Airosurf Communications Legal Documentation

These Terms of Service set forth the terms and conditions for the purchase of residential or small business wireless Internet access services, fiber to the home (“FTTH”) services, Voice over Internet Protocol (“VoIP”) and such other services (collectively, “Services”) from Airosurf Communications, Inc. (“Airosurf”), an Oklahoma Corporation headquartered at 800 E 2nd Street, Suite H, Edmond, OK 73034.  The particular Services you (referred to in these Terms of Service as “Subscriber” or “you”) order, including the plan you selected, will be reflected on a “Subscriber Order Form,” available online or through an authorized Airosurf retailer.

By ordering Services from Airosurf, Subscriber agrees to and incorporates these Airosurf Terms of Service found at https://www.airosurf.com/tos.  The Subscriber Order Form, these Terms of Service, and Airosurf policies referenced herein or posted on Airosurf’s website from time to time constitute the “Service Agreement” or “Agreement.” Without limiting the generality of the foregoing, subscribers to Airosurf’s VoIP services expressly acknowledge that they have read, understood and agree to the E911 Disclosure Statement posted at https://www.airosurf.com/911NOTICE.  Airosurf may update these Terms of Service from time to time, in its sole discretion.  Subscriber’s continued use of the Services following such updates constitutes acceptance of the same. If Subscriber does not agree to the terms or any modification, Subscriber may terminate this Agreement.  Terms used in this Service Agreement, but not otherwise defined shall have the same meanings ascribed to them in the Terms of Service.  The plural of any term will include the singular and vice versa, and terms of any gender will include all other genders.

Purchase and Payment of Services

Upon Subscriber ordering Services, Airosurf will email an invoice to Subscriber. Subscriber will be required to pay in advance for Services, including applicable installation charges, in accordance with the terms stated on the invoice.  Payments are required to be made via credit or debit card or ACH fund transfer in accordance with Airosurf’s billing terms posted at https://airosurf.com/billing-terms-and-conditions/.

All prices for Services are exclusive of any taxes, customs, duties, value added, excise, federal, state, local, city, provincial, public utility, or other such similar regulatory fees, assessments or contributions, and are subject to change without notice. Subscriber agrees that they will all said taxes and fees, however denominated and that may now or hereafter be levied on the Services as billed by Airosurf, and in addition to the other amounts otherwise charged to Subscriber, unless Customer provides Subscriber with a valid exemption certificate in form and substance reasonably acceptable to Airosurf.  Airosurf may also charge a fee for the recovery of its costs associated with regulatory compliance programs applicable to the Services.

Subscriber will have access to his/her online account at https://subscriptions.zoho.com/portal/airosurf/login (the “Subscriber Portal”), where payments may be processed/set up with Airosurf.  Alternatively, payments may be made by calling the Billing Department at (405) 701-6080 with credit card and payment information. Subscriber will provide new email address(es) whenever necessary to ensure that emailed invoices are deliverable to the Subscriber.  Airosurf is not responsible for non-delivered invoices. No refund will be due Subscriber for payments already processed with the exception of annual or multi-month payments.

Late of failed payments: In the event that a payment transaction fails or is denied by the Subscriber’s bank, Subscriber will provide Provider with new/updated account information.  Late fees and fees for declined or dishonored credit cards, checks or ACH payments apply as stated in the billing terms at https://airosurf.com/billing-terms-and-conditions/.

Airosurf and Subscriber Responsibilities:

Airosurf Responsibilities and Limitations

Airosurf is NOT responsible or liable for any of the following situations, and charges for service calls will apply to remedy:

  • Any device or cloud system inside the home or office of the Subscriber beyond the point of the Power-over-Ethernet (PoE) power supply.  This includes all computers, phones, routers, third-party services or applications, cloud services, networks or other devices installed by contractor(s) hired by the Subscriber, or other device or service provider not affiliated with Airosurf.
  • Any obstructions that might be erected or grow between Subscriber’s radio and Airosurf’s transmitter causing degradation or loss of service.  In the unlikely event of loss of signal for this reason, Airosurf will inform Subscriber that service is no longer available at that location.
  • Debris or ice on antenna
  • Damage to radio, antenna or cabling due to acts of God, other natural occurrences, or neglect by Subscriber
  • Subscriber or their contractor/vendor installing hardware and/or software in a device after installation which may disable that device with regard to connecting to Internet
  • Reconfiguration of network settings due to, but not limited to, tampering or reinstallation of operating system in a device
  • Misplaced WiFi login credentials, which are provided to Subscriber at time of router installation
  • Any failures or delays of third party networks

 

Further, Subscriber acknowledges that tree leaves hold water, they absorb signal, and that may degrade or disrupt signal.  Subscriber may require extra hardware and setup at such time as changes in tree foliage may occur, or in some cases Service may no longer be available if signal strength changes and no remedy can be made.  Airosurf shall not be held liable for any changes, nor will Subscriber be entitled to any type of refund prior to the date on which Subscriber is informed.

Airosurf uses “best practice” installation techniques and will discuss the method of attachment to the building, mast or other approved structure with the owner prior to performing installation.  Airosurf is not responsible for any water leaks, damage or mold that may occur.  In most cases, non-roof-penetrating methods of attachment will be used.  Airosurf’s technicians reserve the right to refuse installation at any location if there is a concern about his/her health or safety, or if the signal is not the best possible at a location on the property requested by Subscriber.

Subscriber Responsibilities.

In addition to his/her other obligations in the Agreement, Subscriber agrees to the following:

Subscriber authorizes Airosurf personnel to enter Subscriber’s home or office (the “Premises”) at mutually agreed upon times in order to install, maintain, inspect, repair, or remove the Services. If Subscriber is not the owner of the Premises upon which a Service is to be installed, Subscriber represents and warrants that he/she has obtained the consent of the owner of the Premises for Airosurf personnel to enter the Premises for the purposes described above. Subscriber shall indemnify and hold Airosurf harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement.

Subscriber is solely responsible for provisioning, configuration and maintenance of all equipment on the Premises not owned by Airosurf, including, without limitation, computers, modems and other communications equipment. Airosurf shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of Subscriber or third party equipment.

Subscriber’s Content.

Subscriber is solely responsible for the content of all information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by Subscriber or any person authorized by Subscriber to use Services under Subscriber’s account (“User”) while utilizing any Service (“Subscriber’s Content”) and for the consequences of doing so, including any loss or damage to Airosurf or any third parties.  Airosurf has no responsibility to Subscriber, any User or any third party for Subscriber’s Content.

Airosuf reserves the right to, but shall have no obligation to, pre-screen, refuse, flag, filter, or remove any of Subscriber’s Content from the Services at Airosurf’s discretion without notice or liability to Subscriber or any other party.

Subscriber shall retain copyright and any other intellectual property rights Subscriber holds in Subscriber’s Content.  Subscriber shall remain solely responsible for protecting and enforcing such rights where applicable.

Subscriber hereby grants to Airosurf a non-exclusive, world-wide, royalty free, sub-licensable, transferable, perpetual, irrevocable license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Subscriber’s Content solely for the purpose of providing and distributing the transmission of such Subscriber Content, as is necessary to the successful provision of the Services to Subscriber.  Subscriber represents and warrants that it has all necessary rights, licenses, consents, and permissions to grant such license and permit such use.

Airosurf is not obligated to store any Subscriber voicemail, sent or received call logs, and/ or instant messages, and has no responsibility or liability for the deletion or failure to store any of the foregoing.

Other Users’ Content.

Airosurf does not control and shall have no liability or responsibility for the 1) conduct or 2) content of any information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by other users via the Services, including but not limited to advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”).

Other Users’ Content may be protected by copyright and other intellectual property rights of such other users or other persons.  Subscriber shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed to by the owners of such Other Users’ Content in a separate written agreement with Subscriber.

It is Airosurf’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States the Digital Millennium Copyright Act, in accordance with the policy posted at www.airosurf.com/DMCA/) and to terminate the accounts or subscriptions of repeat infringers.

Termination.  Either Airosurf or Subscriber may terminate this Services at any time and without cause unless provided otherwise when signing up for the Service.  Upon termination Subscriber must immediately cease all use of the Services and all Airosurf equipment.  Subscriber is responsible for payment of Services until the Services are disconnected and equipment is returned.  Subscriber must return all Airosurf equipment to Airosurf at the appropriate local service center or to Airosurf’s designee. If the equipment is not in working order Subscriber is responsible for an amount up to retail price for replacement equipment and incidental costs incurred due to the replacement.

Additionally, Airosurf may suspend or terminate Services in the event that Subscriber fails to pay any amount when due; Subscriber or any User violates any provision of the Agreement or applicable Airosurf policy, including without limitation, the Acceptable Use Policy; or Subscriber or any User uses any Service in any unlawful or fraudulent manner, infringes Airosurf’s or any other party’s intellectual property rights, or causes or threatens to cause harm to Airosurf’s or any other party’s network or facilities.

Acceptable Use Policy.  Subscriber agrees not to misuse, and shall take reasonable efforts to ensure that its Users do not 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. Examples of misuses and prohibited activities are set forth in Airosurf’s Acceptable Use Policy found at www.airosurf.com/aup, which is incorporated into these Terms. Subscriber is responsible for all activity on the Services, whether such activity is undertaken by Subscriber, a User or someone else.

Indemnification.  Subscriber shall indemnify and hold harmless Airosurf and its officers, directors, agents and employees, from and against any and all claims, demands, causes of action, losses, damages, costs and expenses, including attorney fees (collectively, hereinafter “Claims”) arising out of or in any manner relating to or arising out of Subscriber’s or its Users’ use of the Services, the Airosurf equipment, or the Subscriber equipment, violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services or any unauthorized apparatus or system, and any Claims or damages arising out of limitations or failures of 911/E911 or dialing associated with a home security, home detention, or medical monitoring system.  Airosurf has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.

 

Disclaimer of Warranties.  Subscriber assumes total responsibility for use of the Services, applicable equipment and the Internet, and accesses the same at its own risk.  Subscriber recognizes that Airosurf has no responsibility for the security of or loss of stored data, intrusion of unauthorized access, content accessible or action taken on the Internet and Airosurf expressly disclaims any responsibility for such content or actions, except as specifically set forth herein.  Airosurf further disclaims any and all express or implied warranties OF ANY KIND REGARDING THE SERVICES and/or equipment provided by airosurf, including and without limitation: (1) any warranties as to the availability, accuracy, and content of information, products, or services: (2) any warranties of availability, quality of service, merchantability, fitness for a particular purpose, non-infringement, TITLE or as to the proper or timely delivery or security of Subscriber’s communications over Airosurf’ facilities. Airosurf does not guarantee or warrant: continuous, uninterrupted or secure access to any service; that the Service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours; any particular download or upload speed for any Internet access service or any other characteristics of that or any other kind of service; compatibility of any service with Subscriber’s computers, telephone, or video equipment, operating systems or software.

Limitation of Liability.  Airosurf’s liability to Subscriber hereunder shall be for provisioning of Services.  Neither Airosurf nor its affiliates, subsidiaries, employees or suppliers shall be liable to Subscriber for any special, indirect, incidental or consequential damages (including lost profits) arising from or relating to this Agreement, including, without limitation, damages claimed as a result of loss of data, hardware, or software; loss or liability resulting from access delays or access interruptions; loss or liability resulting from computer viruses; loss or liability resulting from data non-delivery or data mis-delivery; loss or liability resulting from errors, omissions, or misstatement in any and all information, goods, or services obtained on or through the Service.  Airosurf’s entire liability, and Subscriber’s exclusive remedy, with the respect to use of the Service, service software, and any breach of the Agreement is strictly limited to the lesser of Subscriber’s actual, direct damages or the amount paid by Subscriber for the applicable Services during the twelve (12) month period immediately preceding the date on which Subscriber’s claim arose.

 

Additional Provisions for VoIP Services.  The following provisions apply if Subscriber receives VoIP Services from Airosurf.  Airosurf is not responsible for any third party VoIP services Subscriber from other providers, regardless of whether Subscriber accesses such third-party services over the broadband connections provided by Airosurf.

 

CPNI.  In the normal course of providing services to its users and customers, Airosurf collects and maintains certain customer proprietary network information (“CPNI”) typical to the industry.  CPNI includes the types of telecommunications and interconnected VoIP services Subscriber currently purchases or subscribes to, how Subscriber uses those services (for example, Subscriber’s calling records), and billing information related to those services.  Subscriber’s Airosurf telephone number, name, and address do not constitute CPNI.  Airosurf does not sell, trade, or otherwise share Subscriber’s CPNI with anyone outside of Airosurf and those parties authorized to represent Airosurf to offer Airosurf’s Services or to perform functions on Airosurf’s behalf related to Airosurf’s services, except as the law may require or Subscriber may authorize.  Federal law generally permits Airosurf to use CPNI in its provision of the telecommunications and interconnected VoIP services Subscriber purchases or subscribes to, including billing and collections for those services.  Airosurf may also use or disclose Subscriber CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect Airosurf’s rights or property, to protect against the unlawful use of Airosurf services, or to protect other users.

 

Subscriber may elect to prohibit Airosurf’s use of Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from Airosurf by providing Airosurf with Subscriber “opt-out” notice within thirty (30) calendar days of Subscriber’s Service commencement via email to info@airosurf.biz with the subject line “CPNI” or by calling 405-413-7002.  If Subscriber fails to do so within such timeframe, Subscriber will be deemed to have given Airosurf consent to use Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from Airosurf.  Restricting Airosurf’s use of Subscriber CPNI will not affect Airosurf’s provision of any service, nor will it necessarily eliminate all types of Airosurf marketing.

 

911/E911 Acknowledgement. SUBSCRIBER ACKNOWLEDGES THAT AIROSURF’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED AT THE E911 DISCLOSURE STATEMENT FOUND AT WWW.AIROSURF.COM/911NOTICE SUBSCRIBER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING SUBSCRIBER’S SERVICES, OF THE 911 LIMITATIONS DESCRIBED AT WWW.AIROSURF.COM/911NOTICE. IF AIROSURF OFFERS SUBSCRIBER WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING, THEN SUBSCRIBER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER SUBSCRIBER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED; OTHERWISE, SUBSCRIBER AGREES TO PROVIDE CLEAR, CONSPICUOUS NOTICE TO POTENTIAL USERS OF THE VOIP SERVICE OF THE LIMITATIONS AND UNAVAILABILITY DESCRIBED IN THE E911 DISCLOSURE STATEMENT. AIROSURF ADVISES SUBSCRIBER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

 

DID Numbers.   When supply is sufficient, Airosurf will make available to Subscriber a list of DID/ telephone numbers from which Subscriber may choose their DID/ telephone numbers.  Subscriber will not be the owner of any DID/ telephone number (including fax numbers) assigned to Subscriber by Airosurf, and Subscriber will not transfer or attempt to transfer its number(s) to anyone else (except as provided below with respect to Porting Out).  Airosurf reserves the right to change, cancel, withdraw, or move such numbers at its sole discretion immediately upon notice.  Subscriber will surrender all rights to the DID/ telephone numbers and fax numbers upon termination of Subscriber’s VoIP Service if they have not been ported out as provided below prior to such termination, and the numbers assigned to Subscriber may be reassigned upon termination of Subscriber’s Service.  Airosurf will not be liable for any direct or indirect damages or incidental costs arising out of such reassignment.

Local Number Portability.

  • Porting In. Subscriber may elect to port an existing DID/ telephone number to Airosurf (“Port-In”) for use with the Service.  In the event Subscriber elects to Port-In a number, Subscriber must first select a temporary number from the list of DID/ telephone numbers Airosurf presents to Subscriber at the time Subscriber orders the VoIP Service, which will be used until the Port-In is complete.  Airosurf will support all valid requests and will cooperate with Subscriber to perform any Port-In in accordance with Subscriber’s reasonable directions and Airosurf’s operating procedures.  Neither Airosurf nor its providers are responsible for any delay, rejection, or false processing of Port-In requests to the extent such delay, rejection, or false processing is attributable to Subscriber, Subscriber’s prior provider, or any third parties.

 

  • Porting Out. Subscriber or a third-party provider acting as agent on behalf of Subscriber (“Requesting Party”) may request that Airosurf port a number assigned to Subscriber by Airosurf to a third party provider (“Port-Out”).  Airosurf will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Airosurf’s standard operating procedures.  In the event of any Port-Out, Subscriber agrees that until such time as the Port-Out is complete and Subscriber terminates the Service for such DID/ telephone number, Subscriber shall remain bound by the terms of this Agreement related to that DID/ telephone number.  Once the Port-Out is complete, Subscriber must terminate the Services associated with such ported DID/ telephone number in order to stop incurring charges for such DID/ telephone number.

711 Dialing.  The Service allows dialing 711 to reach Telecommunications Relay Services (TRS).  In the event the user’s registered location is not the same as the user’s geographic location, 711 calls may not be routed to the correct TRS center for the user’s location.  See the 911 Notice for additional information regarding registered location for VoIP devices.

VoIP Service Exclusions.  The Service does not include directory listings and operator and directory assistance and does not support 976 or 900 calls.  The Service may not support 311, 411, 511, or other X11 calling (other than 911 and 711 as detailed in this Agreement) in all or certain service areas.

 

CALEAPursuant to the Communications Assistance for Law Enforcement Act (CALEA) (47 U.S.C. §§1001-1010) Airosurf will provide assistance to all local, state and/or federal authorities who provide the company with a Summons and Court Order, a Subpoena or similar legal process. All requests are evaluated and reviewed on a case-by-case basis in light of any special procedural or legal requirements and applicable laws; provided, however, that Airosurf will have no liability to Subscriber in the event that Airosurf provides information to authorities based upon an order, subpoena, warrant or other legal process that is subsequently found to be invalid.

 

Export LawsSubscriber expressly agrees to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. Subscriber further expressly agrees not to use the service(s) in any way that violates any provision of such laws or their implementing regulations.

Security.  Airosurf makes an effort to keep its network secure, but no network security is perfect. While Airosurf may provide technical assistance, Subscriber is responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that Subscriber’s data is not accessed by unauthorized third parties. Airosurf is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

Privacy.  Subscriber understands and agrees that information provided to and collected by Airosurf in connection with the Services is subject to the Airosurf Privacy Policy found at www.airosurf.com/privacy.  Subscriber further agrees that information may be disclosed to law enforcement personnel (see paragraph captioned “CALEA,” above), and that a VoIP Subscriber’s telephone number and registered location information will be provided to emergency call takers in the course of completing a 911 call.

 

Digital Millennium Copyright Act.  Airosurf maintains a separate policy on the handling of complaints under the Digital Millennium Copyright Act, which is incorporated into this Agreement and may be viewed at www.airosurf.com/DMCA/.

 

Retention of RightsNothing contained in these Terms of Service or elsewhere in the Agreement shall be construed to limit Airosurf’s rights and remedies available at law or in equity. Upon termination of these the Agreement for any reason, Airosurf reserves the right to delete all Subscriber’s data, files, electronic messages or other Subscriber information that is stored on Airosurf’s or its suppliers’ servers or systems. In addition, Subscriber may forfeit its account user-name and all email, IP and Web space addresses, and voice mail. In the event Subscriber cancels without porting its voice service and the associated telephone number(s) to another service provider, Subscriber will forfeit the telephone number. Airosurf shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.

 

Force Majeure. Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, explosion, vandalism, cable cuts, storms or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections, riots, wars, or strikes, lockouts, work stoppages or other labor disputes or difficulties. Notwithstanding anything to the contrary set forth herein, Subscriber agrees that payment obligations hereunder shall be absolute and not subject to delay due to any event of force majeure.

 

Governing Law.  The Agreement, including these Terms of Service, shall be governed by and construed in accordance with the laws of the State of Oklahoma.  The parties agree that the state courts of Oklahoma shall have sole and exclusive jurisdiction.

 

Limitations on Actions.  Subscriber waives all rights to bring any claim, suit or proceeding on any cause of action more than one (1) year after the date the cause of action arose.

In compliance with the Digital Millennium Copyright Act, Airosurf Communications, Inc. (“Airosurf”) has instituted the following policy and procedures:

  1. Personnel:
  2. Airosurf has a designated agent that is registered electronically with the United States Copyright Office as described in 37 CFR §201.38 to receive and respond to reports of copyright infringement (the “Compliance Officer”).
  3. Airosurf publishes the title, physical mail address, telephone number, and email address of the Compliance Officer on its website at www.airosurf.com /DMCA.
  4. All matters regarding copyright infringement are referred to the Compliance Officer.
  5. Transmission of Data (17 U.S.C. §512(a)):
    1. Airosurf does not initiate the transmission of materials over its services.
    2. Airosurf employs an automatic technical process for the transmission, routing, provision of connections, or storage of material without selection of the material transmitted.
    3. Airosurf does not select recipients of the material except as an automated response to the request of the sender.
    4. Airosurf does not maintain copies of material sent through its services in a manner ordinarily accessible to anyone other than anticipated recipients, and not for a longer period of than is reasonably necessary for the transmission, routing, or provision of connections.
    5. Airosurf does not modify the content of material made available online through its services.
  6. System Caching (17 U.S.C. §512(b)):
    1. Airosurf does not modify the content of material retained through system caching.
    2. Airosurf complies with a generally accepted industry standard data communications protocol for its system or network with regards to maintaining, refreshing, reloading, and deleting its cached data.
    3. Airosurf does not interfere with the ability of technology of its network users to obtain information from other network users when the technology:
  7. does not significantly interfere with the performance of the provider’s system or network or with the intermediate storage of the material;
  8. is consistent with generally accepted industry standard communications protocols; and
  • does not extract information from the provider’s system or network other than the information that would have been available to the users had they gained access to the material directly from each other;
    1. Airosurf does not interfere with conditions users impose on access to transmitted data, such as fees and passwords.
    2. Airosurf expeditiously removes or blocks access to infringing copyrighted material after being notified that the material has been removed, blocked at the originating site or that a court has removed or blocked at the originating site.
  1. Information Residing on Systems or Networks at the Direction of Users (17 U.S.C. §512(c)):
    1. Airosurf does not knowingly allow copyright infringing material on its systems or networks, although it does not actively monitor its systems or networks for such material.
    2. Airosurf does not knowingly profit from copyright infringing material on its systems or networks.
    3. Airosurf expeditiously removes or blocks access to infringing copyrighted material residing on its system or network.
  2. Information Location Tools (17 U.S.C. §512(d)):
    1. Airosurf does not knowingly refer or link users with information location tools to copyright infringing material, although it does not actively monitor its information location tools for such material.
    2. Airosurf does not knowingly profit from referring or linking users with information location tools to copyright infringing material.
    3. Airosurf expeditiously removes or blocks access to information location tools providing access to infringing copyrighted material.

Airosurf, Inc. performs an annual review of its copyright policy and updates are regularly distributed to management and those designated individuals responsible for compliance and reporting.  All complaints are routed to the designated agent for review and, if necessary, Airosurf, Inc. has several outside legal experts consisting of practicing attorneys specializing in patent, trademark and copyright law for consultation purposes.

Airosurf Communications, Inc. (“Airosurf” or “Company”) has prepared this Acceptable Use Policy (“Policy”) as a guide for its Subscribers to understand the intended and permissible uses of its Services, and to prevent exploitation, fraud, and abuse of its Services, equipment and related features.  This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our Services.  Our Terms of Service are located at www.airosurf.com/tos.  Capitalized terms not otherwise defined herein have the meanings attributed to them in the Terms of Service.  This Policy may be updated or modified by Company from time to time, effective upon posting to Company’s website.

At all times, Subscriber represents that it and all authorized users will use the Services, software, and hardware in a manner consistent with all applicable laws.  Any action or deviation from applicable law or that in Company’s determination compromises or threatens the security of Company’s business, its vendors, its other customers or the Services, software, and hardware, whether directly or indirectly, is strictly prohibited and permits Company to suspend or terminate the services without prior notice, at the sole discretion of Company.  Furthermore, any direct or indirect violation of applicable laws and in the sole discretion of Company, based upon knowledge, information and belief, may cause Company to withhold and not accept any messages or content that Company reasonably believes contains inappropriate content or that is, or which could reasonably become the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process or inquiry.

 

Company’s services, software, and hardware are designed for normal commercial or residential use and are not intended for usage by organizations such as call centers, fax messaging services, telemarketing firms, or resellers or for use without live dialog, such as use by transcription services, intercom or monitoring services, etc.  Unauthorized or excessive use beyond that normally experienced by typical, similarly situated business and residential customers may cause network capacity and congestion issues and interfere with distribution of network services and the third-party networks (if applicable) with which Company connects for call initiation and completion services.  Such unauthorized or excessive use or any other use of the services, software, and hardware, beyond that of the typical business or residential customer or any action which causes a disruption in the network integrity of Company, or its vendors, whether directly or indirectly, is strictly prohibited and may be cause for termination of services.  The following are examples, and not a comprehensive list of, impermissible uses which are not normal use:

 

  1. Resale to others;
  2. Auto-dialing or fax/voice blasts;
  • Without live dialog, including use as a monitor or for transcription purposes;
  1. Continuous or extensive call forwarding;
  2. Continuous connectivity;
  3. Constant dialing;
  • Iterative dialing;
  • Fax broadcast;
  1. Fax blasting;
  2. Telemarketing practices that are in violation of any law or regulation;
  3. Any service requiring compliance with the federal Health Insurance Portability and Accountability Act (“HIPAA”), requiring secure storage of “protected health information” as defined under HIPAA, requiring a “Business Associate Agreement,” or requiring Companies to be a “Business Associate or subcontractor of pursuant to HIPAA;
  • Any service for which storage of or control of access to sensitive data, such as information about children or medical or health information;
  • Any service involving high-risk activities where the interruption or malfunction of the services could lead to serious consequences, including but not limited to personal injury, death, or environmental damage, such as in management of nuclear facilities, air traffic control, life or health support; and
  • Any other activity that would be inconsistent with small business or residential usage.

 

In addition to the foregoing, impermissible uses under a residential plan include use of the Services in connection with operating a business, even if operating from the residence, or operating any other enterprise, including not-for-profit or governmental enterprises.

Subscriber may not use Company’s services, software or hardware in any way that is illegal, fraudulent, improper, or inappropriate, such as uses which are threatening, abusive, harassing, defamatory, libelous, deceptive, of invasive of another’s privacy.

Subscriber may not engage in any activity, including without limitation, “spoofing,” intended to mislead any person as to the origination or sender of any telephone call, text or other message.

In the event that a Service provides the ability to record any call or communication, Subscriber will only do so in strict accordance with law, including without limitation by obtaining any required consent of the parties to such call or communication.

Subscriber will not use Company equipment at any time at an address other than the locations specified in Agreement between Subscriber and Company without Company’s prior written authorization. Subscriber acknowledges that this Agreement is accepted on behalf of all persons who use AIrosurf-provided equipment and/or service(s) and that Subscriber shall have sole responsibility for ensuring that all users understand and comply with the terms and conditions of this Agreement and any applicable Company policies including, but not limited to, acceptable use and privacy policies. Subscriber further acknowledges and agree that Subscriber shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the service(s).

 

Rev. 05.2022

Date of Last Revision: May 2022

Introduction: This Emergency Services E911 Disclosure Notice provides important information about the ability to connect to 9-1-1 emergency calling services using Airosurf Communications, Inc.’s (“Airosurf” or the “ Company”) voice services and forms part of, and is governed by the Company’s Terms of Service (“TOS”), as applicable between the Company and its customers (“You” or “Your”).  Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the TOS.

Description: VoIP services allow You to make or receive telephone calls over the Internet to or from the public switched telephone network.  The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through Your VoIP service will be handled differently from traditional phone service.  The following provisions describe the differences and limitations of 9-1-1 emergency calls, and You hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from Your account as described below.

Placing 9-1-1 calls: When You make a 9-1-1 emergency call, the VoIP service will attempt to automatically route Your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the “Registered Location” of the device on which the call is placed.  However, due to the limitations of the VoIP telephone services, Your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing.  For example, Your call may be forwarded to a third- party specialized call center that handles emergency calls.  This call center is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated Your address information, and consequently, you may be required to provide Your name, address, and telephone number to the call center.

How Your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address, floor number or other location information, and telephone number associated with Your device.  However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain Your name, phone number or physical location.  Therefore, when making a 9-1-1 emergency call, You must immediately inform the dispatcher of Your location (or the location of the emergency, if different).  If You are unable to speak, the dispatcher may not be able to locate You if Your location information is not up to date.

Correctness of information: As described more fully below, You are responsible for providing, maintaining, and updating correct contact information (including name, business or residential address including the floor or suite/apartment/unit number (the “Registered Location”), and telephone number) with each device under Your account.  If You move Your service, access the service from a different physical location or otherwise change where You are using the service, You are responsible for promptly updating the Registered Location information.  If You do not correctly identify the actual location where You are located, or if Your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have Your number or contact information.  If You are inadvertently disconnected, You must call back immediately.

Connection time: For technical reasons, including network congestion, it is possible that a 9-1- 1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to those listed below under “911 Limitations and Restrictions.”

Alternate services: If You are not comfortable with the limitations of 9-1-1 emergency calls, Company recommends that You terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

Inform other users: You are responsible for notifying, and You agree to notify, any user or potential users of Your VoIP services, in a clear and conspicuous manner, of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

911 LIMITATIONS AND RESTRICTIONS.

  1. 911 SERVICES ARE NOT AVAILABLE FOR INBOUND-ONLY PLANS. FOR THOSE TWO-WAY OR OUTBOUND ONLY SERVICES THAT INCLUDE A 911/E911 COMPONENT, THE SERVICE 911/ E911 COMPONENT DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS TRADITIONAL WIRELINE 911/ E911 SERVICES AND IS SUBJECT TO CERTAIN LIMITATIONS AND RESTRICTIONS INCLUDING THOSE DESCRIBED HEREIN. YOU AGREE TO NOTIFY ANY POTENTIAL USER OF THE SERVICES OF THE 911/ E911 LIMITATIONS DESCRIBED HEREIN. COMPANY RECOMMENDS THAT CUSTOMERS PURCHASE ALTERNATE MEANS OF ACCESSING TRADITIONAL 911/E911 SERVICES. YOU ACKNOWLEDGE, AND ARE HEREBY ON NOTICE, THAT THE 911/E911 PORTION OF THE SERVICES WILL NOT FUNCTION OR WILL NOT FUNCTION PROPERLY FOR ANY OF THE REASONS DETAILED BELOW:
  1. Loss or interruption of electrical power at the user’s location. The user will not be able to use the Service (including to call 911) during a power interruption or outage. Following the power interruption or outage, the user may be required to reset or reconfigure the Service prior to being able to use the Service, including to call 911.
  2. Loss or interruption of Internet access at the user’s location.
  3. Failure of the user’s broadband or VoIP hardware (including without limitation phones).
  4. Failure of the user’s broadband or VoIP software (including without limitation soft phones).
  5. Improperly installed or configured user broadband or VoIP hardware (including without limitation Phones).
  6. Improperly installed or configured user broadband or VoIP software (including without limitation soft phones).
  7. Suspension, disconnection, or termination of the Service for any reason, including without limitation for failure to pay or default, or failure of the Service to function for any reason.
  8. Customer failure to provide Company with the physical location of the user, or failed to provide the correct physical location (i.e. the address is incorrect, incomplete, abbreviated, or misspelled).
  9. Customer failure to update the user’s physical location with Company when the user moved or changed location.
  10. The user attempts a 911 call from a location different than the location registered with Company.
  1. REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION. YOU ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF EACH USER’S PHONE OR SOFTPHONE (“EQUIPMENT”) WITH COMPANY after ORDERING THE SERVICEs AND UPON ADDING A USER/USERS TO AN EXISTING Company SUBSCRIPTION VIA ENTERING THE PHYSICAL LOCATION OF THE USER IN THE web-based Company ORDERING portal.

YOU ACKNOWLEDGE THAT THE PHYSICAL LOCATION REGISTERED FOR THE USER’S EQUIPMENT WILL BE THE LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER, AND THAT Company’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE THEN-CURRENT REGISTERED PHYSICAL LOCATION FOR THE USER’S EQUIPMENT. IF CUSTOMER DOES NOT ACCURATELY IDENTIFY A USER’S LOCATION UPON ORDERING THE SERVICE AND/OR DOES NOT UPDATE SUCH INFORMATION WHEN THE USER’S LOCATION CHANGES, 911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT EMERGENCY CALL TAKER. WHEN CUSTOMER NOTIFIES COMPANY OF A CHANGE IN THE REGISTERED LOCATION OF A USER, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO ROUTE 911 CALLS AND TO ADVISE THE APPROPRIATE EMERGENCY CALL TAKER OF THE NEW REGISTERED LOCATION.

REGISTERED LOCATION MAY UPDATED BY USE OF ONLINE PORTAL OR CALLING CUSTOMER SERVICE AT 405-413-7002.

  1. WARNING LABELS. COMPANY MAY PROVIDE CUSTOMER WITH LABELS WARNING THAT THE 911/E911 COMPONENT OF THE  SERVICE MAY BE LIMITED OR NOT AVAILABLE.  IF COMPANY ELECTS TO DO SO, YOU AGREE TO PLACE SUCH LABELS ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE SERVICE.
  2. ANY FAILURE BY COMPANY TO PROVIDE WARNING LABELS OR ELECTION NOT TO PROVIDE SUCH LABELS SHALL NOT LIMIT YOUR OBLIGATION TO PROVIDE CLEAR AND CONSPICUOUS NOTICE TO ALL USERS OF THE SERVICES UNDER YOUR ACCOUNT OF THE 911 LIMITATIONS AND RESTRICTIONS DISCLOSED HEREIN.
  3. ADDITIONAL 911/E911 LIMITATIONS. THE LOCAL EMERGENCY CALL TAKER RECEIVING THE 911 CALL MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN NUMBER OR LOCATION INFORMATION. THEREFORE, THE EMERGENCY CALL TAKER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE USER MAKING THE 911 CALL WHICH MAY DELAY OR PREVENT EMERGENCY SERVICES.  DUE TO TECHNICAL FACTORS IN NETWORK DESIGN AND IN THE EVENT OF NETWORK CONGESTION THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL, WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, WIRELINE 911 SERVICES.
  4. 911/E911 LIMITATION OF LIABILITY/INDEMNITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY AND its affiliates, officers, directors, employees, agents, LICENSORS, suppliers, and resellers (“911/E911 INDEMNIFIED PARTIES”) WILL HAVE NO LIABILITY to SUBSCRIBER, ITS USERS, OR ANY THIRD PARTY, AND SUBSCRIBER WAIVES ALL CLAIMS AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO SUBSCRIBER, ITS USERS, OR ANY THIRD PARTY’S INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER OR TO ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY SERVICES. SUBSCRIBER hereby releases and agrees to indemnify, defend, and hold harmless the 911/E911 INDEMNIFIED PARTIES from any and all claims, liability, damages, losses, expenses, and/or costs (including but not limited to attorneys fees and cost of suit) BY OR ON BEHALF OF CUSTOMER OR ANY THIRD PARTY OR USER arising from or related to the failure of 911/E911 to function or function properly or Company’s provision of 911/E911 services or failure to provide access to 911/E911 services.

 

End of Company E911 Disclosure Notice

This Privacy Policy was last updated May 2022.

Airosurf Communications, Inc. (“Airosurf,” “we” or “us”) designs and implements custom technology strategies and solutions (the “Services”).

This Privacy Policy contains important information on how we use, maintain and disclose personal information collected about you on our website as well as the Services provided on our website through the customer portal.  By accessing this website or providing information to us through this website, including our customer portal, you accept the terms of this Privacy Policy.

How we collect and use your personal information

Airosurf collects certain information from you when you contact us for sales or general inquiries, request information about Services, establish an account, request information, or ask to be included in an email or other contact list.  Through our website and customer portal, you may provide us with certain personal information in order to set up an account, contact us, request information, access information or subscribe to Services.  This information may include your first and last name, phone number, email address, mailing, service or other physical address, payment information (including credit or debit card information), and other information needed to provide you with the information or services you are requesting.  You may enter this information through our customer/billing portal, available at https://subscriptions.zoho.com/portal/airosurf/login.  We are not responsible for the privacy practices of third parties.  We encourage you to review the respective privacy policies of any such third parties.

When you browse our website, you do so anonymously.  As with most websites, our website collects certain information automatically, such as the internet domain from which you access our websites, IP address, the type of browser and operating system you use, the date and time of access, pages visited, and the address of the website from which you linked to our website.  Like many websites, our website uses cookies to collect information about how you use the website and to assist us in improving our website by understanding how it is used by customers.  We do not link this automatically collected data to any personal information. Please see below for more information about our cookies and tracking policy.

We may use the information we collect about your through our website to administer your account, improve Services, correspond with you, particularly when you submit an inquiry, or sign up to receive products or Services, or other communications and updates from us; to maintain the security and integrity of our website, products and Services; to administer, review and improve our website, products or Services; or, should you become a customer, for purposes permitted by your agreements with us, if any, to enable us to provide you with and bill you for certain products or Services.  Some products and services may be provided by third-party vendors, such as the manufacturers of various equipment or devices which may be purchased or leased from Airosurf.

We will not share or sell your personal information with third parties, other than to our marketing partners, agents, and dealers; third party telecommunications carriers and Internet backbone providers; vendors, licensors and suppliers, including payment processors, software or hardware providers, our customer portal host, and others who perform similar functions on our behalf and require such information to provide, bill for or maintain the products and services you have ordered; to protect our network and customers and the networks of our telecommunications carriers and Internet backbone providers; and as otherwise required or permitted by law.  In no event will Airosurf rent, sell or lease your personal information to third parties.

We may disclose your personal information when such disclosure is required or authorized by law through legal process, or when pertinent to judicial or governmental investigations or proceedings, to protect our legal rights, or to defend and protect the rights of others; in connection with a sale, purchase, merger, reorganization, liquidation or dissolution involving Airosurf; and when necessary to respond to an emergency, which includes protecting your safety or the safety of others.

Children

We are committed to protecting the privacy of children.  We do not knowingly attempt to solicit or receive information from children under the age of 13, nor send them requests for personal information.  In the event that we determine that we possess personal information from children under the age of 13, we will delete that information.

Cookies and Tracking Technology

Like many other websites, we use standard technology such as cookies, web beacons, and pixels (collectively, called “cookies” herein) to collect information about how you use our website. A cookie is a small data file that may be sent to your computer when you visit our website. A cookie is used to identify you when you use our website or return to our website. We use cookies to better serve our website users and help us improve your experience on our website. We may use session and persistent cookies—a session cookie enables certain features on our website, but is deleted from your computer when you end your browsing session, whereas a persistent cookie remains on your computer after you close your browser, and may be used by your browser on subsequent visits to our website.

Most web browsers allow you to control cookies through their settings tab.  You may also have the option to delete most cookies. By changing the settings of your browser, you may be able to effectively refuse or delete cookies, but that may affect the display function of certain features on our Website.

Response to “do not track” signals

We do not currently respond to “do not track” signals, as we are trying to provide you with a personalized experience.

How we protect your information

We make reasonable efforts to maintain the security of our servers and computer networks in order to help prevent the loss, misuse, and modification of the personal information we collect on our website. We protect the security of your personal information by using specialized software during the Service application process, enrollment, or when you pay for Services via our customer portal.   We also maintain reasonable administrative, technical, and physical safeguards to protect the personal information in our possession. We have established security protocols to ensure that we are doing our part to protect against any anticipated threats or hazards to the security and integrity of our systems.  Even though we take reasonable steps to maintain information security, and expect our vendors to do the same, we cannot guarantee the security of personal information.

You shall take reasonable steps to protect your personal and sensitive information, including being responsible for maintaining the confidentiality of their account login information and other passwords.

Changes and updates to this Privacy Policy

We will change and update this Privacy Policy from time to time.  When we do, the Privacy Policy version date, at the top of this page, will be updated to reflect that revision.  We encourage you to periodically re-read this Privacy Policy to see if any changes could affect you.

Questions, concerns or complaints

If you have any questions about this Privacy Policy, you can reach us by sending an email to info@airosurf.com or by calling 405-413-7002.