These Terms and Conditions (“T&Cs”) are a legally binding agreement between you and SkyNow.net, a division of Novak Networx LLC a Wisconsin based company, including its affiliates, assignees, and agents (“SkyNow.net”). Please read these T&Cs carefully. They cover important information about the SkyNow.net mobile internet, security and support services provided to you (the “Service”); your device, SIM card, data card, or other equipment or third party device which may be leased for use with our Service (the “Devices”); and the fees, taxes, and other charges you pay us (“Charges”). These T&Cs include, among other provisions, fees for late payments, limitations of liability, agreements regarding privacy, and resolution of disputes by arbitration instead of in court.
SkyNow.net reserves the right to change or modify any of these T&Cs at any time and in its sole discretion. SkyNow.net will provide 14 days notice of any material changes by posting the revised T&Cs on our website, and will also attempt to provide direct notice to you by email. SkyNow.net affiliate members are subject to additional terms as provided on the SkyNow.net affiliate pages. These T&Cs do not alter the terms of the Affiliate Member Agreement, or any other agreement the user may have with SkyNow.net.
You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new or revised T&Cs. You must provide accurate and truthful information when setting up an account, maintain security of the account and password, and you agree to notify SkyNow.net of any security breaches associated with your account. You agree to take responsibility for all activities that occur under this account.
1. Acceptance. Your Agreement with SkyNow.net starts when you accept. You represent that you are at least 18 years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, clicking the acceptance box during the online enrollment process or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service; (e) opening the box or package of a Device or sim card leased from SkyNow.net or any of its 3rd party partners or vendors (“SkyNow.net Device”) ; or (f) failing to activate Service within 30 days after the initial purchase (a purchase of a SkyNow.net Device, unless returned within the Cancellation Period (as defined in Section 5)). IF YOU DO NOT WANT TO ACCEPT, THEN DO NOT DO ANY OF THESE THINGS AND IMMEDIATELY DISCONTINUE USE OF THE SERVICE.
2. SkyNow.net Service. The Service includes wireless mobile internet service in the United States (including Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands). This means the following: no additional charges regardless of the amount of data used within the United States. The Service may be offered at differing prices under different Service Plans, depending on the data speed you desire and other factors. Rate of speeds will reduce when the amount of data used exceeds the amount allotted under your Service Plan. Speeds reduce to a 2G data experience in these situations. In addition, when roaming domestically, speeds are usually limited to up to 2G speeds (approximately 128 Kbps). Data usage is reset monthly on varied dates and does not necessarily match the monthly billing date for that line. To know when this date is for your line, contact SkyNow.net by email, phone or chat.
3. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree that we are not liable for problems relating to Service availability or quality.
4. Monthly Fees and Payment. SkyNow.net provides the Service for a flat fee on a monthly, pay-in-advance basis under various Service Plans. Service begins when you pay the monthly payment for the first month of Service, which includes the SkyNow.net Mobile Service Fee and the taxes and other assessments described in Section 6. Subsequent monthly payments are due by your monthly payment date, which occurs on each monthly anniversary of the date on which the first monthly payment is made. If you fail to make your monthly payment when it is due, your Service will be suspended until the payment is received. If you fail to make your monthly payment within 5 days after it is due, your Service will be terminated and your phone number will be lost. Fees are not refunded or prorated if Service is terminated before your next payment date. If your Service is terminated, your account will be cancelled and you will lose your SkyNow.net mobile phone number. You will be required to re-enroll as a new customer in order to resume Service. If your Service is suspended for non-payment your monthly payment date will not change (for example, if your original billing cycle started on the 1st and you reactivate Service on the 15th day of the month your billing cycle will remain on the 1st). In the event that your Account is terminated, you will be required to sign up as a new customer and we may not be able to offer you your existing number. You may change your payment method or other payment options by clicking “Edit Billing Preferences” when you log in to your SkyNow.net portal. Usage details for each line is available upon request.
5. Cancellation and Returns. Cancellation of Service: You can cancel a new line of Service WITHIN TEN DAYS of activation, or 30 days in California (the “Cancellation Period”). A partial, prorated refund will only be issued upon request, for lines cancelled within the Cancellation Period. One-Time Setup Fee Refunds and Restocking Fees: To return any SkyNow.net Device you acquired at the time of enrollment, you must return the device in its package with all original contents, undamaged and in good working condition with no material alterations to the device’s hardware or software. If you return your device in a damaged, altered or destroyed condition, we may decline to accept the return of the device or charge you the cost of repairing the device, plus any shipping and handling charges.
6. Taxes, Fees, and Surcharges. You agree to pay all taxes, fees and surcharges (the “Fees”) imposed by governments or governmental entities on you or us as a result of our providing the Service to you. We may not give advance notice of changes in Fees. To determine Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, you may be assigned a default location for tax purposes. Any dispute of the jurisdiction assigned must be submitted within 60 days of the billing in which the Fees were assessed. Fees include (a) Government Taxes & Fees.These Fees are typically imposed by jurisdictions directly on you, the user of the telecommunication services. Such Fees include, but are not limited to, sales tax; and (b) Other Surcharges. These surcharges include, but are not limited to, taxes that SkyNow.net to provide the Service but are not government taxes or fees imposed directly on our customers that we must collect by law. Examples include, but are not limited to, federal or state Universal Service fees, regulatory fees, excise taxes and gross receipts taxes. These surcharges will apply whether or not you directly benefit from the programs, activities or services included in the surcharge. The components and amounts of the Fees are subject to change without notice.
7. Unpaid Charges. If we do not receive payment in full for SkyNow.net Service, or for any other amount owed to us by you (for example, in the case of a credit card chargeback in which a charge is disputed after you have received a SkyNow.net Device from us), you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5 per month, subject to the maximum allowed by law. We may use all lawful means to collect the amount owed and seek the return of any Device or service for which payment has not been received. If you fail to pay fees or any other amounts owed to SkyNow.net under this agreement and SkyNow.net refers your accounts(s) to a third party for collection, then SkyNow.net will also charge you a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18%, to cover SkyNow.net’s collection-related costs. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If any payment is dishonored or returned for any reason, we may charge you the maximum amount allowed under applicable law.
8. Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding amounts owed to us within 60 days after the date you first incur the disputed amount. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed amount, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 26. To contact or notify us, see Section 15.
Credit Card Chargebacks
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.
9. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. AS PROVIDED ABOVE, WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME.
10. International Long-Distance Calls. Although SkyNow.net attempts to block all long distance calling, certain territories cannot be blocked and you are therefore fully responsible for any charges that are incurred, plus 5% taxes and fees. SkyNow.net reserves the right to pursue as well as bill the credit card you have on file.
11. Your Leased Phone Number, Device, and Compatibility with Other Networks. You will acquire no ownership rights in any number assigned to your leased device. The wireless telecommunications networks used to provide the Service (the “SkyNow.net Network”) are owned and operated by other licensed entities, not SkyNow.net. Your leased SkyNow.net Devices may not be compatible with the network and services provided by another service provider. Devices not leased through SkyNow.net or its affiliates (“Non-SkyNow.net Devices”) must be pre-approved by us and certified as compatible with the SkyNow.net Network prior to use with the Services. A SkyNow.net Device is approved by SkyNow.net only for use with SkyNow.net Service.
Network. At times we may remotely change software, systems, applications, features or programming on your Device without notice to address security, safety or other issues that impact the SkyNow.net network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes even for emergencies.
12. Roaming. Your Device may connect to another provider’s network (“Off-Net”) even when you are within the SkyNow.net coverage area. You must use your Device predominantly within the SkyNow.net Network coverage area. If your Off-Net usage exceeds an acceptable level, it may be necessary to terminate your service. We may terminate your Service in our discretion and without prior notice if you no longer reside in a SkyNow.net Network coverage area, if your Off-Net usage makes it uneconomical for SkyNow.net to provide Service to you, or if required under SkyNow.net’s arrangements with its service providers. For data use while roaming, the limit is 50MB.
13. Important Emergency and 9-1-1 Information. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. SkyNow.net is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, or our wireless network. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and SkyNow.net does not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented.
You may contact our Member Support department by emailing [email protected], or by calling (608-352-4060). Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.
16. Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will still be responsible for additional monthly payments. If you request that we not suspend your Service, you will remain responsible for payments for all services used from your account. We may prevent a lost or stolen Device from registering on any network
17. Misuse of Service or Device – Your Representation. By activating or renewing Service with SkyNow.net, you agree that you do so because you want Service from SkyNow.net and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person, or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your SkyNow.net Device; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling SkyNow.net Devices for profit, except as expressly authorized under, and in the context of, a duly executed Agreement between you and SkyNow.net, or tampering with, reprogramming or altering SkyNow.net Devices for the purpose of reselling the Service; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) any activity that SkyNow.net deems may harm the Network in any way; (i) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, SkyNow.net’s or another entity’s network or systems; (j) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g. using the Service for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (k) using your Device as a modem, to establish an internet connection on behalf of other networks or hardware outside of the included SkyNow.net application on supported devices; or (l) assisting or facilitating anyone else in any of the above activities. Furthermore, SkyNow.net may limit or terminate your line of Service in SkyNow.net’s discretion if (a) more than 50% of your usage is Roaming outside of the United States for any three billing cycles within any twelve (12) month period; (b) your Roaming usage makes it uneconomical for SkyNow.net to provide Service to you; or (c) SkyNow.net’s agreement with a Roaming provider is modified or terminated. Unless authorized by SkyNow.net, you agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms SkyNow.net, and cannot be fully redressed by money damages, and that if such a violation occurs SkyNow.net shall be entitled to immediate injunctive relief in addition to all other remedies available. SIM Cards: You agree to safeguard your SIM card and not allow any unauthorized person to use your SIM card. You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer, or otherwise circumvent, clone, or reproduce the encoded information stored on, or the encryption tools of, your SIM card in any shape or fashion, or through any third party. Any usage contrary to this paragraph may result in immediate Service termination.
18. SkyNow.net Network Agreement – You have no contractual relationship with SkyNow.net’s carrier partners and you are not a third-party beneficiary of any agreement between SkyNow.net and its partner companies. You understand and agree that partner carriers or SkyNow.net will have no legal, equitable or other liability of any kind to you. Subject to FCC Number portability rules, you have no property or other rights in any Number assigned to you and you understand that any such Number can be changed from time to time. You acknowledge that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. You agree that partner carriers or SkyNow.net will not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Authorized Areas. You understand that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service. You expressly understand and agree that the liability and obligations of SkyNow.net to you under the T&Cs may be strictly controlled and limited by its partner carriers’ tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of partner carriers, SkyNow.net, and/or any supplier of services to SkyNow.net arising in any way in connection with the T&Cs, for any cause whatsoever, including but not limited to any failure or disruption of service provided, will be limited to payment by SkyNow.net of damages in an amount equal to the amount charged to you for the Service provided under this agreement. In no event will SkyNow.net and/or its partner carriers be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages. In no event will SkyNow.net and/or its partner carriers be liable for the failure or incompatibility of Equipment utilized by you in connection with the Service. You will use Equipment at its own risk. You will indemnify, defend and hold SkyNow.net, its partner carriers and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the T&Cs; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision will survive the termination of the T&Cs. You acknowledges that the T&Cs is assignable by SkyNow.net. Service may be temporarily suspended or permanently terminated without notice in the event that SkyNow.net’s agreement with its partner carriers is terminated or in the event the you violate the Acceptable Use Policy or other Network rules and policies. You waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.
19. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR THESE T&CS WITHOUT NOTICE FOR ANY REASON, including without limitation, if you, any user of your Device, or any user on your account: (a) breaches the T&Cs; (b) provides inaccurate information or information we cannot verify; (c) lives in an area where we don’t provide Service or your Off-Net usage makes it uneconomical for SkyNow.net to provide Service to you (see Section 12); (d) transfers Service to another person without our consent; (e) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (f) misuses your Service or Device as described in Section 17; (g) causes SkyNow.net to breach an agreement with any wireless carrier or to incur any material added expense; or (h) use(s) your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us. We may impose usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as access to an international long-distance provider), in our or partner carrier’s sole discretion and without notice. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a fee. If your Service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation upon re-enrollment.
20. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of SkyNow.net or any third party. Except for a limited license to use the Services and except as expressly authorized under a duly executed Social Member Agreement between you and SkyNow.net, your purchase of Services and Devices does not grant you any license to copy, distribute, modify, reverse engineer, download, redistribute, or resell the intellectual property of SkyNow.net or others related to the Services and Devices; this intellectual property may be used only with the Service unless expressly authorized by SkyNow.net. You agree that a violation of this section harms SkyNow.net, and cannot be fully redressed by money damages, and that if such a violation occurs SkyNow.net shall be entitled to immediate injunctive relief in addition to all other remedies available.
21. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that material available through our Services or Devices infringes your copyright, notify us as provided in Section 15. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
23. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A SKYNOW.NET DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMER, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
24. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION SPECIFICALLY INCLUDES LACK OF RECOVERY FOR LOSS OF ANTICIPATED BENEFITS OR MONEY, LOSS OF DATA, ANY DOWNTIME LOSS, OR ANY OTHER SIMILAR DAMAGES YOU MAY SUFFER TO YOURSELF OR YOUR PROPERTY. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, OR FOR PROBLEMS CAUSED BY SKYNOW.NET’S SERVICE, DEVICE, OR ANY OTHER ASPECT OF ITS BUSINESS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITS ON LIABILITY SO THESE LIMITS MAY NOT APPLY TO YOU.
25. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or Devices, breach of the T&Cs and all representations and warranties herein, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
26. Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE T&CS, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our affiliates) whenever you also assert claims against us in the same proceeding. We each also agree that the T&Cs affect interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT.
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending us a written description of your claim as provided in Section 15 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to pay amounts due on a timely basis, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent as provided in Section 15 to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. All fees and expenses of arbitration will be divided between you and SkyNow.net in accordance with the AAA Rules, except that SkyNow.net will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. Except as otherwise provided in these T&Cs, an arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law any claims for punitive or exemplary damages. Unless SkyNow.net and you agree otherwise, the location of any arbitration shall be Wisconsin. Except where prohibited by law, SkyNow.net and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor SkyNow.net shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
27. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 26, if any part of the Agreement is held invalid that part may be severed from the Agreement. You may not assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives, SkyNow.net Members, partner carriers, or other parties. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; SkyNow.net is not a party to that agreement. The original version of these T&Cs is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to these T&Cs, shall be in our sole reasonable discretion. The following paragraphs continue after termination of our T&Cs with you: 2, 4, 5, 6, 7, 8, 12, 14, 15, 16, 17, 18, 20, 22, 23, 24, 25, 26, 27 and 28.
28. Choice of Law. These T&Cs are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in Milwaukee County, Wisconsin. If any provision of the T&Cs is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
Your card on file will automatically be charged for usage of services that are not included in your plan, including, but not limited to, the following: 1) Calls to the Virgin Islands, or any international destination with a +1 prefix, other than Canada (approx. $3.00/min, plus 5% covering taxes and fees, should you not have the Stateside International Calling plan). 2) Calls from Canada to Mexico, or vice versa (approx. $3.00/min, plus 5% covering taxes and fees, should you not have the Stateside International Calling plan). 3) Calls to 411 ($1.99/call. plus 5% covering taxes and fees). 4) International voice roaming, including using voicemail while international ($0.35/minute) 5) Calling any out-of-plan phone numbers, services like chat lines, conference calls, and radio broadcast lines ($0.01/minute, plus 5% covering taxes and fees) 6) Downloading apps and usage of services (such as name ID or Rhapsody). 7) Talk, text, or data usage while on a cruise or ferry (rates vary by cruise and destination, plus 5% covering taxes and fees).
Additional charges apply in excluded destinations; included destinations subject to change. Taxes additional; usage taxed in some countries. Voice and text features for direct communications between 2 people. Communications with premium-rate (e.g., 900, entertainment, high-rate helpline) numbers not included and may incur additional charges. Calls over cellular while roaming outside of the USA will be charged at $0.35 per minute (no charge for Wi-Fi calls to U.S.) Coverage not available in some areas; we are not responsible for the performance of roaming partners’ networks. Standard speeds approx. 128 Kbps. No tethering.
SkyNow.net has instituted a comprehensive set of privacy policies and procedures to ensure that its customers and website visitors’ privacy is never compromised. The purpose of this privacy notice is to inform our customers and website visitors of the type of information that SkyNow.net, or a credit card processing partner or other vendor acting on our behalf, collects, how the information is gathered, how it is utilized, how long it is retained and how customers and visitors can restrict its use or disclosure.
The collection of customer identifiable information is a critical element in SkyNow.net’s day-to-day operations in order to conduct business and offer services and to maintain the highest level of customer service for all customers and website visitors.
SkyNow.net endeavors to safeguard the customer identifiable information obtained from its website users and visitors (collectively, “customers”) from any unauthorized intrusions.
We collect personal and non-personal information from customers based upon our business relationship and the nature of the products and services we provide. The types of information we may collect include account information (such as your name, address, home or alternate telephone number), certain financial information relating to any products and/or services that you purchase directly from us (including credit card information, security code and billing address), telephone numbers you call and that have called you and your service history, amongst other information. We also collect and maintain technical information about the equipment you use with our service including serial numbers, SIM card numbers, etc.
In some instances, SkyNow.net may collect information that is not “customer identifiable information.” Some examples of this type of information include the type of Internet browser you are using, the type of operating system you have configured on your computer, and the domain name of the website and/or Internet Service Provider from which you are linked to our website. SkyNow.net primarily uses this information for market research and optimizing its systems in order to deliver the best customer experience possible.
SkyNow.net may, however, use and/or disclose customer identifiable information to a third party:
• to investigate and help prevent potential fraud, other unlawful activity or activity that threatens the network;
• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• to any other third party with your prior consent to do so;
• if SkyNow.net is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
We will retain your information only as long as needed for business, tax and/or legal purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We will destroy your information once it is no longer needed.
Declining e-mail offers
SkyNow.net will only send our customers e-mails regarding promotional offers or other news if a customer grants us permission to do so and provides an email address. A customer has the right to choose not to receive SkyNow.net e-mail direct marketing communications by opting-out or unsubscribing. A customer can opt-out or unsubscribe from our e-mail list by clicking on the unsubscribe link found at the bottom of every message or promotion delivered electronically to our customers. Upon such election, SkyNow.net (a) will not contact that customer directly with SkyNow.net promotional messages, and (b) will not use customer identifiable information obtained from that customer’s registration to contact that customer with SkyNow.net product or service messages.
SkyNow.net has gone to great lengths to implement technology and security features to safeguard the privacy of your customer identifiable information from unauthorized access or improper use. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). SkyNow.net, based on its judgment, will continue to enhance its security procedures as new technology becomes readily available. However, since there is no such thing as “perfect Internet security,” SkyNow.net cannot guarantee 100% security. If you have any questions about security on our website, you can contact us at [email protected]
E-mail and Text Message Content
SkyNow.net does not have access to private e-mail communications and text messages that are transmitted using SkyNow.net services.
Third Party Advertising Companies
We collect information about your activity on SkyNow.net websites for a number of purposes using technologies such as cookies, web beacons, widgets and server log files. We and our authorized SkyNow.net advertising partners use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites. We use third-party advertising companies to serve ads on our behalf. These companies employ cookies and action tags to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by sending an email to [email protected] and requesting to opt out. To opt out of all IMM cookies, please send an email to [email protected] requesting to opt out. Please note that by “opting out” you will no longer receive targeted advertising. You will, however, continue to receive general advertising in the form of generic ads.
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You should not provide personally identifiable information in any publicly accessible blog or community forum.
Refer A Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address and automatically generate a one-time email to send your friend inviting him or her to visit the site. SkyNow.net does not store your friend’s information.
Social Media Features
Occasionally, we may conduct surveys on our website. Surveys are conducted at random and are completely voluntary to our website visitors. The survey may require a customer to provide customer identifiable information in exchange for the information or services provided by the survey. We may use this information in an aggregate manner to better tailor the types of services, information, and advertising that are provided on our website.
SkyNow.net websites are not structured to attract children under the age of 13. SkyNow.net believes there is no information on its website which is inappropriate or objectionable for viewing by children. SkyNow.net does not knowingly, directly or passively collect information from children under the age of 13. Ordering online products and services from SkyNow.net is limited to adults (ages 18+). Of course, wireless devices and services purchased for family use may be used by minors without the knowledge of SkyNow.net. If that happens, any information collected from the usage will appear to be the personal information of the actual adult subscriber and treated as such under this Policy.