Schedule 1: Ubiquiti Wireless Data Service

Last Modified: May 15, 2019

If Customer subscribes to the Ubiquiti Wireless Data Service, Customer agrees to the following additional terms and conditions:

  • Customer acknowledges that the wireless communication network underlying the Service is provided by Provider’s partners (collectively, the “Wireless Providers”) and Customer acknowledges and agrees that:
    • The Wireless Providers may interrupt the Services at any time and for any period of time for any reason, including, but not limited to the following: (i) any conduct that violates the Wireless Providers’ policies; (ii) any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of Wireless Providers’ employees or representatives whether it be in person, over the phone, or in writing; (iii) any abusive use of Wireless Providers’ network or the Services; (iv) any use of the Covered Products and/or Services for an unlawful or fraudulent purpose; (v) any use of the Covered Products and/or the Services in any way that: (1) is harmful to, interferes with, or negatively affects Wireless Providers’ network, customers, or the network of any other provider, (2) is harmful to, interferes with, or negatively affects Wireless Providers’ services or operations, (3) infringes intellectual property rights of the Wireless Provider, (4) results in the publication of threatening, offensive or illegal material, or (5) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; (vi) any resale of the Services either alone or as part of any other good or service; (vii) any failure to make all required payments when due or any required advance payment or deposit; (viii) any provision of inaccurate or misleading credit information; or (viii) any modification of the Covered Product from its manufacturer's specifications.
    • Customer is not acquiring the Service for the purposes of re-licensing, resale or redistribution of wireless service;
    • Provider and the Wireless Providers are not responsible for the selection, supply, installation, operation, or maintenance of any device, product, equipment or software owned or licensed by Customer and used in connection with the Services;
    • The Wireless Providers reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the wireless network without any notice;
    • Unless expressly set out in the Agreement, Provider and the Wireless Providers make no representations, warranties, covenants or guarantees relating to: (a) network transmission capacity; (b) whether data will be transmitted in an uncorrupted form; (c) the security of any transaction, communication, facility or service; (d) the fault tolerance of the Services or the suitability of same for high risk activities; (e) the compatibility of the Services or the facilities (including Subscriber Identity Module, the “SIMs” or related devices and associated firmware and software) with Customer’s use, including Customer’s content, data, programs or transmissions; or (f) devices and telephone numbers, or other third party supplied components.
    • The Service does not extend to any maintenance, repair, rearrangement, alteration, modification or adjustment which becomes necessary due to, resulting from or in any way related to, damage, misuse or failure on Customer’s part. In addition, in the event of the interruption, failure or breakdown of the Services or the wireless network, or the loss or spoiling of Customer’s programs or data, Provider and Wireless Providers make no warranty that any of them will be restored. Customers assume full responsibility for backing up Customer’s own files and preserving Customer’s own data.
    • Coverage locator maps depict predicted and approximate wireless coverage. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Even within a coverage area, there are many factors, including Customer’s equipment, terrain, proximity to buildings, foliage, and weather that may impact service.
  • Customer may not (and may not allow allow any third party to):
    • decompile, disassemble, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the SIMs;
    • remove any product identification, copyright, or other notices;
    • modify, incorporate into, or with other software create a derivative work of any part of the SIMs;
    • modify or otherwise alter the operation of the SIMs, or program, reprogram, or tamper with the SIMs in any manner;
    • rent, lease, lend or provide commercial hosting services with the SIMs; or
    • insert the SIMs into devices bearing the mark of a network carrier, or that are purchased from a network carrier that have been packaged with such network carrier’s SIM.
  • Customer agrees and acknowledges that various components, functions, routines and/or portions of the SIMs may be protected by Intellectual Property Rights. No rights are granted under such Intellectual Property Rights to Customer and no right to repair or replace the SIMs is intended or provided and specifically, no right of reconstruction or repair is granted.
  • Customer expressly acknowledges that:
    • This Agreement does not create a contractual relationship between Customer and the Wireless Provider and the Customer is not a third party beneficiary of any agreement between Provider and the Wireless Providers. In any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Customer’s exclusive remedy for claims arising in any way in connection with the Agreement, for any cause whatsoever, including but not limited to any failure or disruption of Service provided hereunder, is limited to payment of damages in an amount not to exceed the amount paid by Customer to Provider for the Services during the twelve (12) months period preceding the date the claim arose.
    • The use of any information available through the Services is at Customer’s own risk and responsibility.
    • Customer has no property interest in any number assigned to it, and understands that any such number can be changed from time to time.
    • Customer understands that the Wireless Providers and Provider cannot guaranty the security of wireless transmissions, and will not be liable for any lack of security relating to the use of the Services.
    • The Service is for Customer’s use only and Customer may not resell the services to any other party.
    • Wireless
  • Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. Wireless Providers may block access to certain categories of numbers at their sole discretion. Wireless Providers may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to Customer. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. PROVIDER AND THE WIRELESS PROVIDERS DO NOT GUARANTEE UNINTERRUPTED SERVICE OR COVERAGE. WIRELESS PROVIDERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL THE WIRELESS PROVIDERS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
    • act or omission of a third party;
    • mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services;
    • damage or injury caused by the use of Services;
    • claims against Customer by third parties;
    • damage or injury caused by a suspension or termination of Services; or
    • damage or injury caused by failure or delay in connecting to any emergency service.
  • Unless prohibited by law, the Wireless Providers are not liable for any indirect, special, punitive, incidental or consequential losses or damages Customer or any third party may suffer by use of, or inability to use, Services, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
  • To the full extent allowed by law, Customer hereby releases, indemnifies, and hold Wireless Providers and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by the Wireless Providers or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE WIRELESS PROVIDERS, or any violation by Customer of this Agreement. This obligation shall survive termination of the Service.
  • PROVIDER AND THE WIRELESS PROVIDERS DO NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services.
  • Prohibited Activities: The Services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan. The following specific uses of the Wireless Providers’ wireless data service are prohibited: (i) the wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of the Wireless Providers’ wireless network or systems, or another entity's network or systems; (ii) that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either the Wireless Providers’ wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or “malware” that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user; and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail). The Services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions. The Services also may not be used with high bandwidth applications, services and content that are not optimized to work with the Wireless Provider’s wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
  • Customer agrees that Provider and the Wireless Providers may take any and all actions necessary to enforce Section 9 above, including but not limited to: (a) modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for the Service; (b) engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reduce Customer’s data throughput speeds at any time or place if the data usage exceeds an applicable, identified usage threshold during any billing cycle; (d) use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network, subject to Wireless Providers’ privacy policy; and (e) interrupt, suspend, cancel or terminate your wireless data services without advance notice.
Ubiquiti Services General Terms and Conditions

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