Wireless Broadband Internet Terms and Conditions of Service

BY USING THE INTERNET SERVICES (“Service(s)”), YOU REPRESENT THAT YOU (“you” or “Customer”) ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, YOU HAVE READ AND UNDERSTAND FULLY THIS AGREEMENT, AND AGREE TO BE BOUND BY THIS AGREEMENT.

VISION WIFI INC. (“Vision” or “Company”) RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS MODIFIED BY THE POSTED CHANGES.

Services

Vision will provide, on a commercially reasonable basis, internet connections between the Company’s devices (“Devices”) and the Company’s internet backbone, subject to the limitations set forth herein. Company is not responsible for download speeds from points anywhere further on the internet, as these are affected by several factors beyond Vision’s control.  For example, internet speed is a function of the traffic experienced upon the wider network architecture of the internet itself. Company does not guarantee the maximum Service performance levels (throughput speeds) but will make commercially reasonable efforts to ensure the highest possible quality of Service. Customer understands that any content that is accessed through the Service may be subject to “caching” at intermediate locations on the internet – which may impact the speed of the Services.

Notwithstanding the foregoing, Company reserves the right to interrupt your speed and/or connection for equipment upgrades and network maintenance. In the event the Company believes it cannot provide the agreed upon Services at the agreed upon speed, Company shall have the right to deem the Services unavailable to you, even after installation, and cease providing the Services.

Notwithstanding anything herein to the contrary, Company assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Services to you, for any reason, even where such unavailability occurs after installation of the Services.  Customer’s sole and exclusive remedy is set forth below.

Company Devices

To connect the Services, Company will provide certain Devices for use solely in conjunction with your Service.

Customer will not move the Devices, remove the Devices, or modify the Devices in any way. Customer shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without Company’s prior written consent. Company reserves the right to terminate Customer’s Service if Company believes, in its sole discretion, that the Device has been tampered with.  You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service in violation of this Agreement.

You shall notify us immediately if the Device is stolen or if you become aware at any time that the Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner.  

Your Equipment

You are responsible to make sure your computer system meets the current minimum system requirements stated by Company as being necessary to use the Services. From time to time, the computer equipment required to access and use the Services may change.  Lesser equipment may perform, but Company cannot ensure acceptable System use and speed.

Security

You can best control the risks associated with security, and are therefore solely responsible for maintaining such security. Company will not be responsible for any disruption of service, corrupted files or viruses which affect the user of the Services. It is Customer’s responsibility to safeguard their system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption.

Customer is responsible for upholding the non-transferability and account security of their service. The customer is entirely responsible for any actions, damages, or costs incurred by those using the Services under Customer’s account, regardless of who is using that account.

IP Addresses

Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution.  Customer understands that IP assignments are not guaranteed, and may be modified as required by Company and/or the American Registry for Internet Numbers (“ARIN”).

Throughput Volume

Vision WiFi does not limit throughput volume.

Compliance with Laws and this Agreement

You agree to comply with all applicable federal, state, or local laws, rules, and ordinances.  You also agree to comply with all terms of this Agreement, including without limitation, the Company’s Acceptable Use Policy located at www.visionwifi.com.

Company Compliance with Authorities, and Company Contacting Customer

Company may, in its sole discretion, cooperate fully with legal authorities’ requests. By providing Company with your telephone number, cell phone number(s), or email address, you give your consent for Company, or any of Company′s agents (including collection agents), to contact you at these numbers or email address, or any other phone number or email address that is later acquired for you, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this agreement. For greater efficiency, calls may be delivered by an auto-dialer.

Termination

Company may terminate this Agreement immediately and without notice for failure to comply with any term of this Agreement. 

If Your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs Company incurs to collect such amounts, including, without limitation, collection costs and attorneys’ fees.

Changes to Customer Charges

Customer acknowledges and agrees that Company has the right to change its Service charges and any other fees or charges at any time, upon notice to Customer. 

Third-Party Charges

Customer acknowledges that Customer may incur Customer-initiated charges while using the Services. For example, charges may be incurred as a result of Customer accessing certain information, or purchasing or subscribing to certain offerings, via the internet. Customer agrees that all such charges, including all applicable fees and taxes, shall be paid by Customer and are not the responsibility of Company.

Limited Warranty, Exclusive Remedy, and Limitation of Liability

Limited Warranty

COMPANY WARRANTS THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THE TERMS OF THIS AGREEMENT. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER CUSTOMER’S ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. COMPANY WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. COMPANY DOES NOT WARRANT, HOWEVER, THAT CUSTOMER’S USE OF ANY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.  IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE DEVICES OR SERVICES BY YOU DURING THE WARRANTY PERIOD, IF THE SERVICES OR DEVICES ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF YOU BREACH THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE VOID.

CUSTOMER ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES AND DEVICES TO ACHIEVE YOUR INTENDED PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE SERVICES AND DEVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  

Exclusive Remedy

COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT COMPANY’S SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR DEVICES.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER DAMAGE OR LOSSES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING OUT OF OR RELATED TO THE AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF YOU HAVE ADVISED THE COMPANY OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND COMPANY LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS.

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

Indemnity

You agree to defend, indemnify and hold Company its officers, managers, equity owners, directors, agents and employees harmless from any claims, losses and damages, including attorneys’ fees, resulting from your violation of any of the provisions of this Agreement.

Transferability and Assignment

You shall not sell, transfer or assign this Agreement. Customer’s account and right to use Company Services and system are not transferable without Company’s prior written consent. Customer agrees to protect its password and account and to keep them secure from unauthorized users and use, and to be solely responsible for the protection and security of Customer’s password and account information.

Notices

Customer may contact Vision WiFi as follows:

Phone: 208-680-9668 (call or text)
Email: service@visionwifi.com

Choice of Law and Arbitration

The laws of the State of Idaho, excluding its conflict laws of principles, shall govern the interpretation and construction of this Agreement.

In the event of any dispute or controversy arising directly or indirectly in connection with this Agreement, such controversy shall be settled by arbitration in Blackfoot, Idaho, in accordance with the rules of the American Arbitration Association. One arbitrator shall mutually selected by the parties, provided, however, that in the event that the parties are unable to agree on one arbitrator within thirty (30) days, then one arbitrator shall be named by Vision. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The costs of the arbitration shall be borne by the party or parties designated by the arbitrator; provided that each party shall bear the cost of their own attorneys’ fees and related expenses.

Information

You hereby acknowledge that Company and its affiliates and successors may retain and use any information about you or any comments or ideas conveyed by you relating to the Services.

Monitoring the Services

Company is under no obligation to monitor the Service, but Company may do so from time to time in its discretion. Without limiting any other right of Company under this Agreement (including the Acceptable Use Policy), Company may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Services in an efficient manner, or to otherwise protect Company’s property or legal interests. To protect its customers and its network Company may, without limitation, block and allow traffic types as we see fit at any time.

Force Majeure

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THIS AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF COMPANY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.

Entire Agreement and Severability

This Agreement (including the Service Agreement and the AUP) constitutes the entire agreement between Company and you pertaining to the subject matter hereof. Company’s failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right.

In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect.

Updated January 14, 2025