LLC ("Avant") operates a high-speed connection to the Internet
and makes its network and computer facilities available to Avant's
subscribers for personal, commercial and research uses. During normal
usage of network resources, subscribers may utilize portions of the
Internet that restrict commercial or other traffic as per its own
Acceptable Use Policies ("AUPs"). All Avant subscribers
must abide by all AUPs for any network that they traverse, and always
comply with local, state, federal, and international laws.
Terms and Conditions for Use of AvantWireless Broadband Internet Service:
1. Avant exercises no control over the content of the information
passing through its networks. Avant makes no warranties of any kind,
whether expressed or implied, as to the availability, accuracy, or
content of the information, products, or services it provides. Warranties
on equipment and/or software purchased from Avant are limited to the
written limited warranty that accompanies merchandise. All sales are
final with no returns on equipment and/or software other than required
by law. Avant, its affiliates, access providers, or contractors shall
not be liable for direct, indirect, incidental, special, punitive
or consequential damages that result in any way from customer's or
customer's authorized users' use of or inability to use the service
or to access the Internet or any part thereof, or customer's or customer's
authorized users' reliance on or use of information, services, communication,
or merchandise provided on or through the service, or that result
from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation , or transmission, or any failure of
performance. Use of any information obtained via Avant is at the user's
own risk. Avant specifically denies any responsibility for the accuracy
or quality of information obtained through its services.
2. Any liability of Avant, including without limitation liability
for damages caused or allegedly caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
of, or unauthorized access to, alteration of, or use of records, whether
for breach of contract, tortuous behavior, negligence, or any other
cause of action, shall be strictly limited to the amount paid by or
on behalf of the customer to Avant for the current month.
3. Avant's network and services may be used for lawful purposes only.
Transmission of any material in violation of federal, state, or foreign
regulation is prohibited.
understands that the Internet contains unedited materials including
sexually explicit material and other material that may offend some
people. Customer and customer's authorized users access such materials
at customer's own risk. Avant has no control over and accepts no responsibility
for such materials.
b. The service
is provided on an "as is" and "as available" basis
without warranties of any kind, either expressed or implied, including,
but not limited to: warranties of title; non-infringement or implied
warranties of merchantability; or fitness for a particular purpose.
No advice or information given by Avant, its affiliates, access provider
or its contractors or their respective employees shall create a warranty.
Neither Avant nor its affiliates or access providers warrant that
the service will be uninterrupted or error free or that any information,
software, or other material accessible on the service is free of viruses,
worms, Trojan horses or other harmful components.
c. If customer
is dissatisfied with the service or with Avant's terms, conditions,
rules, policies, guidelines, or practices in operating the service,
customer's sole and exclusive remedy is to terminate this Agreement
in accordance with Section 9 and discontinue using the service.
has no obligation to monitor the service. However, customer agrees
Avant has the right to monitor the service electronically and disclose
any information as necessary to satisfy any law, regulation or other
governmental request, to operate the service properly, or to protect
itself or its subscribers. Avant will not intentionally monitor or
disclose any private electronic-mail message unless required by law.
Avant reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this Agreement. Avant
also reserves the right to contact authorities regarding publicly
accessible material brought to its attention if it appears to be of
4. a. Subscriber shall insure that its users comply with the terms
and conditions of this agreement.
and its users shall not use or permit its end users to use the services
in ways that violate laws, infringe the rights of others, interfere
with other users of our service or other service networks. Subscriber
is responsible for the knowledge of and adherence to any and all laws,
statutes and regulations pertaining to, or in any way connected with,
the services provided by the Company and all use of any information,
data, material or service in violation of any such law, etc., is strictly
c. By posting
information in or otherwise using any communications service, chat
room, message board, news group, software library, or other interactive
service that may be available to you on or through this site, you
agree that you will not upload, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, software,
images, sounds, data, or other information -- that:
(1) Is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous, contains explicit
or graphic descriptions or accounts of sexual acts (including but
not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), or otherwise
violates Company's rules or policies;
harasses, degrades, or intimidates an individual, or group of individuals,
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or other information of any third party;
any person or entity, including any employee or representative of
You further agree that you will not knowingly solicit or collect personal
information from a minor without appropriate prior verifiable parental
consent. Company generally does not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message
boards, news groups, software libraries, or other interactive services
that may be available on or through this site. However, Company and
its agents have the right at their sole discretion to remove any content
that, in Company's judgment, does not comply with these rules or is
otherwise harmful, objectionable, or inaccurate. Company is not responsible
for any failure or delay in removing such content.
rights herein granted, cannot be transferred, assigned, shared, sold,
or used by anyone other than the Subscriber. The Subscriber on any
system account can use no more than one connection to the services
provided by Company, at any time.
and/or users shall not establish Internet servers of any kind, including
without limitation, Web, E-Mail, games, FTP, or the like, without
prior written authorization and pricing agreement from the Company.
5. Avant may deny customer access to all or part of the service without
notice if customer engages in any conduct or activities that Avant,
at its sole discretion, believes violates any of the terms and conditions
in this Agreement. If Avant denies customer access to the service
because of such a violation, neither customer or customer's authorized
users shall have any right to; (a) access through Avant any materials
stored on the Internet, (b) obtain any credit(s) otherwise due to
customer, and such credit(s) will be forfeited, (c) access third party
services, merchandise or information on the Internet through Avant,
and Avant shall have no responsibility to notify any third-party providers
of services, merchandise or information nor any responsibility for
any consequences resulting from lack of notification.
6. When accessing other networks connected to Avant's systems or networks,
customer must comply with those network’s AUPs.
7. Resale of Avant's networks and/or services is strictly forbidden
under all circumstances without a prior written agreement between
Avant and Customer concerning resale of Avant's services.
8. The Terms and Conditions of this Acceptable Use Policy supersede
all previous representations, understandings, or agreements, and shall
prevail notwithstanding any variance with terms and conditions of
any other submittal. Use of Avant's services, networks, and systems
constitutes acceptance of these Terms and Conditions.
9. Commercial postings to non-commercial newsgroups or listservs,
or postings which are directed to either inappropriate, unrelated,
or more than 10 groups or listservs are prohibited. "avantwireless.com"
groups or listservs, if any, do not allow postings, or references,
to other service providers.
10. Payments for Avant services must be made in advance via a pre-arranged
monthly credit card payment, auto debit from checking account, or
by cash or check. Depending on the payment option, customers will
be billed via credit card, auto debit from checking account, or invoiced
directly by Avant. Access to the account may be restricted if credit
card processing fails due to insufficient credit, unreported replacement
numbers, or unreported expiration extensions. The customer agrees
to pay invoices immediately upon receipt and until the account is
cancelled by signed notification. Refunds will not be issued for partial
months of remaining service. Any future months of paid service fees
will be refunded to the customer upon receipt of cancellation notification,
and the user account will be closed at the end of the current month.
These charges will be processed once per month on a regular schedule.
Accounts that remain unpaid after the invoice due date may have their
service interrupted. Such interruption will not relieve the customer
from the obligation to pay the monthly account charge. An account
re-activation fee of $35.00 may be charged to reestablish service.
If customer pays by auto debit or check and it is returned unpaid,
the account will be immediately suspended in default, and the check
will be subject to a returned check fee of $25.00. If customer defaults
on payments due Avant, customer agrees to pay Avant reasonable collection
expenses, including attorney and collection agency fees.
11. Customer agrees to defend, indemnify and hold Avant and its access
providers and affiliates harmless from any and all liabilities, costs
and expenses, including reasonable attorney fees, related to or arising
from: (a) any violation of this Agreement by customer, or customers'
authorized users; (b) the use of the service or the Internet or the
placement or transmission of any message, information, software or
other materials on the Internet by customer or customer's authorized
users; and (c) negligent acts or omissions of customer's officers,
employees, agents or contractors in connection with the construction,
installation, maintenance, presence, use or removal of systems, channels
or terminal equipment or software not provided by Avant which are
connected, or are to be connected, to the service.
12. Avant's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between parties
nor trade practice shall act to modify any provision of this Agreement.
Avant reserves the right to modify, change and reformat this document
as it deems necessary without permission or consent of its network
users. Copies of the AUP will remain available via the Avant Home
Page. Avant further reserves the right to modify any terms or pricing
of services offered. Such changes will either be detailed within the
AUP, provided in the form of an email to all users, or an announcement
on Avant's homepage, reachable at http://www.avantwireless.com . The
sole remedy of any customer who does not agree to these changes is
entitled a refund of any unused months of prepaid service, plus a
pro-rata refund of any remaining portion of the month in which the
changes were announced.
13. Other use of Avant's service networks, equipment and/or lines
is considered fraudulent, and a charge equal to an account's monthly
fee may be charged for violations.
14. Using or traversing Avant's networks constitutes full agreement
and understanding of this AUP and/or any future AUP modifications.
Using Avant Wireless LLC for access to the Internet indicates that
you have read and agree to this Acceptable Use Policy, and agree to
abide by the terms and conditions stated herein.
Last Updated: December 6, 2009 RA
AvantWireless, LLC . All rights reserved.