Portal Innovations
Internet Access – Terms of Service

While you are at Portal, you may connect to our data network to, among other things, access the internet, the “connection.” The connection is provided by Portal or one of its affiliated companies. By using or accessing the connection, you agree to these terms of service. Please read these terms carefully. We may revise these terms at any time. You are deemed to accept the current terms each time you use or access the connection, and it is your responsibility to review it for any changes. If you do not accept these terms of service, you may not use the connection.

ACCESS

Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect us, our users, or other third parties. The connection is available to your device only when it is within wireless range of our access points or in your office or a conference room through an ethernet cable to a data network port. The connection is generally subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. We are not responsible for any interruptions or performance issues with the connection, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection. Further, any identified prohibited uses may result in the removal of obscene/offensive content, account de-activation, or access/usage termination.

PROHIBITED USES

You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or that could harm us or any third party or interfere with the operation of the data network to others (“Prohibited Uses”). For example, among other items, you may not:

Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.

PRIVACY & SECURITY

You acknowledge that no data network and internet-based communication is 100% secure, such communications could be intercepted by equipment and software and no such communication should be considered private or protected. Portal respects the privacy of our users in the communications they send and receive over the connection. Subject to applicable law and in accordance with our privacy policy, however, we have the right, but not the obligation, to monitor, intercept and review, and disclose, without further notice, any transmissions over or use of our connection to comply with lawful process, orders, warrants or subpoenas, or to protect our rights, property and users. Portal may also use information you provide to us through connecting to our data network to analyze and improve our services, including through the use of analytics.

Assistance to Government Agencies

In accordance with applicable law, we may be obligated to provide all available information and any assistance that may be required by Government agencies for the prevention, detection, investigation and prosecution of cyber-crimes and cyber security incidents.

ADDITIONAL DISCLAIMERS; LIABILITY LIMITATION

We are providing the connection on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.

You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Portal Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the Portal Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the Portal Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.

If you are a member, to the extent any dispute arises from the services described herein, they shall be brought in the forum, applying the law, described in the membership agreement (as may be amended by the terms thereof) signed up by you or the company with which you are affiliated. If you are not a member, to the extent any dispute arises from the services described herein, shall be resolved in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Chicago, IL, U.S.A. and shall apply the law of the State of Illinois, U.S.A. and the United States without regard to conflicts of laws provisions thereof.

Late Fees

If payment for the Membership Fee or any other accrued and outstanding fee is not made by the fifth (5th) business day of the month in which such payment is due, you will be responsible for paying the then-current late charge. The current late fee schedule is listed below. All late fees are subject to increase from time to time at our sole discretion. Payment for the upcoming month is due on the 1^st of every month