TERMS OF SERVICE
This following terms (this “Agreement”) govern the relationship of Wiwiz.com (the “Service Provider”), its service and/or products – including Wiwiz HotSpot Builder Utility and Wiwiz Web Control Panel (the “Service”), and any person or entity that is explicitly granted use of the Service (the “Customer”).
THE CUSTOMER AGREES TO BE BOUND BY THE TERMS BY USING THE SERVICE. OTHERWISE, PLEASE STOP USING THE SERVICE AND REMOVE ALL DATA AND SOFTWARE ABOUT THE SERVICE.
1. RESERVATION OF RIGHTS AND OWNERSHIP
The Service Provider reserves all rights and is the owner of Wiwiz HotSpot Builder, including Wiwiz HotSpot Builder Utility and Wiwiz Web Control Panel. The Service Provider or its suppliers own the copyright of the Service.
2. Rights and Obligations of the Customer
2-1. The Customer should be responsible for any economic, political or legal problems. The Customer should be responsible for compliance with laws and regulations in USA or the country where the Customer stays. The Customer may not use the Service for any unacceptable purpose, including, but not limited to:
2-2-1. Making, copying, transmitting or spreading any illegal or harmful information
2-2-2. Helping others to make, copy, transmit or spread any illegal or harmful information by using such as URL, banner, and so on.
2-2-3. Transmitting any unsolicited commercial e-mail or any unsolicited bulk e-mail
2-2-4. Transmitting copyrighted material without authorization from the copyright holder
2-2-5. Consistent abuse or overuse of shared system resources or willfully interfering with the regular operation of the Service
2-2-6. Attempting to access any system which the Customer knows or reasonably should know that the Customer is not authorized to access in the manner or to the extent attempted
2-2-7. Running any vicious cracking or scanning software or root exploit kits against other servers/PCs
2-2-8. Distributing viruses, worms, trojan horses or other vicious programs
2-2-9. Forging or misrepresenting message headers in whole or in part
2-2-10. Violating of the rights of privacy or publicity of an individual
2-2-11. Distributing secret or classified information without authorization
2-2-12. Transmitting obscene materials, pornography, or gambling information
2-2. The Customer can create hotspots and share network links (e.g. sharing Internet links) with the Service based on compliance with local laws, regulations, and the agreements between the Customer and the Customer’s ISP.
2-3. If the Customer creates chargeable/non-free hotspots, the Customer should show all the service details (e.g. the max connection speed, time limits, service limits and so on) and the real contact information of the hotspot administrator to the users of the hotspot.
2-4. When using a hotspot founded by another user by using the Service, the Customer should agree to both these terms and the agreements between the Customer and the hotspot’s owner.
2-4. The Customer is entirely responsible for preventing any loss or damage to the data and the confidentiality of the Customer’s account information and password. The Customer agrees that the Service Provider is responsible for any loss, damage or destruction of the Customer’s data if it is caused by the Customer’s wrong operation, leak of password or account information.
2-5. The Customer agrees that the Service Provider has the right to terminate temporarily or permanently according to laws, regulations or governmental requirements without refund.
2-6. The Customer should submit all necessary contact information to the Service Provider, including billing and all administrative contact information. The Customer should update contact information if it is changed, and let the Service Provider know. The Customer agrees that the Service Provider is not responsible for any result caused by the Customer’s behavior when assistance from the Service Provider is needed.
2-7. The Customer makes sure that all information submitted to the Service Provider is real and valid. The Customer should be responsible for any result of submitting unreal or invalid information.
2-8. The Customer should pay all fees invoiced by the Service Provider according to the billing information of related services.
2-9. The Customer is willing to receive non-commercial notifications from the Service Provider, including print media, email, phone call or SMS.
2-10. The Customer should protect any third-party’s contact information acquired with the Service (e.g. mobile number required when authenticating) and tell the third-party how to use these information. And should get the third-party’s permission before sending commercial information to him/her.
3. Rights and Obligations of the Service Provider
3-1. The Service Provider shall provide access to the Service paid for by the Customer expressly for the use of the Customer, including maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet.
3-2. The Service Provider has the right to push latest version of software, configuration data to the Customer to keep the Service running normally if necessary.
3-3. The Service Provider makes reasonable efforts to maintain the Service, but configurations of the Service may be changed if necessary (e.g. System maintenance, network tuning) after the Customer is notified.
3-4. The Service Provider reserves the right to immediately and without prior notice terminate upon determining, at its sole discretion, that the Customer is in violation of terms described in 2-1 ~ 2-8.
3-5. The Service Provider shall bill the Customer for any applicable fees related to the Service requested by the Customer.
4. Content of the Service, fees and payments
4-1. Content of the Service and the amount of fees are described in the order information submitted by the Customer.
4-2. Payment method is specified by the Customer when submitting the order information, unless there is another agreement.
4-3. The Service Provider shall prepare the Service after receiving the fees paid for by the Customer.
5. Term of this Agreement
5-1. The Service will be terminated at the end of the present billing cycle if it is not extended.
5-2. If other services are needed during the Service term, related agreements should be accepted.
6. Termination of this Agreement and Violation
6-1. This agreement can be terminated with notification under conditions as follows:
6-1-1. Revoke of rights and obligations, e.g. bankrupt. But reform, name change or merging is exception
6-1-2. Violation of the Agreement
6-1-3. Force Majeure or both the Service Provider and the Customer agree to terminate this Agreement
6-1-4. Situation of laws, regulations.
6-2. If the Customer requests to terminate the Service before the end of the present billing cycle, the Customer should contact the Service Provider. But request of refund will be denied in this situation. The Customer is responsible for any results caused by terminating the Service without notifying the Service Provider.
6-3. After termination of the Service without term extending, both the Customer and the Service Provider agree to terminate this Agreement. Then, the Service Provider has the right to shutdown the Service.
6-4. When severe violation of this Agreement happens and thus Fulfilling this Agreement cannot be continued, either the Customer or the Service Provider who complies with this Agreement has the right to terminate this Agreement and/or request for compensation.
7. Disclaimer, Limitation of Liability, and Exclusion of Warranties
7-1. The Customer acknowledges that the Service Provider does not warrant, and is not responsible for any temporary interruptions or errors of the Service, delays, non-delivery of information, lack of access or slow response time caused by any maintenance or configuration proceeded by the Service Provider or problems of the Internet. The Customer acknowledges that the Service Provider is not responsible for any event caused by hackers, viruses, or other third parties.
7-2. The Service Provider is not responsible for any mistake or negligence of other third parties.
7-3. The Service Provider is not responsible for any loss of other third parties.
7-4. The aggregate amount of compensation due to the Service Provider’s mistake or negligence is limited to the amount of the relevant service paid for by the Customer during current billing cycle.
7-5. The Customer agrees that any problem caused by flaw, bugs or mistakes the Service Provider depends on is not quality problem of the Service (e.g. bugs of OS or software). Thus the Service Provider is not responsible for it.
7-6. The Customer acknowledges that it is not possible to make product of software with no flaw. Thus, the Customer understands and takes the risks of using the Service.
8. Dispute Resolution Policy
8-1. All disputes related to this Agreement should be resolved with negotiation on terms. Otherwise, both the Customer and the Service Provider agree to resolve it with legal procedures.
9. Force Majeure
9-1. Either party shall be excused from any delay or failure in performance under this Agreement which is caused by any unpredictable event, occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, governmental requirements, and system devices or network malfunction, system errors of data center, and so on.
9-2. Either party who suffered from those events described above, which results in any delay or failure in performance under this Agreement, shall:
9-2-1. take any possible action to reduce the loss of the other party
9-2-2. notify the other party of the event within 5 days after the event happens
9-2-3. provide proof to the other party within 30 days after the event happens
9-2-4. continue to fulfill this Agreement after the event ends, less there is no need or possibility to fulfill it any more.
10-1. Either party has the obligation to strictly keep the confidential information or business secret which is owned by the other party from any third party, unless there is another agreement or there is no conflict with current laws, regulations or governmental requirements.
11-1. If the Customer owns a chargeable/non-free hotspot built up with the Service and the user of the hotspot requests for a refund within the valid refund term, the Customer should agree to issue the refund after negotiation and agreement on the refunding is done. The refund will be issued if the Customer does not response to refunding within the valid refund term.
11-2. If the Customer uses a hotspot built up with the Service and the owner of the hotspot violates the agreements between the Customer and him/her, the Customer has the right to request for a refund within the valid refund term. If the request is agreed, the refund will be issued and transferred into the Customer’s account of Wiwiz Web Control Panel.
11-3. The Customer has the right to request for a refund in full for quality problems of the Service after the Service is delivered.
11-4. In principle, the Customer cannot request for a refund of unused balance added by the Customer in account of Wiwiz Web Control Panel.
11-5. Refund should be paid through the payment method that the Service Provider confirmed with the Customer. The Customer shall pay all third party fees for refunding if needed (e.g. Bank fee).
12-1. Once the laws, regulations, or the governmental requirements which this Agreement is governed by have changed, this Agreement should be changed correspondingly. If there is a severe situation that makes it impossible to continue to fulfill this Agreement, this Agreement can be changed or terminated after the agreement based on negotiation of the both parties.
12-2. The Customer acknowledges that the Service Provider transfers the rights and obligations to the entity who inherits those, if the entity of the Service Provider is transferred, reformed, or name changed. And all the rights of the Customer will not be affected in this case.
12-3. Either party shall fulfill this Agreement honestly. This Agreement can be terminated immediately if either party takes any illegal action. And the other party reserves the right to get compensation.
12-4. Submitted order information or each billing notification related to this Agreement is a part of this Agreement.
12-5. Any prior agreement between both parties which has conflict with this Agreement is invalid.