This is a contract between you and Air2Access, LLC (“Air2Access”, “we” or “us”) for wireless high-speed Internet access services and related services and features (which may include the use of a non-Air2Access network, e.g. roaming) (the “Service”) and any wireless local area network compatible equipment (“Unit”) purchased from us for use with the Service.

1. Agreements Governing Use of Service. These Air2Access Terms and Conditions ("T&C's"), any Air2Access Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account (see www.air2access.com or the Air2Access material you may have received in connection with your account) (together, the "Agreement"), govern the use of the Service and your Unit. Read below for terms that specifically apply to certain services or plans (e.g., prepaid, subscription, seasonal). THESE T&C'S SUPERSEDE ALL EARLIER VERSIONS. PLEASE READ THEM CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE

2. Acceptance of Agreement by Use/Activation.
BY USING/ACTIVATING THE SERVICE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE ON WHICH YOU ACCEPT THE T&C’S.

IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU SHOULD NOT USE THE SERVICE AND SHOULD CANCEL YOUR ORDER IMMEDATELY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WE WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES

Your electronic acceptance on our web site, your activation or use of the Service or your signature below constitutes your acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.

THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME.

3. Description of Service
We will provide the Service at locations (“Locations”) that have agreed to host a wireless access point system (the “System”) provided by us and which are operational. We do not screen or restrict access to any content placed on or accessible through the Internet. We also do not screen or restrict communications between parties via the Internet. You acknowledge that you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that we are not liable for any action or inaction with respect to any such content accessible through the System.

The Service may be linked to other websites that are not under our control and are not maintained by us. We are not responsible for the content of those sites. We are providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by us of those sites.

4. Service Availability
A Unit is required to enable the Service to operate. You may buy equipment from us, or from someone else. You must ensure your Unit is compatible with the Service. Availability and performance of the Service is subject to all memory, storage and other limitations in the Unit. Service is only available at Locations, and unless otherwise stated by us on our website or in writing, is not available outside the U.S.

Service is available to your Unit only when it is within the operating range of our System or of an operator with which we have an applicable roaming agreement (roaming may not be available with all plans). Locations are subject to change at any time without notice.

Actual service coverage, speeds, locations and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose credit, usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or our business.

Network speed is an estimate and is no indication of the speed at which your Unit or the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the Service by, among other things, changing or upgrading the 802.11b and 802.11g standard.

5. Use of Service
Unless otherwise set forth by us in writing, you are receiving a single user account solely for your use of the Service through one Unit per login session. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service.
You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Unit. You may not assign your log-in name, password or IP address to any other person or Unit.
You agree that we may access your Unit and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the Unit or network; enable, operate and update the Service and software; investigate activity that may be in violation of this Agreement; or to comply with law.
You agree not to use or attempt to use the Service, the Air2Access network or website, or your Unit for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: a. violating any applicable law or regulation; b. Posting or transmitting content you do not have the right to post or transmit; c. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; d. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; e. Attempting to intercept, collect or store data about third parties without their knowledge or consent; f. Deleting, tampering with or revising any material posted by any other person or entity; g. Accessing, tampering with or using non-public areas of the Service or any Air2Access website or our computer systems and network; h. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; i. Attempting to access or search the Service or any Air2Access network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; j. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail"; k. Using or attempting to use the Service or any Air2Access website to send altered, deceptive or false source-identifying information; l. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Air2Access website; m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Air2Access website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Air2Access website; or n. Impersonating or misrepresenting your affiliation with any person or entity.
If we suspect violations of any of the above, we may: a) institute legal action, b) immediately, without prior notice to you terminate the Agreement and the Service, c) terminate any other agreements between us and you and the Air2Access service provided under those agreements, and d) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
We reserve the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&Cs, including but not limited to any of the activities described in this section five (5). We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&Cs, including but not limited to those activities described in this section five (5) and any other activities that may subject Air2Access or its customers to liability. Air2Access disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Unit.

6. Your Responsibilities
You must (1) provide accurate and complete registration information, (2) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the System, (3) protect the password, username and security information you use to access the Services and notify Licensor immediately of any unauthorized use of your account, and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws.

You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the System and (2) all communications via the System. We do not undertake the security of any data you send through the System and it is your responsibility to secure such data.

7. Payment and Term
You shall pay all fees charged to your credit card (“Card”) for the Services based upon the Rate Plan you select, plus any applicable taxes and other fees imposed as a result of this Agreement. Charges may include, without limitation, monthly recurring charges for Service and, if applicable, roaming charges, excess usage charges, and additional features or services you have or use. Except as otherwise provided in your rate or service plan, monthly recurring charges are invoiced one billing cycle in advance and any portion of a monthly billing cycle is not prorated, but billed as a whole cycle. We may change your billing cycle at any time.

You understand that Service connection (and billing) starts at the time you log on to the Service and does not end until you properly log off and the network terminates the connection (after log off). If you (a) do not properly log off, (b) leave the coverage area during a session or (c) lose your connection for any reason, then billing will not terminate until at least several minutes after you lose your connection and you will be charged for this period. Some Units, such as personal data assistants and other handheld devices, may require you to remove your wireless card and turn off your Unit in order to properly terminate your connection. You should do so to ensure your connection is terminated.

If we have agreed that you may pay for charges with a Card, we will retain the card information in our records and will charge the Card, when we bill for the charges, for all amounts or other obligations incurred before termination.
IF YOU HAVE PURCHASED A MONTHLY SUBSCRIPTION PLAN, YOU AGREE THAT YOUR CARD WILL AUTOMATICALLY BE BILLED BY US EACH MONTH FOR THE DURATION OF YOUR SERVICE UNTIL THE AGREEMENT IS TERMINATED AS PROVIDED HEREIN.
IF YOU HAVE PURCHASED A PLAN WITH AIR PATH ALLIANCE (APA) OR NATIONWIDE ROAMING, ADDITIONAL CHARGES WILL APPLY IF YOU INITIATE A SESSION IN A LOCATION WHERE ROAMING FEES APPLY. You also authorize us to charge your Card at or after termination of Service to pay what you then owe (including, but not limited to, payment of any early termination fee). If you revoke authorization to charge your Card, or if for any reason your Card issuer does not pay us, we must receive payment from you on or before the due date, or you will be in default. Except as prohibited by law, charges, less disputed amounts, must be paid by the due date. You agree that (a) time is of the essence; (b) it would be impractical to fix the exact amount of our damages if you fail to pay promptly; and (c) in the event we do not receive payment by the due date, your payment is past due and you shall pay us default interest of the lower of 1.5% per month (or any portion thereof) of any past due amount until paid, or the highest amount permitted by law.
If you believe you have been incorrectly charged, you must notify us of such disputed charges within sixty (60) days from the date the disputed charges are first billed or you waive your right to dispute those charges. Please contact Air2Access Customer Care at 866-307-6848so that we can review your account. If you accept a credit to resolve an issue, you agree that the issue has been resolved. We may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: Air2Access Customer Care 1560 N. Sandburg Terrace, Suite 3115, Chicago, IL 60610. If it is determined that you owe any amount in dispute, that amount will be added to any current charges and must be paid by the due date. If we accept late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of our rights hereunder to collect all amounts that you owe us nor will it constitute an accord and satisfaction. We may charge you a fee of $20 or such amount as may be permitted by law for any Card amount rejected or check returned for insufficient funds.

8. User Sessions, Billing Periods and Billing Conventions
(a) If you purchase Hourly Access, the Agreement and the following apply to you.

When purchasing Hourly Access, you are responsible for paying all charges for using the Service.

An Hourly Access session may only be used within the first 60 continuous minutes immediately after initial login. If you are still connected to the network at the end of the sixty-minute period, you will be automatically logged out. Logging in to the Air2Access network anytime after the end of the sixty (60) minute period will result in your purchasing and being charged for an additional Hourly Access session.

YOUR USE OF THE SERVICE AT ANY TIME AFTER THE EXPIRATION OF YOUR INITIAL SIXTY (60) MINUTE PERIOD CONSTITUTES YOUR AGREEMENT TO PURCHASE AND PAY FOR ADDITIONAL HOURLY ACCESS SESSIONS. IF YOU DO NOT WISH TO PURCHASE ADDITIONAL HOURLY ACCESS SESSIONS, YOU SHOULD NOT LOG IN TO THE AIR2ACCESS NETWORK ONCE YOUR INITIAL SIXTY MINUTE SESSION HAS EXPIRED AND YOU SHOULD TERMINATE YOUR ACCOUNT AS DESCRIBED IN SECTION NINE (9).

The Service you purchase in the form of Hourly Access is non-cancelable and will expire within a certain time period. The expiration period and other details concerning Hourly Access will be disclosed in the Rate Plan Information you receive at the time of your purchase of your original hour of access. If you have any questions about Hourly Access, please contact Customer Care. You will not receive a monthly invoice or activity record for use of Daily Access. Hourly Access is non-refundable account balances become our property upon expiration or termination of the Service purchased, and will not be refunded.

(b) If you purchase Daily Access, the Agreement and the following apply to you.

When purchasing Daily Access, you are responsible for prepaying all charges for using the Service.

Daily Access may only be used within the first 24 continuous hours immediately after initial login. If you are still connected to the network at the end of the twenty-four (24) hour period, you will be automatically logged out. Logging in to the Air2Access network anytime after the end of the twenty-four (24) hour period will result in your purchasing and being charged for an additional Daily Access session. Logging in to the Air2Access network anytime after the end of the twenty-four (24) hour period will result in your purchasing and being charged for an additional Daily Access session.

YOUR USE OF THE SERVICE AT ANY TIME AFTER THE EXPIRATION OF YOUR INITIAL TWENTY-FOUR (24) HOUR PERIOD CONSTITUTES YOUR AGREEMENT TO PURCHASE AND PAY FOR ADDITIONAL DAILY ACCESS SESSIONS. IF YOU DO NOT WISH TO PURCHASE ADDITIONAL DAILY ACCESS SESSIONS, YOU SHOULD NOT LOG IN TO THE AIR2ACCESS NETWORK ONCE YOUR INITIAL TWENTY-FOUR (24) HOUR SESSION HAS EXPIRED AND YOU SHOULD TERMINATE YOUR ACCOUNT AS DESCRIBED IN SECTION NINE (9).

The Service you purchase in the form of Daily Access is non-cancelable and will expire within a certain time period. The expiration period and other details concerning Daily Access will be disclosed in the Rate Plan Information you receive at the time of your purchase of Daily Access. If you have any questions about Daily Access, please contact Customer Care. You will not receive a monthly invoice or activity record for use of Daily Access. Daily Access is non-refundable account balances become our property upon expiration or termination of the Service purchased, and will not be refunded.

(c) If you purchase a Season Pass, the Agreement and the following apply to you.

When purchasing a Season Pass, you are responsible for prepaying all charges for using the Service.

A Season Pass provides access from the later of May 1 or the date you sign up for service through November 15 of that same year.

The Service you purchase in the form of a Season Pass is non-cancelable and will expire within a certain time period. The expiration period and other details concerning a Season Pass will be disclosed in the Rate Plan Information you receive at the time of your purchase of the Season Pass. If you have any questions about your Season Pass, please contact Customer Care. You will not receive a monthly invoice or activity record for use of our Season Pass. A Season Pass non-refundable account balances become our property upon expiration or termination of the Service purchased, and will not be refunded.

(d) If you purchase a Subscription Rate Plan, the Agreement and the following apply to you.

The commencement time/date of the initial billing period under a subscription plan is the time/date that the registration process is successfully completed. Subsequent billing periods commence on each monthly anniversary of your registration. Monthly fees will be charged to your credit card on the date you register for the Services and then on each subsequent monthly anniversary date.

The early cancellation/termination fee disclosed when you signed up for your service will be charged should you chose to terminate your service before the end of the minimum contract period.

(e) If you purchase a Summer Pass, the Agreement and the following apply to you.

When purchasing a Summer Pass, you are responsible for prepaying all charges for using the Service.
A Summer Pass provides access from the later of June 1 or the date you sign up for service through October 15 of that same year.
The Service you purchase in the form of a Summer Pass is non-cancelable and will expire within a certain time period. The expiration period and other details concerning a Summer Pass will be disclosed in the Rate Plan Information you receive at the time of your purchase of the Summer Pass. If you have any questions about your Summer Pass, please contact Customer Care. You will not receive a monthly invoice or activity record for use of your Summer Pass. A Summer Pass non-refundable account balances become our property upon expiration or termination of the Service purchased, and will not be refunded.

9. Termination
You may terminate Subscription Rate plans by calling the number posted at the location. Subscription Rate Plan cancellations shall be effective at the end of the current billing cycle. E-mail cancellation notifications will not be accepted. You agree that Licensor and Provider may terminate this Agreement and cancel Services for any and all accounts you may have at any time, without notice and for any reason including, but not limited to, nonpayment, violation of any of the terms and conditions of this Agreement, providing inaccurate registration information, and using the Services to perform any illegal activity. You further agree that in the event of termination for any reason we will have no liability to you.

We may reject an application or terminate this Agreement for any reason including, but not limited to, if (1) you violated this Agreement as to this or another Licensor account, (2) the information required in the registration process is incorrect, absent or incomplete, (3) your credit card number refuses a charge, or (4) the amount of technical support required to be provided to you is unreasonably excessive in the sole judgment of Licensor.

10. Privacy Policy
Personal information you provide in connection with the account registration process, your frequency of using the System, and information about your use of the System will be provided to the Location from which you access the System. You consent to this disclosure. The information you provide will otherwise not be provided to any third parties in a manner that would identify you unless Licensor or Provider is required to disclose such information in order to comply with applicable laws or unless you consent.

11. Notice of Defect
If you experience a problem accessing or using the Services, report the problem by calling the phone number posted at the Location within seven (7) days of the date on which the problem occurred. After seven days, any complaints regarding a problem are deemed waived. We make no guarantee and make no representation that the System will be available during the hours posted at every System location. Credits and refunds will not be issued for reasons of temporary unavailability of the System at a particular location.

12. Modifications
We may, at our sole discretion, modify the terms and conditions of this Agreement including its Rate Plans. Such modifications shall be binding and effective upon posting on the Air2Access web site (http://www.air2acces.com). You agree to periodically review the web site to maintain awareness of any modifications. By continuing to use the System after such postings, you accept and agree to any and all such modifications.

13. Indemnification
You shall defend, indemnify and hold us, any underlying carrier or network provider (including any carrier or network provider from which any roaming services are provided or made available to you as part of the Service), our corporate affiliates and their respective officers, directors, stockholders, employees, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees and expert witnesses’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the System or any breach of this Agreement and those incurred in establishing the applicability of this section.

14. Disclaimer of Warranties.
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR OFFICERS, , EMPLOYEES, AGENTS, , SUPPLIERS, OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE

Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.

15. Limitation of Liability
OUR LIABILITY TO YOU UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, THE FEE PAID BY YOU TO US.

16. Privacy and Security.
Public wireless Internet access providers such as Air2Access do not provide WEP or WPA encryption of Internet traffic to and from your computer. Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). Please consult the Air2Access Privacy Policy posted on our website for additional information on the use and disclosure of information. You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service or Unit. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness. Please consult the Air2Access Security Statement posted on our website for additional information concerning the security of the Service and steps you can take to enhance security while using the Service on our network. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify us of any unauthorized use of your account or other security breach. If you are roaming on another network, Air2Access cannot guarantee the security of such network, the privacy of your data or the ability of your solution to work on such network. You are strongly encouraged to review the user policies applicable to any such roaming network, including those related to security and privacy, before commencing a roaming session.

17. Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of Illinois as applicable without giving effect to the principles of conflicts of law thereof. All disputes relating to this Agreement or the System shall be brought in the District Courts of Cook County, Illinois in a trial for which the right to a jury is hereby waived by both parties.

18. Digital Millennium Copyright Notices
Notices and demands made pursuant to Section 512(c) of the Digital Millennium Copyright Act should be submitted to:
Air2Access
1560 North Sandburg Terrace
Suite 3115
Chicago, IL 60610