RTO Wireless d/b/a Ambient Broadband

Service Terms and Conditions Agreement 

The following Terms and Conditions apply to all services, technical support and equipment (collectively, “Service”) offered by RTO Wireless (“RTO”) d/b/a Ambient Broadband.   

1. Scope of Agreement.  This Service Terms and Conditions Agreement (“Agreement”) is entered into by Customer and RTO, and sets forth the terms and conditions pursuant to which you agree to use the Service and under which RTO agrees to provide the Service to you.  Customer is deemed to have accepted this Agreement by submission of an order, and/or use of the Service.

2. Service.

i. The term “Service” as used in this Agreement means  RTO’s wireless internet broadband service during a limited trial period or under a subscription agreement on a continuous basis, including all equipment, technical support, products and services provided by RTO.

ii.  You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete.  You agree that you are responsible for all use on your account.  You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account. 

3. Access to Premises.  Customer understands and agrees that RTO will not enter onto a Customer premise without the presence of an adult 18 years of age or older and that Customer must be present for the duration of the installation.

Customer grants to RTO or any duly authorized agent an irrevocable license to enter upon Customers premises at reasonable hours with reasonable notice to install, maintain and remove any equipment necessary for RTO’s provision for service to Customer or other Customers.

4. Availability of Service.

i. All Service is provided on an “AS IS” and “AS AVAILABLE” basis, and throughput speeds and availability of your Service are not guaranteed.

ii. RTO or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and other control.

iii. Equipment supplied by RTO to access your Service remains the property of RTO and, in the event of any cancellation or termination of your Service for any reason (whether initiated by you or by RTO), you are required to promptly return all Equipment to RTO in the same condition in which it was delivered to you (ordinary wear and tear excepted). You will be invoiced for any Equipment that is not returned to RTO in such condition within 30 days of cancellation or termination of your Service. 

5. Acceptable Use Policy.  RTO will not tolerate any unlawful activity or abuse on our wireless Internet Service and network. We respect freedom of speech and expression, unless it is harmful to others. This policy is intended to protect you, other RTO customers, and us from such harm.

i. E-mail Policy: RTO may not be the source, intermediary, or destination address involved in the transmission of any unsolicited e-mail, e-mail bombs, hate e-mail, or any mass e-mail. Your e-mail account may not be referenced as originator, intermediary, or reply-to address of such e-mail.  RTO accepts no responsibility for viruses that may be transmitted to you via e-mail, ftp, http or any other means of electronic transfer. Maintaining updated antivirus software is the subscriber’s responsibility.

ii. Privacy Policy:  RTO is committed to respecting the privacy of our customers.   The personal information you provide to us in order to set up your Service and e-mail account(s) is used by us solely to provide you with access to the Service and, when applicable, to facilitate accurate account billing. We do not sell our customer lists or any customer’s personal information to others, for any reason. Additionally, we do not monitor our customers’ e-mail content or track their movements on the Internet.  We will do everything possible to protect your privacy and will not subject you to outside marketing. Information about RTO Service customers will be released only to the customer, to the appropriate RTO employees, or to duly authorized officers of the state and federal courts, or investigating authorities who present the proper legal documents.

iii. Spam Policy:  RTO is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit spam, (i.e. any unsolicited mass, segmented, or individualized commercial e-mail) from being sent over (from or through) the RTO network by our customers.

iv. Content Policy:  All Services provided by RTO may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted or trademarked material, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Customer agrees to indemnify and hold harmless RTO from any claims resulting from the use of the service that damages the Customer or any other party. Pornography and sex-related links or merchandising is prohibited on all RTO networks. This includes sites that may infer sexual content, or links to adult content elsewhere. RTO will be the sole arbiter in determining violations of this provision.

6. Term and Termination.

i. Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Section 1 above, and shall continue in effect until terminated by either party as permitted by this Agreement. Termination of Service.

ii. Either Customer or RTO may terminate your Service without cause by giving written notice to the other. Sections 3, 4, 5, 7, 8 and 9 survive  termination or expiration of this Agreement. If you received Equipment at no charge from RTO, you will be required to return the Equipment to RTO within 30 days.  Equipment must be adequately packaged and mailed, or hand delivered, to RTO Wireless, LLC, 945 Concord St. Framingham, MA 01701.

iii. If, in the sole discretion of RTO: (a) you are in breach of any of the terms of this Agreement (including but not limited to any policies regarding abuse and acceptable use of the Service); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, RTO’s network, or the use and enjoyment of other users; (c) RTO receives an order from a court to terminate your Service; and/or (d) RTO for any reason ceases to offer a Service entirely or in a particular geographic area or specific location, then, in any such case, RTO at its sole election may terminate or suspend your Service immediately without notice. 

7. Limitations On Use of the Service.

i. You acknowledge and agree that the service supplied hereunder is provided on an “AS IS,” “AS AVAILABLE” basis, with all faults. Except as otherwise specifically set forth in this agreement and as otherwise specifically set forth in any manufacturer warranty for any equipment provided by RTO (but only if such warranty is included with such equipment), RTO, its parent, subsidiaries, affiliates, licensors, service providers and suppliers (including its global service providers), and their respective officers, directors, managers, employees and agents (for purposes of Section 7 of these terms of service, all of the foregoing parties are referred to collectively as “RTO”), disclaim any and all warranties for the service, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, quality, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute. RTO does not warrant that the operation or use of the service will be timely, secure, uninterrupted or error-free, or that the service will meet your requirements. No advice or information given by RTO or its representatives shall create a warranty. Use of RTO technical support is at your own risk and is not warranted.

ii.  RTO does not warrant or guarantee that service can be provisioned to your location, or that provisioning will occur according to a specified schedule, even if RTO has accepted your order for broadband wireless service. The provisioning of service is subject to network availability, signal quality, and other factors, including without limitation, your computer/device configuration and capabilities. In the event your service is not provisioned for any reason, neither you nor RTO shall have any duties or obligations under this agreement (other than your obligation to return any RTO-provided equipment).

iii. RTO does not warrant that the service or equipment provided by RTO will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. RTO shall not be liable for loss of your data, or if changes in operation, procedures, or services require modification or alteration of your equipment, render the same obsolete or otherwise affect its performance. RTO makes no warranty regarding any transactions executed using the service or the internet. RTO makes no warranty regarding the content and information accessed by using the service or any links displayed. You expressly assume all risk and responsibility for use of the service and the internet generally. You acknowledge and agree that (i) the service is not designed for use in any environment requiring fail-safe performance, such as in medical or hospital services, police or fire services, or other environments in which the failure of the service could lead to death, personal injury, severe physical or environmental harm, or damage to property, and (ii) RTO shall not be liable for any damages or losses resulting from using the service in any such environment.

iv. In no event shall RTO be liable for: (a) any direct, indirect, special, punitive, exemplary, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if RTO has been advised of, or otherwise should have anticipated, the possibility of such claim for damages, or (b) any claims against you by any other party.

v. If, notwithstanding the limitation of liability set forth in section 7. iv above, RTO is found liable for any loss or damage relating to your use of or inability to use the service, you agree that RTO’s aggregate liability for any and all losses and damages shall in no event exceed one hundred dollars ($100.00).

vi. The remedies expressly set forth in this agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you.

vii. RTO reserves the right to pursue any and all legal and equitable claims against you pertaining to your use or misuse of the service or for your breach of the agreement (including any policies relating to the service).

8. Indemnification.  You agree to defend, indemnify and hold harmless RTO from and against any and all losses, claims, liabilities, costs and expenses, including reasonable attorney’s fees and disbursements, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); or (d) claims for infringement or misappropriation of any intellectual property rights or other rights arising from your (or any parties who use your account, with or without your permission, to access the Service) use or misuse of the Service or the Internet.

9. General Provisions.

i. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, shall survive such termination, cancellation or expiration. Without limiting the generality of the foregoing, the parties specifically agree that Sections 3, 4, 5, 7, 8 and 9 of these Terms and Conditions shall so survive.

ii. RTO will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

iii. You and RTO agree that the substantive laws of the State of Maine, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement and the Service.

iv. Refunds are handled on a case by case basis. For questions, concerns, disputes, etc., please contact us directly at support@ambientbroadband.com.