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Terms & Conditions

TERMS AND CONDITIONS

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

INTRODUCTION

This zoomMediaPlus Service Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of service (the "Service Terms and Conditions") upon which zoomMediaPlus, Inc. ("zoomMediaPlus") will provide you prepaid Around Town Internet™ mobile broadband service (the "Around Town Internet Service"). In this Agreement, "you" and "your" mean the customer of the Around Town Internet Service provided by zoomMediaPlus, and "we", "our" and "us" mean zoomMediaPlus and any zoomMediaPlus affiliate authorized to provide you with the Around Town Internet Service.

ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AROUND TOWN INTERNET SERVICE

By using the Around Town Internet Service, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the Around Town Internet Service. These Service Terms and Conditions govern whether you activate the Around Town Internet Service through zoomMediaPlus directly or whether you do so through a third party. If you do not want to accept the Service Terms and Conditions, do not use the Around Town Internet Service. Instead, contact Around Town Internet Service customer services at 1-855-678-9123.

You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.

CHANGES TO THE AROUND TOWN INTERNET SERVICE TERMS AND CONDITIONS

zoomMediaPlus reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Service Terms and Conditions, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, and technologies used to provide Around Town Internet Service. The most current version of the Agreement can be reviewed by clicking on the "Service Terms and Conditions" link located at the zoomMediaPlus website (http://www.aroundtowninternet.com). The most current version of the Agreement will supersede all previous versions. Your use of the Around Town Internet Service and continued use of the Around Town Internet Service after changes are made means that you agree to be bound by such changes.

SCOPE OF THE AROUND TOWN INTERNET SERVICE

The Around Town Internet Service is provided through a nationwide wireless carrier ("Carrier"), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to Around Town Internet Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.

AVAILABILITY OF THE AROUND TOWN INTERNET SERVICE

Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier's control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither the Carrier nor we guarantees that the Around Town Internet Service will be available at any specific time or geographic location, or that the Around Town Internet Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier's control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the Around Town Internet Service for emergency communications.

TERM OF AGREEMENT

The term of this Agreement shall commence upon registration of your device using the Around Town Internet Service. This Agreement shall remain in effect for as long as you maintain an account with unexpired data or add additional data to your account within six (6) months of your last use of data, unless earlier terminated by zoomMediaPlus by giving notice or otherwise terminated in accordance with the terms of this Agreement. Sections 12, 13, 14, 15, 16, 17, 18, 19 and 21 shall survive termination of this Agreement.

Your Around Town Internet Service will not expire until your metered data is exhausted, or if sooner, after any six (6)-month period of continuous account inactivity. For this purpose, account activity includes use of Around Town Internet Service and the purchase and addition of data to your account.

COMPLIANCE WITH LAWS

Around Town Internet Service is for personal or business use only, and in using the Around Town Internet Service you agree to comply with all applicable laws.

INTENDED USE OF AROUND TOWN INTERNET SERVICE (FAIR USE)

Around Town Internet Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. Unless you maintain a valid method of payment on file and subscribe to auto-plan renewals and auto-data refills, you may not be allowed to use the Around Town Internet Service with applications and systems that drive continuous heavy data sessions and generate excessive amounts of traffic. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Service Terms and Conditions.

RULES REGARDING USAGE, CHARGES, AND PAYMENTS

The Around Town Internet Service is a prepaid service. You authorize us to charge your credit card as needed to pay for the purchase of data plans and other services as they may be offered from time to time. By selecting the auto-renew option offered with a plan or service, you also authorize us to automatically charge your credit card and renew such data plan or service at the time it expires or, in the case of a data plan, when the data balance expires.

Although the Around Town Internet Service is a prepaid service, we, at our sole discretion, may allow for overage to occur in order to ensure uninterrupted service to you. You agree that if such is the case you are responsible for the cost of the overage and that we may either charge your credit card for usage exceeding the prepaid data plan or deduct the overage from the data plan that you purchase after an overage occurs. We reserve the right to charge for overage a higher data rate per megabyte than the average data rate per megabyte that was charged for the prepaid data plan.

We retrieve data usage information from the network operator and provide you tools to monitor your data usage and view your data balance. Although we strive to provide the most up–to–date information, we are not responsible for delayed or inaccurate data usage information received from the network operator. Your data usage is broken into usage sessions that we process as received from the network operator and charge each data usage session by the full megabyte. We also monitor your account balance and check when it reaches or goes below a certain threshold, which is solely determined by us and typically is set at less than 10% of the data amount included in a data plan product. When your account balance reaches or goes below the threshold, we send you a notification and either renew your data plan if auto-renew is selected or, if auto-renew is not selected, throttle down your network access rate until you purchase a new data plan. Data plans are purchased in multiples of megabytes or gigabytes where we count one gigabyte as equal to one thousand megabytes.

All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products, data plans and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your account or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.

SPECIFIC RULES REGARDING CONTENT

  1. Access to Content. Around Town Internet Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content") that is available and accessible from third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
  2. No Representations Regarding Content. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You will be solely responsible if you engage in any unauthorized use of Content.
  3. Safety and Security. We are not responsible for the content or security of data that you access or store while using your device with our Services.

SUSPENSION OR TERMINATION OF SERVICES

We reserve the right to issue a warning and to suspend or terminate your service and access to the Around Town Internet service website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Service Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to deny, disconnect, modify and/or terminate Around Town Internet Service, without notice, to anyone we believe is using the Around Town Internet Service in any manner prohibited or whose usage adversely impacts the Carrier's wireless network or service levels or hinders access to the Carrier's wireless network. We reserve the right to terminate the Around Town Internet Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of six months.

USE OF YOUR CUSTOMER INFORMATION

When you agree to the Service Terms and Conditions, you also agree to the terms of our Privacy Policy (available at http://www.aroundtowninternet.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is "Proprietary Customer Network Information" ("PCNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard PCNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://www.aroundtowninternet.com).

To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data that is properly requested by law enforcement.

AROUND TOWN INTERNET WEBSITE

You may use our website located at http://www.aroundtowninternet.com to manage your account, make purchases, view our content and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.aroundtowninternet.com). In order to provide you with ease of access to your account, zoomMediaPlus may place a cookie (a small text file) on any computer or mobile device from which you access the zoomMediaPlus site. When you revisit the zoomMediaPlus website, this cookie will enable us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions, including but not limited to their unauthorized use of the Around Town Internet Service.

DISPUTE RESOLUTION

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://www.support.aroundtowninternet.com and sending us an email using the link provided or by calling Around Town Internet customer service at 1-855-678-9123. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in Section 13 below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION

  1. Definitions. As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Around Town Internet Service or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this Agreement, the term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the Around Town Internet Service, (ii) your acquisition of, or enrollment for, the Around Town Internet Service; and (iii) advertisements, promotions or oral or written statements related to the Around Town Internet Service, or any goods or services purchased with the Around Town Internet Service.
  2. Initiation of Arbitration Proceeding/Selection of Administrator. With the exception of any dispute or any Claim pertaining to intellectual property rights, any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services ("JAMS"). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  3. Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE "RULES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  4. Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Around Town Internet Service users or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  5. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in San Diego County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.
  6. Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding.
  7. Severability of Arbitration Provisions. This arbitration provision shall survive termination of your Around Town Internet Service. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NO TRIAL BY JURY

If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Service Terms and Conditions or your use of the Around Town Internet Service.

WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMMEDIAPLUS AND Around Town Internet WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NOR THE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.

INDEMNIFICATION

You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the Around Town Internet Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

LOST OR STOLEN PREPAID CARDS

Neither zoomMediaPlus nor its business partners are responsible for lost or stolen prepaid cards for Around Town Internet Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT

This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

Revised January 2015

PRIVACY POLICY

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

At zoomMediaPlus, Inc. ("zoomMediaPlus," "we," "us," or "our") we understand that privacy is important, and we are strongly committed to protecting our customers’ privacy and visitors to our website at http://www.aroundtowninternet.com and any other subdomains used in conjunction with the http://www.aroundtowninternet.com domain (collectively, "our websites").

The following information is designed to help you better understand the information we gather from our websites, how we protect the information once we obtain it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information gathered on our websites. This Privacy Policy applies only to our websites and not to other companies’ or organizations’ services or websites to which we may link, even if they market our products or use the zoomMediaPlus name or logo. By visiting our websites or using the services provided there, you accept the practices described in this Privacy Policy.

INFORMATION WE COLLECT

Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide features that are most likely to meet your needs, and to customize our service to make your experience easier.

  1. General Data. We gather certain usage information like the number and frequency of visitors to our websites. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in general meaning no specific tracking to your personal information. This collective data helps us determine how much our customers use parts of our websites, and do internal research on our customer demographics, interests, and behavior to better understand and serve you.
    This type of general, non-personal information may also be collected and/or used by third parties that support our services. In addition, we aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
  2. Personal Information. Users are asked to disclose information when they sign up for our services such as name, address, phone number, birth date, gender, credit card information, and email address (collectively "Personal Information"). The Personal Information collected from our customers during the registration process is used to manage each customer account. We also gather such information to provide products and/or services that more closely reflect your preferences. Additionally, we may use such Personal Information to enhance our marketing and promotion efforts, analyze website usage, improve content and product offerings, and customize our website’s content, design layout, and services.
  3. Account Password. To activate and manage your account and to access certain services, we require you to provide a password (your "Password"). When accessing your account or providing your Password, you must provide accurate and complete information to zoomMediaPlus. You are solely responsible for maintaining the confidentiality of your Password and are individually responsible for any activity conducted using your Password. You agree not to use the account, customer name, or password of another customer at any time unless that customer is under 18 and you are the parent or guardian of that customer.
  4. Volunteer Surveys. We may, at times, conduct surveys of our customers and/or users of our websites ("Survey Participants"). We encourage you to participate in these voluntary surveys because they provide us with important information that aids us in improving how we provide service and the types of services we offer. Your personal information and responses will remain confidential, even if the survey is conducted by a third-party.
    We may take the information we collect from individuals responding to surveys and combine (or aggregate) it with responses of other Survey Participants to create broader, generic responses to the survey questions (such as gender, age, residence, interests, education level, employment, industry, or other demographic information). We then use the combined information to increase the quality of our services to you, and to develop new services and products. This combined, non-personally identifiable, information may be shared with third-party affiliates.

HOW WE USE YOUR INFORMATION

We may use personal information to contact you and distribute information to you via your home phone, address, email, voice or text messages on your mobile phone if you are a zoomMediaPlus customer. We may also share personal information with certain third parties so that these third parties can share information with you about new products, services and promotions that we believe will interest you unless you decline. By accepting this Privacy Policy or by purchasing or using our products or our jointly-branded products, you expressly agree to such usage and sharing of information. Additionally, zoomMediaPlus may use non-personal information in aggregate form for demographic marketing purposes, and may disclose this information to third parties, including advertisers.

In certain special circumstances, we may contact zoomMediaPlus customers to deliver service-oriented messages, even if you have asked that we not contact you about special airtime events or promotions. These messages will be limited and only for this purpose.

We may use third party service providers to facilitate our services, and therefore, we may provide some of your personal information directly to them. In addition, we employ other companies and individuals to perform functions on our behalf. Some examples may include fulfilling orders, providing mobile content, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These service providers may have access to personal information and may use it as needed to perform their functions, but may not use it for any other purpose, except that they may aggregate your personal information with similar information from other customers in a manner that does not personally identify you.

zoomMediaPlus cooperates with law enforcement inquiries, as well as other third parties, to enforce laws, such as protecting intellectual property rights and preventing fraud. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, to respond to claims or legal process, to protect the property of zoomMediaPlus or the safety of its employees or others, to investigate fraud, intellectual property infringement, or other activity that is or may be illegal or expose us or you to liability.

In the event that zoomMediaPlus or its partners be acquired by or merged with another business entity, you should expect that zoomMediaPlus or its partners to share some or all of your personal information to continue to provide service. You will receive notice of such event (to the extent that it occurs), and we will request that the new combined entity follow the practices disclosed in this Privacy Policy or notify you of any changes.

Third party vendors, including Google, show your ads on sites on the Internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you can point users to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

zoomMediaPlus uses a Teracent cookie in order to display ads to visitors of www.aroundtowninternet.com on other websites via Google and Google’s partners. You may opt-out of Teracent cookies here: http://www.teracent.com/about-us/opt-out/.

CHOICES ABOUT YOUR PRIVACY

zoomMediaPlus customers may change the personal information you have elected to share with us. You also have choices in the types of communications you wish to receive from us. To change your notification settings, or to change any of your personal information, visit http://www.aroundtowninternet.com to log in to your account where you can manage your account information.

COOKIES

"Cookies" are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. [Because each browser is different you can click the "Help" menu of your browser to learn how to change your cookie preferences.] You are free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our websites and you may be required to re-enter your Password more frequently during a session. Additionally, a number of companies not related to zoomMediaPlus provide services designed to help you visit websites anonymously.

Cookies help us provide customized services and can also help us direct information that is targeted to your interests. zoomMediaPlus uses cookies to inform us how and when pages in our websites are viewed, and by how many people. zoomMediaPlus also uses cookies to remember you when you "sign in" to our websites, so that we can provide you with relevant content, such as your account information and other important information you may want to access frequently. zoomMediaPlus cookies do not combine information collected through cookies with other personal information. zoomMediaPlus uses two kinds of cookies. Each time you log on to any of our websites, zoomMediaPlus uses a "session cookie" to remember you until approximately 30 minutes has expired or the closing of your browser, whichever occurs first and to help make sure that you remain logged in to our website. Session cookies are automatically deleted from your hard drive at the end of a session. We also use "persistent cookies," which allow us to remember what is in your shopping cart to aggregate certain non-personally identifiable usage data in ways that help us improve our services. In addition, you may encounter cookies or other similar devices on our websites that are placed by third parties. We do not control the use of cookies by third parties, including third party websites to which we may link.

We use Google Analytics and other services to help analyze how customers use our websites through the use of cookies. The information generated by the cookie about your use of our website (including your IP address) is transmitted to and stored by these analytics partners. This information is used for the purpose of evaluating your use of our websites, assembling reports on website activity for website developers and providing other services relating to website activity and Internet usage. These analytics partners may transfer this information to third parties where required to do so by law, or to third parties that process information on its behalf. Neither partner will associate your IP address with any other data held regarding you.

POLICY TOWARD CHILDREN

zoomMediaPlus is concerned about the safety and privacy of children who use the Internet. In adhering to the Children’s Online Privacy Protection Act of 1998, we will never deliberately collect personal information from anyone under the age of 13 without prior verifiable parental consent and may limit participation in certain services we provide to individuals over 13 years of age. At various places on our websites, we may request that customers provide a year of birth. If a child under 13 responds to that request, we will direct him or her to have a parent or guardian call a live customer care agent at 1855-678-9123, where a parent will be permitted to purchase a zoomMediaPlus device, establish an account and activate the on behalf of a child under 13. In these circumstances, activation can be made only by phone with a live customer care agent, and the account must be in the parent’s name. If we become aware that a child under 13 has or has attempted to provide us with personal information, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has done this, he or she should contact the following customer care agent to remove this information:

Customer Service
ZoomMediaPlus, Inc.
P.O. Box 910707
San Diego, CA 92191-0707
Tel: 855 678-9123
Fax: 858 793 9899
http://www.support.aroundtowninternet.com

LOCATION-BASED INFORMATION

Location-based information is information that indicates the location of usage of your zoomMediaPlus device. When you plug in your device, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by many circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not guarantee that service will be provided without interruption.

By using our services, you consent to allow us or our partners to electronically collect, monitor and track your physical location. We collect and disclose your location information only to anonymously analyze geographic usage, improve the quality of our service, and aid in emergency situations as prescribed by law. If you allow other users to use your device, you are responsible for informing these users that their location information may be collected and/or disclosed. We will not provide your location information to third parties other than as prescribed by law without your consent. Any information that is collected, monitored, or tracked regarding your physical location or the location of your device will not be retained longer than is necessary to provide the necessary information to improve our services to customers.

OTHER INFORMATION COLLECTORS

Except as otherwise explicitly included in this Privacy Policy, this document addresses only the use and disclosure of information that we or our partners collect from you. To the extent that you disclose your information to other parties, different rules may apply as to their use or disclosure of your information. We encourage you to ask questions before you disclose your personal information to other entities.

INFORMATION SECURITY

zoomMediaPlus uses standard industry practices to safeguard the confidentiality of your personal information. zoomMediaPlus treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company.

Unfortunately, perfect security does not exist on the Internet, and therefore, zoomMediaPlus makes no representations or warranties regarding the sufficiency of our security safeguards. zoomMediaPlus shall not be responsible for any damages that result from a lapse in compliance with this Privacy Policy because of a security breach, technical malfunction or similar problem. Always be careful and responsible regarding your personal information.

We are not responsible for, and cannot control, the use by others of any information which you provide to them via our wireless services. Similarly, we will not assume any responsibility for the content of any personal information or communication you receive from other customers through our wireless services.

APPLICABLE LAW

Personal information that is submitted to our websites will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. customer, you acknowledge and agree that we may collect and use your personal information outside your resident jurisdiction.

In addition, such personal information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for your information that is available in other countries. BY PROVIDING US WITH YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOUR HAVE READ THIS PRIVACY POLICY, UNDERSTAND IT, AGREE TO ITS TERMS AND CONSENT TO THE TRANSFER OF SUCH INFORMATION OUTSIDE YOUR RESIDENT JURISDICTION. If you do not consent to the terms of this Privacy Policy, please do not use our websites.

CHANGES TO THE PRIVACY POLICY

zoomMediaPlus may, from time to time, make changes to this policy based on your comments and our need to accurately reflect our legal obligations and our data collection and disclosure practices. By continuing to use our websites and services or by calling zoomMediaPlus customer service at 1-855-678-9123, you agree to be bound by the latest version of this policy, which may be viewed anytime by clicking on the "Privacy Policy" link at the foot of the each of our websites.

MORE INFORMATION

For questions or concerns about zoomMediaPlus or our websites, please contact customer care by visiting http://support.aroundtowninternet.com or call customer service at 1-855-678-9123. Calls to Customer Service may be monitored for quality assurance.



TERMS AND CONDITIONS

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

INTRODUCTION

This zoomMediaPlus Service Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of service (the "Service Terms and Conditions") upon which zoomMediaPlus, Inc. ("zoomMediaPlus") will provide you prepaid Around Town Internet™ mobile broadband service (the "Around Town Internet Service"). In this Agreement, "you" and "your" mean the customer of the Around Town Internet Service provided by zoomMediaPlus, and "we", "our" and "us" mean zoomMediaPlus and any zoomMediaPlus affiliate authorized to provide you with the Around Town Internet Service.

ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AROUND TOWN INTERNET SERVICE

By using the Around Town Internet Service, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the Around Town Internet Service. These Service Terms and Conditions govern whether you activate the Around Town Internet Service through zoomMediaPlus directly or whether you do so through a third party. If you do not want to accept the Service Terms and Conditions, do not use the Around Town Internet Service. Instead, contact Around Town Internet Service customer services at 1-855-678-9123.

You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.

CHANGES TO THE AROUND TOWN INTERNET SERVICE TERMS AND CONDITIONS

zoomMediaPlus reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Service Terms and Conditions, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, and technologies used to provide Around Town Internet Service. The most current version of the Agreement can be reviewed by clicking on the "Service Terms and Conditions" link located at the zoomMediaPlus website (http://www.aroundtowninternet.com). The most current version of the Agreement will supersede all previous versions. Your use of the Around Town Internet Service and continued use of the Around Town Internet Service after changes are made means that you agree to be bound by such changes.

SCOPE OF THE AROUND TOWN INTERNET SERVICE

The Around Town Internet Service is provided through a nationwide wireless carrier ("Carrier"), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to Around Town Internet Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.

AVAILABILITY OF THE AROUND TOWN INTERNET SERVICE

Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier's control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither the Carrier nor we guarantees that the Around Town Internet Service will be available at any specific time or geographic location, or that the Around Town Internet Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier's control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the Around Town Internet Service for emergency communications.

TERM OF AGREEMENT

The term of this Agreement shall commence upon registration of your device using the Around Town Internet Service. This Agreement shall remain in effect for as long as you maintain an account with unexpired data or add additional data to your account within six (6) months of your last use of data, unless earlier terminated by zoomMediaPlus by giving notice or otherwise terminated in accordance with the terms of this Agreement. Sections 12, 13, 14, 15, 16, 17, 18, 19 and 21 shall survive termination of this Agreement.

Your Around Town Internet Service will not expire until your metered data is exhausted, or if sooner, after any six (6)-month period of continuous account inactivity. For this purpose, account activity includes use of Around Town Internet Service and the purchase and addition of data to your account.

COMPLIANCE WITH LAWS

Around Town Internet Service is for personal or business use only, and in using the Around Town Internet Service you agree to comply with all applicable laws.

INTENDED USE OF AROUND TOWN INTERNET SERVICE (FAIR USE)

Around Town Internet Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. Unless you maintain a valid method of payment on file and subscribe to auto-plan renewals and auto-data refills, you may not be allowed to use the Around Town Internet Service with applications and systems that drive continuous heavy data sessions and generate excessive amounts of traffic. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Service Terms and Conditions.

RULES REGARDING USAGE, CHARGES, AND PAYMENTS

The Around Town Internet Service is a prepaid service. You authorize us to charge your credit card as needed to pay for the purchase of data plans and other services as they may be offered from time to time. By selecting the auto-renew option offered with a plan or service, you also authorize us to automatically charge your credit card and renew such data plan or service at the time it expires or, in the case of a data plan, when the data balance expires.

Although the Around Town Internet Service is a prepaid service, we, at our sole discretion, may allow for overage to occur in order to ensure uninterrupted service to you. You agree that if such is the case you are responsible for the cost of the overage and that we may either charge your credit card for usage exceeding the prepaid data plan or deduct the overage from the data plan that you purchase after an overage occurs. We reserve the right to charge for overage a higher data rate per megabyte than the average data rate per megabyte that was charged for the prepaid data plan.

We retrieve data usage information from the network operator and provide you tools to monitor your data usage and view your data balance. Although we strive to provide the most up–to–date information, we are not responsible for delayed or inaccurate data usage information received from the network operator. Your data usage is broken into usage sessions that we process as received from the network operator and charge each data usage session by the full megabyte. We also monitor your account balance and check when it reaches or goes below a certain threshold, which is solely determined by us and typically is set at less than 10% of the data amount included in a data plan product. When your account balance reaches or goes below the threshold, we send you a notification and either renew your data plan if auto-renew is selected or, if auto-renew is not selected, throttle down your network access rate until you purchase a new data plan. Data plans are purchased in multiples of megabytes or gigabytes where we count one gigabyte as equal to one thousand megabytes.

All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products, data plans and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your account or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.

SPECIFIC RULES REGARDING CONTENT

  1. Access to Content. Around Town Internet Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content") that is available and accessible from third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
  2. No Representations Regarding Content. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You will be solely responsible if you engage in any unauthorized use of Content.
  3. Safety and Security. We are not responsible for the content or security of data that you access or store while using your device with our Services.

SUSPENSION OR TERMINATION OF SERVICES

We reserve the right to issue a warning and to suspend or terminate your service and access to the Around Town Internet service website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Service Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to deny, disconnect, modify and/or terminate Around Town Internet Service, without notice, to anyone we believe is using the Around Town Internet Service in any manner prohibited or whose usage adversely impacts the Carrier's wireless network or service levels or hinders access to the Carrier's wireless network. We reserve the right to terminate the Around Town Internet Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of six months.

USE OF YOUR CUSTOMER INFORMATION

When you agree to the Service Terms and Conditions, you also agree to the terms of our Privacy Policy (available at http://www.aroundtowninternet.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is "Proprietary Customer Network Information" ("PCNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard PCNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://www.aroundtowninternet.com).

To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data that is properly requested by law enforcement.

AROUND TOWN INTERNET WEBSITE

You may use our website located at http://www.aroundtowninternet.com to manage your account, make purchases, view our content and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.aroundtowninternet.com). In order to provide you with ease of access to your account, zoomMediaPlus may place a cookie (a small text file) on any computer or mobile device from which you access the zoomMediaPlus site. When you revisit the zoomMediaPlus website, this cookie will enable us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions, including but not limited to their unauthorized use of the Around Town Internet Service.

DISPUTE RESOLUTION

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://www.support.aroundtowninternet.com and sending us an email using the link provided or by calling Around Town Internet customer service at 1-855-678-9123. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in Section 13 below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION

  1. Definitions. As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Around Town Internet Service or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this Agreement, the term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the Around Town Internet Service, (ii) your acquisition of, or enrollment for, the Around Town Internet Service; and (iii) advertisements, promotions or oral or written statements related to the Around Town Internet Service, or any goods or services purchased with the Around Town Internet Service.
  2. Initiation of Arbitration Proceeding/Selection of Administrator. With the exception of any dispute or any Claim pertaining to intellectual property rights, any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services ("JAMS"). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  3. Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE "RULES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  4. Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Around Town Internet Service users or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  5. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in San Diego County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.
  6. Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding.
  7. Severability of Arbitration Provisions. This arbitration provision shall survive termination of your Around Town Internet Service. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NO TRIAL BY JURY

If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Service Terms and Conditions or your use of the Around Town Internet Service.

WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMMEDIAPLUS AND Around Town Internet WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NOR THE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.

INDEMNIFICATION

You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the Around Town Internet Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

LOST OR STOLEN PREPAID CARDS

Neither zoomMediaPlus nor its business partners are responsible for lost or stolen prepaid cards for Around Town Internet Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT

This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

Revised January 2015

PRIVACY POLICY

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

At zoomMediaPlus, Inc. ("zoomMediaPlus," "we," "us," or "our") we understand that privacy is important, and we are strongly committed to protecting our customers’ privacy and visitors to our website at http://www.aroundtowninternet.com and any other subdomains used in conjunction with the http://www.aroundtowninternet.com domain (collectively, "our websites").

The following information is designed to help you better understand the information we gather from our websites, how we protect the information once we obtain it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information gathered on our websites. This Privacy Policy applies only to our websites and not to other companies’ or organizations’ services or websites to which we may link, even if they market our products or use the zoomMediaPlus name or logo. By visiting our websites or using the services provided there, you accept the practices described in this Privacy Policy.

INFORMATION WE COLLECT

Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide features that are most likely to meet your needs, and to customize our service to make your experience easier.

  1. General Data. We gather certain usage information like the number and frequency of visitors to our websites. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in general meaning no specific tracking to your personal information. This collective data helps us determine how much our customers use parts of our websites, and do internal research on our customer demographics, interests, and behavior to better understand and serve you.
    This type of general, non-personal information may also be collected and/or used by third parties that support our services. In addition, we aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
  2. Personal Information. Users are asked to disclose information when they sign up for our services such as name, address, phone number, birth date, gender, credit card information, and email address (collectively "Personal Information"). The Personal Information collected from our customers during the registration process is used to manage each customer account. We also gather such information to provide products and/or services that more closely reflect your preferences. Additionally, we may use such Personal Information to enhance our marketing and promotion efforts, analyze website usage, improve content and product offerings, and customize our website’s content, design layout, and services.
  3. Account Password. To activate and manage your account and to access certain services, we require you to provide a password (your "Password"). When accessing your account or providing your Password, you must provide accurate and complete information to zoomMediaPlus. You are solely responsible for maintaining the confidentiality of your Password and are individually responsible for any activity conducted using your Password. You agree not to use the account, customer name, or password of another customer at any time unless that customer is under 18 and you are the parent or guardian of that customer.
  4. Volunteer Surveys. We may, at times, conduct surveys of our customers and/or users of our websites ("Survey Participants"). We encourage you to participate in these voluntary surveys because they provide us with important information that aids us in improving how we provide service and the types of services we offer. Your personal information and responses will remain confidential, even if the survey is conducted by a third-party.
    We may take the information we collect from individuals responding to surveys and combine (or aggregate) it with responses of other Survey Participants to create broader, generic responses to the survey questions (such as gender, age, residence, interests, education level, employment, industry, or other demographic information). We then use the combined information to increase the quality of our services to you, and to develop new services and products. This combined, non-personally identifiable, information may be shared with third-party affiliates.

HOW WE USE YOUR INFORMATION

We may use personal information to contact you and distribute information to you via your home phone, address, email, voice or text messages on your mobile phone if you are a zoomMediaPlus customer. We may also share personal information with certain third parties so that these third parties can share information with you about new products, services and promotions that we believe will interest you unless you decline. By accepting this Privacy Policy or by purchasing or using our products or our jointly-branded products, you expressly agree to such usage and sharing of information. Additionally, zoomMediaPlus may use non-personal information in aggregate form for demographic marketing purposes, and may disclose this information to third parties, including advertisers.

In certain special circumstances, we may contact zoomMediaPlus customers to deliver service-oriented messages, even if you have asked that we not contact you about special airtime events or promotions. These messages will be limited and only for this purpose.

We may use third party service providers to facilitate our services, and therefore, we may provide some of your personal information directly to them. In addition, we employ other companies and individuals to perform functions on our behalf. Some examples may include fulfilling orders, providing mobile content, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These service providers may have access to personal information and may use it as needed to perform their functions, but may not use it for any other purpose, except that they may aggregate your personal information with similar information from other customers in a manner that does not personally identify you.

zoomMediaPlus cooperates with law enforcement inquiries, as well as other third parties, to enforce laws, such as protecting intellectual property rights and preventing fraud. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, to respond to claims or legal process, to protect the property of zoomMediaPlus or the safety of its employees or others, to investigate fraud, intellectual property infringement, or other activity that is or may be illegal or expose us or you to liability.

In the event that zoomMediaPlus or its partners be acquired by or merged with another business entity, you should expect that zoomMediaPlus or its partners to share some or all of your personal information to continue to provide service. You will receive notice of such event (to the extent that it occurs), and we will request that the new combined entity follow the practices disclosed in this Privacy Policy or notify you of any changes.

Third party vendors, including Google, show your ads on sites on the Internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you can point users to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

zoomMediaPlus uses a Teracent cookie in order to display ads to visitors of www.aroundtowninternet.com on other websites via Google and Google’s partners. You may opt-out of Teracent cookies here: http://www.teracent.com/about-us/opt-out/.

CHOICES ABOUT YOUR PRIVACY

zoomMediaPlus customers may change the personal information you have elected to share with us. You also have choices in the types of communications you wish to receive from us. To change your notification settings, or to change any of your personal information, visit http://www.aroundtowninternet.com to log in to your account where you can manage your account information.

COOKIES

"Cookies" are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. [Because each browser is different you can click the "Help" menu of your browser to learn how to change your cookie preferences.] You are free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our websites and you may be required to re-enter your Password more frequently during a session. Additionally, a number of companies not related to zoomMediaPlus provide services designed to help you visit websites anonymously.

Cookies help us provide customized services and can also help us direct information that is targeted to your interests. zoomMediaPlus uses cookies to inform us how and when pages in our websites are viewed, and by how many people. zoomMediaPlus also uses cookies to remember you when you "sign in" to our websites, so that we can provide you with relevant content, such as your account information and other important information you may want to access frequently. zoomMediaPlus cookies do not combine information collected through cookies with other personal information. zoomMediaPlus uses two kinds of cookies. Each time you log on to any of our websites, zoomMediaPlus uses a "session cookie" to remember you until approximately 30 minutes has expired or the closing of your browser, whichever occurs first and to help make sure that you remain logged in to our website. Session cookies are automatically deleted from your hard drive at the end of a session. We also use "persistent cookies," which allow us to remember what is in your shopping cart to aggregate certain non-personally identifiable usage data in ways that help us improve our services. In addition, you may encounter cookies or other similar devices on our websites that are placed by third parties. We do not control the use of cookies by third parties, including third party websites to which we may link.

We use Google Analytics and other services to help analyze how customers use our websites through the use of cookies. The information generated by the cookie about your use of our website (including your IP address) is transmitted to and stored by these analytics partners. This information is used for the purpose of evaluating your use of our websites, assembling reports on website activity for website developers and providing other services relating to website activity and Internet usage. These analytics partners may transfer this information to third parties where required to do so by law, or to third parties that process information on its behalf. Neither partner will associate your IP address with any other data held regarding you.

POLICY TOWARD CHILDREN

zoomMediaPlus is concerned about the safety and privacy of children who use the Internet. In adhering to the Children’s Online Privacy Protection Act of 1998, we will never deliberately collect personal information from anyone under the age of 13 without prior verifiable parental consent and may limit participation in certain services we provide to individuals over 13 years of age. At various places on our websites, we may request that customers provide a year of birth. If a child under 13 responds to that request, we will direct him or her to have a parent or guardian call a live customer care agent at 1855-678-9123, where a parent will be permitted to purchase a zoomMediaPlus device, establish an account and activate the on behalf of a child under 13. In these circumstances, activation can be made only by phone with a live customer care agent, and the account must be in the parent’s name. If we become aware that a child under 13 has or has attempted to provide us with personal information, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has done this, he or she should contact the following customer care agent to remove this information:

Customer Service
ZoomMediaPlus, Inc.
P.O. Box 910707
San Diego, CA 92191-0707
Tel: 855 678-9123
Fax: 858 793 9899
http://www.support.aroundtowninternet.com

LOCATION-BASED INFORMATION

Location-based information is information that indicates the location of usage of your zoomMediaPlus device. When you plug in your device, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by many circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not guarantee that service will be provided without interruption.

By using our services, you consent to allow us or our partners to electronically collect, monitor and track your physical location. We collect and disclose your location information only to anonymously analyze geographic usage, improve the quality of our service, and aid in emergency situations as prescribed by law. If you allow other users to use your device, you are responsible for informing these users that their location information may be collected and/or disclosed. We will not provide your location information to third parties other than as prescribed by law without your consent. Any information that is collected, monitored, or tracked regarding your physical location or the location of your device will not be retained longer than is necessary to provide the necessary information to improve our services to customers.

OTHER INFORMATION COLLECTORS

Except as otherwise explicitly included in this Privacy Policy, this document addresses only the use and disclosure of information that we or our partners collect from you. To the extent that you disclose your information to other parties, different rules may apply as to their use or disclosure of your information. We encourage you to ask questions before you disclose your personal information to other entities.

INFORMATION SECURITY

zoomMediaPlus uses standard industry practices to safeguard the confidentiality of your personal information. zoomMediaPlus treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company.

Unfortunately, perfect security does not exist on the Internet, and therefore, zoomMediaPlus makes no representations or warranties regarding the sufficiency of our security safeguards. zoomMediaPlus shall not be responsible for any damages that result from a lapse in compliance with this Privacy Policy because of a security breach, technical malfunction or similar problem. Always be careful and responsible regarding your personal information.

We are not responsible for, and cannot control, the use by others of any information which you provide to them via our wireless services. Similarly, we will not assume any responsibility for the content of any personal information or communication you receive from other customers through our wireless services.

APPLICABLE LAW

Personal information that is submitted to our websites will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. customer, you acknowledge and agree that we may collect and use your personal information outside your resident jurisdiction.

In addition, such personal information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for your information that is available in other countries. BY PROVIDING US WITH YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOUR HAVE READ THIS PRIVACY POLICY, UNDERSTAND IT, AGREE TO ITS TERMS AND CONSENT TO THE TRANSFER OF SUCH INFORMATION OUTSIDE YOUR RESIDENT JURISDICTION. If you do not consent to the terms of this Privacy Policy, please do not use our websites.

CHANGES TO THE PRIVACY POLICY

zoomMediaPlus may, from time to time, make changes to this policy based on your comments and our need to accurately reflect our legal obligations and our data collection and disclosure practices. By continuing to use our websites and services or by calling zoomMediaPlus customer service at 1-855-678-9123, you agree to be bound by the latest version of this policy, which may be viewed anytime by clicking on the "Privacy Policy" link at the foot of the each of our websites.

MORE INFORMATION

For questions or concerns about zoomMediaPlus or our websites, please contact customer care by visiting http://support.aroundtowninternet.com or call customer service at 1-855-678-9123. Calls to Customer Service may be monitored for quality assurance.



TERMS AND CONDITIONS

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

INTRODUCTION

This zoomMediaPlus Service Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of service (the "Service Terms and Conditions") upon which zoomMediaPlus, Inc. ("zoomMediaPlus") will provide you prepaid Around Town Internet™ mobile broadband service (the "Around Town Internet Service"). In this Agreement, "you" and "your" mean the customer of the Around Town Internet Service provided by zoomMediaPlus, and "we", "our" and "us" mean zoomMediaPlus and any zoomMediaPlus affiliate authorized to provide you with the Around Town Internet Service.

ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AROUND TOWN INTERNET SERVICE

By using the Around Town Internet Service, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the Around Town Internet Service. These Service Terms and Conditions govern whether you activate the Around Town Internet Service through zoomMediaPlus directly or whether you do so through a third party. If you do not want to accept the Service Terms and Conditions, do not use the Around Town Internet Service. Instead, contact Around Town Internet Service customer services at 1-855-678-9123.

You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.

CHANGES TO THE AROUND TOWN INTERNET SERVICE TERMS AND CONDITIONS

zoomMediaPlus reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Service Terms and Conditions, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, and technologies used to provide Around Town Internet Service. The most current version of the Agreement can be reviewed by clicking on the "Service Terms and Conditions" link located at the zoomMediaPlus website (http://www.aroundtowninternet.com). The most current version of the Agreement will supersede all previous versions. Your use of the Around Town Internet Service and continued use of the Around Town Internet Service after changes are made means that you agree to be bound by such changes.

SCOPE OF THE AROUND TOWN INTERNET SERVICE

The Around Town Internet Service is provided through a nationwide wireless carrier ("Carrier"), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to Around Town Internet Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.

AVAILABILITY OF THE AROUND TOWN INTERNET SERVICE

Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier's control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither the Carrier nor we guarantees that the Around Town Internet Service will be available at any specific time or geographic location, or that the Around Town Internet Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier's control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the Around Town Internet Service for emergency communications.

TERM OF AGREEMENT

The term of this Agreement shall commence upon registration of your device using the Around Town Internet Service. This Agreement shall remain in effect for as long as you maintain an account with unexpired data or add additional data to your account within six (6) months of your last use of data, unless earlier terminated by zoomMediaPlus by giving notice or otherwise terminated in accordance with the terms of this Agreement. Sections 12, 13, 14, 15, 16, 17, 18, 19 and 21 shall survive termination of this Agreement.

Your Around Town Internet Service will not expire until your metered data is exhausted, or if sooner, after any six (6)-month period of continuous account inactivity. For this purpose, account activity includes use of Around Town Internet Service and the purchase and addition of data to your account.

COMPLIANCE WITH LAWS

Around Town Internet Service is for personal or business use only, and in using the Around Town Internet Service you agree to comply with all applicable laws.

INTENDED USE OF AROUND TOWN INTERNET SERVICE (FAIR USE)

Around Town Internet Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. Unless you maintain a valid method of payment on file and subscribe to auto-plan renewals and auto-data refills, you may not be allowed to use the Around Town Internet Service with applications and systems that drive continuous heavy data sessions and generate excessive amounts of traffic. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Service Terms and Conditions.

RULES REGARDING USAGE, CHARGES, AND PAYMENTS

The Around Town Internet Service is a prepaid service. You authorize us to charge your credit card as needed to pay for the purchase of data plans and other services as they may be offered from time to time. By selecting the auto-renew option offered with a plan or service, you also authorize us to automatically charge your credit card and renew such data plan or service at the time it expires or, in the case of a data plan, when the data balance expires.

Although the Around Town Internet Service is a prepaid service, we, at our sole discretion, may allow for overage to occur in order to ensure uninterrupted service to you. You agree that if such is the case you are responsible for the cost of the overage and that we may either charge your credit card for usage exceeding the prepaid data plan or deduct the overage from the data plan that you purchase after an overage occurs. We reserve the right to charge for overage a higher data rate per megabyte than the average data rate per megabyte that was charged for the prepaid data plan.

We retrieve data usage information from the network operator and provide you tools to monitor your data usage and view your data balance. Although we strive to provide the most up–to–date information, we are not responsible for delayed or inaccurate data usage information received from the network operator. Your data usage is broken into usage sessions that we process as received from the network operator and charge each data usage session by the full megabyte. We also monitor your account balance and check when it reaches or goes below a certain threshold, which is solely determined by us and typically is set at less than 10% of the data amount included in a data plan product. When your account balance reaches or goes below the threshold, we send you a notification and either renew your data plan if auto-renew is selected or, if auto-renew is not selected, throttle down your network access rate until you purchase a new data plan. Data plans are purchased in multiples of megabytes or gigabytes where we count one gigabyte as equal to one thousand megabytes.

All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products, data plans and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your account or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.

SPECIFIC RULES REGARDING CONTENT

  1. Access to Content. Around Town Internet Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content") that is available and accessible from third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
  2. No Representations Regarding Content. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You will be solely responsible if you engage in any unauthorized use of Content.
  3. Safety and Security. We are not responsible for the content or security of data that you access or store while using your device with our Services.

SUSPENSION OR TERMINATION OF SERVICES

We reserve the right to issue a warning and to suspend or terminate your service and access to the Around Town Internet service website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Service Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to deny, disconnect, modify and/or terminate Around Town Internet Service, without notice, to anyone we believe is using the Around Town Internet Service in any manner prohibited or whose usage adversely impacts the Carrier's wireless network or service levels or hinders access to the Carrier's wireless network. We reserve the right to terminate the Around Town Internet Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of six months.

USE OF YOUR CUSTOMER INFORMATION

When you agree to the Service Terms and Conditions, you also agree to the terms of our Privacy Policy (available at http://www.aroundtowninternet.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is "Proprietary Customer Network Information" ("PCNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard PCNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://www.aroundtowninternet.com).

To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data that is properly requested by law enforcement.

AROUND TOWN INTERNET WEBSITE

You may use our website located at http://www.aroundtowninternet.com to manage your account, make purchases, view our content and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.aroundtowninternet.com). In order to provide you with ease of access to your account, zoomMediaPlus may place a cookie (a small text file) on any computer or mobile device from which you access the zoomMediaPlus site. When you revisit the zoomMediaPlus website, this cookie will enable us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions, including but not limited to their unauthorized use of the Around Town Internet Service.

DISPUTE RESOLUTION

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://www.support.aroundtowninternet.com and sending us an email using the link provided or by calling Around Town Internet customer service at 1-855-678-9123. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in Section 13 below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION

  1. Definitions. As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Around Town Internet Service or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this Agreement, the term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the Around Town Internet Service, (ii) your acquisition of, or enrollment for, the Around Town Internet Service; and (iii) advertisements, promotions or oral or written statements related to the Around Town Internet Service, or any goods or services purchased with the Around Town Internet Service.
  2. Initiation of Arbitration Proceeding/Selection of Administrator. With the exception of any dispute or any Claim pertaining to intellectual property rights, any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services ("JAMS"). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  3. Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE "RULES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  4. Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Around Town Internet Service users or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  5. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in San Diego County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.
  6. Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding.
  7. Severability of Arbitration Provisions. This arbitration provision shall survive termination of your Around Town Internet Service. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NO TRIAL BY JURY

If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Service Terms and Conditions or your use of the Around Town Internet Service.

WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMMEDIAPLUS AND Around Town Internet WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NOR THE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.

INDEMNIFICATION

You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the Around Town Internet Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

LOST OR STOLEN PREPAID CARDS

Neither zoomMediaPlus nor its business partners are responsible for lost or stolen prepaid cards for Around Town Internet Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT

This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

Revised January 2015

PRIVACY POLICY

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

At zoomMediaPlus, Inc. ("zoomMediaPlus," "we," &quoquot;us," or "our") we understand that privacy is important, and we are strongly committed to protecting our customers’ privacy and visitors to our website at http://www.aroundtowninternet.com and any other subdomains used in conjunction with the http://www.aroundtowninternet.com domain (collectively, "our websites").

The following information is designed to help you better understand the information we gather from our websites, how we protect the information once we obtain it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information gathered on our websites. This Privacy Policy applies only to our websites and not to other companies’ or organizations’ services or websites to which we may link, even if they market our products or use the zoomMediaPlus name or logo. By visiting our websites or using the services provided there, you accept the practices described in this Privacy Policy.

INFORMATION WE COLLECT

Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide features that are most likely to meet your needs, and to customize our service to make your experience easier.

  1. General Data. We gather certain usage information like the number and frequency of visitors to our websites. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in general meaning no specific tracking to your personal information. This collective data helps us determine how much our customers use parts of our websites, and do internal research on our customer demographics, interests, and behavior to better understand and serve you.
    This type of general, non-personal information may also be collected and/or used by third parties that support our services. In addition, we aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
  2. Personal Information. Users are asked to disclose information when they sign up for our services such as name, address, phone number, birth date, gender, credit card information, and email address (collectively "Personal Information"). The Personal Information collected from our customers during the registration process is used to manage each customer account. We also gather such information to provide products and/or services that more closely reflect your preferences. Additionally, we may use such Personal Information to enhance our marketing and promotion efforts, analyze website usage, improve content and product offerings, and customize our website’s content, design layout, and services.
  3. Account Password. To activate and manage your account and to access certain services, we require you to provide a password (your "Password"). When accessing your account or providing your Password, you must provide accurate and complete information to zoomMediaPlus. You are solely responsible for maintaining the confidentiality of your Password and are individually responsible for any activity conducted using your Password. You agree not to use the account, customer name, or password of another customer at any time unless that customer is under 18 and you are the parent or guardian of that customer.
  4. Volunteer Surveys. We may, at times, conduct surveys of our customers and/or users of our websites ("Survey Participants"). We encourage you to participate in these voluntary surveys because they provide us with important information that aids us in improving how we provide service and the types of services we offer. Your personal information and responses will remain confidential, even if the survey is conducted by a third-party.
    We may take the information we collect from individuals responding to surveys and combine (or aggregate) it with responses of other Survey Participants to create broader, generic responses to the survey questions (such as gender, age, residence, interests, education level, employment, industry, or other demographic information). We then use the combined information to increase the quality of our services to you, and to develop new services and products. This combined, non-personally identifiable, information may be shared with third-party affiliates.

HOW WE USE YOUR INFORMATION

We may use personal information to contact you and distribute information to you via your home phone, address, email, voice or text messages on your mobile phone if you are a zoomMediaPlus customer. We may also share personal information with certain third parties so that these third parties can share information with you about new products, services and promotions that we believe will interest you unless you decline. By accepting this Privacy Policy or by purchasing or using our products or our jointly-branded products, you expressly agree to such usage and sharing of information. Additionally, zoomMediaPlus may use non-personal information in aggregate form for demographic marketing purposes, and may disclose this information to third parties, including advertisers.

In certain special circumstances, we may contact zoomMediaPlus customers to deliver service-oriented messages, even if you have asked that we not contact you about special airtime events or promotions. These messages will be limited and only for this purpose.

We may use third party service providers to facilitate our services, and therefore, we may provide some of your personal information directly to them. In addition, we employ other companies and individuals to perform functions on our behalf. Some examples may include fulfilling orders, providing mobile content, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These service providers may have access to personal information and may use it as needed to perform their functions, but may not use it for any other purpose, except that they may aggregate your personal information with similar information from other customers in a manner that does not personally identify you.

zoomMediaPlus cooperates with law enforcement inquiries, as well as other third parties, to enforce laws, such as protecting intellectual property rights and preventing fraud. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, to respond to claims or legal process, to protect the property of zoomMediaPlus or the safety of its employees or others, to investigate fraud, intellectual property infringement, or other activity that is or may be illegal or expose us or you to liability.

In the event that zoomMediaPlus or its partners be acquired by or merged with another business entity, you should expect that zoomMediaPlus or its partners to share some or all of your personal information to continue to provide service. You will receive notice of such event (to the extent that it occurs), and we will request that the new combined entity follow the practices disclosed in this Privacy Policy or notify you of any changes.

Third party vendors, including Google, show your ads on sites on the Internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you can point users to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

zoomMediaPlus uses a Teracent cookie in order to display ads to visitors of www.aroundtowninternet.com on other websites via Google and Google’s partners. You may opt-out of Teracent cookies here: http://www.teracent.com/about-us/opt-out/.

CHOICES ABOUT YOUR PRIVACY

zoomMediaPlus customers may change the personal information you have elected to share with us. You also have choices in the types of communications you wish to receive from us. To change your notification settings, or to change any of your personal information, visit http://www.aroundtowninternet.com to log in to your account where you can manage your account information.

COOKIES

"Cookies" are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. [Because each browser is different you can click the "Help" menu of your browser to learn how to change your cookie preferences.] You are free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our websites and you may be required to re-enter your Password more frequently during a session. Additionally, a number of companies not related to zoomMediaPlus provide services designed to help you visit websites anonymously.

Cookies help us provide customized services and can also help us direct information that is targeted to your interests. zoomMediaPlus uses cookies to inform us how and when pages in our websites are viewed, and by how many people. zoomMediaPlus also uses cookies to remember you when you "sign in" to our websites, so that we can provide you with relevant content, such as your account information and other important information you may want to access frequently. zoomMediaPlus cookies do not combine information collected through cookies with other personal information. zoomMediaPlus uses two kinds of cookies. Each time you log on to any of our websites, zoomMediaPlus uses a "session cookie" to remember you until approximately 30 minutes has expired or the closing of your browser, whichever occurs first and to help make sure that you remain logged in to our website. Session cookies are automatically deleted from your hard drive at the end of a session. We also use "persistent cookies," which allow us to remember what is in your shopping cart to aggregate certain non-personally identifiable usage data in ways that help us improve our services. In addition, you may encounter cookies or other similar devices on our websites that are placed by third parties. We do not control the use of cookies by third parties, including third party websites to which we may link.

We use Google Analytics and other services to help analyze how customers use our websites through the use of cookies. The information generated by the cookie about your use of our website (including your IP address) is transmitted to and stored by these analytics partners. This information is used for the purpose of evaluating your use of our websites, assembling reports on website activity for website developers and providing other services relating to website activity and Internet usage. These analytics partners may transfer this information to third parties where required to do so by law, or to third parties that process information on its behalf. Neither partner will associate your IP address with any other data held regarding you.

POLICY TOWARD CHILDREN

zoomMediaPlus is concerned about the safety and privacy of children who use the Internet. In adhering to the Children’s Online Privacy Protection Act of 1998, we will never deliberately collect personal information from anyone under the age of 13 without prior verifiable parental consent and may limit participation in certain services we provide to individuals over 13 years of age. At various places on our websites, we may request that customers provide a year of birth. If a child under 13 responds to that request, we will direct him or her to have a parent or guardian call a live customer care agent at 1855-678-9123, where a parent will be permitted to purchase a zoomMediaPlus device, establish an account and activate the on behalf of a child under 13. In these circumstances, activation can be made only by phone with a live customer care agent, and the account must be in the parent’s name. If we become aware that a child under 13 has or has attempted to provide us with personal information, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has done this, he or she should contact the following customer care agent to remove this information:

Customer Service
ZoomMediaPlus, Inc.
P.O. Box 910707
San Diego, CA 92191-0707
Tel: 855 678-9123
Fax: 858 793 9899
http://www.support.aroundtowninternet.com

LOCATION-BASED INFORMATION

Location-based information is information that indicates the location of usage of your zoomMediaPlus device. When you plug in your device, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by many circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not guarantee that service will be provided without interruption.

By using our services, you consent to allow us or our partners to electronically collect, monitor and track your physical location. We collect and disclose your location information only to anonymously analyze geographic usage, improve the quality of our service, and aid in emergency situations as prescribed by law. If you allow other users to use your device, you are responsible for informing these users that their location information may be collected and/or disclosed. We will not provide your location information to third parties other than as prescribed by law without your consent. Any information that is collected, monitored, or tracked regarding your physical location or the location of your device will not be retained longer than is necessary to provide the necessary information to improve our services to customers.

OTHER INFORMATION COLLECTORS

Except as otherwise explicitly included in this Privacy Policy, this document addresses only the use and disclosure of information that we or our partners collect from you. To the extent that you disclose your information to other parties, different rules may apply as to their use or disclosure of your information. We encourage you to ask questions before you disclose your personal information to other entities.

INFORMATION SECURITY

zoomMediaPlus uses standard industry practices to safeguard the confidentiality of your personal information. zoomMediaPlus treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company.

Unfortunately, perfect security does not exist on the Internet, and therefore, zoomMediaPlus makes no representations or warranties regarding the sufficiency of our security safeguards. zoomMediaPlus shall not be responsible for any damages that result from a lapse in compliance with this Privacy Policy because of a security breach, technical malfunction or similar problem. Always be careful and responsible regarding your personal information.

We are not responsible for, and cannot control, the use by others of any information which you provide to them via our wireless services. Similarly, we will not assume any responsibility for the content of any personal information or communication you receive from other customers through our wireless services.

APPLICABLE LAW

Personal information that is submitted to our websites will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. customer, you acknowledge and agree that we may collect and use your personal information outside your resident jurisdiction.

In addition, such personal information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for your information that is available in other countries. BY PROVIDING US WITH YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOUR HAVE READ THIS PRIVACY POLICY, UNDERSTAND IT, AGREE TO ITS TERMS AND CONSENT TO THE TRANSFER OF SUCH INFORMATION OUTSIDE YOUR RESIDENT JURISDICTION. If you do not consent to the terms of this Privacy Policy, please do not use our websites.

CHANGES TO THE PRIVACY POLICY

zoomMediaPlus may, from time to time, make changes to this policy based on your comments and our need to accurately reflect our legal obligations and our data collection and disclosure practices. By continuing to use our websites and services or by calling zoomMediaPlus customer service at 1-855-678-9123, you agree to be bound by the latest version of this policy, which may be viewed anytime by clicking on the "Privacy Policy" link at the foot of the each of our websites.

MORE INFORMATION

For questions or concerns about zoomMediaPlus or our websites, please contact customer care by visiting http://support.aroundtowninternet.com or call customer service at 1-855-678-9123. Calls to Customer Service may be monitored for quality assurance.



TERMS AND CONDITIONS

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

INTRODUCTION

This zoomMediaPlus Service Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of service (the "Service Terms and Conditions") upon which zoomMediaPlus, Inc. ("zoomMediaPlus") will provide you prepaid Around Town Internet™ mobile broadband service (the "Around Town Internet Service"). In this Agreement, "you" and "your" mean the customer of the Around Town Internet Service provided by zoomMediaPlus, and "we", "our" and "us" mean zoomMediaPlus and any zoomMediaPlus affiliate authorized to provide you with the Around Town Internet Service.

ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AROUND TOWN INTERNET SERVICE

By using the Around Town Internet Service, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the Around Town Internet Service. These Service Terms and Conditions govern whether you activate the Around Town Internet Service through zoomMediaPlus directly or whether you do so through a third party. If you do not want to accept the Service Terms and Conditions, do not use the Around Town Internet Service. Instead, contact Around Town Internet Service customer services at 1-855-678-9123.

You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.

CHANGES TO THE AROUND TOWN INTERNET SERVICE TERMS AND CONDITIONS

zoomMediaPlus reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Service Terms and Conditions, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, and technologies used to provide Around Town Internet Service. The most current version of the Agreement can be reviewed by clicking on the "Service Terms and Conditions" link located at the zoomMediaPlus website (http://www.aroundtowninternet.com). The most current version of the Agreement will supersede all previous versions. Your use of the Around Town Internet Service and continued use of the Around Town Internet Service after changes are made means that you agree to be bound by such changes.

SCOPE OF THE AROUND TOWN INTERNET SERVICE

The Around Town Internet Service is provided through a nationwide wireless carrier ("Carrier"), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to Around Town Internet Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.

AVAILABILITY OF THE AROUND TOWN INTERNET SERVICE

Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier's control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither the Carrier nor we guarantees that the Around Town Internet Service will be available at any specific time or geographic location, or that the Around Town Internet Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier's control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the Around Town Internet Service for emergency communications.

TERM OF AGREEMENT

The term of this Agreement shall commence upon registration of your device using the Around Town Internet Service. This Agreement shall remain in effect for as long as you maintain an account with unexpired data or add additional data to your account within six (6) months of your last use of data, unless earlier terminated by zoomMediaPlus by giving notice or otherwise terminated in accordance with the terms of this Agreement. Sections 12, 13, 14, 15, 16, 17, 18, 19 and 21 shall survive termination of this Agreement.

Your Around Town Internet Service will not expire until your metered data is exhausted, or if sooner, after any six (6)-month period of continuous account inactivity. For this purpose, account activity includes use of Around Town Internet Service and the purchase and addition of data to your account.

COMPLIANCE WITH LAWS

Around Town Internet Service is for personal or business use only, and in using the Around Town Internet Service you agree to comply with all applicable laws.

INTENDED USE OF AROUND TOWN INTERNET SERVICE (FAIR USE)

Around Town Internet Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. Unless you maintain a valid method of payment on file and subscribe to auto-plan renewals and auto-data refills, you may not be allowed to use the Around Town Internet Service with applications and systems that drive continuous heavy data sessions and generate excessive amounts of traffic. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Service Terms and Conditions.

RULES REGARDING USAGE, CHARGES, AND PAYMENTS

The Around Town Internet Service is a prepaid service. You authorize us to charge your credit card as needed to pay for the purchase of data plans and other services as they may be offered from time to time. By selecting the auto-renew option offered with a plan or service, you also authorize us to automatically charge your credit card and renew such data plan or service at the time it expires or, in the case of a data plan, when the data balance expires.

Although the Around Town Internet Service is a prepaid service, we, at our sole discretion, may allow for overage to occur in order to ensure uninterrupted service to you. You agree that if such is the case you are responsible for the cost of the overage and that we may either charge your credit card for usage exceeding the prepaid data plan or deduct the overage from the data plan that you purchase after an overage occurs. We reserve the right to charge for overage a higher data rate per megabyte than the average data rate per megabyte that was charged for the prepaid data plan.

We retrieve data usage information from the network operator and provide you tools to monitor your data usage and view your data balance. Although we strive to provide the most up–to–date information, we are not responsible for delayed or inaccurate data usage information received from the network operator. Your data usage is broken into usage sessions that we process as received from the network operator and charge each data usage session by the full megabyte. We also monitor your account balance and check when it reaches or goes below a certain threshold, which is solely determined by us and typically is set at less than 10% of the data amount included in a data plan product. When your account balance reaches or goes below the threshold, we send you a notification and either renew your data plan if auto-renew is selected or, if auto-renew is not selected, throttle down your network access rate until you purchase a new data plan. Data plans are purchased in multiples of megabytes or gigabytes where we count one gigabyte as equal to one thousand megabytes.

All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products, data plans and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your account or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.

SPECIFIC RULES REGARDING CONTENT

  1. Access to Content. Around Town Internet Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials ("Content") that is available and accessible from third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
  2. No Representations Regarding Content. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You will be solely responsible if you engage in any unauthorized use of Content.
  3. Safety and Security. We are not responsible for the content or security of data that you access or store while using your device with our Services.

SUSPENSION OR TERMINATION OF SERVICES

We reserve the right to issue a warning and to suspend or terminate your service and access to the Around Town Internet service website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Service Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to deny, disconnect, modify and/or terminate Around Town Internet Service, without notice, to anyone we believe is using the Around Town Internet Service in any manner prohibited or whose usage adversely impacts the Carrier's wireless network or service levels or hinders access to the Carrier's wireless network. We reserve the right to terminate the Around Town Internet Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of six months.

USE OF YOUR CUSTOMER INFORMATION

When you agree to the Service Terms and Conditions, you also agree to the terms of our Privacy Policy (available at http://www.aroundtowninternet.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your usage. We always will handle this data, which is "Proprietary Customer Network Information" ("PCNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take sensible steps to safeguard PCNI and your other personal information from unauthorized use or disclosure. Except as set forth by the Privacy Policy, we will not deliberately share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit your profile on our website (http://www.aroundtowninternet.com).

To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data that is properly requested by law enforcement.

AROUND TOWN INTERNET WEBSITE

You may use our website located at http://www.aroundtowninternet.com to manage your account, make purchases, view our content and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.aroundtowninternet.com). In order to provide you with ease of access to your account, zoomMediaPlus may place a cookie (a small text file) on any computer or mobile device from which you access the zoomMediaPlus site. When you revisit the zoomMediaPlus website, this cookie will enable us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions, including but not limited to their unauthorized use of the Around Town Internet Service.

DISPUTE RESOLUTION

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://www.support.aroundtowninternet.com and sending us an email using the link provided or by calling Around Town Internet customer service at 1-855-678-9123. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in Section 13 below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION

  1. Definitions. As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Around Town Internet Service or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this Agreement, the term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the Around Town Internet Service, (ii) your acquisition of, or enrollment for, the Around Town Internet Service; and (iii) advertisements, promotions or oral or written statements related to the Around Town Internet Service, or any goods or services purchased with the Around Town Internet Service.
  2. Initiation of Arbitration Proceeding/Selection of Administrator. With the exception of any dispute or any Claim pertaining to intellectual property rights, any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services ("JAMS"). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  3. Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE "RULES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  4. Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Around Town Internet Service users or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  5. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in San Diego County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.
  6. Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding.
  7. Severability of Arbitration Provisions. This arbitration provision shall survive termination of your Around Town Internet Service. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NO TRIAL BY JURY

If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Service Terms and Conditions or your use of the Around Town Internet Service.

WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMMEDIAPLUS AND Around Town Internet WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NOR THE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.

INDEMNIFICATION

You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the Around Town Internet Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

LOST OR STOLEN PREPAID CARDS

Neither zoomMediaPlus nor its business partners are responsible for lost or stolen prepaid cards for Around Town Internet Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT

This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

Revised January 2015

PRIVACY POLICY

AROUND TOWN INTERNET SERVICE
BY ZOOMMEDIAPLUS

At zoomMediaPlus, Inc. ("zoomMediaPlus," "we," "us," or "our") we understand that privacy is important, and we are strongly committed to protecting our customers’ privacy and visitors to our website at http://www.aroundtowninternet.com and any other subdomains used in conjunction with the http://www.aroundtowninternet.com domain (collectively, "our websites").

The following information is designed to help you better understand the information we gather from our websites, how we protect the information once we obtain it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information gathered on our websites. This Privacy Policy applies only to our websites and not to other companies’ or organizations’ services or websites to which we may link, even if they market our products or use the zoomMediaPlus name or logo. By visiting our websites or using the services provided there, you accept the practices described in this Privacy Policy.

INFORMATION WE COLLECT

Our primary goal in collecting personal information is to provide you with a smooth, efficient and customized experience. This allows us to provide features that are most likely to meet your needs, and to customize our service to make your experience easier.

  1. General Data. We gather certain usage information like the number and frequency of visitors to our websites. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in general meaning no specific tracking to your personal information. This collective data helps us determine how much our customers use parts of our websites, and do internal research on our customer demographics, interests, and behavior to better understand and serve you.
    This type of general, non-personal information may also be collected and/or used by third parties that support our services. In addition, we aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
  2. Personal Information. Users are asked to disclose information when they sign up for our services such as name, address, phone number, birth date, gender, credit card information, and email address (collectively "Personal Information"). The Personal Information collected from our customers during the registration process is used to manage each customer account. We also gather such information to provide products and/or services that more closely reflect your preferences. Additionally, we may use such Personal Information to enhance our marketing and promotion efforts, analyze website usage, improve content and product offerings, and customize our website’s content, design layout, and services.
  3. Account Password. To activate and manage your account and to access certain services, we require you to provide a password (your "Password"). When accessing your account or providing your Password, you must provide accurate and complete information to zoomMediaPlus. You are solely responsible for maintaining the confidentiality of your Password and are individually responsible for any activity conducted using your Password. You agree not to use the account, customer name, or password of another customer at any time unless that customer is under 18 and you are the parent or guardian of that customer.
  4. Volunteer Surveys. We may, at times, conduct surveys of our customers and/or users of our websites ("Survey Participants"). We encourage you to participate in these voluntary surveys because they provide us with important information that aids us in improving how we provide service and the types of services we offer. Your personal information and responses will remain confidential, even if the survey is conducted by a third-party.
    We may take the information we collect from individuals responding to surveys and combine (or aggregate) it with responses of other Survey Participants to create broader, generic responses to the survey questions (such as gender, age, residence, interests, education level, employment, industry, or other demographic information). We then use the combined information to increase the quality of our services to you, and to develop new services and products. This combined, non-personally identifiable, information may be shared with third-party affiliates.

HOW WE USE YOUR INFORMATION

We may use personal information to contact you and distribute information to you via your home phone, address, email, voice or text messages on your mobile phone if you are a zoomMediaPlus customer. We may also share personal information with certain third parties so that these third parties can share information with you about new products, services and promotions that we believe will interest you unless you decline. By accepting this Privacy Policy or by purchasing or using our products or our jointly-branded products, you expressly agree to such usage and sharing of information. Additionally, zoomMediaPlus may use non-personal information in aggregate form for demographic marketing purposes, and may disclose this information to third parties, including advertisers.

In certain special circumstances, we may contact zoomMediaPlus customers to deliver service-oriented messages, even if you have asked that we not contact you about special airtime events or promotions. These messages will be limited and only for this purpose.

We may use third party service providers to facilitate our services, and therefore, we may provide some of your personal information directly to them. In addition, we employ other companies and individuals to perform functions on our behalf. Some examples may include fulfilling orders, providing mobile content, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These service providers may have access to personal information and may use it as needed to perform their functions, but may not use it for any other purpose, except that they may aggregate your personal information with similar information from other customers in a manner that does not personally identify you.

zoomMediaPlus cooperates with law enforcement inquiries, as well as other third parties, to enforce laws, such as protecting intellectual property rights and preventing fraud. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, to respond to claims or legal process, to protect the property of zoomMediaPlus or the safety of its employees or others, to investigate fraud, intellectual property infringement, or other activity that is or may be illegal or expose us or you to liability.

In the event that zoomMediaPlus or its partners be acquired by or merged with another business entity, you should expect that zoomMediaPlus or its partners to share some or all of your personal information to continue to provide service. You will receive notice of such event (to the extent that it occurs), and we will request that the new combined entity follow the practices disclosed in this Privacy Policy or notify you of any changes.

Third party vendors, including Google, show your ads on sites on the Internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you can point users to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

zoomMediaPlus uses a Teracent cookie in order to display ads to visitors of www.aroundtowninternet.com on other websites via Google and Google’s partners. You may opt-out of Teracent cookies here: http://www.teracent.com/about-us/opt-out/.

CHOICES ABOUT YOUR PRIVACY

zoomMediaPlus customers may change the personal information you have elected to share with us. You also have choices in the types of communications you wish to receive from us. To change your notification settings, or to change any of your personal information, visit http://www.aroundtowninternet.com to log in to your account where you can manage your account information.

COOKIES

"Cookies" are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. [Because each browser is different you can click the "Help" menu of your browser to learn how to change your cookie preferences.] You are free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our websites and you may be required to re-enter your Password more frequently during a session. Additionally, a number of companies not related to zoomMediaPlus provide services designed to help you visit websites anonymously.

Cookies help us provide customized services and can also help us direct information that is targeted to your interests. zoomMediaPlus uses cookies to inform us how and when pages in our websites are viewed, and by how many people. zoomMediaPlus also uses cookies to remember you when you "sign in" to our websites, so that we can provide you with relevant content, such as your account information and other important information you may want to access frequently. zoomMediaPlus cookies do not combine information collected through cookies with other personal information. zoomMediaPlus uses two kinds of cookies. Each time you log on to any of our websites, zoomMediaPlus uses a "session cookie" to remember you until approximately 30 minutes has expired or the closing of your browser, whichever occurs first and to help make sure that you remain logged in to our website. Session cookies are automatically deleted from your hard drive at the end of a session. We also use "persistent cookies," which allow us to remember what is in your shopping cart to aggregate certain non-personally identifiable usage data in ways that help us improve our services. In addition, you may encounter cookies or other similar devices on our websites that are placed by third parties. We do not control the use of cookies by third parties, including third party websites to which we may link.

We use Google Analytics and other services to help analyze how customers use our websites through the use of cookies. The information generated by the cookie about your use of our website (including your IP address) is transmitted to and stored by these analytics partners. This information is used for the purpose of evaluating your use of our websites, assembling reports on website activity for website developers and providing other services relating to website activity and Internet usage. These analytics partners may transfer this information to third parties where required to do so by law, or to third parties that process information on its behalf. Neither partner will associate your IP address with any other data held regarding you.

POLICY TOWARD CHILDREN

zoomMediaPlus is concerned about the safety and privacy of children who use the Internet. In adhering to the Children’s Online Privacy Protection Act of 1998, we will never deliberately collect personal information from anyone under the age of 13 without prior verifiable parental consent and may limit participation in certain services we provide to individuals over 13 years of age. At various places on our websites, we may request that customers provide a year of birth. If a child under 13 responds to that request, we will direct him or her to have a parent or guardian call a live customer care agent at 1855-678-9123, where a parent will be permitted to purchase a zoomMediaPlus device, establish an account and activate the on behalf of a child under 13. In these circumstances, activation can be made only by phone with a live customer care agent, and the account must be in the parent’s name. If we become aware that a child under 13 has or has attempted to provide us with personal information, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has done this, he or she should contact the following customer care agent to remove this information:

Customer Service
ZoomMediaPlus, Inc.
P.O. Box 910707
San Diego, CA 92191-0707
Tel: 855 678-9123
Fax: 858 793 9899
http://www.support.aroundtowninternet.com

LOCATION-BASED INFORMATION

Location-based information is information that indicates the location of usage of your zoomMediaPlus device. When you plug in your device, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by many circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not guarantee that service will be provided without interruption.

By using our services, you consent to allow us or our partners to electronically collect, monitor and track your physical location. We collect and disclose your location information only to anonymously analyze geographic usage, improve the quality of our service, and aid in emergency situations as prescribed by law. If you allow other users to use your device, you are responsible for informing these users that their location information may be collected and/or disclosed. We will not provide your location information to third parties other than as prescribed by law without your consent. Any information that is collected, monitored, or tracked regarding your physical location or the location of your device will not be retained longer than is necessary to provide the necessary information to improve our services to customers.

OTHER INFORMATION COLLECTORS

Except as otherwise explicitly included in this Privacy Policy, this document addresses only the use and disclosure of information that we or our partners collect from you. To the extent that you disclose your information to other parties, different rules may apply as to their use or disclosure of your information. We encourage you to ask questions before you disclose your personal information to other entities.

INFORMATION SECURITY

zoomMediaPlus uses standard industry practices to safeguard the confidentiality of your personal information. zoomMediaPlus treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company.

Unfortunately, perfect security does not exist on the Internet, and therefore, zoomMediaPlus makes no representations or warranties regarding the sufficiency of our security safeguards. zoomMediaPlus shall not be responsible for any damages that result from a lapse in compliance with this Privacy Policy because of a security breach, technical malfunction or similar problem. Always be careful and responsible regarding your personal information.

We are not responsible for, and cannot control, the use by others of any information which you provide to them via our wireless services. Similarly, we will not assume any responsibility for the content of any personal information or communication you receive from other customers through our wireless services.

APPLICABLE LAW

Personal information that is submitted to our websites will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. customer, you acknowledge and agree that we may collect and use your personal information outside your resident jurisdiction.

In addition, such personal information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for your information that is available in other countries. BY PROVIDING US WITH YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOUR HAVE READ THIS PRIVACY POLICY, UNDERSTAND IT, AGREE TO ITS TERMS AND CONSENT TO THE TRANSFER OF SUCH INFORMATION OUTSIDE YOUR RESIDENT JURISDICTION. If you do not consent to the terms of this Privacy Policy, please do not use our websites.

CHANGES TO THE PRIVACY POLICY

zoomMediaPlus may, from time to time, make changes to this policy based on your comments and our need to accurately reflect our legal obligations and our data collection and disclosure practices. By continuing to use our websites and services or by calling zoomMediaPlus customer service at 1-855-678-9123, you agree to be bound by the latest version of this policy, which may be viewed anytime by clicking on the "Privacy Policy" link at the foot of the each of our websites.

MORE INFORMATION

For questions or concerns about zoomMediaPlus or our websites, please contact customer care by visiting http://support.aroundtowninternet.com or call customer service at 1-855-678-9123. Calls to Customer Service may be monitored for quality assurance.