Starry Common Area WiFi Terms and Conditions
Last updated: November 14, 2018
Starry Common Area WiFi internet service (the Service) is provided by Starry, Inc. (Starry). You are accessing the Service through a WiFi internet access point operated by Starry. By accessing and using the Service, you agree to abide by these terms and conditions. For the purposes of these terms and conditions, "we" or "us" means Starry.
These terms and conditions also incorporates and includes our Internet Service Privacy Notice, Website and Mobile Apps Privacy Notice, and Net Neutrality Notice. For the purposes of these terms and conditions, we refer to these other documents, together with these terms and conditions, as the "Service Agreements."
There are risks to accessing the internet.
Public WiFi networks carry the risk that unauthorized persons can access the device you connect to the WiFi network or your communications over the WiFi network, even if the network itself is secured using industry standard best practices. You acknowledge and agree that the Service is not guaranteed to be secure, that Starry has no responsibility to secure the Service against all potential vulnerabilities, and that your use of the Service is at your own risk.
You are responsible for taking all appropriate security measures when using the Service, including measures to prevent damage from viruses, malware, or other similar malicious items, and you are solely responsible for the effectiveness of these measures. We do not warrant that others will be unable to gain access to your computer(s) and/or data, nor do we warrant that your data or files will be free from computer viruses or other harmful components, even if you utilize blocking and filtering technologies. We have no responsibility and assume no liability for the protections you may employ nor for any damages that may arise from accessing the Internet.
You are responsible for your use of the Service.
To connect to the Service, you must utilize a WiFi-enabled device with a web browser. You take full responsibility for your use of the Service and your activity on the Internet. Starry, including its employees, will not be responsible for any minor's use of the Service. Parents and guardians are solely responsible for restricting and monitoring their minors' access or use of the Internet through the Service. You agree to respect all copyright laws and licensing agreements pertaining to software, music and other resources obtained or accessed by the internet.
You agree not use or permit any other person to use the Service, directly or indirectly, for any purpose that is unlawful, tortious, abusive, or otherwise breaches these terms and conditions, including, but not limited to:
- the transmission of software viruses or other harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Service;
- the collection or harvesting of any third-party's personally identifiable information without authorization from such individual, to send unauthorized commercial communications or the invasion of the privacy or other rights of any third-party;
- the removal, alteration, or obscuring of any copyright, trademark or other startup messages or proprietary notices from the Service;
- any activity or use of the Service that violates system or network security or integrity are prohibited and may result in criminal and civil liability;
- the unauthorized access to or use of data, systems, or networks, including 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;
- any unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;
- interfering with Internet service to any user, host, or network, including but not limited to mail bombing, flooding, or denial of service attacks;
- forging the header of any transmitted information packet, email, or Usenet posting;
- modifying or tampering with any hardware, software, or configuration provided by Starry;
- reselling or otherwise redistributing the Service;
- using the Service to violate any law;
- disrupting, degrading, or otherwise adversely affecting Starry's network or other equipment owned by Starry or other Starry customers;
- transmitting unsolicited bulk or commercial messages commonly known as "spam;"
- distributing in any way information, software, or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- hosting public servers of any kind, or using static IP addresses; and
- using the Service in a manner that substantially affects our ability to provide Internet service to our other customers.
We are providing the Service on a non-exclusive basis solely for your use and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Service, or any portion of the Service. You have no right to sublicense, assign or transfer your right to access or use the Service.
Our goal is to provide the Service at consistent speeds, however, speeds may vary.
Despite our efforts, we cannot guarantee any particular amount of bandwidth on the Service or that any speed or throughput of your connection will be available at all times. The speed of the Service will vary depending upon several factors, including your computer system and associated equipment; Internet traffic; system capacity limitations; governmental actions; and system failures, modifications, upgrades, and repairs. Accordingly, we cannot guaranty that the Service will meet your requirements or expectations or will be uninterrupted, timely, secure, or error free.
We do not prioritize any content, application, or service. We do not block access to any legal content, application, or service. We do not cap the amount of data you may use. We do not collect the contents of the data packets that transit through our network. We ordinarily do not throttle specific content, applications, and services, but we reserve the right to do so if an application or service is substantially affecting our ability to serve other customers on the same network. We do not prohibit you from attaching non-harmful devices to your connection. We may take reasonable steps to manage our network, including by temporarily limiting the speed at which an individual device receives the Service to ensure that we can best serve all customers.
We may collect certain information about you.
In order for Starry to provide the Service, we may collect a limited amount of information from you, as disclosed in our Internet Privacy Notice. This may include your name, email address, and physical address. We may also collect certain data from any WiFi-enabled device that is turned on and discoverable, regardless of whether or not the device successfully connects and/or authenticates onto the network. Starry may collect MAC address, date/time stamp, wireless access point/VLAN location (which can be associated with an actual physical location), device operating system, radio channel, radio signal strength and radio band. This data is collected to manage the Service, improve the service, and allow customers to automatically reconnect to the service. It is not used for marketing purposes and is not shared with third parties, other than to assist us in providing the service. This information may be retained by Starry as long as necessary for the purpose for which we collect it.
We may terminate the Service at any time.
We may terminate or suspend your access to the Service at any time for any reason not prohibited by law. Starry is providing this Service as part of a market trial. The Service may be changed or cancelled, including for reasons outside of Starry's control. If your access to the Service is suspended or terminated we may decline to reinstate your ability to access the Service. If we discover that you have accessed the Service following termination, we may terminate such access without further notice.
WE DISCLAIM ALL WARRANTIES.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. STARRY AND OUR EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.
There is a limitation to our liability to you under these terms and conditions.
THIS LIMITATION OF LIABILITY APPLIES TO ANY ACTS, OMISSIONS, AND NEGLIGENCE OF STARRY AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.
UNDER NO CIRCUMSTANCES WILL STARRY BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED WITH THE SERVICE, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS, OR SUBCONTRACTORS OF STARRY, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED IN THESE TERMS AND CONDITIONS FAILS. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW, IS YOUR ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY US. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS AND CONDITIONS EXCEED THE AMOUNT PAID BY YOU DURING THE PRECEDING 30 DAY PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.
You agree to indemnify Starry.
Except as otherwise expressly set forth in these terms and conditions, you agree to defend, indemnify, and hold us harmless from claims or damages relating to or arising out of your breach of these terms and conditions and your use of the Service, including but not limited to any claims or damages arising out of (1) postings made using the Service, including for defamation, copyright, trademark, or other proprietary right infringement or otherwise; or (2) third-party claims caused by your violation of any Service Agreement. You agree that we are not responsible for any third-party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims.
We may make changes to the Service.
Subject to applicable law, we may, at any time and periodically:
- Modify, supplement, or replace the terms, policies, practices, and procedures relevant to the Service;
- Make changes affecting equipment or software;
- Institute new or change the existing features, functions, characteristics, and specifications of the Service, including by instituting or changing limits and restrictions that affect Service features and functions;
- Make any other change relating to any Service contemplated or not expressly prohibited by these terms and conditions or applicable law.
Your continued use of the Service after the effective date and following notice of any such change will be deemed your acceptance of that change.
We protect our own and others' intellectual property rights.
You will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets, or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs, or other copyrighted materials or software. We assume no responsibility, and you assume all risks, regarding the determination of whether any material is in the public domain or may otherwise be used by you in the way that you intend to use it.
Starry is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify us if they believe that one of our users has infringed the copyright owner's work(s). If we receive a notice from a copyright owner alleging that you have committed copyright infringement, we will attempt to notify you of the alleged infringement. We may determine that you are a repeat copyright infringer if we learn that you have engaged in online copyright infringement on more than one occasion. Starry reserves the right in our sole discretion to suspend or terminate the accounts of repeat copyright infringers.
YOU AGREE TO BINDING ARBITRATION AND WAIVER OF JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
- Purpose. If you have a Dispute (as defined below) with Starry that cannot be resolved, you or we may elect to arbitrate that Dispute in accordance with the terms of this provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court.
- Definitions. The term "Dispute" means any dispute, claim, or controversy between you and Starry regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this arbitration provision. "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this provision, "Starry", "we", or "us" means Starry and its parents, subsidiaries, and affiliated companies and each of their respective officers, directors, employees, and agents.
- Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY STARRY IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU AGREE TO THESE TERMS AND CONDITIONS. YOUR WRITTEN NOTIFICATION TO STARRY MUST INCLUDE YOUR NAME, ADDRESS, AND STARRY ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH STARRY THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
A. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF ANY STATUTE OR OTHER LAW TO THE CONTRARY, YOU MUST CONTACT US WITHIN 1 YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
B. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
C. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH STARRY UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. An explanation of the procedures for initiating an arbitration proceeding are available at www.adr.org or by calling 877-493-4185. The arbitration proceeding shall be administered by the American Arbitration Association (AAA) under the AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (we refer to these rules collectively as the "AAA Rules"). The AAA Rules are available at www.adr.org or by calling 800-778-7879.
A. Because the Service provided to you concerns interstate commerce, the Federal Arbitration Act (FAA), not state arbitration law, governs the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from Starry may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this arbitration provision and the rules of the arbitration organization, this arbitration provision shall govern. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve your Dispute with Starry. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this arbitration provision as written.
B. If there is a conflict between this arbitration provision and any other part of these terms and conditions, this arbitration provision shall govern.
C. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect your account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
D. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
E. If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within 30 days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within 120 days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Arbitration Hearing and Location. If the Dispute is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the Dispute exceeds $10,000, the AAA Rules will determine the right to a hearing. Any in-person hearing will take place at a location convenient to you in the area where you receive the Service from Starry, unless you and Starry agree or the arbitrator orders otherwise under the AAA Rules.
- Payment of Arbitration Fees and Expenses. Payment of all arbitration fees and expenses will be governed by the AAA Rules. After we receive notice that you have initiated an arbitration proceeding, we will promptly reimburse you for payment of your filing fee. Starry will pay all filing, administration, and arbitrator fees and arbitrator expenses for the Dispute, unless the arbitrator determines that the Dispute is frivolous. You are responsible for paying fees and expenses for your attorneys, witnesses, and experts in arbitration, unless applicable law requires otherwise. We will not seek attorneys' fees and expenses in arbitration, unless the arbitrator determines the Dispute is frivolous. If the arbitrator determines that the Dispute is frivolous, you agree to reimburse Starry for previous payments it made that are otherwise your obligation to pay under the AAA Rules and applicable law.
- Severability. If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this provision will be given full force and effect. If the class action and class arbitration waiver is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be decided by a court. In the event this entire provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found to be excluded from the scope of this arbitration provision, YOU AND STARRY EACH HEREBY AGREE TO WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY TRIAL BY JURY.
- Survival. This arbitration provision will survive the termination of the Services.
- Exclusions from Arbitration. YOU AND STARRY AGREE THAT ANY CLAIM FILED BY YOU OR BY STARRY THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT WHICH IS LIMITED TO ADJUDICATING SMALL CLAIMS WILL NOT BE SUBJECT TO ARBITRATION. IN ADDITION, CLAIMS WHERE THE AMOUNT IN DISPUTE IS VALUED AT LESS THAN THE COST OF AAA FEES, DISPUTES ABOUT STARRY'S INTELLECTUAL PROPERTY, AND CLAIMS RELATED TO THEFT OF THEIR SERVICE WILL NOT BE SUBJECT TO ARBITRATION.
The Service Agreements contain all of the terms and conditions that relate to our relationship. These terms and conditions are governed by New York law.
Entire Agreement. These terms and conditions and the other Service Agreements incorporated by reference herein constitute the entire agreement and understanding between you and Starry with respect to the subject matter of the Service Agreements, and supersede and nullify all prior written or verbal understandings, promises, agreements, or undertakings with respect to the Service. If any term or condition of these terms and conditions shall be adjudicated or determined as invalid or unenforceable by a court, tribunal, or arbitrator with appropriate jurisdiction over the subject matter, the remainder of these terms and conditions with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. Starry does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of these terms and conditions. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these terms and conditions.
Governing Law. These terms and conditions will be deemed to be executed and delivered in New York City, NY and will be governed by the laws of the State of New York without giving effect to any conflict of laws provisions.
Assignment. These terms and conditions and the Service may not be assigned by you. We may freely assign our rights and obligations under these terms and conditions with or without notice to you.
You may contact us by phone, email, or mail.
For any inquiries or notices required in connection with these terms and conditions, you may contact us as follows:
Attn: Legal Department
38 Chauncy Street, 2nd Floor
Boston, MA 02111