KiteNetworks

Kite Networks User Agreement Policy

Terms and Conditions

This is an agreement between you the user and NeoReach, Inc and Kite Networks, Inc. ("Kite," "we" or "us") for wireless local area network communications services and related services and features (the "Service") and any wireless local area network compatible equipment purchased from us ("Unit") for use with the Service.

  1. Agreements Governing Use of Service. These wireless network Terms and Conditions ("T&C's"), any Kite service agreement (the "Service Agreement") you have agreed to, and the specific rate plan or service plan information you received in connection with your account (collectively or individually, the "Agreement") govern the use of the Service. (Visit www.kite.net for specific rate plan information.)

  2. Acceptance of Agreement by Use/Activation. BY USING AND/OR ACTIVATING THE SERVICE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree to the terms of the Agreement, do not use the Service. Your electronic acceptance on our web site, your activation or use of the Service or your signature below constitutes your acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement. By acceptance of this Agreement, you agree and acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. Our Privacy Policy can be found at http://www.kite.net/AboutUs/privacy_policy.htm.

  3. Changes to the Agreement or Charges. We may change this Agreement to include without limitation an increase in the charges for Service or any other charges at any time. However, if we: (a) increase the charges for a Service and you would be charged a termination or other fee to cancel that Service, or (b) we modify a material term of our Agreement with you and the modification would be materially adverse to you, we will notify you of the increase or modification (as provided in Paragraph 18 below) and you can cancel the affected Service without paying the termination or other fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the Service by following the instructions in the notice, then you agree to the increase or modification, even if you paid for Service in advance. If the notice does not say how long you have to cancel, then it is within 14 days after the date the notice is given as provided for in Paragraph 18 below.

  4. Service Availability. Service is available only when it is within the operating range of our system or of an operator with which we have an applicable roaming agreement (roaming may not be available with all plans). Kite Networks locations and maps are subject to change at any time without notice. Actual service coverage, speeds, locations and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose credit, usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is an estimate and is no indication of the speed at which the Service actually sends or receives data. Actual network speed will vary based on Unit configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the Service by, among other things, changing or upgrading the 802.11a, 802.11b, or 802.11g standard. We reserve the right to serve advertisements through our network.

  5. Use of Service. Unless otherwise set forth by us in writing, you are receiving a single user account solely for your use of the Service. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your logon credentials to include username and password with anyone.. You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. Provided, however, you may use the Service in a personal local area network at your primary residence provided that adequate precautions are taken to prevent unauthorized use by persons or entities who do not reside at such residence. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Unit. You may not assign your log-in name, password or IP address to any other person or Unit. You agree that we may access your computer and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the unit or network; enable, operate and update the Service and software; investigate activity that may be in violation of this Agreement; or to comply with law. You agree not to use or attempt to use the Service, the Kite Network or website, or your computer for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: a. violating any applicable law or regulation; b. Posting or transmitting content you do not have the right to post or transmit; c. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; d. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; e. Attempting to intercept, collect or store data about third parties without their knowledge or consent; f. Deleting, tampering with or revising any material posted by any other person or entity; g. Accessing, tampering with or using non-public areas of the Service or any Kite Network website or Kite computer systems and network; h. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; i. Attempting to access or search the Service or any Kite Network network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; j. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail"; k. Using or attempting to use the Service or any Kite Network website to send altered, deceptive or false source-identifying information; l. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Kite Network website; m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Kite Network website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any website or internet site or user; or n. Impersonating or misrepresenting your affiliation with any person or entity.

    If we suspect violations of any of the above, we may: a) institute legal action, b) immediately, without prior notice to you terminate the Agreement and the Service, c) terminate any other Kite agreements between us and you and the Kite Network service provided under those agreements, and d) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.

    Kite reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&Cs, including but not limited to any of the activities described in this Paragraph 5. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&Cs, including but not limited to those activities described in this Paragraph 6 and any other activities that may subject Kite or its customers to liability. Kite disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Unit.

  6. Content Disclaimer. Cautions and Restrictions. We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third-party content accessed through the Service, and are 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. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies or their compliance with them. If you elect to download into your Unit or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.

  7. Term; Termination of Service. The Agreement begins on the date Service is activated or used (or is otherwise deemed to have been accepted as provided in Paragraph 2) and will continue until terminated by you or us in the manner provided in the Agreement. You understand that if at any time you are not current in paying amounts owed to us, or if your credit or debit card ("Card") expires, does not process payment or is otherwise rejected, we may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is terminated by you or us. If you select a subscription plan with a fixed term longer than 31 days (such as an annual plan), the term of Service shall be a minimum of 12 months from the date of your plan commencement, after any applicable promotion periods have expired (the "Fixed Term"). If you do not or cannot renew your Fixed Term subscription upon its expiration, the plan will continue on a month to month basis. If you select any other subscription plan, the plan will commence after any applicable promotion periods have expired. We may terminate Service for any reason upon 3 days notice other than for breach (in which case we may terminate without prior notice). You may terminate Service for plans without a Fixed Term by providing 30 days notice to us. If we terminate your Service for breach, or you attempt to terminate Service prior to the end of the Fixed Term, you agree to pay us as an early termination fee for each subscription, and as a reasonable estimate of our damages, and in addition to other amounts owed, the lesser of $200 or the remaining monthly recurring fees owing to the end of the Fixed Term (which you agree may be deducted from any deposit, or automatically billed to your account or Card). In addition, we may keep any amounts prepaid by you sufficient to cover any accrued charges and fees related to the Service you have used. If you terminate the Service before the end of your billing cycle, (1) you will be charged for the entire monthly bill cycle without pro-ration, and (2) you will not receive a credit or refund for any unused minutes or megabytes (or portions thereof).

  8. Default; Termination. You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and us, become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including any early termination fee) due under the Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. We have the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement. If we agree to renew Service to you after discontinuing Service, you agree to pay any applicable reactivation charges. Our remedies hereunder are not exclusive but are in addition to any provided by applicable law.

  9. Your Account. Unless you have selected a special promotional rate plan or accepted promotional pricing, you may, upon notice to us and payment of any transfer fee we assess, change to another rate plan. Any Fixed Term will remain unchanged by any modification to your account, unless we require a new Fixed Term as part of such modification. If we allow you to temporarily suspend your account, the Fixed Term will be extended by the length of the temporary suspension.

  10. Deposits. We may require a deposit in which you grant us a security interest to secure your payment of all amounts when due. Unless prohibited by law, deposits received by us may be commingled with other funds and will not earn interest. We may increase your deposit at any time upon notice to you. You may either provide us with the increased deposit or terminate Service within 7 days following the date of such notice, and in the latter case any early termination fee will be waived. A deposit may not be used by you to pay any amounts owed to us (unless used to pay a final invoice) or to delay payment. You must promptly pay your bills even if you have given us a deposit. If Service is terminated for any reason, any deposit will be applied to pay any of your charges and fees then or thereafter due. Any remaining deposit or other credit balance will be returned without interest (to the extent allowed by law) to you following termination at your address in our billing records. Unless otherwise prohibited by law we will return balances of $5 or less only if you contact us to request that money. We will hold such money for you for 1 year (without accruing interest for your benefit), but, to the extent nor prohibited by law, you forfeit to us any portion of the money left after 1 year. You also forfeit any money that the U.S. Mail cannot deliver and returns to us.

  11. Billing and Payment of Charges. You agree to provide us with accurate and complete billing information including legal name, address, telephone number and credit or debit card/billing information, and to report all changes to this information within 30 days of the change. You represent that the address you have provided to us for billing purposes is either your residential or business street address. You authorize us to verify your creditworthiness with credit-reporting agencies from time to time. You agree to timely pay in full all charges for Service under the Agreement, including regular monthly Service and other charges billed to your account. You will be charged for Service and other features on a monthly billing cycle basis. Except as otherwise provided in your rate or service plan, monthly recurring charges are invoiced one billing cycle in advance and any portion of a monthly billing cycle is not prorated, but billed as a whole cycle. We may change your billing cycle at any time. All minutes of use are billed in full minute increments. Any taxes, assessments, fees, costs or charges imposed on us or you as a result of providing the Service will be added to your charges and are subject to change or increase at any time without notice. If we have agreed that you will pay for charges with a Card, we will retain the Card information in our records. YOU AGREE THAT YOUR CARD WILL AUTOMATICALLY BE BILLED BY US EACH MONTH FOR THE DURATION OF YOUR SERVICE UNTIL THE AGREEMENT IS TERMINATED AS PROVIDED HEREIN. You also authorize us to charge your Card at or after termination of Service to pay what you then owe including, but not limited to, payment of any early termination fee. If you revoke authorization to charge your Card, or if for any reason your Card issuer does not pay us, we must receive payment from you on or before the due date or you will be in default of the Agreement. Except as prohibited by law, charges, less disputed amounts, must be paid by the due date. You agree that (a) time is of the essence; (b) it would be impractical to fix the exact amount of our damages if you fail to pay promptly; and (c) in the event we do not receive payment by the due date, your payment is past due and you shall pay us default interest of the lower of 1.5% per month (or any portion thereof) of any past due amount until paid, or the highest amount permitted by law.

  12. 12. If you believe you have been incorrectly charged, you must notify us of such disputed charges within sixty (60) days from the date the disputed charges are first billed or you waive your right to dispute those charges. Please contact Kite Network Customer Care at 1-866-929-9434 so that we can review your account. If you accept a credit to resolve an issue, you agree that the issue has been resolved. If it is determined that you owe any amount in dispute, that amount will be added to any current charges and must be paid by the due date. If we accept late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of our rights hereunder to collect all amounts that you owe us nor will it constitute an accord and satisfaction. We may charge you a fee of $20 or such amount as may be permitted by law for any Card amount rejected or check returned for insufficient funds.

  13. Digital Millennium Copyright Act ("DMCA") Notice. In operating the Service, we may act as a "services provider" (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.

    Kite and Neoreach's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail:
    Copyright Agent
    c/o Office of Legal Council
    613 Crescent Circle
    Ridgeland, MS 39157
    By phone: (601) 914-2000
    By fax: (601) 898-9908
    By email: copyright -at - kite.net

    The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
    • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
    • A description of the copyrighted work claimed to have been infringed;
    • A description of the infringing material and information reasonably sufficient to permit the University of Chicago to locate the material;
    • Your contact information, including your address, telephone number, and email;
    • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.


  14. Disclaimer of Warranties. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR AGENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES ("KITE AFFILIATES") WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

  15. Limitation of Liability. We shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control. EVEN IF KITE OR ANY OF THE KITE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY UNIT, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

    THE MAXIMUM AGGREGATE LIABILITY OF KITE AND ANY KITE AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR UNIT, SHALL BE TO RECOVER THE PRORATED MONTHLY OR OTHER CHARGES TO YOU FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

    THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY THIRD PARTY NETWORK PROVIDER FROM WHICH ROAMING SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU AS PART OF THE SERVICE.

  16. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or network provider (including any carrier or network provider from which roaming services are provided or made available to you as part of the Service), and any Kite Affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or your violation of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.

  17. Privacy and Security. Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). Please consult the Kite Privacy Policy posted on our website for additional information on the use and disclosure of information. You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service or Unit. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness. Please consult the Kite Security Statement at http://www.kite.net/aboutus/security_statement.htm for additional information concerning the security of the Service on the Kite Network network and steps you can take to enhance security while using the Service on our network. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify us of any unauthorized use of your account or other security breach. If you are roaming on another network, Kite Network cannot guarantee the security of such network, the privacy of your data or the ability of your solution to work on such network. You are strongly encouraged to review the user policies applicable to any such roaming network, including those related to security and privacy, before commencing a roaming session.

  18. Assignment. We may assign in whole or in part our rights or duties under the Agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder. You may assign the Agreement only with our prior written consent. Subject to this restriction, the Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties.

  19. Notices and Communication. Notices to you shall be considered given and received by you on the third day after the date deposited in the U.S. Mail addressed to you at your address in our billing records or immediately upon delivery using electronic means such as e-mail. You agree that we may contact you through the Service to notify you of changes to or information about your account, the Service, additional services or the Agreement.

  20. Severability. All terms and provisions of these T&C's are independent of each other. If any term or provision of these T&C's is held to be inapplicable or unenforceable, including without limitation any terms or provisions in Paragraphs 3, 14 or 15, then: (a) such term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect, (b) the Agreement will not fail its essential purpose and (c) the balance of the terms and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired, in which event we reserve the right to terminate the Agreement.

  21. Governing Law; Venue and Statute of Limitations. Except as set forth in Paragraph 3, the Agreement, its validity, construction and performance shall be governed by the laws of the state of Delaware. Except as otherwise provided in the Agreement, and unless prohibited by law, any controversy, claim or dispute must be brought by you within one (1) year of the date you are entitled to assert any such claim.

  22. Entire Agreement. The Agreement represents the final and entire agreement between you and us regarding the Service. Except as otherwise provided in the Agreement, no prior or subsequent handwritten, typed, or oral change to the Agreement will be valid unless we accept it in writing. Our failure at any time to require strict performance by you or any other subscribers of any of the provisions herein shall not waive or reduce our right to thereafter require strict compliance with any provisions of the Agreement.

  23. Signing Authority; Authorized User. You acknowledge that you are of legal age, have received a copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use your Unit or the Service.

  24. Pay as You Go Customers. If you purchase the Service on a "pay as you go" basis, the Agreement and the following apply to you. When purchasing the pay as you go Service, you are responsible for paying all applicable charges for using the Service, which will be charged to your account or Card.

Additional Information

We strongly recommend you take measures to secure your Wi-Fi devices and Internet communications. We encourage and support many customer-provided security solutions, such as VPNs, personal firewalls and the use of websites that provide SSL encryption of your data. It is your responsibility, however, to take these precautions and provide security measures best suited to your situation and intended use of the Service. We do not currently provide these solutions and cannot guarantee or otherwise be responsible for their effectiveness. Please note that appropriate safeguards should be used for any type of wireless technology or Internet access via any service provider. If you are interested in learning more about security solutions, a few sources of additional information are:

Please keep in mind that this statement and the frequently asked questions ("FAQs") listed on our website only address our Kite Network service and are limited in scope. They do not and are not intended to cover security issues on networks with which we have a roaming relationship, including networks operated by other affiliates under the Kite brand. They also do not and are not intended to cover all types of network, device or Internet security issues or risks. For example, wired and wireless networks and devices (such as PDAs, desk top and laptop computers, and servers) may be susceptible to viruses, Trojan horses, and denial of service attacks. We encourage you to use other resources, such as those found on the Internet, and at libraries or in bookstores, for comprehensive information concerning these and other security risks and issues. We may update our Security Statement and the FAQs from time to time. Please check them regularly for updates. If you have questions about privacy, please see the Privacy Policy posted at http://www.kite.net/aboutus/privacy_policy.htm.

General Section:

  • Coverage available at Kite Network locations. See "Locations" for additional information.

  • An 802.11b enabled device is required to access Kite Network networks.

  • You acknowledge that the service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the service or your device. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the service. Please consult the Kite Network Security Statement posted on our website for additional information concerning the security of the service and steps you can take to enhance the security of the service

Privacy Policy | Security Statement | Acceptable Use Policy
© 2006 NeoReach Networks Inc. - All rights reserved.