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LEGAL INFORMATION:
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Terms of Service

Effective June 29, 2005

IMPORTANT NOTICE: BY ACTIVATING OR USING THE CLEARWIRE SERVICE OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW. PLEASE READ THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW CAREFULLY AS THEY, AMONG OTHER THINGS, ESTABLISH YOUR LIABILITY FOR THE EQUIPMENT (Sec. 4 and Sec. 5), REQUIRE TERM COMMITMENTS (Sec. 23), IMPOSE EARLY CANCELLATION FEES (Sec. 23), AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Sec. 35). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW, YOU MAY NOT USE THE CLEARWIRE SERVICE OR EQUIPMENT.

This is your agreement with Clearwire LLC (“Clearwire,” “we,” “our,” or “us”) for the provision of fixed wireless broadband services (the “Service”) in accordance with the order form submitted by you to Clearwire (the “Order Form”), the Terms and Conditions set forth below (the “Terms”), Clearwire’s Acceptable Use Policy and such other policies as Clearwire may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at the Clearwire website at www.clearwire.com. Additional terms, restrictions, and limitations may be set forth in authorized service plan descriptions provided to you by Clearwire or posted at www.clearwire.com (each, a “Service Plan”), and all such terms, restrictions, and limitations are incorporated herein by reference and you agree these are binding upon you. If the Service, in whole or in part, is subject to any tariffs filed by Clearwire (“Tariffs”), then you further agree that such Service will also be governed by the terms of any such Tariffs. The Order Form, Terms, Policies, any applicable Tariffs, and the Service Plans together constitute your agreement (the “Agreement”) between you and Clearwire. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of the Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to Clearwire. Current versions of Clearwire’s Terms, applicable Policies, and Service Plans can be found at www.clearwire.com. By (a) initiating, activating or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement (i.e., the Order Form, the Terms, your Service Plan, any applicable Tariffs, and the Policies) (or ratified any previous consent to the same). As these provisions of the Agreement may be updated from time to time, you agree to regularly check your postal mail, e-mail and all postings on the Clearwire website at www.clearwire.com or on another website about which you have been notified and bear the risk of failing to do so. You acknowledge that you have read and understood, and you agree to, each of the provisions of the Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by its terms. The Agreement governs both the Service and any Equipment (as defined below) used in conjunction with the Service. The Agreement applies to you and to anyone who uses the Service or Equipment sold or rented to you. You agree Clearwire may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date posted to the “Service Announcements” section of Clearwire’s website (currently located at http://www.clearwire.com). Such changes will become binding on you on the date posted to the Clearwire website and no further notice by Clearwire is required.

1. Service, Payments and Invoices. You agree to purchase and pay for the Service identified in the Order Form, which will be binding on you together with other provisions in the Agreement if signed with a written or electronic signature delivered to Clearwire or its agent, if you electronically accept the provisions, either directly or indirectly (e.g., by requesting another, including Clearwire or its agent, to do so on your behalf), or by your activation or use of the Service through the Equipment or otherwise.

a. Credit, Debit and Check Card Payments. Upon accepting your Order Form, Clearwire will bill you for the Equipment (defined below), installation fees, activation fees, and a prorated fee for the first month of Service (if applicable), and will bill you (or notify you of charges to be applied to your credit, debit or check card (“Card”) up to thirty (30) days in advance of the first day of the month for which the charges relate thereafter for recurring monthly charges during the Initial Term and any Renewal Term(s). You agree to pay all of the fees and charges described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Service. Unless otherwise agreed in advance through a written or non-electronic communication between you and Clearwire, Clearwire will bill you for all fees and charges relating to the Equipment or the Service by charging the Card account you authorized and provided to Clearwire (if your Card issuer is acceptable to Clearwire). Your card issuer agreement governs use of the Card in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. You will promptly notify Clearwire of any changes to your Card account information, or in the event that the Card is terminated or you decide to change Card accounts. Fees and charges for Service are contained in the Order Form, and may be modified by Clearwire with thirty (30) days written notice to you, including notice by electronic mail. Your use or ability to use the Service for more than twenty (20) days after notice of any modified charges constitutes your agreement to accept the modified charges. You will remain responsible for all charges not honored by your Card issuer. Delinquent accounts are subject to immediate suspension or termination of the Service at the sole discretion of Clearwire. In the event of such suspension or termination, all fees and charges (including Early Termination Fees) will become immediately due and owing together with any collection costs and/or fees incurred by Clearwire, including attorneys’ fees, and Clearwire will be at liberty to pursue all rights and remedies it may have at law or in equity. Clearwire will attempt to notify you on a commercially reasonable basis in advance of suspension, termination, and collection actions, but you agree Clearwire is not required to make contact prior to taking such actions. To reestablish Service suspended or terminated for delinquency, you must pay all past due amounts in full and you may be charged a $25 activation fee and may be required to prepay fees.

b. Cash Payments. Clearwire may make the Service available through advance cash payments (“Cash Payments”) instead of Card payments. Upon accepting your Order Form for Cash Payments, You will prepay three (3) months in advance for the Service, including any applicable fees for Equipment (defined below), installation fees, activation fees, and other applicable fees, together with a deposit (“Deposit”) in the amount of $180. Within no later than seven (7) days prior to the end of each three-month period during the Initial Term and any Renewal Term(s), you agree to prepay an additional three (3) months in advance for the Service (and including any applicable Equipment (defined below) and other applicable monthly fees), and to continue such payments in advance of each subsequent three-month period for the Service during the Initial Term and any Renewal Term(s). Clearwire may discontinue Cash Payments for the Service at any time in its sole discretion. Except to the extent prohibited by law, your Deposit may be commingled with other funds and will not earn interest. You may not use the Deposit to pay your bills or delay payment, but Clearwire may apply the Deposit to any fees or charges that you owe Clearwire. If Service is terminated for any reason, any Deposit will be applied toward amounts you owe Clearwire at or after termination. Any remaining Deposit will be returned to you at your billing address. You are responsible for providing correct and updated billing address information to Clearwire. Except to the extent prohibited by law, Clearwire will not refund any Deposit balances of $5 or less unless you contact us in writing to request it. Clearwire will hold any unused balance of the Deposit for you for up to one (1) year (without accruing interest for your benefit), but you forfeit to us any portion of the money left after one (1) year. You also forfeit any money that the U.S. Mail cannot deliver and returns to us. You agree to pay all of the fees and charges described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Service. Fees and charges for Service are contained in the Order Form, and may be modified by Clearwire with thirty (30) days written notice to you, including notice by electronic mail. Your use or ability to use the Service for more than twenty (20) days after notice of any modified charges constitutes your agreement to accept the modified charges. Delinquent accounts are subject to immediate suspension or termination of the Service at the sole discretion of Clearwire. In the event of such suspension or termination, all fees and charges (including Early Termination Fees) will become immediately due and owing together with any collection costs and/or fees incurred by Clearwire, including attorneys’ fees, and Clearwire will be at liberty to pursue all rights and remedies it may have at law or in equity. Clearwire will attempt to notify you on a commercially reasonable basis in advance of suspension, termination, and collection actions, but you agree Clearwire is not required to make contact prior to taking such actions. To reestablish Service suspended or terminated for delinquency, you must pay all past due amounts in full and you may be charged a $25 activation fee and may be required to prepay additional fees or additional Deposit amounts.

2. Billing Disputes. Subject to applicable law, you must notify Clearwire in writing within twenty (20) days after receiving your Card statement if you dispute any Clearwire charges on that statement or such dispute will be deemed waived. You may only dispute charges that you believe are a result of a billing error or a problem relating to the Service. Subject to applicable law, Clearwire will resolve all billing disputes in its sole discretion.

3. Payment/Late Fees. Clearwire may terminate your Service at any time in its sole discretion, if any charge to your Card on file with Clearwire is declined or reversed, your Card expires and you have not provided Clearwire with a valid replacement Card, or in case of any other non-payment of account charges, including not receiving full and timely Cash Payments. If Clearwire terminates your Service for a Card that is declined, canceled or expired, reversed charges or non-payment, or for failure to make full and timely Cash Payments, you are still fully liable to Clearwire for all fees and charges accrued before termination and for all costs incurred by Clearwire in collecting such amounts, such as (but not limited to) collection costs and/or fees, including attorneys’ fees. Charges not honored by your Card issuer or Cash Payment not fully and timely made will be considered delinquent, and you agree to pay a late fee equal to 1.5% or $5 per month (or portion of a month), whichever is greater, on any past due balances until paid, subject to the highest amount permitted by law. Except to the extent prohibited by law, this late fee may be charged regardless of any disputes you may have raised regarding your invoiced charges.

4. Equipment Provided - Purchase. As specified on your Order Form, Clearwire will sell to you, and you will purchase from Clearwire, a subscriber unit and related cabling (collectively, the “Equipment”). Clearwire warrants that all Equipment purchased from Clearwire will be substantially free from material defects in material and workmanship, under normal use and in compliance with Clearwire’s instructions, for a period of one (1) year from the date you receive the Equipment (“Purchase Limited Warranty”). All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted as provided in these Terms. This Purchase Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions provided by Clearwire or available at www.clearwire.com, or actual or attempted alteration of or additions to the Equipment not approved by Clearwire, all as determined in the sole discretion of Clearwire. Clearwire will have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is Clearwire’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. This Purchase Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is further subject to the exclusions and limitations in Section 25 below. You may not sell, encumber, or otherwise transfer the Equipment to others without Clearwire’s prior written consent. If you sell, encumber or otherwise transfer the Equipment, to the maximum extent permitted by applicable law, any warranties will automatically and immediately terminate. Any repair, upgrade, or replacement of the Equipment following one (1) year after activation of Service, resulting from defects in the Equipment or from any other cause, will be your responsibility.

5. Equipment Provided - Rental . If you rent any Equipment from Clearwire, as specified on your Order Form, Clearwire will retain title to and ownership of such Equipment at all times. You must return all rented Equipment in good working order to Clearwire upon the termination or expiration of the Agreement or upon the request of Clearwire. Failure to return the rented Equipment to Clearwire in good working order upon request will result in a charge to the Card account that you have provided, for the amount listed on the Order Form, which you acknowledge is a reasonable estimation of the replacement cost of the Equipment. Clearwire warrants that all Equipment rented from Clearwire will be substantially free from material defects in material and workmanship under normal use in compliance with Clearwire’s instructions for a period of one (1) year from the date you receive the Equipment (“Rental Limited Warranty”). All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted as provided in these Terms. This Rental Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions published by Clearwire or available at www.clearwire.com, or actual or attempted alteration of or additions to the Equipment not approved by Clearwire, all as determined in the sole discretion of Clearwire. This Rental Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is subject to the exclusions and limitations in Section 25. Clearwire may periodically replace, upgrade, repoint, or otherwise modify any rented Equipment, and will repair or replace (as Clearwire deems appropriate in its sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Service. Clearwire will have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is Clearwire’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. You may not modify any rented Equipment in any way. You may not sell, encumber, or otherwise transfer the Equipment to others without Clearwire’s prior written consent. In the event of any damage to the Equipment not a direct and sole result of Clearwire’s act or omission, Clearwire reserves the right to charge you for the actual cost of repair of the Equipment or a $300 replacement fee for the Equipment.

6. Installation. As necessary, Clearwire or its authorized contractor may install the Equipment at your location (the “Premises”) for the installation charges noted on your Order Form. In addition, the provision of Service to your Premises may require additional antennas, equipment, or installation activities beyond those specified in your Order Form. In the event that such additional equipment or installation activities are required, and you elect to accept Service despite the need for such additional equipment or installation activities, you will be responsible for all applicable additional charges. If you purchase additional Equipment from Clearwire, including an internal or external antenna and additional connection cabling, you may request Clearwire or its authorized contractor to install such Equipment at the Premises as specified in the Order Form, or you may provide for your own installation. Clearwire warrants that any installations performed by Clearwire will be free from defects in material and workmanship for a period of one (1) year from the date of the installation (“Installation Limited Warranty”). This Installation Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other documentation, or actual or attempted alteration of or additions to the Equipment not approved by Clearwire, all as determined in the sole discretion of Clearwire. This Installation Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is subject to the exclusions and limitations in Section 25. By authorizing installation, you represent and warrant to Clearwire that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service, including securing riser or roof rights, if necessary. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work, or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment or the Premises are not prepared to accept installation of the Equipment and Service, Clearwire may charge you a fee to recover any costs associated with an additional installation appointment. Clearwire will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, cable wiring, or antenna mounting brackets, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment (including antennas and related cabling) at the end of the Term for any reason. You agree to defend, indemnify and hold Clearwire, its affiliates and their agents harmless from any claims or liabilities associated with Clearwire’s installation of Equipment, including, but not limited to, claims by any owner of the Premises. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

7. Clearwire’s Responsibilities. Subject to your compliance with the Agreement, Clearwire will provide you with wireless connections to the Clearwire network. Clearwire’s responsibility for the Service ends at the Clearwire Equipment. In the event that you request a professional installation from Clearwire, Clearwire will install the Equipment as provided above, and configure one computer using its Ethernet port. Clearwire will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of Service, including your internal network. Clearwire will provide customer care support during its standard business hours for performance and operational issues related to the Clearwire network. Please contact Clearwire Customer Care as set forth at www.clearwire.com.

8. Your Responsibilities. If needed, you are responsible for providing access to the Premises as scheduled with Clearwire for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of Clearwire in connection with the Equipment and Service. You are responsible for ensuring that your equipment has the minimum hardware and operating system requirements necessary to use the Equipment and Service. You are responsible for integrating and troubleshooting your local area network and internal network, as necessary. Clearwire will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse Clearwire for any loss or damage to any rented Equipment, reasonable wear and tear excepted. In accessing the Service, you agree to utilize the troubleshooting guides and user information provided by Clearwire or available at www.clearwire.com prior to contacting Clearwire Customer Care. Clearwire Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to the Clearwire network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and Clearwire determines that the problem is your responsibility, Clearwire reserves the right to charge your Card or require full payment in another form for the cost of the service call. You are liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you (“Users”). You will assure that your or Users’ use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Clearwire reserves the right to terminate or suspend affected Service, and/or remove your or any other User’s content from the Service, if Clearwire determines that such use or content does not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with Clearwire’s ability to provide Service to you or others or receives notice from anyone that your or Users’ use or content may violate any laws or regulations. Clearwire’s actions or inaction under this Section will not constitute review or approval of your or Users’ use or content. You will defend, indemnify and hold Clearwire, its affiliates, and their agents harmless against any and all liability arising from the content transmitted by or to you or to Users using the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

9. Credits . No credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time that you report the interruption to Clearwire. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at your written request, for an amount not to exceed the prorated monthly charges for your Service during the affected period. The credit will be available only where the interruption is in no part due to your acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by Clearwire. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within sixty (60) days of the commencement of the interruption. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Clearwire instructions or the terms stated at www.clearwire.com, or actual or attempted alteration of or additions to the Equipment or Service (sometimes collectively referred to herein as the “Products”) not approved by Clearwire, or from any problems with third party network elements that are not within the control of Clearwire, all as determined in the sole discretion of Clearwire.

10. Intended Use of the Service. You may not reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, directly or indirectly transfer, distribute or exploit any portion of the Service without Clearwire’s prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by Clearwire’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages Clearwire’s property or interferes with or disrupts Clearwire’s network or other users or subscribers. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of Clearwire’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Service for other Clearwire customers, all as determined in Clearwire’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that Clearwire detects excessive use by you, Clearwire may restrict your access to Clearwire’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. Clearwire has the right but not the obligation to restrict any uses of the Equipment or Service that Clearwire believes in its sole discretion violate the Agreement or applicable law.

11. Content and Materials Accessible on the Internet. You acknowledge that there are materials and content on the Internet or otherwise accessible through the Service which may not be in compliance with all federal, state, and local laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. Clearwire assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk. If you decide to let children under the age of eighteen access the Service, Clearwire strongly recommends that you supervise their usage.

12. Illegal and Fraudulent Activity. You acknowledge that Clearwire may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security requirements may incur criminal and/or civil liability. Clearwire may immediately suspend or terminate your Service if Clearwire suspects abuse or fraudulent use of the Service, interference with our network, or violation of the Agreement. You will cooperate with us in any fraud investigation and use any fraud prevention measures Clearwire prescribes. Your failure to provide reasonable cooperation may result in your liability for all fraudulent usage.

13. Privacy; Monitoring the Service. Clearwire is under no obligation to monitor the Service, but Clearwire may do so from time to time. You agree that Clearwire may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, legal process or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect Clearwire’s property or legal interests and those of its subscribers, and others or to ensure your compliance with the Agreement. Please see Clearwire’s Privacy Policy at www.clearwire.com.

14. Use of Service and Equipment Outside the United States. Clearwire may support the use of its Equipment and Service by customers located in other countries. If your or any Users’ removal of the Equipment from the United States violates any export control law or regulation, you will be solely liable for such violation and agree to defend, indemnify and hold Clearwire, its affiliates, and their agents harmless against any and all liability for such violation. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

15. Loss of Service Due to Power Failure. You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service.

16. Copyright/Trademark/Firmware/Software. The Service and Equipment and any firmware or software used to provide the Service, or embedded in the Equipment, or used in connection with the Service, and all Service, information, documents and materials delivered to you by Clearwire or located on Clearwire’s website are protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of Clearwire are and will remain the exclusive property of Clearwire and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You agree that the Equipment is exclusively for use in connection with the Service. You will not use the Service except by means of the Equipment. If you decide to use the Service using equipment not provided by Clearwire, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service and you agree to defend, indemnify and hold Clearwire, and its affiliates, and their agents harmless against any and all liability arising out of your use of such equipment with the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason. You will not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

17. Tampering with the Equipment or Service. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from Clearwire in each instance which Clearwire may deny in its sole discretion. In addition, y ou will not service, alter, modify or tamper with the Equipment or with the Service, or permit any other person (unless authorized by Clearwire) to do so.

18. Theft of Equipment or Service. You agree to notify Clearwire immediately, in writing or by calling the Clearwire customer support line, if the Equipment is stolen or if you become aware at any time that the Service is being stolen or fraudulently used.

19. Service Distinctions. You acknowledge and agree that the Service is not a telephone service. Important distinctions exist between telephone service and the Service offering provided by Clearwire. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.

20. Back Up. You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither Clearwire, its affiliates, nor their subcontractors or equipment vendors will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service.

21. Retention of Rights; Network Address Ownership. Nothing contained in this Agreement will be construed to limit Clearwire’s and its affiliates’ rights and remedies available at law or in equity. The internet protocol (“IP”) addresses that Clearwire assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to Clearwire upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of Clearwire’s business. You will not assign to any other person the IP address assigned to you. You will not program any other IP address into the Equipment.

22. Credit Reporting Agencies. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes. Upon receipt of adverse credit information about you at any time, Clearwire reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option.

23. Initial Term and Renewal Terms/Termination/Early Termination Fee. You will maintain Service for the duration of any minimum Initial Term (as set forth on the Order Form). If during the Initial Term or any Renewal Term (defined below) you decide to change to another Clearwire plan with different rates or features, then you agree that Clearwire may restart the Initial Term or any Renewal Term, as applicable, from the beginning of such change in plan. After any Initial Term, Service will automatically continue and will renew for additional consecutive one-year periods or such other periods as set forth on the Order Form (each a “Renewal Term”), unless terminated as provided in these Terms. You may terminate the Service at the end of the Initial Term or at the end of any Renewal Term, by contacting Clearwire’s Customer Care department as set forth at www.clearwire.com and giving notice of termination at least sixty (60) days in advance of the next scheduled renewal date. In order for your notice of termination to be effective, you must provide notice in writing to Clearwire at Clearwire LLC, Attention: Customer Care Department, 5808 Lake Washington Blvd NE, Suite #300, Kirkland, WA 98033, or such other addresses that Clearwire may specify. If you terminate your Service for any reason or your Service is terminated by Clearwire for any violation of the Agreement prior to the end of the Initial Term or any Renewal Term, you will be liable for an early termination fee of $180, or such other early termination fee as may be specified on your Order Form. Upon termination of this Agreement, unless you purchased the Equipment as provided above, you will be responsible for the costs and risks associated with returning the Equipment to Clearwire. You must return the rented Equipment to Clearwire in good working order, reasonable wear and tear excepted, in accordance with Clearwire’s return policy set forth at www.clearwire.com. If you do not immediately return the Equipment in good working order, you shall owe Clearwire an amount of $300, which you agree is an appropriate charge in light of the value of the Equipment. In such cases, you agree that Clearwire may charge your Card account (if applicable) $300 and that you otherwise agree to pay Clearwire the $300 if a Cash Payment customer. Upon termination or expiration of this Agreement for any reason, Clearwire and its suppliers reserve the right to delete all your data, files, electronic messages or other information that is stored on Clearwire’s or its suppliers' servers or systems. Clearwire, its Affiliates and their suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses.

24. Termination/Suspension/Discontinuance and Reactivation of Service. Clearwire reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion. If Clearwire discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of the Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any Policy of Clearwire or of a third party provider to which Clearwire is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the early termination fee set forth in these Terms, all of which immediately become due and payable. Clearwire may, but is not required to, reactivate your Service after Service has been suspended or terminated in accordance with this subsection. BEFORE SERVICE MAY BE REACTIVATED, YOU MUST PAY TO CLEARWIRE ALL PAST DUE AMOUNTS AND LATE PAYMENT FEES PLUS A REACTIVATION CHARGE PER ACCOUNT AND APPLICABLE TAXES. Clearwire may modify the terms of Service before reactivating your Service and may require you to provide us with a deposit.

25. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY. (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 4, 5 AND 6, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND EQUIPMENT ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CLEARWIRE DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARWIRE ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR AGAINST INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY CLEARWIRE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY CLEARWIRE. NEITHER CLEARWIRE NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, CLEARWIRE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE CLEARWIRE’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, MATERIAL CHANGES IN APPLICABLE LAW OR REGULATION, OR DECREE OF ANY COURT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE CLEARWIRE NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF CLEARWIRE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH MEASURES ARE EMPLOYED, CLEARWIRE CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.

(B) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLEARWIRE NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO CLEARWIRE HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS; OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT CLEARWIRE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES . In ADDITION, ThESE exclusionS and limitationS will apply even if any remedy fails of its essential purpose. . IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH CLEARWIRE, OR CLAIM AGAINST CLEARWIRE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY (IF ANY) WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE, LIMITED TO THE AMOUNT AND EXCLUSIONS SET FORTH HEREIN. Some states do not allow the exclusion or limitation of incidental or consequential damages, or other modifications of or limitations to certain remedies, so the above exclusion or limitation may not apply to you, in whole or in part.

26. Privacy. Clearwire Service utilizes, in whole or in part, the public Internet and third party networks. Clearwire is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our privacy policy applicable to you at www.clearwire.com for additional information.

27. Place of Primary Use. In order to determine which jurisdiction’s taxes and other assessments to collect, federal law may require Clearwire to obtain your Place of Primary Use (“PPU”), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use. This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify Clearwire promptly of any change to your PPU.

28. Complaint Resolution/Notices. In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact Clearwire Customer Care as set forth at www.clearwire.com. Clearwire may require you to describe the matter in writing. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to Clearwire will be effective when directed to Clearwire’s Customer Care Department and received at the address set forth at www.clearwire.com. Except as provided in these Terms, notices must be in writing to be effective. Notices sent by e-mail to you at the e-mail address stated in the Order Form will constitute written notice.

29. Amendments. Subject to applicable law, Clearwire may in its sole discretion amend any part of the Service or provision of the Agreement. Clearwire will provide notice to you of any material modification. Such notice will be effective by posting it on the Clearwire website at www.clearwire.com or on another web site about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address on Clearwire’s account records. You agree that any one of the foregoing will constitute sufficient notice. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement by written or e-mail notice as provided in these Terms within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after Clearwire provides notice as specified above of a material modification, and do not provide termination notice to us within the specified time period as provided in these Terms, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, Clearwire may revise any Policy at any time, and such revisions will be effective immediately upon posting on Clearwire’s website, or providing written notice, whether electronic or otherwise, to you.

30. Indemnification . You will defend, indemnify, and hold Clearwire, its affiliates, and their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the “Clearwire Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the Clearwire Parties resulting from, arising out of the Agreement, the Service, the Equipment, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use of the Equipment or the Service. You also agree to pay Clearwire’s reasonable attorneys’ and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This paragraph will survive termination or expiration of the Agreement for any reason.

31. Assignment and Successors in Interest . All of the provisions of the Agreement will be binding upon, inure to the benefit of, and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or Clearwire’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of Clearwire. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, Clearwire may assign or otherwise transfer its rights and obligations under the Agreement without restriction.

32. Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Note that inquiries relevant to the following procedure only will receive a response. Click here for Notice and Procedure for Making Claims of Copyright Infringement.

33. Other Agreements or Warranties . Other services (such as Clearwire Wi-Fi) or products may come with separate written terms or conditions and warranties that govern their use or purchase. Please see those other agreements or warranties for your rights and duties regarding such use.

34. Entire Agreement/Severability. This Agreement, including the Order Form, the Terms, your Service Plan, applicable Tariffs, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

35. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO CLEARWIRE UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE KING COUNTY, WASHINGTON, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND CLEARWIRE WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY CLEARWIRE. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND CLEARWIRE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT CLEARWIRE FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.

Copyright © 2005 Clearwire Corporation. All rights reserved.

 

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