Pacific Admin & Management Services, LLC (“PAMS”) Internet User Agreement

Read This User Agreement Carefully Before Using Our Internet Services.

The terms and conditions of this Agreement shall govern the relationship between Pacific Admin and Management Services, LLC (“PAMS”), its principals, partners, clients, associates, supervisors, employees, directors, shareholders, agents, and assigns affiliates, and/or subsidiaries (collectively "Provider") for the benefit of a subscribing tenant of a PIP, Inc/sfrent.net, LLC managed property ("User").  Provider provides its Internet access services, as they may exist from time to time ("Services") to certain qualified Users who establish an Internet account with Provider. By establishing an Internet account or using any software provided, developed, licensed or owned by Provider (the "Software"), User agrees to be bound by this Agreement and to use the Services in compliance with this Agreement and other Provider policies posted on Provider web site.  

Subscription Requirements

Users must be at least 18 years old, and must be a qualified tenant of a property managed by PIP, Inc./sfrent.net, LLC, which are authorized agents of Provider. User’s identification and contact information must fully match the authenticating information on record at PIP, Inc.sfrent.net, LLC.   Access points or enabled venues may not be available in all areas. Only individuals authorized by Provider or Provider’s agent will be eligible for Internet account access. Any other persons must get express written authorization from Provider.  During the testing phase, users will not be charged a fee for Services or be charged nominal fees at Provider’s sole discretion; however, at the conclusion of the testing phase Provider may charge a fee for the Services.  Provider shall not be obligated to provide notice of the conclusion of the test phase to User.  

Payment Obligations of User

Users will be required to (1) provide Provider and Provider’s Agent with accurate and complete personal information including legal name, e-mail address, physical address, telephone numbers and credit card/billing information, and (2) report separately to Provider and Provider’s Agent all changes to all information in (1) above within 30 days of the change.

Users having questions regarding an internet account should contact

If a User becomes delinquent on any other accounts it has with Provider or other Provider Affiliated company, the User’s internet account may be suspended or canceled at Provider's sole discretion, without refund of unused pro-rata portions.

User's Internet Account, Password and Security

Upon registration, User will receive a username and password. User is the only authorized User of User’s Provider internet account and User must comply with this Agreement. User should keep User’s password confidential so that no one else may access the Services through User’s internet account. User must notify Provider immediately upon discovering any unauthorized use of User’s internet account. In case of any unauthorized use, the account will be canceled without prior notice and any fees paid will be forfeited.

User agrees to log off if the wifi access is not actively in use. User agrees not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.  User also agrees not to provide any public information services over a wireless LAN connection, or use this account for commercial purposes. This WiFi access is designed for typical email and web-surfing use, and not for media-rich applications, which will unreasonably burden the broadband capacity available to other users. Provider reserves the right to limit upload and download speeds and capacity to Users without prior notice.

User names and passwords are Provider's property and Provider may alter or replace them at any time.

 

Monitoring the Services

Provider has no obligation to monitor the Services, but may do so and may disclose information regarding use of the Services for any reason if Provider, in its sole discretion, believes that in doing so it will be complying with local, state, or federal laws or administrative regulations, or will be complying with any other legitimate governmental purpose, or to operate the Services properly, or to protect itself and/or its Users. 

Disclaimer of Warranties, Limitation of Liability, and User Obligations

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PROVIDER, PROVIDER DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO USER. PROVIDER HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. USER ASSUMES FULL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PROVIDER MAKES NO EXPRESS WARRANTIES AND USER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH PROVIDER OR THE INTERNET GENERALLY. 

USER EXPRESSLY ACKNOWLEDGES THAT THERE ARE RISKS TO USE OF THE SERVICES AND ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND UNDERSTANDS, ACKNOWLDGES AND AGREES THAT PROVIDER DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY PROVIDER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.   ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF PROVIDER’S AGENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSTRUED AS WARRANTIES OF ANY KIND BY PROVIDER.   

PROVIDER AND ITS PRINCIPALS, PARTNERS, CLIENTS, ASSOCIATES, SUPERVISORS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, AND ASSIGNS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USER’S USE OF THE SERVICES OR INABILITY TO ACCESS THE SERVICES, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

IN ANY EVENT, PROVIDER'S CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL BE TO RECOVER THE ACTUAL DAMAGES USER INCURS BASED UPON REASONABLE RELIANCE ON THE SERVICES AND/OR LICENSED PROGRAMS, LIMITED TO THE MOST RECENT PERIODIC DOLLAR AMOUNT PAID TO PROVIDER FOR SUCH SERVCIES FOR THE THEN-CURRENT TERM. 

 

Acceptable Use Policy

All Users of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services.

However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Provider to liability or may violate this AUP. Provider may cooperate with legal authorities and/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/or Provider internet account or other actions as detailed below. 

The following constitute examples of violations of this AUP.  This list is not all-inclusive. You agree to not use the Services to:

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(2) harm, or attempt to harm, minors in any way;

(3) impersonate any person or entity or falsely state or otherwise misrepresent User’s 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;

(4) transmit any material (by uploading, posting, email or otherwise) that User does 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 non disclosure agreements);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) 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;

(7) 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;

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(9) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, 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;

(11) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent, or engage in any action that would compromise the privacy of any User;

(12) resell the Services without Provider's express written authorization;

(13) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Provider requests that anyone who believes that there is a violation of this AUP direct the information to Provider via email at [email protected] If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) 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.

Provider may take any one or more of the following actions, or other actions not listed, at Provider's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the User's internet account; (3) terminate the User's internet account; (4) bill the User or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (6) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Term of Agreement

Though any continued use of the Services constitutes acceptance of this Agreement and any future versions, User may be required to log in and re-register for the Services on a periodic (i.e., daily, weekly, monthly, quarterly, annual) basis, as determined by Provider in its sole discretion, at which time the old agreement will terminate and a new agreement will commence.  In addition, if User ceases to be a tenant at eligible properties of Provider’s agents, any active agreement between User and Provider shall terminate as of the date User ceases to be a tenant of Provider’s agent with no refund to User of any pro rata amounts User may have paid to Provider for the term of the agreement.  If User is dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, User’s sole and exclusive remedy is to discontinue using the Services and terminate User’s internet account.

 Legal Notices

All content included on this Web site, if applicable, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of Provider or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of Provider is strictly prohibited.

Provider is committed to complying with U.S. copyright law and expects all of our Users to do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If User believes that any material contained on this Web site infringes User’s copyright, User promises to notify Provider of User’s copyright infringement claim within 48 hours in accordance with the following procedure.

Provider will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Provider's designated agent who is:

[email protected]

 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Provider to locate the material; (4) Contact information of the complaining party; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (6) 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.

 

Termination

Without prior notice, Provider may terminate this Agreement, User’s password, User’s internet account and/or User’s use of the Services, for any reason, including, without limitation, if Provider, in its sole discretion, believes User has have violated this Agreement or any of the applicable User policies, or if User fails to pay any charges when due. Provider may provide termination notice to User by: email addressed to User’s email internet account or by US Mail or courier Services to the address User provided for the Services. All notices to User shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier Services.

Sections of this Agreement relating to (1) User’s payment obligations, (2) User’s internet account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement.

Assignment

User may not assign his/her rights under this Agreement without Provider’s prior written consent.

Notice to California Residents

Under California Civil Code Section 1789.3, Users who are residents of California are entitled to certain consumer rights information such as contact information of the provider of Services and any changes to the consumer imposed by such provider. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916)445-1254.

Jurisdiction

This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in San Francisco, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. User consents to the personal jurisdiction of such courts sitting in San Francisco, California with respect to such matters or otherwise between User and Provider, and waives User’s rights to removal or consent to removal. Except as otherwise provided in this Agreement, and unless prohibited by law, any controversy, claim, or dispute must be brought by User within one (1) year of the date User is entitled to assert any such claim.

Agreement to Arbitrate                       
User and Provider agree that both parties will mutually benefit from a procedure for resolving legal disputes that may arise between them and that might otherwise become the subject of litigation, in an expeditious, cost efficient, fair, and impartial manner, and therefore agree, on their own behalves and on behalf of their respective agents and assigns, that all potentially litigable claims or controversies arising from User’s subscription to Provider’s Services shall be submitted to binding arbitration before a mutually acceptable arbitrator.  If User and Provider cannot agree upon an arbitrator, the claim or controversy shall be arbitrated by a single arbitrator appointed by the American Arbitration Association. 
User and Provider shall each pay their respective attorneys’ fees and costs for the arbitration. 
Any claim must be brought within 30 days after the event or incident for which a claim is being sought.

The arbitration shall commence within 90 days after either party demands arbitration pursuant to this agreement, or within such other time as the parties may mutually agree.  The arbitrator shall render a written decision within 30 days following conclusion of the hearing.  The arbitrator shall have the power to award all relief that would otherwise be available in court.  The arbitrator shall also be entitled to award attorney's fees, arbitration fees, and other costs in favor of the prevailing party, in accordance with applicable law. 

This agreement to arbitrate includes all claims against Provider or its partners, associates, supervisors, employees, agents, or assigns in connection with User’s use of the Services. 

Miscellaneous

Providers Web site on the World Wide Web at the domain www.pamswifi.com or any other site operated by Provider is a complimentary information service offered by Provider at no charge to User. Provider may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Provider of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Your posting of material on the Web site or providing material to Provider to use on the Web site will be deemed to be a grant by you to Provider of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

This Agreement, the Privacy Policy and Provider's other User policies posted on Provider's Web site constitute the entire agreement between User and Provider with respect to User’s use of the Services. Provider’s Privacy Policy is located at www.pamswifi.com/privacy Provider may revise, amend or modify this Agreement, the Privacy Policy and any other User policies and agreements, at any time and in any manner. Provider’s failure at any time to require strict performance by User or any other licensees of any of the provisions herein shall not waive or reduce Provider’s right to thereafter require strict compliance with any provisions of this Agreement.

Users:  check the box “I Agree” to confirm you have read and understand this Agreement and Provider’s Privacy Policy and agree to it.