HomeFi Terms of Service
Aeronet Services (“Services”) and the equipment are provided by Aeronet Wireless Broadband, LLC Inc. (“Aeronet”), located at 305 Office Park, Guaynabo, P.R. Aeronet’s Terms of services (“Terms of Aeronet”) apply exclusively to your use of the Services of the company and include the acceptable use Policy and the Use Agreement. Should anything in Aeronet’s Terms and conditions be in conflict with any of the Terms of Aeronet hereinafter described, the Terms of Aeronet will prevail at all times.For the rest of this document, when the word “Terms” is used herein, it refers to the Terms and Conditions of Aeronet, this Terms of Service, the Acceptable Use Policy and the subscriber Agreement.
By accepting the Terms, the subscriber states the he is of legal age, according to the law of Puerto Rico, and has the capacity to sign a legally binding agreement to his name and that of other people in his residence who may be able to use the Services.
By registering or using the Services in any way, you accept the Terms, including but not limited to the following:
You accept to receive all communications regarding the Services and your account by email, including but not limited to, confirmations, Services invoices, and payment receipts. Nevertheless, should Aeronet (at it’s sole discretion) determine that it is necessary or convenient to make contact with you by other means, you also accept the Aeronet can contact you regarding the Services using the contact information associated with your account, including but not limited to, US Mail service, electronic mail, telephone calls and text messages/SMS.
Although we expect Aeronet to be available for the vast majority of people in the least amount of time possible, you accept that it is the exclusive prerogative of Aeronet to determine if any service will be available for any particular address. It is possible that you may have to pay a beginning of the service rate, construction rate or other similar rate in relation to the subscription of services. Your payment of a beginning of the service, construction or any other similar rate for the services that will be rendered in a particular address does not constitute an obligation of Aeronet to provide Services to any particular address. The beginning of the service, construction or any other similar rate are subject to change at Aeronet’s sole discretion.
If Aeronet, at it’s sole discretion, determines that the address at which the Services are being received is not a residential address or that the Services are being used for commercial purposes, Aeronet, at it’s sole discretion, may require that you make the transition to other type of account or service in order to continue to receive the Services. Such transition can include an increase in the rates.
Usted acepta proporcionar a Aeronet todo el acceso necesario a las instalaciones en la dirección en la que se registra para que se instalen los servicios (denominado “su residencia” a continuación) para que se pueda instalar el equipo necesario y configurado. Usted acepta que Aeronet puede instalar equipos en el exterior e interior de su residencia (incluida la colocación de equipos en el exterior de su residencia) en cualquier ubicación razonable. También acepta que Aeronet puede usar, y que tiene los permisos necesarios para aprobar el uso de Aeronet de las instalaciones existentes, incluido el cableado existente en y alrededor de su residencia, para completar los servicios de instalación, de ser necesario.
Si alquila o no es el propietario de su residencia, es posible que se le solicite que presente pruebas por escrito de que ha recibido todos los permisos necesarios para que Aeronet realice la instalación. Si Aeronet incurre en algún costo, incluidos los honorarios de abogados, porque no obtuvo las autorizaciones necesarias para instalar el equipo requerido para los servicios, usted es responsable de reembolsar a Aeronet por esos costos.
La aceptación de los Términos no garantiza que Aeronet instalará o proporcionará ningún Servicio. Es posible que necesitemos un acuerdo por separado con usted o su arrendador para instalar los Servicios.
It is possible that a cost will be invoiced to you in relation to the construction and/or installation of the equipment necessary to provide the Services. Aeronet may allow some users to pay these costs in agreed to installments. If you cancel or make certain changes in your Service plans, or if your Services are terminated due to the non compliance of these Terms, before having paid the full amount of your constrution cost, you agree to pay the remaining balance of the construction cost on the date of said change, cancellation or termination. The construction rates are subject to changes at any time. Be mindful that, once we have begun the construction for the services, you are responsible for the cost of the totality of the construction as if it had been completed in full.
We accept payment by “Pay Pal”, Credit Cards, Debit Cards and prepaid Debit Cards with the logo of Visa®, American Express® or MasterCard®. We do not accept cash, checks or electronic checks/direct debit for the services.
Aeronet may provide or rent to you several equipments in relation to your services. If such equipment is lost or damaged after the installation, Aeronet may charge you a cost for the replacement equipment. The equipment costs are subject to change. Unless otherwise specifically indicated, Aeronet has all the equipment related to the services.
You authorize Aeronet to install “software” updates on any equipment provided by Aeronet. You also accept that you will not use said equipment for any other purpose, except the use of the services.
Our service is a quality one for the consumer and is not designed nor destined for any commercial use. The band width is provided by device. The band width for each device connected to the net will be different depending on the number, type, capabilities and configuration of the devices that use the service.
You agree not to make wrongful use of the services, which include the use of services for activities that are illegal, improper, infringe on others rights or privacy or affect in a negative manner the enjoyment of the Services by others. You are liable for any use and activity in the Services, whether you or somebody else has carried our such activity. You are responsible for any use and activity in the Services, whether said activity is carried out by you or any other person. Aeronet has, at all times, the unrestricted and total option, (at it’s sole and exclusive discretion) to deny, restrict or limit in any manner your Service, or to suspend of immediately end your Service, if the use of your Service by you or anyone else using it, at our sole discretion, is in breach of the Agreement or any of Aeronet policies, or objectionable, or illegal, interferes with the proper functioning or use of the Internet, or is in breach of the Acceptable Use Policy.
If you are using the Services in a residence or location that is not owned or controlled by you, you may have understandings related to the services with the owners and/or other third parties not included in these Terms. Aeronet is not a party to these understandings and we are not liable or bound by said understandings.
The services are destined to the personal use of you and other occupants and guests in your residence. You agree not to resell, rent or in any way or manner transfer the services (be either by a rate or without charge), nor allow third parties to use the service, or to make them available to any person outside your residence.
Aeronet makes every effort to keep the net secure, but no net security is beyond the possibility of breach, hacking or interference. Although we can offer technical assistance, you are fully responsible for implementing the security measures that are appropriate when using the services, which include taking the necessary steps to prevent unauthorized third parties from having access to your data. Aeronet is not liable in any way for any damages sustained by the users because of actions taken by any unauthorized third parties.
YOU ACKNOWLEDGE AND ACCEPT THAT THE SERVICE IS HEREIN PROVIDED IN AN “AS IS” OR “AS AVAILABLE”, WITH ALL IT’S FAULTS.
ITS GRANTORS, PROVIDERS Y THIRD PARTY PROVIDERS, REJECT ANY AND ALL GUARANTEES, WARRANTEES AND CONDITIONS OF THE SERVICE, EXPRESS OR IMPLIED, INCLUDED, BUT NOT LIMITED TO, ANY IMPLICIT GUARANTEE OF MARKETABILITY AND SUITABILITY FOR ANY PARTICULAR PURPOSE, INTERFERENCE, TITTLE, COMPATIBILITY OF THE INFORMATION SYSTEMS, COMPATIBILITY OF THE SOFTWARE PROGRAMS, INTEGRATION AND THOSE STEMMING FROM THE DISTRIBUTION COURSE, COMMERCE COURSE OR COMING FROM STATUTES. ALSO, THERE IS NO GUARANTEE OF WORK EFFORT OR LACK OF DILIGENCE. NO TECHNICAL ADVICE OR INFORMATION GIVEN BY AERONET OR ITS EMPLOYEES OR AGENTS WILL CREATE A GUARANTEE REGARDING ANY ADVICE GIVEN.
AERONET DOES NOT GUARANTEE THAT ANY OF THE SERVICE, EQUIPMENT OR OTHER EQUIPMENT AUTHORIZED FOR USE IN RELATION TO THE SERVICES WILL BE MADE IN A PARTICULAR SPEED, BAND WIDTH OR DATA through the web, OR WILL NOT BE INTERRUPTED, ERROR FREE OR VIRUS FREE, CODES OR CONDITIONS OF DEACTIVATION, OR SIMILAR. AERONET WILL NOT BE RESPONSIBLE FOR THE LOSS OF YOUR DATA, OR IF THE CHANGES IN THE OPERATION, PROCEDURES OR SERVICES REQUIRE MODIFICATION, ALTERATION OR SUBSTITUTING OF YOUR PRESENT EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY AERONET FOR USE IN CONNECTION WITH THE SERVICE), THE SAME FOR OBSOLETE OR IN ANY MANNER AFFECTING IT’S PERFORMANCE.
UNDER NO CIRCUMSTANCE WILL AERONET BE RESPONSIBLE FOR: (A) ANY DAMAGE, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENT OR INCIDENTAL, INCLUDING WITHOUT ANY LIMITATION, LOSS OF EARNINGS OR PROFITS, LOSS OF PROGRAMS OR INFORMATION OR DAMAGES TO THE DATA ARISING OUT OF THE USES, PARTIAL USE, OR UNABLE TO USE THE SERVICE, OR TRUSTWORTHINESS OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO, THOSE ARISING UNDER THE CONTRACT, “TORT”, NEGLIGENCE OR STRICT LIABILITY, EVEN IF AERONET HAS BEEN NOTIFIED OF THE POSSIBILITY OF SAID CLAIMS OR DAMAGES, OR (B) ANY CLAIM AGAINST YOU BY ANY THIRD PARTY.
AERONET’S RESPONSIBILITY, (SUBJECT TO ANY DIFFERENT LIMITATION OF RESPONSIBILITY IN THE END USER LICENSE OF THIRD PARTIES OR OTHER AGREEMENTS) OUR AGENTS, EMPLOYEES, PROVIDERS, OR THIRD PARTY PROVIDERS, FOR ALL CATEGORIES OR TYPES OF DAMAGES, WILL NOT EXCEED THE MONTHLY RATES (EXCLUDING ALL NON RECURRENT CHARGES, REGULATION RATES, ADDITIONAL RATES, TARIFFS AND TAXES) THAT HAVE BEEN PAID FOR THE SERVICE DURING THE SIX (6) MONTHS PRIOR TO THE PRESENTATION OF SAID CLAIM, WHICH WILL BE THE ONLY AND EXCLUSIVE CAUSE OF ACTION REGARDLESS OF THE TYPE OF CLAIM OF THE NATURE OF THE CAUSE OF ACTION. THE ABOVE STATED LIMITATIONS WILL APPLY AS FULLY AS ALLOWED BY LAW, IF ANY PARTICULAR PART IS NOT ALLOWED BY LAW THE REST WILL APPLY AS IF THE OTHER ONE HAD NOT BEEN INCLUDED. THIS LIMITATION OF RESPONSIBILITY WILL APPLY AS EXTENSIVELY AS PERMITTED BY LAW, AND DOES NOT INTEND TO INCLUDE ANYTHING PRECLUDED BY LAW.
You accept to defend and hold harmless, indemnify and keep Aeronet harmless against any and all responsibilities, costs and expenses, including reasonable attorney fees and expert witness fees, related to or arising from use of the Service or any equipment used in relation to the Service (or the use of your Service or any other equipment by any other person): (a) in violation of any laws, regulations or this Agreement; (b) to access the internet or to transmit or publish any message, information, software, images, or other materials through the Internet; (c) that in any way causes damages to any person or result in personal injury or the death of any person or in damages or loss of any tangible or intangible property (including data); or (d) in any way results in claims for alleged infractions of proprietary rights or any intellectual property rights. The intent of this clause is to be interpreted as inclusive as possible of any cause of action brought against Aeronet.
Questions and contact information
For more information, please contact our Privacy Compliance Officer at [email protected] or by mail at AeroNet Wireless PO Box 270013, San Juan, PR, 00928.
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