Microsoft Wi-Fi Service Acquired Through Windows Store

Terms of Use

Microsoft Wi-Fi Service is a wireless connectivity service provided by Microsoft which provides Internet connectivity (the “Service”). By using the Service, you agree to the following Service terms and conditions (the “TOU”) and you acknowledge that you and any user of the device on which you acquired the Service are bound by its terms and conditions.

1. SERVICE . After you select a Service plan and buy it, you will be connected automatically whenever you’re near an access point that provides the Service (and is within the country in which you originally purchased the Service plan) and you have time remaining on your plan. Your connectivity begins immediately after you buy a Service plan through the Windows Store and ends at the specified expiration time, regardless of how long you are actually connected to the Service. You cannot save time for later. You must actively maintain your connection and you must be within range of an access point that provides the Service in order to stay connected. If (i) your usage remains on standby; (ii) your usage is inactive; (iii) or your Service plan has expired, your connection may be terminated. Microsoft reserves the right to terminate your connection following any extended period of inactivity.

2. CODE OF CONDUCT . In order to protect you and the Service, this section governs your use of the Service. Content or actions that violate this section are not permitted.

   1. Don’t use the Service to do anything illegal.

   2. Don’t engage in any activity that exploits, harms, or threatens to harm children.

   3. Don’t send spam or deliberately send excessively large attachments. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

   4. Don’t engage in activity that results in the unauthorized entry to any other machine accessible via the network.

   5. Don’t attempt to intercept, redirect, or otherwise interfere with communications intended for others.

   6. Don’t use another site's mail server to relay mail without the express permission of the site.

   7. Don’t operate Maillist, Listserv, 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt use by others.

   8. Don’t publicly display or use the Service to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).

   9. Don’t engage in activity that is false or misleading (e.g. asking for money under false pretenses, impersonating someone else, altering, adding, removing or modifying a source IP address information or by using forged headers (a.k.a. "spoofing")).

   10. Don’t circumvent any restrictions on access to or availability of the Service.

   11. Don’t engage in activity that is harmful to you, the Service, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).

   12. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music, photographs or other copyrighted material).

   13. Don’t engage in malicious acts which may reasonably result in harm or damage to another user’s service or equipment, or violates the privacy of others.

   14. Don’t attempt to gain unauthorized access to, use, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information, including but not limited to any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. This includes using sniffers or SNMP tools to gain such unauthorized access.

   15. Don’t attempt to circumvent user authentication or security of any host, network or account (a.k.a. "cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or accounts that you are not expressly authorized to access, or probing the security of other networks.

   16. Don’t attempt to defeat any idle timer or system tool intended to enforce the active usage of your connection, including the use of pingbots and other methods of avoiding disconnection due to inactivity.

   17. Don’t resell or redistribute any of the Service through any means.

3. THIRD PARTY TERMS . The Service provides access to Wi-Fi access points which may be operated by third party suppliers (“Suppliers”). Some Suppliers require you to accept certain terms of use ("Supplier TOUs") before you can connect and use them. The Supplier TOUs for each Supplier may impose different obligations, risks and liabilities on you, as determined by the Supplier. WHEN YOU PURCHASE THE SERVICE, YOUR DEVICE WILL, ON YOUR BEHALF, AUTOMATICALLY ACCEPT THE SUPPLIER TOUS OF ANY SUPPLIER’S ACCESS POINT TO WHICH IT CONNECTS, WITHOUT PRESENTING THE SUPPLIER TOUS TO YOU OR OTHERWISE PROMPTING OR NOTIFYING YOU. MICROSOFT DOES NOT REVIEW THESE SUPPLIER TOUS, AND ONCE YOU AUTOMATICALLY ACCEPT THE SUPPLIER TOUS THROUGH THE SERVICE, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE SUPPLIER TOUS. BY USING THIS SERVICE TO AUTOMATICALLY ACCEPT SUPPLIER TOUS ON YOUR BEHALF, YOU AGREE THAT YOU (AND NOT MICROSOFT) AGREED TO THE SUPPLIER TOUS AND YOUR USE OF THE SERVICE IS GOVERNED BY THE SUPPLIER TOUS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO ASSUME ALL RISK AND LIABILITY ARISING FROM THE AUTOMATIC ACCEPTANCE OF THE SUPPLIER TOUS AND YOUR USE OF THESE SUPPLIERS’ ACCESS POINTS, AND THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY ISSUES ARISING OUT OF YOUR USE OF THEM.

4. PRIVACY . You agree to the terms of Microsoft’s Privacy Statement available at http://go.microsoft.com/fwlink/?LinkId=521839 and it is incorporated herein by reference. You acknowledge and agree that Microsoft may disclose your usage data to other third parties as detailed in Microsoft's Privacy Statement. Suppliers also may collect information from your device when you are connected to the Suppliers’ access points; this information may include MAC address, usage information such as time connected and amount of data consumed, and page views and similar unencrypted internet traffic. You accept that certain uses of your data are necessary to enable provisioning of the Service and, accordingly, if you withdraw consent for Microsoft to use your data, your access to the Service may be terminated, without further notice. If you don’t agree to the Privacy Statement, do not use the Service.

5. TERM AND TERMINATION . This TOU shall be effective until terminated. Microsoft may terminate or suspend your use of the Service without prior notice (i) if Microsoft, in its sole discretion, determines you are in breach of this TOU or third party supplier TOUs; or (ii) if Microsoft stops providing the Service.

6. DISCLAIMER OF WARRANTY . Microsoft and suppliers exercise no control whatsoever over the content of the information passing through their systems, and access to the Internet is provided solely on an “as is” basis. Neither Microsoft nor suppliers warrant, nor do they assume responsibility for, any consequences suffered by any person as a result of Internet access including, without limitation, those suffered as a result of accessing Internet information and content, such as the possibility of contracting computer viruses, accessing information with offensive, inaccurate or inappropriate content, etc. Neither Microsoft nor suppliers shall be responsible for any damages suffered by any person as a result of obtaining or not obtaining Internet access through the SERVICE.

   MICROSOFT AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY NETWORK FAILURE. USE OF ANY INFORMATION OBTAINED VIA THE SERVICES IS AT YOUR OWN RISK. MICROSOFT AND SUPPLIERS SPECIFICALLY DENY ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH THE SERVICE. MICROSOFT AND SUPPLIERS ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE INTERNET. MICROSOFT AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET YOUR DEMAND. NEITHER MICROSOFT NOR SUPPLIERS WILL BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICE. NEITHER MICROSOFT NOR SUPPLIERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MICROSOFT’S OR SUPPLIERS’ NEGLIGENCE.

7. LIMITATION OF LIABILITY . IN NO EVENT SHALL MICROSOFT OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH MICROSOFT WI-FI SERVICES. NOTWITHSTANDING THE FOREGOING, MICROSOFT AND SUPPLIERS’ TOTAL LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) FOR ANY DIRECT DAMAGES ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE DURING THE 30-DAY PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (II) $5.00. Some countries and states do not allow the limitation of liability, so the foregoing limitation may not apply to YOU.

8. ASSIGNMENT . Microsoft may assign this TOU at any time. You may not assign this TOU or use of the Service without the prior written consent of Microsoft. Any such assignment will be void (other than use of the Service by another user of the device on which you purchased the Service).

9. CHOICE OF LAW AND VENUE . This TOU is governed by the laws of the state of Washington, USA, which apply to the interpretation of this TOU and to any claims for breach of it, regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in King County, Washington.

10. NO WAIVER . A party's failure to enforce any rights under this TOU will not be deemed a waiver of the same right on another occasion, or of the right to enforce any other right under this TOU.

11. SURVIVAL . Sections of this TOU that, by their terms, require performance after the termination or expiration of this TOU will survive.

12. UPDATES . Microsoft may update this TOU at any time in its sole discretion. If you use the Service after the date the change becomes effective, you consent to the changed terms. If you don't agree to the changes, you must stop using the Service.

13. ENTIRE AGREEMENT . This TOU and the Microsoft Privacy Statement is the entire agreement between you and Microsoft in connection with your use of the Service. It supersedes any prior agreements between you and Microsoft regarding the Service. All parts of this TOU apply to the maximum extent permitted by relevant law.