Terms & Conditions

Wombo, Inc. Internet Access & Web Hosting Terms and Conditions


Welcome to Wombo, Inc. will provide you with Services under the terms and conditions embodied in this Agreement (the "Agreement"). The Services, as operated by Wombo, Inc. ("Wombo, Inc."), is a computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications outlets. The Services are available to an authorized member through a personal member account ("Membership"); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line).

By signing and dating this Agreement, you acknowledge that you are an adult (at least 18 years old), who has read and understood the Terms and Conditions Agreement (your "Acceptance") and you agree to be legally bound by this Agreement. For the purposes of this Agreement, you will be referred to as the "Customer." The signed and dated Contract must be returned to Wombo, Inc. in person or by facsimile, at the following facsimile number: (619) 596-2144. If you do not provide Wombo, Inc. with a fully executed (signed) Agreement, Wombo, Inc. will not begin the activation process until it has received your Acceptance.

CAREFULLY READ the terms of this agreement, which governs your use of the Wombo, Inc. Services. Wombo, Inc. may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the Wombo, Inc. Services, electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 14 below. Your continued use of the Wombo, Inc. Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

1. For purposes of identification, billing and marketing, Customer agrees to provide Wombo, Inc. with accurate, complete, and updated information required by the registration to the Wombo, Inc. Service ("Customer Registration Data"), including Customer's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify Wombo, Inc. within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the Wombo, Inc. Service.

2. Intended Use of the Services: i. (Internet Access) Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to Wombo, Inc.'s Acceptable Use Policy (AUP) and Internet Access Agreement. Transmission of any material in violation of federal or state law or regulation, including, but not limited to, any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. Customer agrees that sharing of Services for financial benefit, or offering any public information service, such as running a web server or FTP server (except on a Dedicated circuit), is prohibited. ii. (Web Hosting) Customer agrees that neither Wombo, Inc. nor its suppliers shall, under any circumstances, be held responsible or liable for situations where the data stored or communicated through the Service are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Wombo, Inc. at the time) which may exist in the Service. Wombo, Inc. stores and facilitates the transmission of private electronic communications pursuant to the Electronic Communications Privacy Act of 1986. Electronic communications on this system are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication. Although Wombo, Inc. will not systematically monitor the content which is submitted to, stored on or distributed via disseminated via the Service, Wombo, Inc. reserves the right, in its sole discretion, to edit or delete any information or other content, regardless of whether it violates the standards for content laid out in the Wombo, Inc. Usage Policy.

3. Services: Customer agrees to purchase telecommunication and/or network access services ("Services") from Wombo, Inc.. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Customer shall be responsible for insuring that such equipment is compatible with the Services. Services provided by Wombo, Inc. are for the sole use of the Customer and not for resale of any kind without the prior written consent of Wombo, Inc., which may be given in its sole discretion. In the event the Customer attempts to resell the Services, Wombo, Inc. may, in its sole discretion, increase the fees associated with the Services, or terminate the Services. If Customer desires to add Services to this agreement with Wombo, Inc., Customer may contact Wombo, Inc. Customer Service Department and request additional Services. Wombo, Inc. will provide Customer with an electronic confirmation of the additional Services, and Wombo, Inc. will commence delivery of such additional Services upon the earlier of (a) receipt of an acknowledging email from Customer, or (b) twenty-four (24) hours after Wombo, Inc. sends its electronic confirmation.

4. Customer understands that except for information products or services clearly identified as being supplied by Wombo, Inc., neither Wombo, Inc., nor any of its affiliates, operates or controls any information, products or services accessible through the Wombo, Inc. Services in any way and that, except for such Wombo, Inc. identified information, services or products, all merchandise, information and services offered or made available or accessible through the Services are offered or made available or accessible by third parties who are not affiliated with Wombo, Inc. or its affiliates. CUSTOMER EXPRESSLY AGREES that use of the Wombo, Inc. Services is at CUSTOMER’S SOLE RISK and CUSTOMER AGREES that any information, service or product accessible through the Wombo, Inc. Services is WITHOUT WARRANTIES OF ANY KIND BY WOMBO, INC. AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Customer may order and purchase merchandise or services from other Customers and users of other communications outlets including the Internet. Customer acknowledges that all transactions concerning third party ("Seller") merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Customer. Wombo, Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. Wombo, Inc. shall not be a party to a transaction between Customer and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Customer.

6. Customer is responsible for all charges (e.g., telephone) associated with connecting to the Wombo, Inc. Services through an available access number or other method. Customer is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Wombo, Inc. Services.

7. Accounts/Charges/Payment.
(a) This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Customer's principal account. Each Customer is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A Wombo, Inc. Services account may not be transferred without prior written approval from Wombo, Inc. and is subject to any limits established by Wombo, Inc..
(b) Customer is responsible for maintaining the confidentiality of his/her/its passwords. Customer is responsible for all activities and charges resulting from use of Customer's principal account with the Wombo, Inc. Services. Customer agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Customer and/or his/her/its designated users. In the event of a breach of security, Customer will remain liable for any unauthorized use of the Wombo, Inc. Services until Member notifies Wombo, Inc. by calling (619) 596-2141 (customer service).
(c) All one-time fees will be due (excluding promotional offerings), and all monthly fees will start upon Wombo, Inc.’s successful ping test, also known as the ("Activation Date"). Monthly fees are nonrefundable. The initial payment may include non-recurring installation charges including, but not limited to, equipment, inside wiring and installation fees, as provided in Section 18 below.
(d) Where applicable, accounts may be upgraded to the next level of usage at no charge. There is a surcharge of $5 to downgrade an account type. For this change to take place for the current month, Customer must notify Wombo, Inc. by the 20th. If notice is received after the 20th, the change will not take effect until the following 1st of the month.
(e) Current rates for using the Wombo, Inc. Services may be obtained by calling (619) 596-2141. Wombo, Inc. reserves the right to increase fees, surcharges, monthly service fees or to institute new fees at any time upon thirty (30) days prior notice. Wombo, Inc. may reduce these fees at any time without notice to Customer. In the event that a Customer's account is terminated or canceled, on-line time credited to Customer's account is not convertible to cash or other form of credit. If Wombo, Inc. does not receive the full amount of Customer's Wombo, Inc. Service account balance within thirty days (30) days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to Customer's bill as a late charge each month and shall be due and payable. Upon the delinquency of Customer's account, Wombo, Inc., in its sole discretion may: (a) immediately terminate or suspend Customer's Services, or (b) charge Customer's credit card for the full amount of all charges due and the applicable late payment fee. Customer shall also be liable for all attorney and collection fees arising from Wombo, Inc.'s efforts to collect any unpaid balance of Customer’s account(s).

8. Additional Terms and Conditions: Wombo, Inc. and/or third parties may, from time to time, send email messages to Customer relating to Customer's account, this Agreement, or the Services. Wombo, Inc. makes no representation or warranty with respect to the content of any such email messages or goods or services which may be obtained in response to such email messages and Customer agrees that Wombo, Inc. shall not have any liability with respect thereto, nor shall any such email messages amend the Terms and Conditions unless specifically stated. Additionally, Wombo, Inc.'s web site may contain links to web sites operated by parties other than Wombo, Inc.. Such links are provided for Customer's convenience only. Wombo, Inc. does not control such web sites and is not responsible for their contents. Wombo, Inc.'s inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Customer recognizes that he or she is solely responsible for the content of any information Customer makes available through the Service and that Wombo, Inc. will not monitor the Service to examine the content passing through it. Customer agrees that if Wombo, Inc. is made aware of content that Wombo, Inc. deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Wombo, Inc. has the right, but not the obligation, to remove or deny access to such content. Customer expressly agrees that Wombo, Inc. shall not be liable to Customer for any action Wombo, Inc. takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Customer recognizes that Wombo, Inc.'s actions with respect to all such material may include restriction, suspension or termination of Customer's access privileges and/or deletion of the objectionable material.

9. CUSTOMER UNDERSTANDS that information available to you through the Wombo, Inc. Services may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Wombo, Inc. HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

10. Material accessible to Customer through the Wombo, Inc. Services may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Customer nor Customer's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Wombo, Inc. Services.

11. Customer expressly agrees not to use the Wombo, Inc. Services in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Customer further agrees not to use the Services in a manner that will disrupt third parties' use or enjoyment of the Wombo, Inc. Services or other communications services and outlets. Customer acknowledges that prohibited conduct includes, but is not limited to, use of the Services to invade the privacy of third parties, posting via e-mail, USENET or the Customer's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Customer also agrees not to use the Services to solicit other members to patronize competing services, not to violate or tamper with the security of the Wombo, Inc. Services or attempt to forge another Customer's account name or persona.

12. Customer acknowledges that the transmission of a single, unsolicited e-mail message to a large number of recipients, or the posting of a single message to a large number of USENET's or newsgroups, whether the message is commercial in nature or otherwise, imposes a tremendous burden on the Service because of its excessive use of disk space and bandwidth. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested the message and with whom the Customer has had no prior contact. Customer agrees not to engage in such transmissions. If Wombo, Inc. learns that Customer has in a single day, sent the same or similar unsolicited message to 50 or more recipients or 15 or more USENET's or Newsgroups, Wombo, Inc. will warn Customer against such transmissions in the future. Customer acknowledges that subsequent to such warning, any transmission by Customer of an unsolicited message to 50 or more recipients or 15 or more USENET's or newsgroups on a single day will result in the immediate termination of Customer 's account in accordance with Paragraph 16 of these Terms of Service. In such cases, Customer agrees to pay Wombo, Inc. damages of $10 to compensate Wombo, Inc. for the costs of enforcing this provision.

13. Customer agrees that any personal web page or site Customer publishes in connection with the Wombo, Inc. Service is intended for personal use. Other uses (e.g. commercial) are prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Customers can use and enjoy the Service, Customer agrees that Wombo, Inc. is entitled to suspend or terminate access to any Customer's web page or site if Wombo, Inc. determines that the page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more. Customer expressly agrees that Wombo, Inc. shall not be liable to Customer or parties interacting with Customer for any damages resulting from action Wombo, Inc. takes to enforce this provision.

14. Wombo, Inc. may restrict, suspend or terminate, without notice, Customer's access to and use of the Wombo, Inc. Service upon any breach of this Agreement by Customer. Customer's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Wombo, Inc. in operating the Wombo, Inc. Service, any change in the content of the Wombo, Inc. Service, or any change in the amount or type of fees charged in connection with the Wombo, Inc. Service, is to terminate Membership by delivering notice to Wombo, Inc., effective the day Wombo, Inc. receives notification of termination or any future date specified which is acceptable to Wombo, Inc.. Upon termination of this Agreement, Customer shall have no right (a) to obtain any credit(s) otherwise due to Customer, and such credit(s) will be forfeited, (b) to access through Wombo, Inc. any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through Wombo, Inc., and Wombo, Inc. shall have no responsibility to notify such third-party providers nor shall Wombo, Inc. have any responsibility for any damages that result from the lack of such notification. ABSOLUTELY NO REFUNDS AFTER THE FIRST THIRTY DAYS OF SERVICE.

15. IP Addresses: IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Wombo, Inc. and/or the American Registry for Internet Numbers (ARIN).

16. Restrictions: Residential Wireless and Business Wireless customers (except on a Dedicated Circuit) agree not to use any servers in conjunction with the Services, including but not limited to, Electronic Mail, NAT, DHCP and DNS servers. In the event any Residential Wireless and Business Wireless customer attempts to utilize a server on the network, Wombo, Inc. may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.

17. Inside Wiring, Installation and Technical Limitations on Services: The length of time required completing the installation of the equipment and connections ("Installation Time") to provide Customer with Services can vary based upon factors beyond Wombo, Inc.'s control. In general, installation is completed within fourteen (14) to forty-five (45) business days from Acceptance. Customer acknowledges that outside factors, including the inability of Customer's or third party's facilities to access the Services, or other operational impediments, may preclude or delay installation or delivery of Services.

18. Customer acknowledges that the installation representative may be required to install inside wiring to complete Services delivery, and that such installation of inside wiring may be performed at an additional hourly or other charge. Customer further acknowledges this charge will occur at the sole discretion of the installation representative, and shall be disclosed to the Customer at the time of installation. Upgrades in the level of Services requested by Customer ("Upgrades") following installation of the equipment and connections may require new equipment and connections, depending on the nature of Customer's prior Services and the magnitude of the requested Upgrade.

19. Customer agrees to maintain Services either for a 6 Month or longer period, as specified by the signed Wombo, Inc. Internet Access Application, from the Services activation date (the "Initial Term"). After the Initial Term, Services shall automatically renew for successive 6 month or longer periods (the "Renewal Term"). Customer may terminate the Services at the end of the Initial Term or any Renewal Term by providing written notice to Wombo, Inc. not less than thirty (30) days prior to the expiration of the term. Termination notice must be sent via email to billing@wombowireless.com or by written notice, to Wombo, Inc. Attention: Customer Service Department, 8733 Magnolia Ave. Suite 203, Santee, CA 92071

20. Renewal. Provided the Customer at least 30 days, but no more than 90 days, prior to the termination date stated in Section 19 shall have given written notice to MyAirNet of his/her/its intention not to renew, this Agreement shall automatically renew for another Term.

21. Suspended Services. Wombo, Inc. may suspend or interrupt Services under this Agreement should (i) Customer fail to pay any invoice within thirty (30) days after the date of the invoice; or (ii) Wombo, Inc. determinates, in its reasonable discretion, that Customer, or Customer’s User, is using the provided Services fraudulently, unlawfully, or abusively. Upon suspension, Wombo, Inc. shall notify Customer that Services have been suspended and the reason therefor, but shall not remove Customer’s, or its User’s, electronically stored data from its Internet facilities. No suspension of Service hereunder shall excuse Customer from its monthly payment obligation, pursuant to paragraph 7 of this Agreement.

22. Moving Policy: If Customer moves from original service location and Wireless service IS available at Customer's new location Customer will be charged an installation fee. If customer is under a 1-year or 2-year service agreement and Customer obtained free installation and/or a free Wireless modem, Customer will not be eligible to receive the same promotion at the new location. IF Wireless Service IS NOT available at Customer's new location Wombo, Inc. will cancel Customer's service agreement after customer provides Wombo, Inc. with proof of move (e.g. utility bill showing new address) and Customer will not be accountable for remaining months of service agreement. If Customer is still under contract and received a free Wireless modem, the modem will be returned to Wombo, Inc.. Customer will be charged an installation cost, prorated over the Initial Contract term. In the event Customer is unable to obtain Customer's current level of service at Customer's new location, Customer can elect not to accept alternative service, in which case Customer will be treated as if no Wireless services were available at Customer's new location. The Customer must contact billing@wombowireless.com to process this request.

23. Early Termination: Customer may terminate the Services within twenty-four (24) hours after Acceptance, prior to Services appointment date, without incurring an Order Cancellation Fee. If within the first thirty (30) days after installation of the Services, Customer is dissatisfied with the performance of the Services, and such performance problems are verified, and deemed to be non-repairable by Wombo, Inc., Customer may terminate the Services without incurring an Order Cancellation Fee and a full refund will be given for rented Equipment provided by Wombo, Inc., returned in new, resellable condition. If Customer's Installation Time extends beyond ninety (90) days from Acceptance or Wombo, Inc. determines that physical or operational impediments preclude installation or the delivery of Services, Customer may terminate the Services without incurring an Order Cancellation Fee. A Customer who terminates the Services after the activation date and prior to the end of the Initial Term, shall be liable for any or all of the following termination charges: (1) an amount equal to the monthly recurring charge multiplied by the number of months remaining on the Initial Term; and (2) an additional termination charge in an amount equal to any promotional credit, discount, or fee waiver (if applicable) provided to the Customer. Termination charges are billed in one lump sum and shall be due and payable immediately upon termination.

24. Disclaimer of Liability: THE SERVICES PROVIDED BY WOMBO, INC. ARE PROVIDED "AS IS." WOMBO, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT WOMBO, INC. EXERCISES NO CONTROL OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION PASSING THROUGH ITS NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WOMBO, INC., ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WOMBO, INC. MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION OBTAINED FROM OR THROUGH SERVICES PROVIDED BY WOMBO, INC. WILL BE AT CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT WOMBO, INC. IS NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF WOMBO, INC.. UNDER NO CIRCUMSTANCES SHALL THE CUSTOMER HOLD WOMBO, INC. RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO, ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICES CAUSED BY THE CUSTOMER, WOMBO, INC. OR A THIRD PARTY'S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. CUSTOMER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF WOMBO, INC.. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. WOMBO, INC. RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITHOUT CAUSE.

25. Hold harmless & Indemnification. Should Customer, to include its Users, violate any of the restrictions, as defined herein, Customer agrees to indemnify and hold harmless Wombo, Inc, its directors, officers, shareholders, agents, employees, and contractors from any and all allegations, claims, or causes of action arising from events and facts of the nature and type herein restricted, including Wombo, Inc.’s expenses (including reasonable attorneys’ fees) and costs, as well as any liability, judgments, damages, or legal actions made, threatened or brought.

26. Archival Services. The Services temporally provide storage of Customer data, however, Wombo, Inc. shall have no responsibility to backup-data or be held liable for loss of Customer data, including its User’s data. Customer is solely responsible for any archival storage services with respect to data, whether created by Customer, a third party or its User.

27. Force Majeure. Neither party shall be considered in default of its obligations hereunder (except the payment of money, which shall not be excused) if performance of such obligations is prevented or delayed by acts of God, government regulation or order, war, riots, acts of civil disorder, labor disputes, failure of or delays in transportation, or such other causes as are beyond such party’s control.

28. Notices. All notices given by a party, or required under this Agreement, shall be in writing and addressed to the relevant party at the following address. Additionally, notice shall be made at the time of mailing by e-mail to the respective e-mail address.

Wombo, Inc.
8733 Magnolia Avenue, Ste 203
Santee, CA 92071
Telephone Number: 619-596-2141
Facsimile Number: 619-596-2144


Notice shall be deemed received when (i) deposited in the United States mails, postage prepaid, first class mail, and addressed as hereinabove provided, or (ii) sent by facsimile transmission, receipt confirmed, to the facsimile number hereinabove set forth. But in every event, notice must include an e-mail notice in addition to and as part of the notice process.

29. Use of Equipment: Upon installation of service, the Wombo, Inc. installation representative shall furnish Customer with a detailed list of the installed equipment (“Equipment”). Customer shall be responsible for maintaining any Equipment provided by Wombo, Inc. in proper working condition. Wombo, Inc. warrants that, for a period of one (1) year from installation, under normal use and service, the Equipment, which is continuously maintained in accordance with this Agreement from the date of its installation, shall remain in satisfactory operating condition ("Equipment Warranty"). Wombo, Inc.'s sole obligation under this Equipment Warranty shall be to repair any item of Equipment that is repairable or at its option, refurbish, overhaul, rebuild, or replace any item of Equipment that has been promptly reported as defective in material or workmanship by Customer to Wombo, Inc. and which has been determined by Wombo, Inc. to have been defective. Wombo, Inc. may provide Customer with upgrades to the Equipment to maintain the Equipment in good operating condition, as determined by Wombo, Inc.. Customer agrees to promptly install such upgrades. Except as directed by Wombo, Inc., Customer agrees not to employ additional attachments, features, or devices to the Equipment, or make alterations to the Equipment. Wombo, Inc. warrants that, for a period of thirty (30) days from installation, under normal use and service, any inside wiring installed by Wombo, Inc.'s installation representative which is continuously maintained in accordance with this Agreement from the date of its installation shall remain in satisfactory operating condition ("Inside Wiring Warranty"). Wombo, Inc.'s sole obligation under this Inside Wiring Warranty shall be to repair any item of inside wiring that is repairable or at its option, refurbish, overhaul, rebuild, or replace any inside wiring that has been promptly reported as defective in material or workmanship by Customer to Wombo, Inc. and which has been determined by Wombo, Inc. to have been defective. Wombo, Inc.'s warranty obligations under this Agreement do not include and Customer specifically assumes the cost of the following: (a) refinishing or painting of the Equipment; (b) moving of any unit of Equipment or any inside wiring following installation; and (c) repair of Equipment or inside wiring damage attributable to the fault or negligence of Customer. The Wireless Modem and any associated equipment shall at all times after installation remain the exclusive property of and must be surrendered to Wombo, Inc. before termination of Services. In the event this equipment is lost, destroyed, damaged, disposed of, sold, loaned, tampered with, or not returned to Wombo, Inc. before termination of Services, the Applicant/Subscriber agrees to pay Wombo, Inc. the sum of $250.00 for each unit which will be added to the balance of the Applicant/Subscriber’s account with the company. In the event it is necessary for the company to commence legal proceedings for the recovery of the equipment, the stated value thereof, or other appropriate charges, the undersigned Applicant/Subscriber agrees that any judgment obtained against him or her shall include reasonable attorney’s fees and all other court costs incurred.

30. Service Outage: Customer and Wombo, Inc. agree that Wombo, Inc. must successfully provide a permanent virtual circuit to Customer's premise utilizing Wireless technology (an "End User Circuit") before Wombo, Inc. can supply any Services for Customer. Customer and Wombo, Inc. agree that Services shall be successfully provided if the maximum throughput of such End User Circuit is 70% of the ordered Service. After installation and testing, in the event Services are not successfully provided to Customer for more than seventy-two (72) consecutive hours (a "Service Outage Event"), and Customer notifies Wombo, Inc. immediately of such Service Outage Event, and Wombo, Inc. determines that such inability to successfully provide services to Customer was within Wombo, Inc.’s reasonable control, Wombo, Inc. will credit Customer's account for the time Services were not successfully provided. This performance guarantee covers only the business grade Services, and specifically excludes all other Services, including customer grade Home/Wireless. To be eligible for Service Outage credits, a Service Outage Event must have been reported within three (3) days of the end of the Service Outage Event to Wombo, Inc. through standard reporting methods to Wombo, Inc.'s Technical Support Department. Wombo, Inc. will apply any Service Outage credit to Customer's next monthly invoice.

31. Entire Agreement: These Terms and Conditions contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. Wombo, Inc. may modify the Terms and Conditions at any time and the latest version of the Terms and Conditions may be found at www.wombo.com. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

32. Assignment and Successors in Interest: All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interest or obligations of Customer shall be assigned or delegated without the prior written consent of Wombo, Inc.. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, Wombo, Inc. may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.

33. Upon request of Wombo, Inc., Customer agrees to defend, indemnify and hold harmless Wombo, Inc., its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to Customer's use of the Wombo, Inc. Service.

34. Venue/Choice of Law: These Terms and Conditions shall be construed in accordance with the laws of the State of California (excluding rules regarding conflicts of law) and the United States of America. You agree that any controversy or claim against Wombo, Inc. or its directors and officers, including any claim of misrepresentation, arising out of relating to this Agreement or the Wombo, Inc. Service, shall be settled by arbitration. Any such claim must be commenced within one (1) year after the claim arises or the claim is time barred. The arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitration shall be held and the award shall be deemed to be made in San Diego County, California. The decision and award of the arbitrator shall be final and binding, and the award may be entered in a court of appropriate jurisdiction. The prevailing party in any such arbitration shall be entitled to recover all legal expenses incurred in connection with the arbitration and confirmation of the award, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. You consent to the jurisdiction of the courts of the State of California for purposes of enforcing this arbitration provision.

35. Severability: In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and conditions will remain in full force and effect.

36. Indemnification: Customer shall indemnify and hold Wombo, Inc. harmless against any and all claims, losses, damages and liabilities sustained by Wombo, Inc. resulting from, arising out of, or connected with any breach of, or nonfulfillment of any representation, warranty, covenant or a agreement made by or other obligation of Customer contained in these terms and Conditions.

 
     
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Headquarters: 8733 Magnolia Avenue Suite 100 Santee, CA. 92071
Toll Free: 877.WOMBO.INC.       Local Phone: 619-258-2175       Fax: 619-596-2144
Copyright (C) 1996 - 2012 Wombo, Inc. All rights reserved
Email:
info at wombo.com

 

 

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