- Acceptance of Terms
- Services and Content
By subscribing to Marketing Messages, you consent to receiving up to three (3) SMS marketing messages per month from 47227.
To opt in to receive Marketing Messages from Boingo, send the word BOINGO to 47227. You may also opt in to receive Marketing Messages by selecting the appropriate option therefor in your Boingo account profile. To discontinue receiving Marketing Messages, send the word STOP to 47227 at any time. For help or Information on these text message communications, send HELP to 47227. For additional assistance, contact our Customer Care team 24/7 at 866-726-4646. Boingo may discontinue the Marketing Message program at any time.
Message and data rates may apply to Marketing Messages; Boingo does not have any control over these rates, nor any other obligations you may have to your carrier in connection with your text messaging service. You understand and agree that Marketing Messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive Marketing Messages is not required to make a purchase.Marketing Messages may not be available for your particular carrier. Participating carriers currently include: AT&T, Verizon Wireless, Sprint, T-Mobile, Metro PCS, U.S. Cellular, Boost Mobile, Virgin Mobile, and Tier 2/3 Carrier Group. T-Mobile is not liable for delayed or undelivered messages, nor is Boingo or any other carrier.
If you provide us with your mobile phone number in your account profile, you understand and agree you may receive Informational Messages until you opt out as described in these terms. To discontinue receiving Informational Messages from Boingo, send the word STOP to 54921 at any time. For help or information on these text message communications, send HELP to 54921. For additional assistance, contact our Customer Care team 24/7 at 1-866-726-4646. Boingo may discontinue the Informational Message program at any time.
Message and data rates may apply to Informational Messages; Boingo does not have any control over these rates, nor any other obligations you may have to your carrier in connection with your text messaging service. You understand and agree that Informational Messages sent to your mobile phone/device may be generated using automated technology.
Informational Messages may not be available for your particular carrier. Participating carriers currently include: AT&T, Verizon Wireless, Sprint, T-Mobile, Metro PCS, U.S. Cellular, Boost Mobile, Virgin Mobile, and Tier 2/3 Carrier Group. T-Mobile is not liable for delayed or undelivered messages, nor is Boingo or any other carrier.
Informational Messages are not an emergency service, and you should not rely on them for emergency notifications.The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Boingo or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, Boingo may revoke your right to so link at any time, at Boingo’s sole discretion. Boingo reserves the right to require prior written consent before linking to the Services. You understand that all information publicly posted or privately transmitted through the Services, and any information or content you access through using the Services to access the internet (including content on any website you may visit) (“Public Content”) is the sole responsibility of the person from which such content originated and that Boingo will not be liable for any errors or omissions in any content. You understand that Boingo cannot guarantee the identity of any other individuals or entities with whom you may interact in the course of using the Services. Additionally, Boingo cannot guarantee the authenticity of any data which individuals or entities may provide about themselves. You acknowledge that all Content or Public Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Boingo may – but is not obligated to – block your access to certain Public Content that it deems illegal, that violates any person’s or entity’s rights, or that may endanger the safety of any person. However, Boingo is not responsible for any Public Content whatsoever, including any Public Content that you believe should have been blocked by Boingo. You hereby release Boingo from any liability in connection with your access to or failure to access any Public Content. Under no circumstances will Boingo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- Limited, Single Copy License
- General Website Disclaimer
- Limitation of Liability
- Personal Information
- Acceptable Use
- Links to Other Sites/Endorsements of Other Products
- Access to Password-Protected or Secure Areas
- Product and Performance Information
- Trademarks and Patents
- Export Laws
- U.S. Government Restricted Rights
- Term and Termination
- Applicable Laws and Enforcement
- Copyright Infringement
- Both you and Boingo acknowledge that this Agreement is concluded between you and Boingo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Boingo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Boingo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Boingo acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Boingo acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
Acceptable Use PolicyBy viewing the Boingo Website and/or using the Software and/or Services, you agree to the following AUP:
- Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, Boingo may remove, block, filter or restrict by any other means any materials that, in Boingo’s sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and your Boingo account or other actions as detailed below. When you use the Services, the third-party from whom Boingo has obtained the right to access the applicable hotspot at which the Services are being used is an intended third-party beneficiary of this AUP.You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.You understand and agree that Boingo shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
- Without limiting the foregoing, except to the extent expressly set out in this Services Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services, Software and/or Boingo Website:
- to transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
- to harm, or threaten to harm, minors in any way;
- to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
- to transmit any Material (by uploading, posting, email or otherwise) in breach of this Services Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- to transmit or download any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;
- to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- to hack into or otherwise gain unauthorized access to the Boingo Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Boingo Website or any other website or damage or destroy the reputation of Boingo or any third party;
- to intentionally or unintentionally violate any applicable law, regulation, judgment, court order, statue or mandatory requirement of any competent authority, including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- to “stalk” or otherwise harass, threaten, or violate the rights of others, or collect, store, or process personal data about third parties without their knowledge or consent;
- in any way we consider is an excessive use of the Services’ resource; this includes, but is not limited to, the continued use of programs or commands which take a large amount of the Services’ resources, be that processor time, memory, and/or network bandwidth on the Services;
- to resell or advertise to resell the Services without Boingo’s authorization; or
- use the Services as a replacement for residential or commercial Internet access (except for individual Boingo Broadband account holders) or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server, the determination of which, in each case, may be made by Boingo in its sole discretion;
- customers are not permitted to schedule or program automated logins to the Services.
- connections to a wireless network are not intended for secure communications. You agree to transmit any secure communications at your own risk.
- Boingo requests that anyone who believes that there is a violation of the AUP direct the information to the appropriate contacts set forth in this Services Agreement. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
- Boingo may take any one or more of the following actions, or other actions not listed, at Boingo’s sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account or the Services (as applicable); (iii) terminate your account or the Services (as applicable); (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.