees the TexMesh will not be obligated to remove the TexMesh Equipment, or any external
antenna or wiring attached to or installed at Subscriber's property. Subscriber warrants that they are
the owner or a tenant of the Service address and that they are authorized to grant access to the
Premises. Subscriber agrees to indemnify and hold TexMesh harmless from any claim resulting from a
breach of this warranty.
1.1.1 2.22 Subscriber's Equipment
A Wi-Fi compatible 802.11x device ("Device") can be used to access the Service. You are responsible
for ensuring that your Device is compatible with the Service. You acknowledge that performance of
the Service is materially affected by the specifications and configuration of your Device, including,
but not limited to, memory and storage. The Service is not available everywhere and is only available
when the Device is within operating range of a TexMesh Wi-Fi system or a system with which
TexMesh has a roaming agreement.
Subscriber understands and agrees that use of the Service requires certain equipment provided by
the Subscriber such as a personal computer and an appropriate operating system ("Subscriber
Equipment"). Subscriber represents that they own the Subscriber Equipment or otherwise has the
right to use it in connection with the Service.
Subscriber shall have sole responsibility for protecting all Subscriber Equipment and software from
loss or damage including, but not limited to, power surges, viruses, hackers, lightning, fire, flood and
acts of God.
The installation, use, inspection, maintenance, repair and removal of the TexMesh Equipment may
result in Service outages or potential damage to Subscriber Equipment. If Subscriber does not
back-up all existing computer files by copying them to another storage medium prior to such
activities, Subscriber understands and accepts the associated risks of such a decision.
Except for gross negligence or willful misconduct neither TexMesh nor its Underlying Providers shall
have any liability whatsoever for any damage, loss or destruction to Subscriber Equipment,
peripherals, software or data. In the event of gross negligence or willful misconduct by TexMesh,
TexMesh shall pay for the repair or replacement of the damaged Subscriber Equipment up to a
maximum of Five Hundred ($500.00) Dollars, which shall constitute Subscriber's sole remedy relating
to such activity. NEITHER TEXMESH NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY
WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER
PERIPHERALS, FILES OR DATA.
Subscriber acknowledges that the use of the Service may periodically require updates and/or
changes to the software resident in the TexMesh equipment. Such updates and changes may be
performed remotely or on-site by TexMesh and/or its Underlying Providers at their sole option.
Subscriber hereby consents to such updates which will be performed as deemed necessary by
TexMesh and/or its Underlying Providers with or without notice to Subscriber.
2.23 Installation & Use
TexMesh or its agent will supply and install TexMesh Equipment and a connection to the Service, or
TexMesh may at its option permit Subscriber to self-install such TexMesh provided Equipment.
Subscriber shall follow all self-installation instructions and assumes sole responsibility with respect to
self- installation. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL TEXMESH OR ANY
UNDERLYING PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY NATURE WHATSOEVER,
INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO
PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THE INSTALLATION OR CONNECTION OF
SUCH EQUIPMENT BY SUBSCRIBER.
TexMesh may charge Subscriber a fee for any missed installation/upgrade appointments without
notice 24 hours in advance. [Need to put fee in T&C chart somewhere]
2.24 Technical Difficulties
There may be times when, for whatever reason, electronic communication to or from TexMesh, or
access or use of the Service is delayed, impaired or impossible (collectively, "Technical Difficulties").
Should you experience any technical difficulties promptly contact TexMesh's Subscriber Service using
the contact information provided online. In no event shall the TexMesh be liable to you for any loss
of information, blockages or delays affecting data, information, notifications, purchases, deliveries or
any other aspect of the Service due to technical difficulties.
Section 3 Your Account
3.1 Subscriber Responsibility
You agree to be responsible for all Content posted to the Service under your username and
password. You may not authorize any 3rd party to access and/or use the Service on your behalf.
The Service will allow Subscriber to access the Internet, online services and other commercial sites.
Subscriber acknowledges that you may incur charges for goods or services purchased online in
addition to those billed by TexMesh and agrees that all such charges, including all applicable taxes are
Subscriber's sole responsibility.
You will be responsible for any applicable roaming charges associated with the Service.
You are responsible for ensuring that your conduct is at all times in compliance with the laws, rules
and regulations applicable to business transactions conducted in your particular location or by
persons or entities of your citizenship.
3.2 Subscriber Identification
TexMesh requires you to register and provide certain data. In consideration of the use of the
Service, you represent and warrant that: (a) the information about yourself is true, accurate,
current, and complete (apart from optional items) as required by the registration forms
("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. Each time you update such information, you represent and
warrant that such information is true, accurate, current, and complete.
You agree to be bound by any affirmation, assent or agreement you transmit through the Internet,
including but not limited to any consent you give to receive communications from TexMesh solely
through electronic transmission. You agree that, when you click on an "I agree," "I consent" or
other similarly worded "button" or entry field with your mouse, keystroke or other computer device,
your agreement or consent will be legally binding and enforceable and the legal equivalent of your
handwritten signature.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect,
in our sole discretion, that such information is untrue, inaccurate, not current or incomplete, we have
the right, in our sole discretion, to suspend or terminate your account and refuse all current and/or
future use of the Service.
3.3 Copyright Responsibility
You represent and warrant to TexMesh that you are either the owner of any content ('Content')
posted under your username and password on the Service. You agree to pay any royalties or other
sums owing to any third party for Content posted by you or under your password and to indemnify
and hold harmless TexMesh from any claims, costs, or liability incurred as the result of your violation
of the third party's terms.
3.4 Payment & Billing
You agree to timely and fully pay all charges and fees specified when you ordered the Service,
including any monthly recurring or non-recurring charges for activation, installation, termination,
equipment charges, taxes, late payment interest charges, fees, surcharges or other assessments
applicable to the Service. All charges for the Service are billed in advance. When you create a billing
account, you enter your payment method. You must be authorized to use the payment method.
You authorize us to charge you for the service using your payment method and for any paid feature
of the service for which you choose to sign-up or use while this Agreement is in force. If we informed
you that the service would be provided indefinitely or automatically renewed, we may automatically
renew your service and charge you for any renewal term. You must keep all information in your
billing account current, including your billing address and the expiration date of your credit card. You
may change your payment method at any time. If you tell us to stop using your payment method,
we may cancel your Service. Your notice to us will not affect charges we submit to your billing
account before we reasonably could act on your request.
Set up fees, activation fees, installation fees, other non-recurring fees, and equipment charges, if
applicable, will be included in your first month's bill. Monthly recurring charges will be billed one month
in advance.
We may change our rates and terms at any time by giving you notice thereof prior to the billing
period in which the change would go into effect. Continuing to subscribe to, use, or pay for the
Service after we make any changes in the prices, charges, terms or conditions, means that you
agree to the changes.
3.5 On-line Statements & Billing Errors
We will provide you with an online billing statement. This is the only billing statement that we provide.
You may view or print a paper copy of this statement online. If we make an error on your bill, we will
correct it promptly after you notify us and we investigate the charge. You must notify us within 120
days after an error first appears on your bill. You release us from all liability and claims of loss resulting
from any error that you do not report to us within 120 days after the error first appears on your
online statement. If you do not tell us within this time, we will not be required to correct the error.
We can correct billing errors at any time.
3.6 Late Payments, Failure to Pay
If any payment is not timely received, or if TexMesh is unable to charge Subscriber's credit card or
debit card due to invalid credit card or debit card information or due to insufficient credit or funds, an
administrative charge may be assessed and the Service may be disconnected. If the Service is
disconnected, Subscriber may be required to pay a reconnect fee in addition to all past due charges
before the Service is reconnected. The administrative charge is intended to be a reasonable advance
estimate of the costs resulting from Subscriber's late payments and non-payments as it would be
difficult to determine the costs associated with any particular late payment or non-payment.
Payments are expected to be paid in full when due. TexMesh does not extend credit to Subscribers
and the administrative charge is not intended as interest, a credit service charge or a finance charge.
No acceptance of partial payment shall constitute a waiver of TexMesh's right to collect the full
balance owing.
We may use a third party to collect past due amounts. You must pay for all actual reasonable costs
we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and
other legal fees and costs.
3.7 Canceling or Termination of Service
You may cancel Service at any time, with or without cause. You may obtain information on canceling
your service online or by calling TexMesh's Subscriber Service using the contact information
provided online. Certain Service offers may require cancellation charges, and you will pay all
cancellation charges as specified in the materials describing the offer. Cancellation of Service by you
will not alter your obligation to pay all charges made to your billing account.
TexMesh may terminate this Agreement and/or the Service without notice if we determine that you
have breached any provision of this Agreement, or if we have any other good cause, including our
decision to elect to cease providing the Service. If you have agreed to a fixed Service term, should
we terminate this Agreement due to your breach of this Agreement, or if you terminate this
Agreement without cause, you will be required to pay early termination charges equal to the
recurring charges for the terminated Service multiplied by the number of months remaining in the
Agreement.
Upon termination of Service, Customer will return all TexMesh Equipment undamaged to TexMesh
within 30 days. Once equipment is returned in good working order, TexMesh will issue a refund of
any deposit that may have been collected.
TexMesh reserves the right to delete all data, files, electronic messages, or other information that is
stored on TexMesh's or its Underlying Provider's servers or systems when Customer's account with
TexMesh is terminated for any reason.
3.8 Risk of Loss
You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you rely on any Content created by or obtained through the use
of the Service at your own risk.
You assume and accept all liability and/or risk associated with use of the Service. In connection
therewith, you will protect, defend, hold harmless and indemnify TexMesh and its owners, directors,
officers, employees, agents, insurers, other Subscribers, contractors, vendors, suppliers and invitees,
and those of its subsidiary or affiliated companies, from and against any and all demands, claims,
actions, costs, expenses (including, without limitation, legal costs and attorneys' fees to enforce
rights arising hereunder) and liabilities (individually, "Claim", collectively, "Claims") brought or asserted
against TexMesh by or on behalf of any person or entity whomsoever, which Claims directly or
indirectly relate to your use of the Service, by whomsoever incurred, regardless of the extent to
which, if at all, a Claim may be attributable, in whole or in part, to the breach of contract, negligence,
strict liability or other legal fault of TexMesh, for acts or omissions occurring or conditions existing at
any time.
3.9 Violations
TexMesh reserves the right to investigate suspected violations of this Agreement, including the
gathering of information from the user or users involved and the complaining party, if any, and
examination of material on TexMesh's servers and network. During an investigation, TexMesh may
suspend the account or accounts involved and/or remove or block material, which potentially
violates this Agreement. You hereby authorize TexMesh and its underlying providers to cooperate
with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and
system administrators at other Internet service providers or other network or computing facilities in
order to enforce this Agreement. Such cooperation may include TexMesh providing available
personally identifying information about you to law enforcement or system administrators, including,
but not limited to, username, subscriber name, and other account information.
As a subscriber, you agree to cooperate with TexMesh in any violation investigation and to use any
violation prevention measures TexMesh may prescribe.
Upon termination of your account, TexMesh is authorized to delete any files, programs, data and
email messages associated with your account.
3.10 Sole Remedy
Your sole remedy for anything pursuant to this Agreement is the right to terminate this Agreement.
Section 4 Provider's Rights
4.1 Credit Inquiries
Credit Inquiries: Subscriber authorizes TexMesh to make inquiries and to receive information about
Subscriber's credit experience from others, to enter this information in Subscriber's file, and disclose
such information concerning Subscriber to appropriate third parties for reasonable business purposes.
4.2 Subscriber Feedback
Should you provide TexMesh by electronic mail or otherwise with information including feedback
data, such as questions, comments, suggestions, such information shall be deemed to be
non-confidential and TexMesh shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose and distribute the information to others without
limitation to the extent permitted by state and federal law. TexMesh shall be free to use any ideas,
concepts, know-how or techniques contained in such information for any purpose whatsoever
including but not limited to developing and marketing services incorporating such information..
4.3 Preservation of Subscriber Data
You expressly acknowledge and agree that TexMesh may preserve Content and may also disclose
Content and your Registration Data if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect
the business interests, rights, property, or personal safety of TexMesh, its users, and the public..
4.4 Provider's Copyright Material
The Service contains content, names, and graphics which are protected by copyright and trademark
laws and are the sole property of TexMesh or its affiliates and are protected by intellectual property
laws and international treaty provisions. All websites, corporate names, service marks, trademarks,
trade names, logos and domain names (collectively "marks") of TexMesh are and shall remain the
exclusive property of TexMesh and nothing in this Agreement shall grant you the right or license to
use such marks.
You acknowledge that you are not given any license to use the firmware or software used to provide
the Service or provided in conjunction with providing the Service, other than a nontransferable,
revocable license to use such firmware or software (without making any modification thereto) strictly
in accordance with the terms and conditions of this Agreement. Other than private text and e-mail
messages, all of the content you see, hear or otherwise experience through the Service, including,
for example, all of the page headers, images, illustrations, graphics, and text, are subject to
trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual
property rights or licenses held by TexMesh or by third parties who may own them.
The use of any protected property without the express written consent of TexMesh is prohibited. No
content from TexMesh may be copied, modified, uploaded, or distributed in any form or manner
without our prior written consent. Any unauthorized use of content from TexMesh, which may
violate copyright or trademark laws, could result in criminal or civil penalties.
4.5 Service Availability
The Service is subject to the availability and the operational limitations of the requisite equipment and
associated facilities. You understand and agree that temporary interruptions of the Service may
occur as normal events in the provision of the Service and that TexMesh will not be liable for such
interruptions. You further understand and agree that TexMesh has no control over third party
networks you may access in the course of your use of the Service, and therefore, delays and
disruptions of other network transmissions are beyond the control of TexMesh. TexMesh reserves
the right to modify or discontinue, temporarily or permanently, at any time and from time to time,
the Service (or any function or feature of the Service or any part thereof) with or without notice.
You agree that TexMesh will not be liable to you or to any third party for any such modification,
suspension or discontinuance of the Service.
TexMesh reserves the right at any time and from time to time to modify or discontinue the Service
(or any part thereof), temporarily or permanently, with or without notice to you. You agree that
TexMesh will not be liable to you for any modification, suspension, or discontinuance of the service.
4.6 3rd Party Content
Materials provided by service providers other than TexMesh ("Third Party Providers") have not been
independently authenticated in whole or in part by TexMesh. TexMesh does not provide, sell, license,
or lease any materials other than those specifically identified as being provided by TexMesh.
TexMesh does not control, nor is TexMesh responsible or liable for data, content, services, or
products (including software) that you access, download, receive or buy via the Service. The Service
may be linked to other websites, which are not under the control of and are not maintained by
TexMesh. TexMesh is not responsible for the content of those sites. TexMesh is providing these links
to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement
by TexMesh of those sites. TexMesh may block information, transmissions or access to certain
information, services, products or domains to protect TexMesh, TexMesh's network, the public or
other users. Therefore, messages and other content may be deleted before delivery. How third
parties handle and use your personal information related to their sites and services is governed by
their privacy and other policies (if any) and not TexMesh's. TexMesh has no responsibility for third
party provider policies, or their compliance with them
The Internet contains unedited materials, some of which may be offensive to you. TexMesh is not a
publisher of third-party content accessed through the Service, and is not responsible for the
content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services,
graphics, data or any other information provided to or by third parties as accessible through the
Service.
4.7 Suspension of Service
TexMesh reserves the right to suspend or discontinue providing the Service generally, or to
terminate your Service, at any time in its sole discretion, with or without notice, and with or without
cause. TexMesh shall not be liable for any damages, losses, cost or expenses caused by or arising out
of termination of the Service, to you or to any other individual.
4.8 Email Delivery & Forwarding
TexMesh is not responsible for forwarding email sent to any account that has been suspended or
terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at
TexMesh's sole discretion.
4.9 ID Blocking
In the event that TexMesh believes in its sole discretion that any subscriber name, account name, or
e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any
misleading, fraudulent, or other improper or illegal purpose, TexMesh (i) reserves the right to block
access to and prevent the use of any such identifier and (ii) may at any time require any customer
to change his or her identifier. In addition, TexMesh may at any time reserve any identifiers on the
Service for TexMesh's own purposes.
4.10 Provided Software
If you receive software from us as part of the Service, your use of that software is under the terms
of the license that is presented to you for acceptance for that software. If there is no license
presented to you, then we grant you the right to use the software only for the authorized use of the
Service on that number of computers stated in your Service offer. We reserve all other rights to the
software. We may automatically check your version of the software. We may automatically
download upgrades to the software to your computer to update, enhance and further develop the
Service. Unless we notify you otherwise, your license to use the software will end on the date your
Service ends, and you must promptly uninstall the software. We may disable the software after the
date the Service ends. You will not disassemble, decompile, or reverse engineer any software
included in the Service, except and only to the extent that the law expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all
domestic and international export laws and regulations that apply to the software. These laws include
restrictions on destinations, end Subscribers and end use.
Subscriber agrees to comply with the terms and conditions of all end user license agreements
accompanying any software or plug-ins to such software distributed in connection with the Service.
All end user licenses supplied by TexMesh or its Underlying Providers will terminate at such time as the
Service is terminated.
4.11 Privacy
4.11.1 Collection of Information
TexMesh collects, uses and releases information on Customer use of the Service as necessary to
render the Service, to otherwise undertake legitimate business activities related to the Service and to
comply with law. TexMesh may collect information in accordance with applicable law concerning
Customer's use of the Service and customer preferences which are reflected in the choices that a
customer makes among the range of services offered as part of the Service, the time that the
customer actually uses the Service, the menus and features used most often by the Customer, and
other information about a customer's "electronic browsing." In order to provide you the Service, we
may collect certain information about Service performance, your machine and your Service use. We
may automatically upload this information from your machine. This data will not personally identify
you.
4.11.2 Use of Information
Collecting information contained in transmissions made by Customer through the Service directed at
TexMesh, its Underlying Providers, Internet web sites, or other service providers to which access is
provided as part of the Service, is necessary to provide the Service. TexMesh's detailed business
records generally are used to help make sure customers are properly billed; to send customers
pertinent information about the Service; and for accounting purposes. Customer information is also
used to execute requests and orders placed by customers with advertisers, merchants, and other
service providers; to understand customers' reactions to various features of the Service or the
Internet; and to personalize the Service based on the interests of customers. Such information helps
TexMesh improve the Service and uncover unauthorized access to the Service or Customer data
and may be provided to law enforcement agencies in the event of such unauthorized access. We
may use technology or other means to protect the Service, protect our customers, or stop you
from breaching this contract. These means may include, for example, filtering to stop spam or
increase security. These means may hinder or break your use of the Service.
4.11.3 Confidentiality of Information
Your Registration Data becomes the exclusive property of TexMesh. TexMesh reserves the right to
use and reuse all Registration Data and other personally identifiable user information in order to
conduct normal business. TexMesh considers the personally identifiable Customer information that is
collected to be confidential. TexMesh will disclose to third parties personally identifiable information
that TexMesh maintains related to customers only when it is necessary to deliver the Service to
customers or carry out related business activities, in the ordinary course of business, for ordinary
business purposes, and at a frequency dictated by TexMesh's particular business need, or pursuant
to a court order or order of any regulatory body having jurisdiction over matters which are the
subject of this Agreement.
TexMesh may access or disclose information about you, your account and/or the content of your
communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and
investigate potential violations of this contract; including use of this service to participate in, or
facilitate, activities that violate the law; or (3) protect the rights, property, or safety of TexMesh, its
employees, its customers or the public. You consent to the access and disclosures outlined in this
section.
4.12 Copyrighted Material Removal
TexMesh is committed to complying with U.S. copyright and related laws, and requires all Subscribers
and Subscribers of the Service to comply with these laws. Accordingly, you may not store any
material or content on, or disseminate any material or content over, the Service (or any part of the
Service) in any manner that constitutes an infringement of third party intellectual property rights,
including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their
rights under U.S. copyright law have been infringed may take advantage of certain provisions of the
Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is TexMesh's
Agreement in accordance with the DMCA and other applicable laws to reserve the right to terminate
the Service provided to any Subscriber or Subscriber who is either deemed to infringe third party
copyright or other intellectual property rights, including repeat infringers, or who TexMesh believes in
its sole discretion is infringing such rights. TexMesh may terminate the Service at any time with or
without notice for any such Subscriber.
Copyright owners may report alleged infringements of their works made on or over the Service by
sending TexMesh's authorized agent a notification of claimed infringement that satisfies the
requirements of the DMCA. Upon TexMesh's receipt of a satisfactory notice of claimed infringement,
TexMesh will either remove the allegedly infringing work(s) from the Service or will block access to the
work(s). TexMesh will then notify the affected Subscriber or Subscriber of the Service that it has
removed or blocked access to the work(s). If the affected Subscriber or Subscriber believes in good
faith that the allegedly infringing works have been removed or blocked by mistake or
misidentification, then that person may send a counter notification to TexMesh. Upon TexMesh's
receipt of a counter notification that satisfies the requirements of DMCA, TexMesh will provide a copy
of the counter notification to the person who sent the original notification of claimed infringement
and will follow the DMCA's procedures with respect to a received counter notification. In all events,
you expressly agree that TexMesh will not be a party to any disputes or lawsuits regarding alleged
copyright infringement.
Copyright owners may send TexMesh a notification of claimed infringement to report alleged
infringements of their works made on or over the Service to TexMesh's registered address.
Claimed infringement forms must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright
Act. Under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright
infringement may be liable to TexMesh, the alleged infringer, and the affected copyright owner for
any damages incurred in connection with the removal, blocking, or replacement of allegedly
infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification
with TexMesh's designated agent using the contact information shown above. All counter
notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
4.13 Monitoring
TexMesh has no obligation to monitor user or third party Content, or transmissions, made on the
Service. However, Customer acknowledges and agrees that TexMesh and its Underlying Providers
shall have the right to monitor such transmissions from time to time and to disclose the same in
accordance with applicable laws, regulations or governmental requests and to operate the Service
properly. TexMesh and its Underlying Providers reserve the right to refuse to post or to remove any
information or materials, in whole or in part, that in their sole discretion are unacceptable, undesirable
or in violation of this Agreement.
TexMesh reserves the right to monitor the use of the Service to ensure compliance with this
Agreement or applicable law. TexMesh reserves the right to monitor transmissions and to collect and
use personally identifiable information to assist in provisioning of Service and to monitor network
health and performance and otherwise solve problems associated with the Service.
4.14 Subscriber Content
You retain all ownership rights in any Content posted or transmitted by you through the Service to
which you are entitled by law, and TexMesh does not claim any ownership rights in any Content
posted or transmitted by you through the Service. However, when you post any Content of the
Service, you grant to TexMesh a non-exclusive, fully paid, royalty-free license to use, distribute,
reproduce, modify, adapt, and publicly display or perform such Content on the Service. It is
necessary for you to grant this license in order for TexMesh to operate the Service. You may
terminate the license to any particular Content by deleting it from the Service.
4.15 Content Blocking
TexMesh reserves the right to remove, block or refuse to post or store any information or materials,
in whole or in part, that it, in its sole discretion, deem to be offensive, indecent, or otherwise
inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is
not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening,
intimidating or harassing statements, or material which violates the privacy rights or property rights
of others (copyrights or trademarks, for example). For purposes of this Policy, "material" refers to all
forms of communications including narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio
recordings.
4.16 Bandwidth Allocation
TexMesh reserves the right to determine, in its discretion, and on an ongoing basis, the nature and
extent of its facilities allocated to support the Service, including, but not limited to, the amount of
bandwidth to be utilized in conjunction with the Service.
4.17 Revision of Agreement
TexMesh reserves the right to update or amend these terms and conditions at any time and may, in
fact, limit the use of the Service. The amended Agreement shall automatically be effective
immediately upon posting to TexMesh's sites. Your continued use of the Service after the effective
date of any posted change constitutes your acceptance of the amended Agreement. For this
reason, we encourage you, as a subscriber, to review this Agreement whenever you use the Service.
4.18 Disclaimers & Waivers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TEXMESH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
RESULTS, AND ACCURACY OR COMPLETENESS OF INFORMATION. NEITHER TEXMESH NOR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR
AFFILIATES WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE
TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEED OR WITHIN A REASONABLE
PERIOD OF TIME. AT THE INFORMATION, OPERATION OF THE TEXMESH EQUIPMENT, CUSTOMER
EQUIPMENT, PRODUCTS, PROCESSES AND/OR SERVICES AVAILABLE THROUGH THE SERVICE
WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR
ERROR FREE.
4.19 Limitation of Liability
IN NO EVENT SHALL TEXMESH OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, OR BUSINESS PARTNERS HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING
WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS)
,DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. WHETHER ARISING
UNDER NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), CONTRACT, STRICT LIABILITY OR ANY
OTHER THEORY, AND REGARDLESS OF WHETHER TEXMESH SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL REMAIN IN EFFECT EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR
CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES,
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR
LOSS OF OR FLUCTUATIONS IN POWER, HEAT, LIGHT, OR AIR CONDITIONING.
TEXMESH WILL NOT HAVE ANY LIABILITY FOR ANY LOSSES, CLAIMS, DAMAGES, EXPENSES,
LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF,
OR OTHERWISE ARISING IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER
PROCEEDING BASED UPON A CONTENTION THAT THE INSTALLATION OR USE OF THE TEXMESH
EQUIPMENT, CUSTOMER EQUIPMENT OR SERVICE BY CUSTOMER OR A THIRD PARTY INFRINGES
THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER
INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY, OR BASED
UPON A CONTENTION THAT OPENING CUSTOMER EQUIPMENT IN ORDER TO INSTALL ANY
ETHERNET CARD REQUIRED TO USE THE SERVICE INVALIDATES ANY WARRANTY GOVERNING
THE CUSTOMER EQUIPMENT.
4.20 No 3rd Party Benefits
This contract is solely for your and our benefit. It is not for the benefit of any other person, except
for permitted successors and assignees under this contract. Any names, marks, products or
services of third parties, or hypertext links to third party sites or information, do not necessarily
constitute or imply an endorsement, sponsorship, or recommendation of the third party,
information, product or service by TexMesh. TexMesh does not endorse nor make any warranties or
representations about any website you may access during your use of TexMesh wireless hotspot,
including the privacy policy of any such website. As a subscriber, you need to make your own
decisions regarding your interactions or communications with any other website. No provision of this
Agreement provides any person or entity not a party to this Agreement with any remedy, claim,
liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
4.21 Indemnification
You agree to defend, indemnify, and hold harmless TexMesh and its parent, subsidiaries, affiliates,
officers, directors, employees, and agents free and harmless at all times from and against any and all
claims, liabilities, expenses, losses, costs, fines, settlements, judgments, penalties and damages
(including reasonable attorney fees) and causes of action of every kind and character (this is to the
extent allowed by law except to the extent caused by Authority's negligence) incurred or sustained
by any party hereto, any agent or employee of any party hereto, any other person whomsoever,
or any governmental agency, arising out of, or incident to, or in connection with: (i) any content
that you or anyone using your account may submit, post or transmit; (ii) your use of the Service;
(iii) your violation of this Agreement; and (iv) any violation or failure by you to comply with all
applicable laws and regulation in connection with the use of the Service. You recognize the broad
nature of this indemnification and hold harmless clause, and voluntarily make this covenant and
expressly acknowledge the receipt of such other good and valuable consideration provided by
Authority in support of this indemnification.
4.22 Dispute Resolution
Any claim or dispute between a subscriber and TexMesh arising under or related to the Service or the
Agreement shall be resolved by TexMesh in its sole discretion.
4.23 Claims
Any claim related to this Agreement or the Service may not be brought unless brought within 90
days. The period begins on the date when the claim first could be filed. If it is not filed, then that claim
is permanently barred. This applies to you and your successors. It also applies to us and our
successors and assignees.
4.24 Notices to Subscriber
We have promised to send you certain information in connection with the Service and have the right
to send you certain additional information. There may be other information regarding the Service
that the law requires us to send you. We may send you this information in electronic form. You have
the right to withdraw this consent, but if you do, we may cancel your Service. We may provide
required information to you: by email at the email address you specified when you signed up for
your Service; by access to a TexMesh website that will be designated in an email notice sent to you
at the time the information is available; or by access to a TexMesh website that will be generally
designated in advance for this purpose. Notices provided to you via email will be deemed given and
received on the transmission date of the email. As long as you can access and use the Service, you
have the necessary software and hardware to receive these notices. If you do not consent to
receive any notices electronically, you must stop using the Service.
4.25 Severability
All terms and conditions of this Agreement are independent of each other. If any provision of this
Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision shall be
stricken and replaced with a valid and enforceable provision that most closely matches the intent of
the original, stricken provision, and all other provisions of this Agreement shall be unaffected and
remain in full force, unless TexMesh's obligations hereunder are materially impaired, in which case
TexMesh reserves the right to terminate this Agreement.
TexMesh's failure to insist upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provisions of this Agreement.
4.26 Retention of Rights
Nothing contained in this Agreement shall be construed to limit TexMesh's rights and remedies
available at law or in equity. No course of dealing and no delay by either party in exercising any right,
power or remedy shall operate as a waiver thereof or otherwise prejudice its rights, powers or
remedies.
4.27 Entire Agreement
This Agreement, and any software end-user license agreement provided in connection with the
Service constitute the entire Agreement between Customer and TexMesh. No undertaking,
representation or warranty made by an agent or employee of TexMesh or its Underlying Providers in
connection with the installation, maintenance or provision of the Service which is inconsistent with
the terms of this Agreement shall be binding on TexMesh.
4.28 Assignment
TexMesh may freely assign its rights and obligations under this Agreement, including, without
limitation, to any parent, subsidiary or other affiliated company of TexMesh. This Agreement may not
be assigned or transferred by Customer.
4.29 Choice of Law & Venue
This Agreement, its validity, construction and performance, shall be governed by the laws of the
State of Texas. In no event shall any arbitration be commenced outside the United States, nor shall
any law outside the United States be applied.
By using the Service, or by contracting for or accepting services from TexMesh through the Service,
you expressly agree, for yourself and for your successors and assigns, to: (i) submission of all
disputes arising out of or in connection with this Agreement to litigation, (ii) without a jury, (iii) in a
state or federal court located in Travis County, Texas, (iv) waive and not assert in any proceeding
that you are not bound to litigate as aforesaid, that you are not subject to the jurisdiction of the
state or federal courts of Travis County, Texas or that Travis County, Texas is an improper or
inconvenient location or forum in which to litigate and (v) the entry of any settlement or judgment
arising from such litigation in a court of competent jurisdiction for the purpose of enforcing such
settlement or making such award executory in that jurisdiction.
4.30 Correspondence & Notices
All correspondence and notices related this agreement must be sent in writing to the attention of
'Legal Dept.' at TexMesh's registered address and delivered by a delivery service requiring a delivery
acceptance signature. TexMesh explicitly does not accept fax, or email notices.
TexMesh's current registered address can be found in the 'Contact Us' page at URL:
http://www.texmesh.com
