Aire Internet internet services (“Services”) are provided by Aire Communications Group, Inc. located at 11088 Millpark Drive, St. Louis, MO 63034.
By signing up for Services at Aire’s website and by continued use of the Services the subscriber (referred to herein as “you” or “your”) agree to the terms of this Aire Subscriber Agreement (the “Agreement”) as follows. If you do not agree with the terms of this Agreement do not sign up for Services or immediately discontinue use of the Services.
At Least 18 Years of Age. By agreeing to the terms of this Agreement, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence or place of business who may utilize the Services.
Communications. You agree to receive all communications about the Services and your account via email, including any confirmations, bills for Services and payment invoices and receipts. However, in the event that Aire determines that it is necessary to contact you by other means, you also agree that Aire may contact you regarding the Services or your account through the contact information associated with your account, including by direct mail, email, telephone calls, and SMS/text messaging.
Availability and Performance. Although we hope to make Aire available to as many subscribers as possible, Aire reserves the right to determine whether Services are available to a particular address to ensure minimum Service quality and reliability. Signing up for Services does not guarantee Service delivery as Aire reserves the right to inform you of low to no coverage for the aforementioned reasons. As is industry practice, Aire advertises the Service speeds as “up to” speeds which are subject to network demand, weather, maintenance, distance from broadcast towers, the number of devices you connect to your wifi and to Aire’s network and a variety of other factors beyond Aire’s control.
Fees. In signing up for Services, you agree to pay a one-time activation fee. In addition, upon sign-up, and post-installation, you agree to pay the monthly Service and Equipment fee per month, in advance, for each month of active Services using your credit or debit card on file. If payment is not received due to insufficient funds or for any other reason, Aire may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. You agree that Aire is not responsible for any third-party charges you may incur in connection with your credit card or other payment method.
Billing and Invoices. You agree to be billed via Aire’s automated customer service and billing platform (the “Portal”) on a monthly basis. Aire will send you an electronic invoice via the e-mail on your customer file two weeks prior to Aire charging your account. You agree to maintain a current and valid credit card on file by signing into Aire’s Portal as necessary.
Access to Premises. You agree to provide Aire with necessary and reasonable access to the premises at the address where you’ve requested the Services to be installed (the “Premises”). You agree that Aire may install, affix and attach network equipment on the exterior and interior of the Premises (including affixing equipment to a roof, eave or wall and associated cabling and mounts) at any reasonable location mutually agreed to by Aire and you. You also agree that Aire may use, and that you have the necessary permissions to approve Aire’s use of, existing facilities, including existing wiring in and around the Premises, to complete the installation of Services. If you rent or otherwise do not own your residence, you may be asked to provide written evidence that you have received all permissions necessary for Aire to perform the installation. If Aire incurs any costs, including attorneys’ fees, because you did not get the necessary authorization(s) for Aire to install the equipment required for the Services, you are responsible for reimbursing Aire for those costs. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with this Agreement before you have paid the entire construction fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination.
Third Party Access. If you are accessing the Services through an arrangement with a third party who has a direct relationship with Aire (for example, a landlord, building manager, hotel, hospital, other retail establishment or employer), the Terms below regarding ownership, payments, billing and installation of Aire equipment may not apply to you.
Equipment. Aire retains ownership of the equipment throughout the duration you use the Services. If you lose or damage Aire’s equipment after installation, Aire may charge you a fee for replacement equipment and a separate fee for the labor to replace or repair such equipment. You authorize Aire to install software upgrades on any equipment provided by Aire. You also agree not to use the Aire equipment for any purpose other than using the Services. Aire will not de-install cabling nor repair roofs, holes or siding to which equipment or cabling was attached for an initial installation.
No Illegal Use. You agrees that you will not use the Services for any illegal purpose, including downloading or transmission of copyrighted materials without permission, or child pornography. You further agree and warrant that you will obey all applicable federal, state, and local laws regarding the use of Services. Further, you agrees to indemnify and hold harmless Aire, its employees, agents, affiliates, subsidiaries, and representatives, for any liability arising out of the illegal use of Services by you and/or your employees, agents, subsidiaries, and representatives. If you are using Aire Services in a residence or other location you do not own or control (such as a hospital, hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside this Agreement; Aire is not a party to such agreements and therefore is not responsible for nor bound by such agreements. You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. You are responsible for all use and activity on the Services, whether such activity is undertaken by you or someone else.
Security. Aire makes an effort to keep its network secure, but no network security is perfect. While Aire may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Aire is not responsible for any damages to users of the Services that may be caused by unauthorized third parties who breach or hack the Services or Aire’s Platform.
Service Cancellation. You may terminate your Services at any time 90 days after your installation date at no charge. If you elect to terminate the Service within 90 days of installation, you will be charged a one-time $99 de-installation and de-activation fee. All cancellation requests received will apply to the next invoice date (such date being established as the date your Services were installed). Services will remain active and available until the end your monthly billing cycle; no pro-rated refunds will be granted for partial billing cycles. Upon cancellation, you will be required to return all of the equipment by being available to meet an Aire technician for a Service de-installation. Aire reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion, for any reason, without notice.
WAIVER OF ALL WARRANTIES
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY AIRE OR AN AGENT THEREOF, NEITHER AIRE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY AIRE, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, SPEEDS, UPTIME, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
LIABILITY FOR OUR SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AIRE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE SERVICES FOR THE MOST RECENT SIX MONTH PERIOD OF TIME FROM WHEN ANY DISPUTE OR CLAIM AROSE. IN ALL CASES, AIRE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, AIRE, AND IT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. AIRE SHALL NOT BE LIABLE WHATSOEVER FOR PROPERTY DAMAGE AS A RESULT OF INSTALLING OR DEINSTALLING ANY EQUIPMENT OR AS A RESULT OF ANY AIRE TECHNICIAL ENTERING YOUR PROPERTY OR PREMISES.
Service & Support. Aire shall monitor its Services twenty-four (24) hours a day, seven (7) days a week. Aire shall provide you with a telephone number and email address on the Aire website located at airefiber.com by which the Customer may report service interruptions. You may also create service tickets at Aire’s customer Platform. Aire shall use commercially reasonable efforts to provide a telephone response to such calls within twelve (12) hours during normal business hours and twenty-four (24) hours after hours and on weekends, and, if necessary, initiate a physical response within 24 hours of receiving Customer’s call reporting the problem.
Resale and Distribution. The Services are intended for the personal use of you and others with whom you share your residence and or place of business (including, within reason, guests who are visiting you). You agree not to resell or repackage the Services for use by people other than those with whom you share your residence. If you wish to use the Services to provide Internet service to others, you must enter a separate agreement with Aire that specifically authorizes you to do so.
Entire Agreement. This represents the entire agreement between Aire and you. Items and liabilities not mentioned herein are not contemplated within this Agreement.
Arbitration. In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules or other applicable rules. The number of arbitrators shall be one. The place of arbitration shall be St. Louis, Missouri. Missouri law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You waive all rights to a jury trial or to bring legal or equitable claims against Aire by agreeing to this binding arbitration provision.