INTERNET SERVICE AGREEMENT

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. INTRODUCTION.

Innflux Wireless Solutions, LLC (hereinafter "Innflux") provides its Internet services, as they may exist from time to time ("Services"), to users who may or may not pay a service fee to subscribe to the Services ("Members"). In some cases, these fees are paid for by someone other than the member with the permission of Innflux.  By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy (see below) and other policies.

 If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

Members must be at least 18 years old.  Current prices for Innflux' Services are available on the subscription page at a Member's location. Innflux reserves the right to change prices and institute new fees at any time without prior notice.

 3. PAYMENT OBLIGATIONS OF A MEMBER.

 (a)      Members must, if and when they are prompted, (i) provide Innflux with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Innflux all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

 (b)      Members having questions regarding charges to an account should contact Innflux at info@Innfluxwireless.com   or (312) 850-3399. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old

 (c)      Charges are billed to Members' credit cards or debit cards, as applicable, before each month for the basic service and any additional usage or services from the prior month. Innflux is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Innflux and will impose a $20 penalty for any such occurrences.

(d)      When you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(e)      If you purchase Services through a reseller who in turns pays Innflux, the reseller must pay all amounts owing for your account. If the reseller fails to pay Innflux any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.  You agree that you are responsible for payment if reseller fails to remit payment for your account.

(f)        Delinquent accounts may be suspended or canceled at Innflux' sole discretion; however, charges will continue to accrue until the account is canceled. Innflux may bill an additional charge to reinstate a suspended account.

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.

Innflux will issue you an account number or Login ID and temporary password for roaming services within our public wireless internet footprint.  Innflux will do its best to maintain the security of the network, but will not impose security measures which will adversely affect the service itself when possible YOU ARE USING THIS SERVICE AT YOUR OWN RISK. You may not hold Innflux Wireless Solutions, LLC or the owner of the location at which you are using the services liable whatsoever for any security issues which may arise.

 5. MONITORING THE SERVICES.

 Innflux has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Innflux, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy below. Innflux may immediately remove your material or information from Innflux' servers, in whole or in part, which Innflux, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

 6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

  EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Innflux, Innflux DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Innflux HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Innflux DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Innflux MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Innflux OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Innflux OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Innflux AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Innflux' CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE PREVIOUS ONE YEAR PERIOD.

 7. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain "Innfluxwireless.com", or any other site (i.e."innflux.com", "Innfluxnetworks.com", "wiflux.com", "Innfluxwifi.com", "guest-link.com", "Innfluxnetworks.com", "wifi-ware.com") operated by Innflux (the "Web site"), is a complimentary information service offered by Innflux at no charge to users.

 We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "Innfluxwireless.com," "innflux.com", "Innfluxnetworks.com", "wiflux.com", "Innfluxwifi.com", "guest-link.com", "Innfluxnetworks.com", or "wifi-ware.com" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Innflux of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

 You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Innflux", (b) the link must "point" to the URL " http://www.Innfluxwireless.com ," "innflux.com", "Innfluxnetworks.com", "wiflux.com", "Innfluxwifi.com", "guest-link.com", "Innfluxnetworks.com", or "wifi-ware.com" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Innflux, (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Innflux may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Innflux.

 Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Innflux. Innflux assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Innflux harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Innflux from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Innflux will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

 Your posting of material on the Web site or providing material to Innflux to use on the Web site will be deemed to be a grant by you to Innflux of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

 8. TERM OF AGREEMENT.

 Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.  It will be at the sole discretion of Innflux to allow term-contract Members to break their contract without charge. 

 9. TERMINATION.

 You may terminate your account at any time and for any reason by allowing your subscription to expire or by providing notice of intent to terminate to Innflux by:

•  registered or certified mail, return receipt requested addressed to Innflux Inc., 901 W. Jackson #202, Chicago , IL 60607

Email termination of your basic Internet access account will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from Innflux. Charges to your account will stop accruing the day Innflux provides you with a cancellation confirmation number. You will not be entitled to either all or a portion of the prepaid monthly fee for the month of termination.  Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation.

 Without prior notice, Innflux may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Innflux, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Innflux may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

 Sections 3, 4, 6, 10, and 11 of this Agreement shall survive termination of this Agreement.

  10. ASSIGNMENT.

  This agreement is assignable or transferable by Innflux at its sole discretion.

 11. JURISDICTION.

 This Agreement is governed by Illinois law without regard to conflict of law provisions.

The federal and state courts located in Illinois alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Illinois with respect to such matters or otherwise between you and Innflux, and waive your rights to removal or consent to removal.

 12. MISCELLANEOUS.

 This Agreement, the Acceptable Use Policy, the Privacy Policy, and Innflux' other user policies posted on Innflux' Web site constitute the entire agreement between you and Innflux with respect to your use of the Services.

Innflux may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Innflux' Web site ( http://www.Innfluxwireless.com ) and/or by email and/or in our various publications and mailings to Members.

 

ACCEPTABLE USE POLICY

1. INTRODUCTION

 This Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Innflux' Internet services (the "Services"), as well as those who pay a monthly service fee to subscribe to the Services ("Members"), must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. Innflux may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Innflux account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

 2. VIOLATIONS OF AUP

 The following constitute violations of this AUP:

 a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

 b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.

 c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

 d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

 e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

 f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

 g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

 h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Innflux' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

 i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

 j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

 k. Reselling the services. Reselling the Services is expressly prohibited without Innflux' express written authorization.

 l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Innflux Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

 m. News. Innflux Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.

 3. REPORTING VIOLATIONS OF AUP

 Innflux requests that anyone who believes that there is a violation of this AUP must direct the information to Innflux at info@Innfluxwireless.com or call (312) 850-3399

 If available, please provide the following information:

 Innflux may take, but is not limited to, any one or more of the following actions in response to complaints:

 4. REVISIONS TO THIS AUP

 Innflux reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.

 

Privacy Policy

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools, and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how Innflux collects information from all end users of Innflux' Internet services (the "Services") as well as those who pay a monthly service fee to subscribe to the Service ("Members")—what we do with the information we collect, and the choices Members have concerning the collection and use of such information. Innflux requests that you read this Privacy Policy carefully.

Personal Information Innflux Collects and How It Is Used

Introduction

Innflux collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

 Registration

Members are asked to provide certain personal information when they sign up for our Services including, but not limited to name, address, telephone number, billing information (such as a credit card number), valid email address, and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Innflux and a partner jointly promote the Services, Innflux may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Innflux may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

 Online Shopping

At some Web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number. Innflux has no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so.

 Online Advertisements

Innflux displays our online advertisements. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. Innflux does not share personal information about its Members with these advertisers.

 Responses to Email Inquiries

When Visitors or Members send email inquiries to Innflux, the return email address is used to answer the email inquiry we receive. Innflux does not use the return email address for any other purpose and does not share the return email address with any third party.

 Voluntary Customer Surveys

We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary.

We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Innflux customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

 Special Cases

It is Innflux' policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Innflux may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Innflux and our Members.

 Innflux' Commitment to Children's Privacy

Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws.

Innflux recommends that children ask a parent for permission before sending personal information to Innflux, or to anyone else online.

 Public Forums

Please remember that any information you may disclose in public areas of the Internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

 Innflux' Commitment to Data Security

Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.  Innflux will not held liable for any such instances.

 How to Access or Modify Your Information

Innflux offers Members the opportunity to access or modify information provided during registration. To access or modify such information, email info@Innfluxwireless.com or call (312)850-3399

 Where to Direct Questions About Innflux' Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

Innflux Wireless Solutions, LLC
850 W Jackson #250
Chicago, IL 60607
info@Innfluxwireless.com

Revisions to This Policy

Innflux reserves the right to revise, amend, or modify this policy, our Internet Service agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service agreement.