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Terms of service

IMPORTANT NOTICE: By accepting these Terms of Service and using the products and services provided to you, you are bound by the terms and conditions listed hereafter and any wireless carrier “Service Agreement”, “Acceptable Use Policy”, or related document which governs a user’s responsible use of network resources and services as referenced by the wireless carrier on their website. Additional terms and conditions may also apply. A minimum summary is referenced below for your benefit.

DISCLOSURES:

SERVICE DESCRIPTION:

1. You (“you” or “Member”) are being provided an Internet access service (“Service”). You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time is the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control, or any of our partner’s control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partner’s assume no liability with regard to any failure or lack of performance of the Service.

2. Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”). The Provider reserves the right to change its AUP or T&C at any time.

3. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.

ONE-TIME MEMBERSHIP FEE

Upon becoming a member, you are responsible for paying a One-Time Membership Fee for each subscription. This covers the setup, administration and support of each subscription. This fee is only charged once and can be applied to a device upgrade or transference between plans.

MEMBERSHIP DUES

Upon becoming a member, you are responsible for paying the first month of service 14 days after receiving the equipment. The Membership start-date is calculated as 5 days after the equipment has been shipped and will renew 1 month after membership start-date, where membership dues will automatically be charged to the credit card on file. The first day of your 30-day membership plan starts when your package is considered delivered by the shipping carrier. Credit card and membership Renewal Date may be changed at the member’s request. All subscriptions must have a valid credit card on file for auto pay subscription renewal.

14-DAY MONEY BACK GUARANTEE

Each membership includes 14 days from the date of receiving the provided equipment to test out the Device and service. If the Device or service does not meet member’s expectations, a refund for both the One-Time Membership Fee will be issued when the Device has been shipped back within 14 days from the date at which the member received it. “Device” includes all equipment sent (e.g., antenna and power cords/charger). Devices returned after this period will not be entitled to a refund for either the One-Time Membership Fee or any Monthly Membership Prepayments. For any refund requests please contact us at support@clearskyinternet.com, once we have received your refund request we will contact you and provide you with an RMA and return label where applicable. Please be aware that you must contact us BEFORE a refund may be issued, DO NOT SHIP anything before we respond to your refund request and provide you with a Return Authorization Number(“RMA”) or other instructions. Once you have received your RMA please follow the return instructions as provided. We are not responsible for loss or damage of your return shipments.

SUBSCRIPTION CANCELLATION AND REFUND POLICY

All devices are the property of Clear Sky Wireless and need to be returned in order to cancel a subscription.

Cancellation of any subscription can only take place when the device has been returned to Clear Sky Wireless and associated tracking information states that the unit has been received by Clear Sky Wireless.

Devices are required to be returned in the manner that they were shipped. Please note that no modifications should be made to the device–this includes the addition of any adhesive or tape.

Devices that are not returned or are returned in an unsatisfactory manner will be subject to a device replacement fee of $140 for Hotspots and $300 for Mofi Routers.

You will receive a full refund for your hardware and subscription when the device is returned within your 14-day money-back guarantee. Once the tracking information states the hardware has been received by Clear Sky Wireless, please allow Clear Sky Wireless 12-14 business days to process, inspect and test the unit. Refunds may take up to 30 days to process before the initiation of the refund.
 

CREDIT CARD CHARGEBACKS & DISPUTES

If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms. All billing disputes should be directed to the Billing Department at billing@clearskywireless.com. Any billing disputes done through a financial institution can result in the immediate cancellation of the membership for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.

PRODUCT DESCRIPTION AND SIZE

Please be aware that all photos of any products sold on Clear Sky Wireless are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Website, it is possible that some photos shown on our Website may not be entirely representative of the actual product. The final products received by you may vary slightly in color, make, model, manufacturer, and condition (your hardware could be new, refurbished, lightly used, etc). Additionally, you should be aware that all dimensions are approximate and not exact.

NONPAYMENT

If your subscription payment is not collected within 7 days after its due date, your subscription will be automatically deactivated and canceled. If you wish to start your service again, you will need to order a new plan on our website and is subject to another Membership fee. The member is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by Clear Sky Wireless. Under no circumstances will Clear Sky Wireless be held liable for fees incurred by the member’s financial institution.

RATE CHANGES

Clear Sky Wireless reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account, you, the member, may cancel future charges by contacting us via email at support@clearskywireless.com. Otherwise, the existing membership will be billed at the new rate. This Agreement hereby supercedes all previous representations, understanding, or agreements, written or oral, by or between you and Clear Sky Wireless, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

REFERRALS

Users may be able to refer their friends, family, or other users (“Referral”) to purchase or subscribe to Clear Sky Wireless. Where a Referral has been made by you, you may be eligible to receive a subscription credit or other credit (“Referral Credit”) to redeem for Clear Sky Wireless Services. Please be aware that all Referral Credits have no cash value and may not be redeemed for cash. All Referral Credits are subject to approval and verification by Clear Sky Wireless. Clear Sky Wireless has the sole discretion in determining whether a Referral has been made and whether you are eligible to receive a Referral Credit for any such Referral. Clear Sky Wireless reserves the right to modify, update, or discontinue the Referral program at any time at its discretion.

TECHNICAL SUPPORT

Technical Support is offered on all Clear Sky Wireless provides devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable.

All devices are the property of Clear Sky Wireless and must be returned within 10 days of receiving the new operating unit. Devices that fail to be returned within this window will be subject to a Device Replacement Fee.

Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third-party Software. Clear Sky Wireless is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member’s responsibility to initiate and be available for technical support during Clear Sky Wireless hours of operation. If a member wishes to utilize Clear Sky Wireless technical support, the member must be available to help troubleshoot the connection or computer setup. Clear Sky Wireless does not provide on-site technical support.  Members should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of Clear Sky Wireless and Clear Sky Wireless is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

DOWNTIME CREDIT PRACTICE

Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit will be issued for all downtime experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account and will continue to be issued until the issue is resolved.

THINGS BEYOND CLEAR SKY WIRELESS CONTROL

Clear Sky Wireless will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or memberships.

PRIVACY POLICIES

We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider, discusses these matters generally in its “Open Internet Information”, which refers to the providers generally-applicable privacy policies that may be viewed online at their site.

REDRESS OPTION

If you have a complaint about the Service, please contact us to resolve the complaint. This notice will govern dispute resolution generally.

CONGESTION MANAGEMENT

We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end-users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

SPEED OF SERVICE

Speed rate depends upon the cellular service coverage and equipment capabilities.  The maximum speed for the service is stated under optimal conditions and may vary significantly. Clear Sky Wireless does not offer, disclose, or guarantee minimum speeds. Plans may have speed limits imposed by the network provider. All memberships are provided on an AS IS basis and throughput speeds are not guaranteed.

INSTALLATION

Clear Sky Wireless does not provide professional installation for its products/services.  If a member requires a Professional Installation, it is their own responsibility to hire a third-party technician.  Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through Clear Sky Wireless.  Clear Sky Wireless may not provide nor is responsible for any special equipment not purchased through Clear Sky Wireless.  

LIMITATIONS OF SERVICE

If you have not purchased a dedicated membership service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Clear Sky Wireless reserves the right to disconnect users for excessive or exorbitant usage.  Clear Sky Wireless and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Clear Sky Wireless policies. These parameters may be changed at any time at Clear Sky Wireless discretion. If you require a dedicated connection, you should notify Clear Sky Wireless.

APPLICATION-SPECIFIC BEHAVIOR

We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.

DEVICE ATTACHMENT RULES

The equipment used to access our service must be the original equipment provided by us to be used during the duration of membership and must be returned upon termination of membership. Membership constitutes ownership of membership and not ownership of any provided equipment (device) or carrier account that provided line is on. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).

TERMINATION

We may terminate this Agreement with you, and or any services we provide, at our discretion, at any time, or if we determine that you, or any user of your service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm Clear Sky Wireless, our business interests or a third party, at our discretion. (4) lie or steal from us (5) fail to pay your bill, or have a history of billing issues with Clear Sky Wireless (6) (a) harass, threaten, or use vulgar, or inappropriate language toward our representatives; (b) “spam,” or engage in other abusive messaging or calling; (7) modify or tamper with, in any way, a device that is property of Clear Sky Wireless; or (8) engage in any detrimental behavior including, but not limited to, data abuse, torrenting or other forms of misuse of any services offered by Clear Sky Wireless. Where we have terminated this Agreement with you at our discretion, where you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

TERMINATION BY CELLULAR SERVICE PROVIDER

If, in the Cellular membership Provider’s sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member’s use of the membership is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the membership, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a member’s service; or (e) the Cellular Service Provider for any reason ceases to offer the membership, then the Cellular Service Provider at its sole election may terminate or suspend such member’s service immediately without notice. For a termination in accordance with this paragraph, member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.

SECURITY

We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider, may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.