Gogo Biz™ Service and Aircell Website
Terms of Use Agreement
Gogo Biz™ Service (the “Service”) is provided by Aircell (“Aircell”, “we”, or “us”). As part of the Service, Aircell provides a website portal at airborne.aircell.com (the “Site”) that is accessible when you first access the Service.
This Terms of Use agreement (“Agreement”),and any other rules posted on the Site or in connection with the Service, sets forth the legally binding terms for your use of the Service. If you are an individual using the Service on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.
Please read the Agreement carefully before using the Service. This Agreement is a legally binding agreement between you (the individual using the Service, and the company, if any, for which it is used) and Aircell (and not any aircraft owner nor airline). By using the Service, you agree to be bound by the terms and conditions of this Agreement.
Use of The Service
Acceptable Use Policy. You hereby agree to comply with Aircell’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):
(a) Harm or threaten harm to persons or property
(b) Harass other persons;
(c) Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
(d) Engage in any fraud or misrepresentation;
(e) Provide instructional information about illegal activities;
(f) Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
(g) Infringe or violate another person’s rights, including privacy and intellectual property rights;
(h) Allow another person who has not paid for the Service to access or use the Service on his computer or device through your computer or device;
(i) Display offensive content on your computer or device, in view of another person;
(j) Knowingly distribute any virus or other malware;
(k) Access anynetwork or computer (including those providing the Service) in excess of the permission expressly granted to you;
(l) Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties’ to the communications;
(m) Attempt to decrypt any encrypted or scrambled communications;
(n) Introduce software or automated agents into the Service; or
(o) Attempt to impersonate any other person, including any Aircell employees.
Breach. Aircell reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you, if you violate Aircell’s Acceptable Use Policy or any other provision of this Agreement, including without limitation, refusing to provide access to and use of the Service to you, reporting you to the applicable customer or law enforcement authorities, and taking legal action against you.
Use Limits and Network Management. Aircell’s goal is to ensure that every user has a great experience. Towards that goal, Aircell may prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications. In times of heavy network usage, this may impact the functioning of high bandwidth applications. As with any mobile broadband network, speed may vary due to your device, atmospheric conditions, terrain, network capacity, and aircraft location. Content, file sharing or multiplayer gaming requiring highbandwidth, such as VoIP, streaming audio and video, and file sharing, are givena lower priority and at times may be blocked or not work consistently. Service is available only when it is within the operating range of the Aircell system or of an operator with which Aircell has an applicable roaming agreement. Aircell coverage locations and maps 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, maintenance and repair, and national security issues, and maybe interrupted, refused, limited, or curtailed.
Restrictions. You agree not to resell or attempt to resell any aspect of theService, whether for profit or otherwise, share your Internet Protocol address (“IP address”) or Service connection with anyone, access the Service simultaneously through multiple devices or 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 address or other address that you use inconnection with the Service. We will assign you an IP address each time you access the Service, and it may vary. You will not program any other IP address into your device. The Service is not available outside the continental United States, unless otherwise stated by Aircell in writing. You may use the Service only when the use of electronic devices is permitted on your flight.
Hardware Requirements. A compatible laptop, personal digital assistant or handheld device with WI-FI capability is required to enable operation of the Service. You are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device iscompatible with the Service. It is your responsibility to make sure the device being used to connect to the Service has a WI-FI radio connection.
Third Party Service. The Service may allow you to access certain Internet Service and content that are provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Service”),including, for example, the Wall Street Journal digest available on the Site. You agree that Aircell bears no responsibility for such Third PartyService or your continued access to them via the Service. You are responsible for any fees for Third Party Service that result from your accessto or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third Party Service through the Service and that your use of the Third Party Service is in compliance with the terms of use applicable to such Third Party Service.
Content. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.
Privacy And Security
Privacy. Use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Security. Aircell does not guarantee security. If you use the Service to access your company email or information, it is your responsibility to ensure that your use complies with your company’s internal information technology and security procedures. We may, due to legal or contractual requirements, 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 this Agreement, including, but not limited to those activities that may subject Aircell or its customers to liability or danger.
Term And Termination
This Agreement will commence upon your first access to the Site or use of the Service and will remain infull force and effect unless and until you discontinue your use of the Service.
Aircell may stop providing the Service to you immediately:
(i) if you are in breach of this Agreement; or
(ii) if Aircell decides in its sole discretion to stop providing the Service generally.
Aircell stops providing the Service, Aircell has no further obligation to you. Aircell will not have any liability whatsoever to you for any termination of the Service, or related loss of data or information. Aircell may modify, suspend or discontinue the Service at anytime, for any reason, at our sole discretion.
Fees
The applicable customer must pay the fees for the Service, to the extent the Service is provided without additional fee to any person on that customer’s plane. However, if Aircell enables individual passengers to use the Service on a plane for which the Service is not generally enabled, you agree to comply with Aircell’s payment terms applicable to such individual-level Service.
Disclaimers
The Service is provided “As-Is”and as available. Aircell and its Service providers, partners, and affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Aircell (and each of its service providers) makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; or (c) the results that may be obtained from the use of the Service will be accurate or reliable. Except for certain services and products specifically identified as being offered by Aircell, Aircell does not control any materials, information, products, or services on the Internet, some of which may be offensive to you. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in wireless communications and technology, and Aircell does not make any assurances or warranties relating to such risks.
You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Aircell shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third PartyServices, and that Aircell makes no representations or warranties with respect to the Third Party Services.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Proprietary Rights
You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site are owned by Aircell, or Aircell’s licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service or Site content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide theService to any third party on a service bureau or time sharing basis or otherwise.
Limitation on Liability
In no event shall Aircell be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Aircell has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Aircell’s liability (Including but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times belimited to the greater of Fifty US Dollars ($50) and the amounts you paid to Aircell in the twelve (12) months prior to the accrual of the claim, if any.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Indemnity
You agree to defend, hold harmless, and indemnify Aircell, its subsidiaries, affiliates, officers, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out ofyour use of the Service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
General
Survival. The provisions under the Sections entitled Proprietary Rights, Acceptable Use And Conduct, Privacy And Security, Disclaimers, Limitation On Liability, and Indemnity will survive termination of this Agreement for any reason.
Governing Law and Venue. This Agreement shall be governed by the laws of the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strictliability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chicago, Illinois, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
Assignment. All or any of Aircell’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Aircell’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Aircell, and any attempt to do so is void.
Other. This Agreement (which includes the PrivacyPolicy and any other rules posted on the Site) constitutes the entire agreement between you and Aircell regarding the use of the Service. Aircell’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Disclosures. Under California CivilCode Section 1789.3, Customers who are residents of California are entitled tothe following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA , 95814, orby telephone at 916.445.1254. Parental control protections (such as computer hardware, software, or filtering services) that may assist you inlimiting access to material that is harmful to minors are commercially available – see www.google.com/Top/Computers/Internet/Child_Safety/
Trademarks. Aircell, the Aircell logo, “In Touch, InFlight”, “Aircell Axxess”, and "Aircell On Board" are registered trademarks of Aircell Business Aviation Services LLC. The names of all other Aircell products on this Site are trademarks of Aircell Business Aviation Services LLC or itsaffiliates. All third-party trademarks on the Site are trademarks of their respective owners.
Copyright. The contents of all material available on this Site are copyrighted by Aircell Business Aviation Services LLC unless otherwise indicated. The contents of this Site are subject to U.S.and foreign copyright laws. You may make a copy of this content (other than any content available via the Service, which is subject to different licenses) for your personal or internal company use only, provided that you keep all copyright and proprietary notices intact. You may not otherwise copy, modify, transmit,or distribute in any way content available on this Site, including software,without the prior written permission of Aircell. For permission, please e-mail the Webmaster. webmaster@aircell.com
Amendments. We may amend this Agreement from time to time. If we make material changes to the Agreement, we will notify you by sending you an email to the email address specified in your Account. Your continued use of the Service after an amended Agreement has been sent to you will constitute your acceptance of the amended Agreement.
Entire Agreement. This Agreement (including all incorporated documents and policies) sets forth the entire understanding and agreement between you and Aircell with respect to the subject matter hereof.
Notices. Aircell will give legal notice to you by means of a general notice on the Service. All legal notices given by you shall be mailed to: Gogo; ATTN: General Counsel; 1250 North Arlington Heights Rd., Suite 500, Itasca, IL 60143.
This Agreement was last modified in March, 2009.