UNIFI COMMUNICATIONS PBC
LARK LIMITED WARRANTY
Unifi Communications PBC d/b/a Unifi (“Unifi”, “we” or “us”) warrants to the initial purchaser (“Purchaser”) that each new Device (as defined below), will be free from material defects for sixty (60) days from the date of purchase.
1. WHAT DOES THIS LIMITED WARRANTY COVER? This limited warranty covers any material defects in the following “Lark” mobile broadband Internet hotspot device purchased by Purchaser (the “Device”).
2. WHAT IS NOT COVERED BY THIS WARRANTY? This limited warranty does not cover any problem with the Device that is caused by accident, abuse, misuse, negligence, modification, or improper maintenance or installation. In addition, this limited warranty does not cover any Device that has been damaged by causes external to the Device (including, without limitation, failure of or faulty electrical power) or that has been used in violation of Unifi’s instructions for use.
3. HOW LONG DOES THE COVERAGE LAST? This limited warranty lasts for a period of sixty (60) days from the date of purchase. A Device that is repaired or replaced hereunder will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
4. WHAT WILL UNIFI DO IF THERE IS A MATERIAL DEFECT? If there is a material defect in the Device, Unifi will repair or replace the Device (which decision shall be at Unifi’s sole discretion and may include refurbished parts or devices) at Unifi’s cost. However, this warranty does not cover shipping costs or any labor or other costs to remove the Device or install a repaired or new Device. Unifi’s repair or replacement of the defective Device is Purchaser’s sole and exclusive remedy for breach of this Limited Warranty. Further, IN NO EVENT WILL UNIFI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO DATA OR IMPAIRMENT OF OTHER ASSETS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT PURCHASER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE PURCHASER.
5. CAP ON LIABILITY. IN NO EVENT WILL THE TOTAL LIABILITY OF UNIFI ARISING OUT OF OR IN CONNECTION WITH THE DEVICE EXCEED THECOST OF REPLACING THE DEVICE.
6. OTHER RIGHTS UNDER THIS LIMITED WARRANTY? This warranty gives the Purchaser specific legal rights, and the Purchaser may also have other rights which vary from state to state. Additionally, this warranty covers all material defects in the Device itself and warranty service is not conditioned in any way upon Purchaser purchasing service from any particular utility company or third party.
HOW TO GET SERVICE. To request a repair or replacement under this limited warranty, the Purchaser should contact Unifi at [PHONE NUMBER], Unifi.com/[ ] or ____________________, ____________ Attn: [ ] and obtain instructions for returning the defective Device for repair or replacement. Purchaser may be required to provide proof of purchase to obtain warranty service.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AS TO THE DEVICE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF QUIET ENJOYMENT, DATA ACCURACY AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. UNIFI MAKES NO WARRANTY THAT THE DEVICE WILL MEET THE NEEDS OR REQUIREMENTS OF THE PURCHASER, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY THE PURCHASER, THAT THE DEVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. ALL IMPLIED WARRANTIES ARE LIMITED TO THE TERM AS THE LIMITED WARRANTY SET FORTH ABOVE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE PURCHASER.
Unifi Communications PBC
Acceptable Use Policy
Last Updated: [__________]
Welcome to the Unifi Communications PBC d/b/a Unifi (“Unifi”) Acceptable Use Policy, which describes the guidelines applicable to your use of the services provided by Unifi (“Unifi Services”). You are responsible for ensuring that your use of the Unifi Services, including any content that you provide, upload, or otherwise make available to the Unifi Services (“User Content”), complies with these guidelines. As a subscriber to the Unifi Services, you acknowledge and agree that you have read, understood and agree to this Acceptable Use Policy.
1. No Infringing, Illegal, Threatening, Defamatory, and Offensive Uses. You shall use the Unifi Services to violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority. Without limiting the foregoing, You shall not use the Unifi Services for, or in connection with, the following:
• Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
• Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
• Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
• Deceptive practices such as posing as another service for the purposes of Phishing or Pharming.
• Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion.
• Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2. Security and Interference. You shall not use the Unifi Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, the Unifi Services. You shall not use the Unifi Services in a manner that interferes with any other party’s ability to use and enjoy the Unifi Services, that interferes with Unifi’s or its service partners’ ability to provide the Unifi Services, or that otherwise may create legal liability for Unifi or its service partners in Unifi’s sole discretion. You shall not use the Unifi Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider. Without limiting the foregoing, you shall not use the Unifi Services for, or in connection with, the following:
• Hacking, cracking into, or otherwise using the non-public areas of the Unifi Services or any other system without authorization.
• Unauthorized probes or port scans for vulnerabilities.
• Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.
• Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.
• Unauthorized network monitoring or packet capture.
• Forged or non-standard protocol headers, such as altering source addresses.
• Denial of Service (DoS) attacks of any kind.
• Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
• Operating network Unifi Services such as: open proxies; open mail relays; or open, recursive domain name servers.
• Sharing or publishing content from the Unifi Services to cause, or have the consequence of causing, the user of the content to be in violation of the terms and this Acceptable Use Policy.
3. “Spam.” You shall not use the Unifi Services for purposes of distributing e-mail “spam,” bulk unsolicited instant messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which you have no preexisting business or personal relationship. Additionally, you shall not use the Unifi Services to collect responses from spam. You shall not harvest, collect, gather or assemble information or data of users, including e-mail addresses, without their consent. Without limiting the foregoing, you shall not use the Unifi Services for, or in connection with, the following:
• Sending pyramid schemes.
• Sending chain letters.
• Sending any mail in contravention of the CAN SPAM Act of 2003 or other applicable state or federal laws and regulations.
• Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.
4. Copyright Policy. If Unifi receives a notification of claimed copyright or trademark infringement with regard to User Content, whereby the notification includes: a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; specific identification of the copyrighted, trademark or patented work claimed to have been infringed, or if multiple works are covered by a single notification, a list of each work claimed to have been infringed; information related to the work(s) reasonably sufficient for Unifi to promptly locate the work (e.g. title of work, URL location) within the Unifi Services; information reasonably sufficient to permit Unifi to directly contact the complaining party, such as a complete name and address, telephone number and/or email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent or the law; a statement requesting that Unifi take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then Unifi will take appropriate actions under the Digital Millennium Copyright Act and/or other applicable intellectual property laws, which may including disabling or removing the User Content from the Unifi Services and/or suspend or terminate the provision of the Unifi Services to you and withhold User Content until the matter has been fully resolved by all parties and such resolution has been submitted in writing to Unifi on terms mutually acceptable to Unifi, or if court action of legal jurisdiction determines otherwise.
5. Violations. If you becomes aware of any violation of this Acceptable Use Policy by any third party, you shall promptly report such violation to Unifi.
6. Changes to Policy. This Acceptable Use Policy is subject to occasional revision, and if Unifi makes any substantial changes to this Acceptable Use Policy, Unifi will notify the you and/or prominently post notice of the changes on the Unifi web site (the “Unifi Website”). Any material changes to this Acceptable Use Policy will be effective upon the earlier of thirty (30) calendar days following the notice to you or thirty (30) calendar days following Unifi’s posting of notice of the changes on the Unifi Website. If you do not agree to any changes to this Acceptable Use Policy, you must notify Unifi prior to the effective date of the changes. Continued use of the Unifi Services, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.