Access to Wi-Fi
This Wi-Fi service is a free public non-commercial Wi-Fi service offered in certain locations throughout the United States (“This Wi-Fi”). The Wi-Fi equipment and services are voluntarily provided by individual Helium Mobile Hotspot owners (“Owners”) and enabled through technology provided by Nova Labs, Inc., dba Helium Mobile, located at 2115 Festival Plaza Dr., Suite N2500, Las Vegas, Nevada, United States (“Helium Mobile”).
By using This Wi-Fi, you agree to be bound by the terms and conditions below (the “Wi-Fi Terms of Service”). In addition to the language below, the Wi-Fi Terms of Service include Helium Mobile's Terms and Conditions and Helium Mobile's Privacy Notice. The Helium Mobile Terms and Conditions and Privacy Notice apply to your use of This Wi-Fi as if the terms “Nova Labs, Inc.,” “we,” “us,” and “Company” in the Helium Mobile Terms and Conditions and Privacy Notice meant Helium Mobile and the term “Company Services” and “Services” meant This Wi-Fi. In the event anything in the Helium Terms and Conditions and Privacy Notice conflicts with any of the Wi-Fi Terms of Service below, the Wi-Fi Terms of Service take priority. Together, the Wi-Fi Terms of Service and Helium Mobile Terms and Conditions and Privacy Notice are referred to herein as the “Terms”.
Your access to This Wi-Fi is completely at the discretion of the Owners and Helium Mobile, and your access to This Wi-Fi may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of the Terms, actions that may lead to liability for the Owners and/or Helium Mobile, disruption of access to other users or networks, or violation of applicable laws or regulations. Helium Mobile may revise the Terms at any time.
You must accept the Terms each time you use This Wi-Fi and it is your responsibility to review it for any changes each time.
This is an open wireless network. No network communication is 100% secure.
Please remember:
NO network communication should be considered private or protected. All communication over this Wi-Fi is subject to monitoring.
If you choose to use other services (such as an application or website) while using This Wi-Fi, your use of those services will be governed by the terms and conditions provided to you in association with those services.
The Owners and/or Helium Mobile reserve the right to reduce throughput or access as need be.
Except as provided in “Disclaimer of Warranties” below, nothing in these Terms will be deemed to confer any third-party rights or benefits.
Privacy and Security
Helium Mobile may collect information about your usage of This Wi-Fi, such as when and for how long you use the network and the frequency and size of data transfers. Helium Mobile may also collect information about the geographic locations of these Wi-Fi nodes through which you connect to the network. For more information about how Helium Mobile collects, uses and shares information, please see the Helium Mobile Privacy Policy.
You understand that This Wi-Fi, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. Helium Mobile will not be liable to you or any other party for any lack of security that may result from your use of This Wi-Fi, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device.
Helium Mobile does not exercise control over other services you may use while using This Wi-Fi. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.
You must have a wireless-enabled device to connect to This Wi-Fi.
You must provide your name, email address, and residential zip code in order to access This Wi-Fi.
Helium Mobile will assign you a temporary IP address each time you access This Wi-Fi. You may not program any other IP or MAC address into your device that accesses This Wi-Fi.
You may not use This Wi-Fi for improper activities. Examples of improper activities include, without limitation:
modifying, adapting, translating, or reverse engineering any portion of This Wi-Fi;
reselling, renting, sharing or distributing any aspect of This Wi-Fi;
attempting to break security, access, tamper with or use any unauthorized parts of This Wi-Fi or any third party devices, accounts, equipment or networks;
removing any copyright, trademark or other proprietary rights notices contained in or on This Wi-Fi;
attempting to collect or maintain any information about other users of This Wi-Fi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
logging onto This Wi-Fi under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other users' enjoyment of This Wi-Fi;
using This Wi-Fi to transfer technology, software or other materials in violation of applicable export laws and regulations;
transmitting content that falsely expresses or implies that it is sponsored or endorsed by Helium Mobile, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
transmitting any software, firmware, and/or hardware viruses, worms, defects, Trojan horses or other items of a destructive nature;
using This Wi-Fi to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
using This Wi-Fi for any unlawful, harassing, abusive, criminal or fraudulent purpose, including, without limitation, hacking, spamming, and accessing illegal content.
You are responsible for your conduct and the conduct of anyone who uses This Wi-Fi via your device. Helium Mobile reserves the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Google or any other person from harm). For more information, see the Helium Mobile Privacy Policy.
Termination
Helium Mobile reserves the right to terminate access to This Wi-Fi- and/or your use of This Wi-Fi, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Helium Mobile to you will terminated.
Content Disclaimer
Helium Mobile does not control and is not responsible for third-party data, content, services, or products that you access or download through This Wi-Fi. Helium Mobile may, but is not obliged to, block data transmissions to protect Helium Mobile, This Wi-Fi network, or the public.
Disclaimer of Warranties
Helium Mobile, the Owners, their employees, affiliates, suppliers and licensors (the “Disclaiming Parties”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through This Wi-Fi. The Disclaiming Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Disclaiming Parties disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through This Wi-Fi.
YOU UNDERSTAND AND AGREE THAT (A) THIS Wi-Fi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THIS Wi-Fi, (C) THE DISCLAIMING PARTIES HAVE NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THIS Wi-Fi, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS Wi-Fi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Without limiting the foregoing, under no circumstances will the Disclaiming Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Indemnity
You agree to hold harmless and indemnify the Disclaiming Parties from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of This Wi-Fi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Helium Mobile will provide you with written notice of such claim, suit or action.
Miscellaneous Provisions
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Helium Mobile agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any legal matter arising from these Terms or This Wi-Fi. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms (including Helium Mobile's Terms of Service) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Helium Mobile.