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AIM
CONSULTING and AIMNET SMART BUILDING SYSTEMS
Services
Agreement / Terms and Conditions for Cellular Booster
Services
Date of last
update: January 2 2007
These terms and conditions are incorporated into, and a part
of, the AIMNET Smart Building Systems Service Agreement (the
"Agreement") entered into by you ("Customer", "You", or "User(s)",)
for You and others that make use of your Cellular Booster
device. AIM CONSULTING for AIMNET Smart Building Services
and You are the Parties to the Agreement, and are subject to
these Terms and Conditions. AIM CONSULTING owns and
maintains cellular systems, computer systems, firewalls,
routers and other network devices (the "AIMNET Smart
Building System"), which it makes available for use by
owners, managers, employees, occupants, service providers
and visitors of AIMNET Smart Building’s.
Herein and after the term “AIMNET” represents AIMNET
Smart Building Systems, and the “Cellular Boosting” options
and Services, and other AIMNET Smart Building Services and
including AIM Consulting as the owner / manager of AIMNET
Smart Building Systems. The term “AIM” represents AIM
Consulting, LLC a Connecticut based company who owns,
installs and manages AIMNET and AIMNET Smart Building
services. The term “Cellular Boosting” represents
your ability to connect to your cellular service provider,
to whom you pay a separate fee for access, by the use a
boosted cellular signal that is supplied by our equipment.
1. Acceptance of this Agreement.
By signing the Agreement, or, by clicking "I Accept Terms" at the
end of the electronic version of the Agreement, or by
utilizing any service of AIMNET, including the
cellular phone signal boosting service. You acknowledge that
You have read and understand this Agreement and You accept
the Agreement (together with all of the policies attached
hereto) and agree to abide by its terms and conditions as
they may be amended by AIM from time to time, in its sole
discretion. If You do not accept the Agreement, You may not
and should not utilize AIMNET! Please take the time
to read the Agreement carefully.
The terms and conditions of the Agreement may be amended by
AIM from time to time, in its sole discretion, by posting
such changes at
http://www.aimsmartbuilidng.com
(the "AIMNET Smart Building Internet Site"). Use of AIMNET
by You after a change to these terms and conditions has been
so posted and noticed by AIMNET shall constitute acceptance
by You of such changed terms. If You do not wish to accept
such changes, your sole and exclusive remedy is to refrain
from using AIMNET that AIM is providing to You under this
Agreement.
2. AIMNET Installation and Access.
(a) AIMNET. Subject to and in accordance with the
terms and conditions of the Agreement, AIMNET will provide
You “Cellular Boosting” services. The Cellular Booster
equipment and devices are owned and maintained by AIM.
AIMNET may offer multiple AIMNET Service products that
consist of varying features and restrictions, including but
not limited to different speeds or traffic consumption
allowances. Product features and restrictions are subject to
change at any time, with or without notice to You, at AIM ’s
sole discretion.
(b) Access. You agree that AIM and AIMNET is not
liable for dropped connections or other communications that
may be lost on your Cellular device and system during the
access process, and You agree to hold AIM Consulting and
AIMNET harmless in the event that any connection or other
communication is lost, and or if you are unable to make a
connection to the service.
(c) Traffic Consumption Allowances. AIM,
AIMNET - has the right to monitor measure and report bandwidth
consumption by You. AIMNET reserves the right, in its sole
discretion, to establish, modify and/or enforce consumption
allowances at any time now or in the future, with or without
notice to You, and to apply a surcharge for excess usage
subsequent to notice of changes in bandwidth consumption
allowances.
(d) SERVICE ACCESS – PAYMENT, AIMNET’s “Cellular
Boosting” Services provides a connection to your cellular
service provider through our equipment to one or more of
your Cellular devices based on a fee you pay for “Time Use.”
Your Access Time is pre-purchased and the amount of time you
pay for is stored and maintained on the AIMNET Smart
Building central server. Your time is automatically
decremented from your time bank based on your use at the end
of each day. If your Time Bank runs out of purchased time,
your service is automatically discontinued and your cellular
device connection terminated. Your connection will not
re-establish until additional Time is purchased and stored
in your Time Bank. It is important to keep your “Time Bank”
open by purchasing additional time as required. If your Time
Bank becomes empty and your services automatically
terminate, You understand that a “Service Fee” as published
on our fee schedule at
www.aimsmartbuilding.com will be charged to re-establish
your connection that is in addition to fees paid for time in
your “Time Bank.”
You may establish an automatic credit card charge to insure
that Your Time Bank remains open such that a pre-determined
amount of time is purchased and automatically charged to
your credit card whenever additional time is required.
3. Support and Maintenance of AIMNET.
AIM may use commercially reasonable efforts to provide
customer support for use of AIMNET solely on the Equipment
described in Section 2 of this Agreement. AIM DOES NOT
GUARANTEE THAT CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT
AIM WILL MAKE AIMNET WORK ON YOUR CELLULAR DEVICE and SYSTEM
OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH.
Support may be available on a commercially reasonable basis
via telephone, e-mail or AIMNET Smart Building Internet
Site. Telephone numbers for such customer support are posted
on AIMNET Smart Building Internet Site and are included in
the "Contact AIM" section of this Agreement. AIM CONSULTING
& AIMNET Smart Building Network Services - AIMNET Smart
Building does not undertake to correct or repair, and shall
have no responsibility for, software, hardware or equipment
that it does not supply, and makes no guarantee that it will
be able to fix your software, hardware or equipment even if
supplied by AIM. AIM will use commercially reasonable
efforts, such as network management, traffic analysis,
operational procedures and policies, that endeavor to
provide appropriate bandwidth for as many customers as
possible. YOU UNDERSTAND AND AGREE THAT AIM DOES NOT
GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON AIMNET
OR ANY SPEED OF THROUGHPUT OF YOUR CONNECTION TO AIMNET WILL
BE AVAILABLE TO YOU. You understand and agree that the
speed of AIMNET “Cellular Boosting” Services provided to You
will vary depending upon a number of factors, including your
Cellular device(s) and associated equipment, your service
providers traffic and associated equipment, and other
factors. You understand and agree that AIMNET Service may be
temporarily limited, interrupted or curtailed due to system
capacity limitations; governmental actions; force majeure;
events beyond AIM control; or temporary equipment or systems
failures or modifications, upgrades, maintenance, repairs or
similar activities required or appropriate in connection
with the delivery or improvement of AIMNET Services.
4. Integrity of AIMNET.
AIMNET, and its various computers, wires, communications
devices and other components are the property of AIM. You
understand and acknowledge that AIMNET is a shared network
of services. In its sole discretion and with or without
notice to You, AIM reserves the right to take any action
regarding any improper or other use of AIMNET needed to
prevent or minimize harm to AIMNET or prevent or minimize
disruption of the performance of AIMNET Service for other
users. Such action may include, without limitation,
suspension or termination of access by You to AIMNET
Services.
5. Your Obligations.
(a) Responsibility for use. You agree that You are
responsible for the conduct of anyone who uses AIMNET
through your Cellular device or other connection device and
for ensuring that anyone who does use AIMNET uses it in
accordance with the terms and conditions of this Agreement.
(b) Your Online Conduct and Use of AIMNET Service. As
a condition of this Agreement, You agree to use AIMNET
Service in accordance with the terms and conditions of this
Agreement You understand that AIM Consulting (AIM)
has the right to enforce these terms and conditions in its
sole discretion, as the same may be amended by AIM from time
to time. In the event of a violation by You, AIM may, singly
or in any combination, issue a warning for the violation,
suspend or terminate your AIMNET Service without the
obligation to notify You prior to taking any such actions.
AIM reserves the right, but has no obligation, to monitor
compliance with and investigate violations of this Agreement
and the Use Policy, including but not limited to monitoring
bandwidth, usage and publicly posted content, gathering
information from You and other users, performing audits of
AIMNET, including scanning equipment connected to the AIMNET
Smart Building Network for common security issues,
identifying and categorizing the type of traffic being sent
and received by You, and examining material on AIMNET
servers and AIMNET Smart Building Networks. You agree that
AIM shall not be liable to You for any of its actions taken
to enforce this Agreement, including any Use Policy. If You
are found to be in violation of the Agreement or the Use
Policy, AIM may, in its sole discretion, permanently
disconnect your service. You may appeal such action by
writing to AIM at the following address: AIM Consulting, 114
Payne Drive, Cheshire, Connecticut, 06410
(c) Use by minors . You represent and warrant to AIM
that You are at least twenty one (21) years of age, and You
agree that AIM may rely on that representation. However, AIM
wishes to express additional cautions in connection with any
use of AIMNET Services that You allow to be made available
to minors using your cellular devices and systems, your
passwords, IP addresses, name or user names, phone numbers.
You agree that You are responsible for such use, and AIM
strongly recommends that any use of AIMNET Service by a
minor be conducted only under the supervision of a
responsible adult.
(e) Responsibility for security of your credit card and
other information that You provide through your Cellular
Booster connection.
From time to time You may decide to speak to third-partys or
order products or services from third parties when You
access your Cellular device. AIM recommends that You use
extreme care making your credit card and any other
information about yourself available to others on the on a
cellular device or phone. You agree that You are solely
responsible for the security of your credit card and similar
information from unwanted charges or use. You agree to hold
AIM CONSULTING - AIMNET Smart Building Systems, its agents
and affiliates, harmless in the event that your credit
cards, bank account numbers, social security number, your
identity, or any of your personal information is compromised
or utilized by a third party.
(f) Theft of Service. You understand and agree that
AIM may monitor the AIMNET Network for any such theft of
service, and if such activity is discovered, AIM may pursue,
in its sole discretion, all available remedies, including,
without limitation, charging for the entire period of such
use, and/or termination of service to You.
(g) Assignment or sharing of AIMNET Services. You
agree that You shall not use the AIMNET Cellular Boosting
Service as a service provider. You agree that You shall not
resell, share, give away, redistribute, sublicense or
otherwise distribute AIMNET Smart Building “Cellular
Boosting” Services or any portion thereof to any third party
in any manner without the prior written consent of AIM. For
example, but without limitation, You may not provide access
to others through your connection with the exception of your
employees and customers, clients that visit your space.
(h) Use of a dynamic IP address. You understand and
agree that AIMNET Service is provided using one (1)
dynamically-assigned or statically set public IP address for
each Cellular Booster connection. You understand and agree
that AIM may monitor AIMNET for the unauthorized use of any
static IP addresses and/or multiple dynamically assigned IP
addresses, and if such activity is discovered, AIM may
pursue, in its sole discretion, all available remedies,
including, without limitation, charging for the entire
period of such use, and/or termination of AIMNET Service to
You.
(i) Local “Cellular Boosting”. AIMNET Smart Building
Systems will support the connection of AIMNET “Cellular
Boosting” service to a single office or Cellular device. AIM
does not support the setup, configurations and equipment
maintenance of Your devices, including multifunction
devices, that may contain a switch, router, firewall, etc.
that allow for the connection of multiple cellular devices.
You agree that You shall not operate an access point of any
type that provides services to other users, or for your own
use over AIMNET Service. You understand and agree that AIM
has the right to monitor the AIMNET Smart Building Network
and, to the extent necessary, your Cellular Booster device
to ensure that You are not providing any services via your
connection. You understand and agree that AIM has the right
to take any measures it deems necessary in its sole
discretion to prevent the use of AIMNET Internet Service for
uses other than those prescribed in this Agreement.
6. Your Warranties, Representations and Indemnifications.
(a) Warranties and Representations. You warrant and
represent that: You are at least Twenty One (21) years of
age; You will use AIMNET Services only in accordance with
this Agreement; You will take reasonable measures to protect
your personal information and restrict the use of AIMNET
only to those only with your expressed consent.
(b) Indemnification. You agree to indemnify and hold
harmless AIM CONSULTING - AIMNET Smart Building Services
(its affiliates, subsidiaries, shareholders, officers,
directors, employees, contractors, agents, Premium Content
Providers and their representatives) (together "AIM - AIMNET
Smart Building Indemnified Entities") against any cost,
claim, liability or expense any of AIM - AIMNET Smart
Building Indemnified Entities incurs as a result of or
arising out of or related in any way to your use of AIMNET
Service. In the event of any claim, which, if true, would be
subject to indemnification hereunder, AIM CONSULTING, AIMNET
- AIMNET Smart Building or the affected AIM Indemnified
Parties shall notify You and You agree to cooperate in their
defense at your sole cost. As part of your indemnification
obligations, You agree to reimburse AIM for any costs it
incurs that, directly or indirectly, arise or result from
AIMNET - AIMNET Smart Building Systems and Service provision
of AIMNET “Cellular Boosting” Service to You and your use of
AIMNET Service, including but not limited to, complaint fees
or investigation expenses incurred by, or charged by any
third party to, AIM CONSULTING.
7. Equipment Ownership.
You understand and agree that other than your Cellular
Booster device, (IE: your cell phone) all equipment is the
property of AIM CONSULTING and AIMNET Smart Building
Systems. You agree that You will use reasonable care to
avoid damaging the Equipment, and agree not to alter,
modify, sell, license, lease, assign, encumber, relocate,
move or tamper with it. You agree that AIM - AIMNET Smart
Building Systems has the right to monitor, secure, upgrade
or downgrade the Equipment.
8. Disclaimers and Limitation of AIM - AIMNET Smart
Building's Liability.
(a) YOU UNDERSTAND AND AGREE THAT THE AIMNET SERVICE AND
EQUIPMENT PROVIDED BY AIM - AIMNET SMART BUILDING SYSTEMS
ARE NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE
OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY.
YOU UNDERSTAND AND AGREE THAT THE USE OF AIMNET SERVICE, AND
ANY SOFTWARE OR EQUIPMENT PROVIDED BY AIM IS AT YOUR SOLE
RISK. YOU UNDERSTAND AND AGREE THAT ANY AND ALL AIMNET
SERVICES AND PRODUCTS ARE PROVIDED "AS IS, AS AVAILABLE, AND
WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN WARRANTIES THAT
CANNOT LEGALLY BE EXCLUDED.
AIM CONSULTING - AIMNET SMART BUILDING SYSTEMS MAKES NO
WARRANTY THAT THE AIMNET SERVICE WILL WORK ON YOUR CELLULAR
DEVICE. YOU UNDERSTAND AND AGREE THAT AIM - AIMNET SMART
BUILDING SYSTEMS HAS NO RESPONSIBILITY FOR DAMAGE OR
DESTRUCTION TO YOUR CELLULAR DEVICE, OR THE DATA, FILES OR
INFORMATION STORED ON YOUR CELLULAR DEVICE. YOU UNDERSTAND
AND AGREE THAT AIM - AIMNET SMART BUILDING HAS NO
RESPONSIBILITY FOR ANY
THIRD-PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER
MATERIAL THAT YOU MAY USE OR ACCESS USING AIMNET SERVICE.
YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH AIMNET SERVICE OR ON
THE INTERNET.
10. Unauthorized Access, Viruses and Spyware, and
Third-Party Services, Products and Content.
(a) Unauthorized Access. AIMNET is a shared network
and is used by many users to access a variety of services.
Although AIMNET incorporates managed firewalls on its
Network, AIM does not provide total security against
unauthorized access. Others may access or monitor your
activity and conduct while You are using AIMNET Services.
AIM is not responsible for any unauthorized access to the
data, files, transmissions, communications sent to or from
You or for unauthorized access to your Cellular Booster
device. AIM does not warrant any security system it may
employ, either hardware or software, for the purpose of
preventing unauthorized access to your cellular devices. Any
security systems employed by AIM and AIMNET Smart Building
Systems maintain only a minimal level of protection. AIM and
AIMNET Smart Building Systems is not responsible for damages
resulting from the use of any such security system. You
understand and agree that You are solely responsible for the
security of any communication and or other device(s) with
which You connect to the AIMNET Service, and any data,
programs or information stored on such devices. You are
responsible for taking measures to ensure the security of
your Cellular device and system(s) to prevent unauthorized
access to it by others.
(b) Third-party services, products and content provided by
others. You understand and agree that while AIMNET supplies
access to your cellular carrier, it is not responsible for
the services or products offered by others, nor is AIM and
AIMNET Smart Building Systems the publisher of any
information that is provided by others, including, without
limitation, other users on bulletin boards, in chat rooms
and similar venues. AIM and AIMNET Smart Building Systems
makes no commitment to review, monitor or filter all access
and does not endorse or otherwise vouch for any service,
product, information, programs, data, or content sent,
accessed, offered or advertised over the cellular bandwidth
or otherwise made available to You by any individual,
information provider, or on-line service or content provider
(other than AIM - AIMNET Smart Building Services). Such
content may include profane, obscene, indecent, disturbing,
illegal, abusive, infringing, offensive or other material
You may find problematic. YOU UNDERSTAND AND AGREE THAT AIM
and AIMNET SMART BUILDING SYSTEMS ARE NOT RESPONSIBLE FOR
ANY SUCH CONTENT.
11. Contact AIM and AIMNET Smart Building Services
(a) General Information. If You have a question or
need general information about AIMNET - AIMNET Smart
Building Systems or its services, please contact AIM
CONSULTING at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
(b) Customer Support and Service. For customer
service and support, please contact AIM CONSULTING at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
12. Pricing Information.
Current rates for AIMNET Cellular Boosting Services are
posted on the AIM Smart Building website or on Your
buildings private control panel. AIM and AIMNET Smart
Building Services reserves the right to change or add fees,
surcharges or monthly charges at any time upon thirty (30)
days prior notice.
13. Term and Termination.
(a) Termination by AIM. In its sole discretion, AIM
reserves to itself all rights it has under federal, state
and local laws, to suspend or terminate this Agreement and
to Disconnect the AIMNET Service, in whole or in part, at
any time, with or without cause and with no obligation of
prior notice to You. AIM and AIMNET Smart Building Systems
reserves to itself the right to pursue all legal remedies
available to it, in its sole discretion.
14. Governing Law.
This Agreement shall be governed by the laws of the United
States of America and the State of Connecticut.
15. Disputes.
If You have a complaint regarding any aspect of your AIMNET
Service, AIM Consulting encourages You to first contact
AIMNET Smart Building's Customer Service
Department at
http://www.aimsmartbuilding.com
or by calling the phone number listed under CONTACTS at the
website.
16. Miscellaneous.
(a) Entire Agreement. This Agreement is your entire
agreement with AIM CONSULTING and it’s AIMNET “Cellular
Boosting Service” and is not intended to confer and does not
confer any rights or remedies upon any person or entity
other than the Parties to this Agreement and Smart Building
Indemnified Parties. If any part of this Agreement is held
invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the Parties
and the remaining portions shall remain in full force and
effect. This Agreement sets forth the entire understanding
and agreement of the Parties concerning the subject matter
hereof and supersedes all prior or contemporaneous
understandings or agreements related thereto.
(b) Assignment. This Agreement and your rights and
obligations under this Agreement may not be assigned by You
in whole or in part without AIM CONSULTING’s prior written
consent.
(c)
Limitation of Information.
AIM - AIMNET SMART BUILDING SHALL HAVE NO OBLIGATION TO MAKE ANY
SPECIFIC INFORMATION, DATA, SERVICE, PROGRAMS, NEWSGROUPS OR
OTHER MATERIAL AVAILABLE THROUGH AIMNET SERVICES AND MAY
BLOCK ANY SUCH MATERIAL IN ITS SOLE DISCRETION.
(d) Use Policy and Privacy Policy. AIM - AIMNET Smart
Building's Use Policy and AIMNET - AIMNET Smart Building's
Privacy Policy are integral parts of this Agreement and are
incorporated herein.
(e) AIM - AIMNET Smart Building's Remedies and Waiver.
Wherever a remedy is expressly provided to AIM - AIMNET
Smart Building Systems hereunder, such remedy is intended to
add rather than to restrict all of AIM's remedies in law and
equity. In the event of a breach of this Agreement by
You, AIM reserves to itself the right to pursue all legal
remedies available to it against You, in its sole
discretion. If AIM fails, at any time, to enforce any right
or remedy available to it under this Agreement, such failure
shall not be construed to be a waiver of AIM's rights or
remedies. Any waiver of AIM's legal right shall be effective
only if expressly agreed to in writing by AIM.
(f) Force Majeure. AIM shall be excused from
performance hereunder, and shall not be liable for damages
or otherwise, if and to the extent that AIMNET is unable to
perform due to
any act, event, cause or condition that is beyond its
reasonable control, including but not limited to accidents,
acts of God, acts of any government, failure of third-party
communications networks, war, terrorist activity, industrial
or labor disputes, fire, flood, explosion, civil disorder,
power failure, equipment failure, acts of civil or military
authorities, theft, vandalism, misuse, insurrection,
inability to obtain the necessary supplies, and the like.
AIM will not notify You of the occurrence of any such event.
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