MULTI DWELLING INTERNET SERVICES GENERAL TERMS OF SERVICE AND POLICIES
1.0 General Agreement. Under a “Master Agreement”* made between the Landlord/Owner (“Owner”) of your rental property (“Property”) and AROSTREAM, LLC or one of its affiliates (“AROSTREAM”)* as “Service Provider,” Internet and support service (the “Services”) will be made available to Tenants of the Property. All SUBSCRIBERs are subject to the General Terms and Conditions of Service (“Terms of Service”) set forth below. In the event that a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by these General Terms and Terms of Service incorporated herein.
2.0 Application and Approval. Tenants may apply for a subscription to receive the Services on the AROSTREAM website at www.AROSTREAM.com, or as otherwise directed. Each approved Tenant is a “SUBSCRIBER” to the Services. If YOU are approved to receive the Services, then “SUBSCRIBER” refers to “YOU” and those terms may be used interchangeably. By selecting the “Acknowledgement” button or tab on AROSTREAM’s website, YOU acknowledge and agree to these Terms of Service.
READ THESE TERMS OF SERVICE CAREFULLY! THESE TERMS OF SERVICE CONTAIN PROVISIONS WHICH AFFECT AND APPLY TO TENANT SUBSCRIBERS, INCLUDING YOU, REGARDING THE SERVICES, AND INCLUDE VARIOUS RIGHTS AND OBLIGATIONS. THIS IS A BINDING LEGAL DOCUMENT.
3.0 Pricing/Cost of Services. SUBSCRIBER acknowledges and agrees that AROSTREAM has exclusive rights to determine and set pricing of the Services, and that AROSTREAM may change its prices, fees, the Services, and/or the Terms of Service at any time, without prior notice.
4.0 Payment for Services. SUBSCRIBER shall be billed monthly for all Services and shall pay all charges when due. SUBSCRIBER may be required to pay an installation deposit which may be credited toward the Services upon approval of AROSTREAM.
5.0 Payment by Credit Card, Debt Card or Check.
If Payment(s) are made by Credit Card, Debt Card, or Check, SUBSCRIBER authorizes AROSTREAM to collect such payment(s) electronically. SUBSCRIBER may not amend or modify these General Terms with any restrictive endorsements (such as “paid in full”), releases, other statements or by other payments accepted by AROSTREAM; any of which notations shall have no legal effect. Whether paying by Credit Card or Debt Card, One-Time Pay, Auto Pay services, or any form of electronic funds transfer from a banking account, SUBSCRIBER hereby authorizes AROSTREAM to collect any declined amount electronically from the subject account.
SUBSCRIBER shall be responsible for any payment processing fees incurred when using a third party to process payments to AROSTREAM. Any “NSF” charge is in addition to any charges SUBSCRIBER’s financial institution may assess. If initially rejected, AROSTREAM will make additional multiple attempts to execute such electronic payment following the initial refusal. If there has not been a successful payment, then either applicable of SUBSCRIBER’s Auto Pay or One Time Pay authorization, as applicable, will be terminated.
6.0 Additional Services. AROSTREAM reserves the right to offer SUBSCRIBER additional or a combination of AROSTREAM Services.
7.0 AROSTREAM Property. All AROSTREAM-provided equipment distributed to and/or installed, including fiber optic, for use in SUBSCRIBER’s service location(s) by or on behalf of AROSTREAM (“Equipment”) remains the property of AROSTREAM. All wiring and fiber optic, POE switches and Wi-Fi APs installed at SUBSCRIBER’s Service location are intended to remain at the specific Service location and must not be used or relocated off such premises without AROSTREAM authorization for the term of the Multi Dwelling Installation and Revenue Sharing Plan Agreement. SUBSCRIBER must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with AROSTREAM’s current schedule of charges for removed or non-returned Equipment, which amount shall be due immediately. SUBSCRIBER agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.
8.0 Disruption of Service. All Services are provided on an “AS IS” and “AS AVAILABLE” basis. In no event shall AROSTREAM be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond AROSTREAM’s reasonable control.
a) All Devices installed at the premise and all equipment supplied by AROSTREAM for which separate terms and conditions may apply or Conveyed Devices, AROSTREAM will repair and/or replace damaged or defective Equipment, if any, as long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. AROSTREAM shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. AROSTREAM is not responsible for the maintenance or repair of Subscriber-owned equipment, including but not limited to connected devices, mobile devices, home telephones, computers, modems, televisions, Subscriber Purchased Devices, Conveyed Devices, or any other related Subscriber-provided equipment.
b) A service charge may be imposed upon SUBSCRIBER for the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in AROSTREAM’s system or Equipment. AROSTREAM makes no warranties, with respect to Equipment or Service provided by AROSTREAM or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment.
c) AROSTREAM’s sole obligation and SUBSCRIBER’s sole remedy with respect to any liability or damage caused by Subscriber’s use of AROSTREAM Equipment shall be a refund of fees paid by Subscriber for the previous billing month/cycle.
ALL EQUIPMENT, WIRING, FIBER OPTIC, POE SWITCHES, SUBSCRIBER ACCESS DEVICES, AND CONVEYED DEVICES ARE PROVIDED “AS IS”, AND AROSTREAM HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.
AROSTREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT, WIRING, ANY SUBSCRIBER PURCHASED OR OWNED DEVICES, OR CONVEYED DEVICES. AROSTREAM HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR LOSS, LIABILITY OR DAMAGES ARISING FROM USE OF OWN SUBSCRIBER PURCHASED DEVICES, ACCESS DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.
10.0. SUBSCRIBER Property:
a) AROSTREAM assumes no responsibility and shall have no responsibility for the condition or repair of any SUBSCRIBER Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software.
b) SUBSCRIBER is responsible for the repair and maintenance of SUBSCRIBER’s Purchased Devices, Conveyed Devices, and any other Subscriber-provided equipment/software.
c) AROSTREAM is not responsible or liable for any loss or impairment of AROSTREAM’s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Purchased Devices, Conveyed Devices, or SUBSCRIBER-provided equipment/software
d) Notwithstanding anything to the contrary, SUBSCRIBER agrees to allow AROSTREAM and its employees, agents, contractors and representatives the right to: (A) install hardware in, (B) send software downloads to, and/or (C) install, access configure, maintain, inspect or upgrade SUBSCRIBER Purchased Devices, Services, Software Services, Conveyed Devices, or any other Subscriber-provided equipment to the extent necessary to provide the Services. SUBSCRIBER warrants that Subscriber is either the owner of such equipment, software or that Subscriber has the authority to give AROSTREAM access to it.
11.0 Taxes/Fees. SUBSCRIBER agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Internet Services provided.
12.0 Care of AROSTREAM Property and Service:
a) SUBSCRIBER agrees that no person (except AROSTREAM’s authorized personnel) will do or engage in any of the following prohibited actions: (A) open, manipulate, repair, tamper with, service, or make any alterations to the Equipment or Wiring; nor (B) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is strictly prohibited.
b) SUBSCRIBER shall incur a charge for equipment relocation and should consult a current AROSTREAM schedule of rates and charges prior to requesting such relocation.
13.0 Access to Subscriber Premises. SUBSCRIBER authorizes AROSTREAM and its employees, agents, contractors and representatives to access and otherwise enter SUBSCRIBER’s premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Services, to remove the Equipment from the premises. AROSTREAM’s failure to remove its Equipment shall not be deemed abandonment thereof. AROSTREAM may, in its sole discretion, refuse to install and/or maintain Equipment or Services at any premises or location that it deems to be or which may become hazardous or dangerous to its employees, agents, contractors and representatives, or to the public, or property.
14.0 Secure Connection Requirements.
a) SUBSCRIBER agrees without abrogating or otherwise limiting SUBSCRIBER’s separate obligations allows AROSTREAM to secure SUBSCRIBER’s account and the installed equipment under the Terms of Service, AROSTREAM shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of its network facilities, the video, phone, and/or Internet signals AROSTREAM transmits or receives, and the connection between any device or application used by SUBSCRIBER, guests or members of Subscriber’s household, or any third parties and AROSTREAM’s Equipment, system, or other network facilities (whether by physical, Wi-Fi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.
b) Without limiting any other rights, AROSTREAM shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through Subscriber’s Service, Service location, equipment, or account.
15.0 Assignment or Transfer. These Terms of Service and the Services and/or Equipment supplied by AROSTREAM are not assignable or otherwise transferable by SUBSCRIBER, without specific prior written authorization from AROSTREAM.
16.0 Termination and Expiration of Services.
(a) Termination for Bankruptcy: AROSTREAM shall have the right to terminate these General Terms immediately in the event that SUBSCRIBER makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against SUBSCRIBER under any law having for its purpose the adjudication of SUBSCRIBER as a bankrupt or the reorganization of SUBSCRIBER.
(b) Termination for Breach: In the event of any breach of the Terms of Service by SUBSCRIBER, the failure of SUBSCRIBER to abide by the rates, rules and regulations of AROSTREAM, the failure of SUBSCRIBER to provide and maintain accurate registration information, or any illegal activity by using any Services, these Terms of Service may, at AROSTREAM’s option, be terminated and the Equipment removed. Failure of AROSTREAM to remove such Equipment shall not be deemed abandonment thereof. SUBSCRIBER shall pay reasonable collection and/or attorney’s fees to AROSTREAM in the event that AROSTREAM shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these Terms of Service. AROSTREAM may terminate these Terms of Service or reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
(i) SUBSCRIBER violated these General Terms as to this or another AROSTREAM account;
(ii) The information required in the application process is or becomes incorrect, absent or incomplete;
(iii) SUBSCRIBER threatened, harassed or protest any person, business, religious group, property manager, or representative (e.g., by abusive language, physical threats, etc.);
(iv) SUBSCRIBER threatened or harassed any AROSTREAM employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
(v) SUBSCRIBER ‘s credit card issuer refuses a charge or any other payment method fails to compensate AROSTREAM
(vi) There is a violation of the Terms of Service or other agreements with respect to any Service, as determined in the sole discretion of AROSTREAM; or
(vii) The amount of technical support required to be provided to SUBSCRIBER is excessive as determined in the sole discretion of AROSTREAM.
c) SUBSCRIBER further agrees that in the event of termination pursuant to subsections (a) or (b), AROSTREAM shall have no liability to SUBSCRIBER.
17.0 Obligations upon Termination: SUBSCRIBER agrees that upon termination of the Terms of Service;
a) Subject to this Services Agreement, if applicable, SUBSCRIBER will reimburse AROSTREAM in full for early termination of services per the conditions of Internet Services the effective date of termination of the Terms of Service, the date on which the Service has been disconnected, or the date on which the Equipment is returned to AROSTREAM.
b) SUBSCRIBER will promptly return all Equipment to AROSTREAM. In the event that SUBSCRIBER fails to return any Equipment within ten (10) days of the termination of the Terms of Service in addition to Equipment charges contemplated hereunder, SUBSCRIBER shall be liable to AROSTREAM in accordance with AROSTREAM’s current schedule of charges for non-returned Equipment
18.0 AROSTREAM’s Rights and Remedies. If SUBSCRIBER breaches the Terms of Service, AROSTREAM has the right to seek compensation from SUBSCRIBER for such breach through arbitration or, if SUBSCRIBER has opted out of these General Terms’ arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against AROSTREAM that arises out of SUBSCRIBER’s relationship with AROSTREAM, the Services provided to SUBSCRIBER, the Terms of Service, or SUBSCRIBER ‘s breach thereof or failure to comply therewith, SUBSCRIBER will indemnify, defend (at AROSTREAM’s exclusive election), and release AROSTREAM from and against liability and reimburse AROSTREAM for any losses that AROSTREAM may incur, including reasonable attorneys’ fees and costs, resulting from such claim. SUBSCRIBER’s responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.
19.0. Activation Deposit. Any service activation deposit required of SUBSCRIBER for the activation of AROSTREAM’s Services will be due and payable upon the terms of Internet Services.
20.0 Advance Payment. Advance payment may be required under certain circumstances including without limitation when specific Service offer conditions require it, if SUBSCRIBER is unable or unwilling to provide information to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the service charge, including taxes, fees and surcharges. AROSTREAM reserves the right to refuse Services if SUBSCRIBER fails to fulfill standard credit requirements.
21.0 Content and Services: All Services are subject to change in accordance with applicable law.
22.0 Rates: All rates are subject to change in accordance with applicable law rates:
23.0 Disclaimer. AROSTREAM assumes no liability for any program; services, content or information distributed on or through the Services and AROSTREAM expressly disclaims any responsibility or liability for Subscriber’s use thereof. Further, AROSTREAM shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
24.0 Right to Make Credit Inquiries: SUBSCRIBER agrees and authorizes AROSTREAM to make inquiries and to receive information about SUBSCRIBER’s credit experiences, including Subscriber’s credit report, from others, to enter this information in SUBSCRIBER’s file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
25.0 AROSTREAM’s Reservation of Right. AROSTREAM reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, AROSTREAM will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing SUBSCRIBER, and AROSTREAM will provide any prior notice of suspension or termination that is required by law.
26.0 Indemnification. SUBSCRIBER agrees to the following:
a) In requesting and accepting AROSTREAM Services, SUBSCRIBER agrees to defend, indemnify, and hold AROSTREAM, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “AROSTREAM Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:
b) The installation, operation, provision, or other use of AROSTREAM Services and/or Equipment
c) Any violation of AROSTREAM’s Terms of Service, Acceptable Use Policy, or other published policies or requirements;
d) The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by
(ii) Members of Subscriber’s household, or
(iii) Subscriber’s guests, or
(iv) Any other person using the Services provided to Subscriber
e) Libel or slander resulting from any use of the Services by
(ii) Members of Subscriber’s household,
(iii) Subscriber’s guests, or
(iv) Any other person using the Services provided to Subscriber;
f) Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by
(ii) members of Subscriber’s household,
(iii) Subscriber’s guests, or
(iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber’s use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;
g) Any unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and
h) Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of service features and the equipment associated therewith, or by the use Services furnished by AROSTREAM, including but not limited to the negligence or other wrongful act of
(ii) Members of Subscriber’s household,
(iii) Subscriber’s guests, or
(iv) Any other person using the Services provided to Subscriber.
i) The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the AROSTREAM Indemnitees. Subscriber agrees that AROSTREAM Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, IPTV, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against AROSTREAM Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of AROSTREAM Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of AROSTREAM Indemnitees
LIMITATION OF LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF AROSTREAM AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES)
UNDER NO CIRCUMSTANCES SHALL AROSTREAM BE LIABLE TO SUBSCRIBER (TENANT) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER (TENANT) PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF AROSTREAM, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. AROSTREAM’S ENTIRE LIABILITY AND SUBSCRIBER (TENANT)’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY AROSTREAM OF ANY OBLIGATION AROSTREAM MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE SUBSCRIBER (TENANT)’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY AROSTREAM. IN NO EVENT SHALL AROSTREAM’S LIABILITY TO SUBSCRIBER (TENANT) FOR ANY CLAIM ARISING OUT OF THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY SUBSCRIBER (TENANT) DURING THE PRECEDING THIRTY (30) DAY PERIOD. SUBSCRIBER (TENANT) ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST AROSTREAM THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER’S (TENANT) FAILURE TO COMPLY WITH THESE GENERAL TERMS.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE GENERAL TERMS
28.0 Survival of Terms. In addition to the terms specifically noted as surviving termination of these Terms of Service, all representations, warranties, indemnifications, and limitations of liability shall survive these Terms of Service. AROSTREAM’s right to contact SUBSCRIBER shall also survive these Terms of Service unless SUBSCRIBER opts out in the manner described above herein. All other obligations of the Parties under these Terms of Service also survive termination if they relate to the period before termination or, if by their nature or terms, they would be reasonably expected or understood to survive such termination.
29.0 Entire Agreement: These Terms of Service (including the Terms of Service incorporated herein by reference) constitute the entire agreement between SUBSCRIBER and AROSTREAM. No undertaking, representation or warranty made by an agent or representative of AROSTREAM in connection with the sale, installation, maintenance or removal of AROSTREAM’s Services or Equipment shall be binding on AROSTREAM except as expressly included herein. If any portion of these Terms of Service is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If AROSTREAM fails to insist upon or enforce strict performance of any provision of these Terms of Service, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these General Terms.
30.0 AROSTREAM Internet Acceptable Use Policy
b) By using the Services, SUBSCRIBER agrees to abide by, and require each user of the Services to abide by, the terms of this AUP and associated Terms of Service. Any user who does not agree to be bound by these terms must immediately cease use of the Services and notify AROSTREAM to terminate the account.
c) Use. SUBSCRIBER agrees that the individual account Services is designed for personal and family use (residential use only) of the Services within a single apartment or unit of the Property. SUBSCRIBER agrees that only Subscriber, and SUBSCRIBER’s authorized guests and family members residing in the same apartment or unit will use the Services. SUBSCRIBER is responsible for any misuse or unauthorized use of the Services by any person that occurs through SUBSCRIBER’s account. Subscriber will not use, or enable or permit others to use, the Services to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. SUBSCRIBER will not resell or redistribute, or enable others to resell or redistribute, access to or use of the Services in any manner, including, but not limited to, through the use of wireless technology. AROSTREAM reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Services without prior notice if such use violates the AUP or Terms of Service, or is otherwise objectionable or unlawful, or interferes with AROSTREAM’s systems or business operations, or Internet Network, the Internet, or others’ use of the Services.
d) Prohibited Activities. SUBSCRIBER agrees to the following Prohibited Activities Using the System, Network, and Services. Any activity or use of the Services which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
(i) Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network;
(ii) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;
(iii) Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks;
(iv) Forging the header of any transmitted information packet, email, or Usenet posting;
(v) Modifying or tampering with any hardware, software, or configuration provided by AROSTREAM including but not limited to: routers, switches, and IPTV devices, modem configuration files;
(vi) Reselling or otherwise redistributing the Service;
(vii) Disrupting, degrading or otherwise adversely affecting AROSTREAM’s network or computer equipment owned by AROSTREAM or other AROSTREAM subscribers;
(viii) Transmit unsolicited bulk or commercial messages commonly known as “spam”;
(ix) Assuming or assigning a AROSTREAM IP address that was not allocated to the user by AROSTREAM or its network – all AROSTREAM Internet users must use DHCP assigned by the Service to acquire an IP address;
(x) Either of the following activities by a Subscriber using dedicated machines (also known as “machines” or “dedicated servers”) or virtual dedicated servers (also known as “VDS”, “VPS”, “virtual machines”, and/or “virtual servers”): (i) running a tunnel or proxy to a server at another host or (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity.
e) SUBSCRIBER agrees that because the Services are for residential use only, any use of the service for non-residential purposes is not permitted and may result in reduction in service, suspension, or termination at the sole discretion of AROSTREAM. Non-residential purposes include, without limitation, the following:
(i) Running any type of server on the system that is not consistent with personal, residential use. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCS, SQUID, NTP, DNS or any multi-user forums.
(ii) Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
(iii) IP address translation or similar facilities intended to provide additional access.
31.0 No Illegal or Fraudulent Use. SUBSCRIBER agrees the Service may be used only for lawful purposes. SUBSCRIBER will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
32.0 Security/Abuse of Resources. SUBSCRIBER agrees that User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include without limitation: open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. In the instance when SUBSCRIBER is using a wireless router, AROSTREAM requires that any wireless network be secure and encrypted. Open, unencrypted wireless networks are strictly prohibited. Should an issue arise, SUBSCRIBER is required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
33.0 Network Management. SUBSCRIBER agrees AROSTREAM uses a variety of reasonable network management tools and practices consistent with industry standards. In the event the periods of congestion necessitate such management, AROSTREAM has available the following tools and practices (without limitation and as may be adjusted over time):
a) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion;
b) spam filtering and detection techniques; and
c) measures to protect the security and integrity of its network, resources and subscribers (e.g., IP reputation services from multiple sources to deny mail relay to suspect IPs of the ISP IP space, real-time IP block lists to determine whether to accept a connection to inbound mail servers, port security techniques such as encryption and authentication, and email server- to-server traffic monitoring). In limited instances if employed, these techniques may affect the throughput rate at which subscribers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion.
34.0 Viruses. SUBSCRIBER agrees the Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, denial of service attacks, and bots. AROSTREAM will take appropriate (as decided by AROSTREAM’s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
35.0 Enforcement. a) SUBSCRIBER agrees that AROSTREAM reserves the right to investigate violations of this AUP, including the gathering of information from SUBSCRIBER or other Users involved and the complaining party, if any, and the examination of material on AROSTREAM’s servers and network.
b) AROSTREAM prefers to advise Users of AUP violations and any necessary corrective action but, if AROSTREAM, in its sole discretion, determines that a User has violated the AUP, AROSTREAM will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. AROSTREAM is not liable for any such responsive action and these actions are not exclusive. AROSTREAM may take any other legal or technical action it deems appropriate.
36.0 No Waiver. SUBSCRIBER agrees that the failure by AROSTREAM or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
37.0 Revisions to Policy. SUBSCRIBER agrees that AROSTREAM reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes on AROSTREAM’s website at www.AROSTREAM.com, under “Terms of Service/Policies,” by email or by conventional mail, and will be effective immediately upon posting or sending.
38.0 Acknowledgment. SUBSCRIBER agrees that SUBSCRIBER’s use of the Service shall be deemed acknowledgment that SUBSCRIBER has read and agreed to the Terms of Service. Any user who does not agree to be bound by these terms should immediately stop their use of AROSTREAM’s Service and notify AROSTREAM Customer Service at 1-414-454-9079 to terminate the account. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. The Terms of Service constitute a legal binding document.
39.0 Disruption of Internet Service. SUBSCRIBER agrees that in no event shall AROSTREAM be liable for any failure or interruption of program transmissions or Internet Service resulting in part or entirely from circumstances beyond AROSTREAM’s reasonable control (including without limitation, any interruption or degradation of Network Service arising from SUBSCRIBER’s interference, modification or tampering with the Network Service connection).
40.0 Copying, Reproduction, and Distribution of Programs. SUBSCRIBER shall use the programs, Internet Service, and other services provided by AROSTREAM solely for SUBSCRIBER’s personal, non-commercial use and enjoyment, and will not copy, reproduce, or otherwise redistribute such programs, Service, or other services except in compliance with applicable law.
41.0 Additional AROSTREAM Rights. SUBSCRIBER agrees that AROSTREAM has no obligation to monitor content or services accessible by means of AROSTREAM’s Network; however, SUBSCRIBER acknowledges and agrees that AROSTREAM has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation, to operate its programming and data information services properly, or to protect itself or its Subscribers. AROSTREAM shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of AROSTREAM’s Network.
42.0 Term: AROSTREAM Service shall continue until such time as terminated by SUBSCRIBER, which shall be effective upon notice, or terminated by AROSTREAM for breach (including nonpayment) of the Terms of Service or otherwise terminated by AROSTREAM in the General Terms and Conditions for Services.
44.0 Network Passwords. SUBSCRIBER is solely responsible for securing any Wi-Fi connectivity/access to the Internet service by means of a password. As such SUBSCRIBERS are solely responsible for any conduct undertaken by means of access to the Internet services (including without limitation the AROSTREAM IPTV App) by any party, whether or not such access is initiated by a member of SUBSCRIBER’s household, a user authorized by SUBSCRIBER, or other person through any Wi-Fi access/connectivity, and any loss, damage, or other liability arising therefrom.
45.0 Username and Password for Use and Access to Network. SUBSCRIBER agrees that SUBSCRIBER is required to have an AROSTREAM username and password, and must register for an AROSTREAM user account by visiting arostream.com. We reserve the right to reject any username or password request in our sole discretion. SUBSCRIBER is responsible for maintaining the confidentiality of any username or password provided, and SUBSCRIBER agrees not to transfer such password or username, or lend or otherwise transfer rights to use or access the Services to any third party.
46.0 Suspension or Termination of Rights: SUBSCRIBER agrees that AROSTREAM may suspend, restrict or terminate SUBSCRIBER access to or use of the Services at any time and for any reason (including if we believe that SUBSCRIBER has violated or acted inconsistently with the letter or spirit of any of the Terms of Service, or if we believe that username, password, or apartment network has been accessed by a third party). The rights granted to SUBSCRIBER to use the Services will terminate immediately upon the expiration or termination of the Terms of Service, or upon SUBSCRIBER breach of any of the Terms of Service. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify compliance with the Terms of Service.
47.0 Disclaimer. SUBSCRIBER agrees that AROSTREAM assumes no liability for any program, services or information distributed over the Network system and/or AROSTREAM’s Wi-Fi Access Point device. AROSTREAM shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the service, unless such products, merchandise or prizes are provided directly by AROSTREAM.
48.0 Prohibited Uses and Activities. SUBSCRIBER shall not use AROSTREAM’s Equipment, or the Internet or IPTV Service for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with AROSTREAM, including but not limited to:
a) Invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
b) Redistributing or retransmitting the Service, or any portion thereof, or transmitting or distributing the Service, or any portion thereof, to persons outside the service location on Subscriber’s account;
c) Modifying, disrupting, unauthorized relocation of or tampering with AROSTREAM’s Equipment, including but not limited to, tampering with the Wi-Fi equipment, devices or connections , or any of AROSTREAM’s services;
d) Connecting or attaching equipment to the Network Service with the intended purpose to distribute the Service in an unauthorized manner;
e) Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the IPTV Service, or any portion thereof including AROSTREAM software or third party software made available through or in connection with the Network Service;
f) SUBSCRIBER will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Subscriber must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Subscriber represents and warrants that Subscriber is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and Subscriber further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. AROSTREAM assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes;
g) Subscriber agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Network Service;
h) Restricting, inhibiting or otherwise interfering with the ability of any other AROSTREAM subscriber to use or enjoy any AROSTREAM service, third party IPTV Service, or the Internet;
i) Reselling the AROSTREAM Service or services;
j) Conducting a pyramid or other illegal soliciting scheme;
k) Impersonating any person or entity or forging anyone else’s digital or manual signature; or
l) Harassing, threatening, or otherwise verbally abusing AROSTREAM employees or its agents.
Engaging in one or more of these activities may result in termination of Subscriber’s Service. This Section 53 shall not in any way limit AROSTREAM rights of termination pursuant to any other provision of the Terms of Service.
49.0 Limitation of Liability
a) SUBSCRIBER agrees that any information sent by SUBSCRIBER utilizing the functions of AROSTREAM Equipment or any Subscriber-owned device is sent at SUBSCRIBER’s sole risk, and AROSTREAM shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by SUBSCRIBER. Without limitation of the foregoing, Subscriber acknowledges and agrees that AROSTREAM shall not be liable for any use of Subscriber’s information provided to third parties in connection with Subscriber’s use of the Services or other third party services or functions available through the Service. AROSTREAM shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber’s use of the Service, and any features or functionalities thereof, including but not limited to intermittent service, erroneous deletions, failed or misdirected recordings, and inability to schedule recordings.
b) No Warranty: SUBSCRIBER agrees that Subscriber uses the Internet Service and any software and equipment supplied by AROSTREAM at Subscriber’s sole risk. The Internet Service and AROSTREAM equipment are provided on an “as-is basis”, if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. AROSTREAM does not warrant uninterrupted use of Internet Service. AROSTREAM does not warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. AROSTREAM does not warrant that any data or files Subscriber sends or receives via the Internet Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber’s computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable Internet users to gain access to Subscriber’s equipment or to monitor Subscriber’s activity and conduct while using the Internet Service.
c) Anti-Spam Software: SUBSCRIBER acknowledges and understands that AROSTREAM may utilize anti-spam software in the network backbone for security technology for operation of the Internet Service that may block incoming and outgoing electronic traffic. If anti-Spam software is used by AROSTREAM, AROSTREAM does not warrant that such feature will block all unwanted traffic consistent with other statements set forth in this Agreement.
d) Security Software: In addition, SUBSCRIBER agrees that, in its sole discretion, AROSTREAM may make available to Subscriber security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber’s use on Subscriber’s computer system in conjunction with the Internet Service. Any such security software provided by AROSTREAM to Subscriber is intended to provide only a minimal level of protection to Subscriber’s computer system(s). Subscriber understands and agrees that AROSTREAM and its third party suppliers of any such security software do not guarantee its accuracy, efficacy or performance. Subscriber understands and agrees that AROSTREAM and its third party suppliers are not responsible for any damage to Subscriber’s computer system(s) or the information stored on it that may result from the security software or its non-performance.
e) Third Party Sites: SUBSCRIBER acknowledges that when Subscriber uses the Internet Service and/or accesses AROSTREAM web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties (“Third Party Site(s)”). AROSTREAM provides these links as a convenience and they are not under the control or ownership of AROSTREAM. The presence of a link to any Third Party Site is not an endorsement by AROSTREAM of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber’s use of any third party site is governed by the various legal agreements and policies of the Terms and Conditions of this policy.
50. 0 SUBSCRIBER agrees to the following
a) SUBSCRIBER is responsible for any misuse of AROSTREAM’s Equipment, third party IPTV Service, and Internet Service or any third party services to which Subscriber has subscribed, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to Subscriber’s account. Therefore, Subscriber must take steps to ensure that others do not gain unauthorized access to AROSTREAM’s Equipment or third party services. For example, Subscriber must secure any wireless devices connected to the network used in connection with the Service by requiring passwords or similar means of restricting access to such network.
b) SUBSCRIBER agrees to maintain the security and confidentiality of Subscriber’s usernames and passwords or similar credentials that enable Subscriber to access the Service. Subscriber further agrees not to disclose such credentials to any third party. Without limitation of the foregoing, Subscriber agrees that Subscriber shall not disclose such credentials to third parties to enable them to access the Service or programming that may be made available to Subscriber outside the residence.
c) The Equipment, Wi-Fi Service, and third party services may not be used to breach the security of another AROSTREAM subscriber or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. Use or distribution of tools designed for compromising security is prohibited.
d) Subscriber acknowledges and agrees that when using the Internet Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Subscriber’s equipment. Subscriber is responsible for taking and should take all appropriate security measures when using the Internet Service. Subscriber assumes sole responsibility for Subscriber’s equipment used in conjunction with the Internet Service and for providing and configuring any “firewall” or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Internet Service, and Subscriber, not AROSTREAM, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. AROSTREAM does not warrant that others will be unable to gain access to Subscriber’s computer(s) and/or data even if Subscriber utilizes blocking and filtering technologies, nor does AROSTREAM warrant that the data or files will be free from computer viruses or other harmful components. AROSTREAM has no responsibility and assumes no liability for the protections Subscriber may employ nor for any damages that may arise from accessing the Internet. Subscriber shall not permit or enable any use of Subscriber’s account or account passwords by any person not a member of Subscriber’s household. Subscriber is responsible for any misuse of the Internet Service that occurs through Subscriber’s account whether by a member of Subscriber’s household or unauthorized third party.
51.0 Third Party Services. SUBSCRIBER agrees that In addition to providing video programming and video-related services, and interactive television services, AROSTREAM’s Wi-Fi, any Device (as defined in the General Terms and Conditions of Residential Service), or other devices may enable SUBSCRIBER to engage in e-commerce, procure a third party’s services, or products. Subscriber acknowledges that any such purchase, use of, or interaction with such third party services and products by Subscriber or Subscriber Group (as defined in the General Terms and Conditions of Residential Service) may be subject to third party terms, conditions, and charges (i.e. charges may be incurred as a result of accessing certain information or purchasing or subscribing to third party offerings when using these functions). All such charges, including applicable taxes and compliance with any third party terms, conditions, or agreements shall be the sole responsibility of Subscriber and are not the responsibility of AROSTREAM.
53.0 Entire Agreement: SUBSCRIBER agrees that the Terms of Service constitute the entire agreement between SUBSCRIBER and AROSTREAM for the Services. No undertaking, representation or warranty made by any agent or representative of AROSTREAM in connection with the sale, installation, maintenance or removal of the Services or AROSTREAM Equipment shall be binding on AROSTREAM except as expressly included herein.
54.0 Amendments or Changes. SUBSCRIBER agrees that AROSTREAM may, in its sole discretion, alter, amend, change, modify, add or remove portions to these Terms of Service, or any part thereof, at any time, without prior notice. AROSTREAM may notify SUBSCRIBER of any such changes to the Terms of Service by posting notice of such changes on its website at www.AROSTREAM.com, by using the features of the AROSTREAM Wi-Fi Network, or sending notice via bill statement, text, e-mail, postal mail, or other reasonable means. SUBSCRIBER’s continued use of the Services following notice of such amendment, change or modification shall be deemed to be SUBSCRIBER’s acceptance thereof. If SUBSCRIBER does not agree to any amendment, change or modification of the Terms of Service, Subscriber must immediately cease using AROSTREAM Equipment and Services and notify AROSTREAM that SUBSCRIBER is terminating its subscription for the Services in accordance with the Terms of Service.
55.0 Equipment. SUBSCRIBER agrees that in order for the use of AROSTREAM’s Internet Service, SUBSCRIBER must meet minimum computer, device, in-residence network and system requirements as identified by AROSTREAM
a) Computer Equipment: The personal computer or device that Subscriber uses to access the Internet Service must meet minimum configuration standards. The minimum configuration standards may change and AROSTREAM will make reasonable efforts to support previously acceptable configurations; however, AROSTREAM is not obligated to offer support to attached devices such as, and not limited to laptop, desktops, cell phones, tablets, etc. AROSTREAM is not obligated to continue to provide such support. AROSTREAM may supply equipment such as Wi-Fi devices, network switches to operate the Internet Service. Subscriber acknowledges that such equipment may require updates and/or changes to the software resident in the equipment, and that Subscriber may be required to perform such updates and/or changes. Notwithstanding, Subscriber hereby authorizes AROSTREAM to perform updates and/or changes, on-site or remotely from time to time as AROSTREAM deems necessary, in AROSTREAM’s sole discretion.
b) AROSTREAM does not provide technical assistance for third party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third party hardware or software should be directed to the manufacturer of that product. AROSTREAM is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Internet Service.
c) SUBSCRIBER will not connect any equipment, other than equipment authorized by AROSTREAM, to any third party IPTV outlet or port. Subscriber understands that failure to comply with this restriction may cause damage to the AROSTREAM network and subject Subscriber to liability for damages and/or criminal prosecution. Subscriber may not alter, modify or tamper with the Equipment or the Internet Service, or permit any other person, not authorized by AROSTREAM, to do the same.
56.0. Monitoring the Internet Service and Privacy. SUBSCRIBER agrees to the following:
b) For content residing on AROSTREAM’s network or network servers, AROSTREAM reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in AROSTREAM’s possession about or related to Subscriber, Subscriber’s use of the Internet Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or AROSTREAM subscribers’ information.
57.0 Bandwidth Service. SUBSCRIBER acknowledges and agrees that AROSTREAM does not guarantee any particular amount of bandwidth from third party services on the AROSTREAM network or that any speed or throughput of SUBSCRIBER’s connection to the AROSTREAM network will be available to Subscriber. SUBSCRIBER acknowledges and understands that the speed of the Internet Service provided at Subscriber’s site will vary depending upon a number of factors, including without limitation, SUBSCRIBER’s computer system(s), devices and associated equipment (e.g., number of users at any particular time at SUBSCRIBER’s residence, Wi-Fi routers/access points, etc.), internet traffic supplied by third party ISP, and other factors such as system capacity limitations, governmental actions, events beyond AROSTREAM’s control, and system failures, modifications, upgrades and repairs. SUBSCRIBER acknowledges and understands that wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, number of devices using the internet at one time and other outside factors.
58.0. Additional Terms for AROSTREAM Wi-Fi. SUBSCRIBER agrees that Wi-Fi service supported by the AROSTREAM-provided wireless access point device (“AROSTREAM Wi-Fi”) is a service available to SUBSCRIBERs that provides wireless access to the AROSTREAM Internet Service within SUBSCRIBER’s residence (“Apartment Network”), for which SUBSCRIBER may be charged a fee consistent with AROSTREAM’s then-current practices. AROSTREAM Wi-Fi devices come programmed with certain default settings and configurations for the Residence Building Network. SUBSCRIBER may not modify the default settings and configurations on the AROSTREAM Wi-Fi Device. AROSTREAM does not guarantee the security of the AROSTREAM Wi-Fi Device and Subscriber’s connection to the Internet Service via the Residential Network. AROSTREAM is not responsible for the speed or performance of the Internet Service to the extent accessed by SUBSCRIBER on a third party network. Subscriber understands and agrees that Subscriber is solely responsible for the security of their Residential Network and must enable and use their device security applications while accessing AROSTREAM Internet network. AROSTREAM reserves the right to pre-configure the AROSTREAM Wi-Fi Device to distribute a wireless Internet access point (i.e. an AROSTREAM Wi-Fi Hotspot) separate from the Residential Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by SUBSCRIBER for any purpose. SUBSCRIBER shall not have the right to disable such AROSTREAM Wi-Fi Hotspot, and shall not be responsible for the security of the Wi-Fi Hotspot. The AROSTREAM Wi-Fi Device will collect and maintain certain information regarding access to and use of the Residential Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by AROSTREAM to provide the Internet Service and support, as well as for AROSTREAM’s internal business analytics regarding the use of the Internet Service. Subscriber acknowledges and agrees that AROSTREAM shall have access to the network name and password associated with the AROSTREAM Wi-Fi Device in order to provide support and diagnostic services. AROSTREAM reserves the right to modify the network name and password for the AROSTREAM Wi-Fi Device in order to safeguard Internet security, the security and privacy of Subscriber’s information, where required by law, and/or for other good cause to provide, upgrade and maintain the Internet Service, and protect the network, other users of the Internet, or our subscribers. Subscriber acknowledges that the AROSTREAM Wi-Fi Device is AROSTREAM Equipment.
59.0 Entire Agreement. This Agreement shall be posted along with the Terms of Service governing SUBSCRIBER’s use of AROSTREAM service at www.AROSTREAM.com, under “Terms of Service/Policies,” and are the only terms and conditions that govern AROSTREAM. No undertaking, representation or warranty made by any agent or representative of AROSTREAM in connection with the sale, installation, maintenance or removal of Services shall modify or amend this Agreement or the Terms of Service.