Boingo Wireless Customer Agreement (with Acceptable Use Policy)

PLEASE READ THE FOLLOWING BOINGO CUSTOMER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE REGISTERING FOR A BOINGO ACCOUNT AND/OR USING THE BOINGO WIRELESS INTERNET ACCESS SERVICES. BY OPENING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND TO THIS CUSTOMER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CUSTOMER AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE AND MUST EXIT THE BOINGO REGISTRATION PROCESS, IF STARTED.

FOR CUSTOMERS WITH USUAL PLACE OF RESIDENCE OUTSIDE THE UK

This customer agreement is a legally binding agreement between you (an entity or person) ("Customer" or "you") and Boingo Wireless, Inc.("Boingo" or "we" or "us"), Delaware corporation whose main business address is at 10960 Wilshire Blvd., 23rd Floor, Los Angeles, CA 90024, USA.

FOR CUSTOMERS WITH USUAL PLACE OF RESIDENCE WITHIN THE UK

This customer agreement is a legally binding agreement between you (an entity or person) ("Customer" or "You") and Concourse Communications UK Limited, trading as Boingo ("Boingo" or "we" or "us"), a company registered in England and Wales with company number 07118962 and whose registered office is at 5 New Street Square, London, EC4A 3TW, United Kingdom, and whose main trading address is at Building 3, 566 Chiswick High Road, London, W4 5YA, United Kingdom. Our VAT number is 985424877.

TERMS APPLYING TO ALL CUSTOMERS IN EUROPE

This Agreement incorporates by reference the Boingo privacy policy and website terms of use posted on https://www.boingo.com ("Website") and any other Boingo policies posted on the Website, as updated from time to time. In the event of any conflict or inconsistency between such terms or policies and this Agreement, the terms of this Agreement shall prevail, but only to the extent of such conflict or inconsistency. For users establishing an account and/or using any Boingo service for their own personal use, nothing in this Agreement affects your statutory rights. You should print and keep a copy of this Agreement for your future reference.

Services
Opening a Boingo account and ordering Services
Charges and payment
Service commencement, subscription renewal and cancellation by you
Device and usage limits
Accessing Third Party Networks via Boingo Wi-Finder
Your username and password
Monitoring the Services; Location data
Our commitment to provide the Services
What we are not responsible for
Our liability
Acceptable use policy
Intellectual property rights
Software End User License Agreement
Suspension and termination by us
Governing law
Miscellaneous
Contacting us

Services. Boingo provides its Boingo AsYouGo, Boingo UK and Ireland, Boingo Europe Plus, Boingo Asia Pacific, Boingo Global, Boingo 1HR, Boingo Mobile and Boingo Wi-Fi Credits wireless Internet access services (each a "Service"), to customers who establish an account with Boingo and order any Service. The details of each Service are set out in the plan description on the Website. Boingo Unlimited is not currently available for purchase in the UK. Unless specified otherwise, the Services are supplied by Boingo. As part of some Services, Boingo may provide you with certain software needed to access the relavant Service, together with associated documentation and any updates to such software issued by us from time to time (together, "Software").
Opening a Boingo account and ordering Services.
1. To establish an account with Boingo, you must: (i) provide Boingo with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information; and (ii) report to Boingo all changes to this information within 30 days of the change. You must be at least 18 years old to establish an account. Boingo cannot accept any liability for your failure to comply with specific instructions stated on the Website or for any incorrect information provided by you.
2. Our invitation to you to order any Service is not an "offer" by us to sell to you at the prices on the Website. Instead, when you complete the order form, you make an offer to us to order the relevant Service, which we can accept or reject. The order is finalised and a legal contract, on the terms set out in this Agreement, is created between Boingo and you in respect of the ordered Service ("Contract") when we send you a confirmatory email accepting your order.
3. Purchasing Boingo Wi-Fi Credits on iTunes. Customers purchase Boingo Wi-Fi Credits using their iTunes account. Payment for the Boingo Wi-Fi Credits services by Customers shall be subject to and governed by the Apple iTunes Terms and Conditions which can be found at http://www.apple.com/legal/itunes/us/terms.html and this Services Agreement; provided that the following sections of this Services Agreement do not apply to Boingo Wi-Fi Credits Customers: Section 2(a), Section 2(b), Section 3(c), Section 3(d), Section 4(a) and Section 4(b).
4. You may also pay for the Service by using PayPal. If you pay for the Service via PayPal, you shall be subject to and governed by the PayPal Terms of Service, which can be found on the PayPal website https://www.paypal.com and this Agreement.
Charges and payment.
1. The charges for each Service are as set out in the plan description on the Website. If there is a mistake in the pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to order the relevant Service at that price or you may decide not to proceed.
2. You are responsible for any charges to your account. If you have questions regarding charges to your account, you should contact us by one of the methods set out in Section 18 below.
3. Charges are billed to the credit or debit card you provide during the order process or to your PayPal account. For Services (other than Boingo AsYouGo and Boingo 1HR) that involve an ongoing subscription (each a "Subscription Service"), charges are billed monthly. Any additional usage or services will be billed to the same credit or debit card or PayPal account. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, insufficient PayPal funds, etc.) resulting from charges correctly billed by Boingo.
4. If you do not pay us money you owe us on time (including if any correct charge to your credit or debit card or PayPal account is not authorised), we may suspend or terminate your access to any Service and Boingo reserves the right to pursue any and all legal remedies to collect the amount owed by you. However, charges will continue to be incurred until the account is canceled. We reserve the right to charge interest on all overdue amounts at the rate of 3% per year above the then-current base lending rate of the Bank of England until judgment or sooner payment.
Service commencement, subscription renewal and cancellation by you.
1. Once your order is accepted by us, you agree that you cannot cancel it because we take the steps needed to start providing you with the Service immediately. For Subscription Services, you cannot cancel your subscription before the end of the applicable subscription period as detailed in the plan description on the Website, unless the relevant Subscription Service is not in accordance with this Agreement and that entitles you under normal legal rules to terminate your order, or in the circumstances described in Section 9(b) below where we make significant changes to which you do not agree. In both of these cases, you should contact us by one of the methods set out in Section 18 below.
2. Your subscription to any Subscription Service will renew automatically (unless we no longer make the relevant Subscription Service available, in which case we will notify you) for another subscription period at the same price and for the same length as the one you originally ordered (unless the price has increased, in which case we will notify you) unless you tell us, by contacting us by one of the methods set out in Section 18 below, before the end of your then-current subscription period that you do not want your subscription to be renewed. If your cancellation notification is received by us at least five business days prior to the end of your then-current subscription period, cancellation will be effective at the end of your then-current subscription period. If your cancellation notification is received by us less than five business days prior to the end of your then-current subscription period, charges to your account may continue until the end of the following subscription period. We will send you a cancellation confirmation email, to confirm when cancellation takes effect.
Device and usage limits. Your use of any Service may be limited with respect to the number and/or type of devices used to access such Service and/or to the number of minutes used per billing cycle month, as detailed below and in the plan description on the Website. Any reference to "Mobile Devices" means all portable electronic devices, such as cellular telephones, tablets and mp3 players, portable electronic gaming devices, cameras and VoIP handsets, but does not include laptop and notebook computers. Mobile Devices, laptop and notebook computers are referred to collectively as "Devices". If you exceed the Device number and/or type limit and/or usage limit, then we may, in our discretion, suspend your account until the next billing cycle month, terminate your account, or charge additional fees. We will notify you of such additional fees before you incur them.

BOINGO GLOBAL. The Boingo Global subscription is limited to 2,000 minutes of use of the Services during any billing cycle month. If you use more than 2,000 minutes of Services in any billing cycle month, then we may suspend your account until the next billing cycle month, or terminate your Boingo Global account at our discretion.

In addition, Your use of the Services may be limited with respect to the number and type of devices used to access the Services based on the chart below.
1. BOINGO UK AND IRELAND:
  1. Device(s). Two (2) total Devices included. Access for additional Devices may be purchased for an additional monthly fee. Maximum 5 Devices per account.
  2. Authorised User(s). Account holder and the owner(s) of any authorised devices on the account.
2. BOINGO EUROPE PLUS:
  1. Device(s). Two (2) total Devices included. Access for additional Devices may be purchased for an additional monthly fee. Maximum 5 Devices per account.
  2. Authorised User(s). Account holder and the owner(s) of any authorised devices on the account.
3. BOINGO Asia Pacific:
  1. Device(s). Up to two (2) Devices included. Access for additional Devices may be purchased for an additional monthly fee. Maximum 5 Devices per account.
  2. Authorised User(s). Account holder and the owner(s) of any authorised devices on the account.
4. BOINGO GLOBAL:
  1. Device(s). Four (4) total Devices allowed.
  2. Authorised User(s). Account holder and the owner(s) of any authorised devices on the account.
5. BOINGO ASYOUGO:
  1. Device(s). No limit, but you will incur additional charges for each additional Device you use beyond the first.
  2. Authorised User(s). No limit.
6. BOINGO 1HR:
  1. Device(s). No limit, but you will incur additional charges for each additional Device you use beyond the first.
  2. Authorised User(s). No Limit.
7. BOINGO MOBILE:
  1. Device(s). Two (2) total Mobile Devices allowed.
  2. Authorised User(s). Account holder only.
8. BOINGO WI-FI CREDITS:
  1. Device(s). Service is limited to the Device upon which you purchased your credit(s).
  2. Authorised User(s). No limit.
Accessing Third Party Networks via Boingo Wi-Finder.
1. Boingo owns a number of Wi-Fi hotspots around the world, and Boingo also has a network of partners whose Wi-Fi services you may access as a part of your Boingo subscription (collectively, the "Boingo Wi-Fi Network"). We are working to increase the scope of the Boingo Wi-Fi Network. However, because of the global nature of our Services, there are some places where you cannot access the Boingo Wi-Fi Network. In these places, you would ordinarily manually search for available networks, and, if required to do so, assent to third party terms of service or other click-through agreements. Alternatively, you may automatically connect to other people’s Wi-Fi networks by using the Boingo Wi-Fi Finder tool if you opt-in to use this tool.
2. If you are in an area where you cannot access the Boingo Wi-Fi Network, the Boingo Wi-Finder tool automatically scans for free and paid hotspot locations. Some third party companies operating Wi-Fi networks you locate via Boingo Wi-Finder may require you to accept a user agreement, terms of service or other click-through contract ("TOU") before you may use their networks.
3. The first time you are not in an area where you can access the Boingo Wi-Fi Network, a pop up window will appear with two options. If you select the first option, you will automatically be connected to third party Wi-Fi networks that do not require you to accept TOUs prior to using their service. If you select the second option, the Boingo Wi-Finder tool will automatically accept all TOUs on your behalf. Please carefully consider whether to use the Boingo Wi-Finder software tool or continue to manually search for available networks. It is risky to accept TOUs without reading them and risky to be automatically connected to networks that neither you nor we know anything about. Please see our FAQ for more information about deciding whether you want to use the Boingo Wi-Finder tool: https://www.boingo.com/boingo-faq.php.
4. YOUR USE OF ANY THIRD PARTY NETWORKS WILL BE GOVERNED BY THIRD PARTY TOUS AS WELL AS THIS SERVICES AGREEMENT. Please keep in mind that if you check the second box to configure the Boingo Wi-Finder tool to automatically accept TOU on your behalf, you (and not Boingo) will assent to TOU with any third party Wi-Fi providers.
5. BY AUTHORIZING BOINGO TO ACCEPT THIRD PARTY TOUS ON YOUR BEHALF, YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY NETWORKS.
Your username and password.
1. Except for Boingo WI-FI CREDITS, upon registration, you will receive a username, password, and account identification number. Only authorized users, as allowed under the applicable Service plan ("Authorized Users"), may access the Boingo account, and all use of the Service by Authorized Users must comply with this Agreement. Authorized Users must use the password only to access and use the Service for which they have paid and not for any other purpose. Any breach of this Agreement and any use of any Service by anyone to whom you disclose your username and/or password, save for the Authorized Users, will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Agreement. Any such use will be paid for by you as set out in this Agreement.
2. You must keep your password confidential at all times so that only Authorized Users may access any Service through your account. Please notify Boingo immediately upon discovering any unauthorised use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity. You may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.
3. Usernames and passwords are Boingo’s property and Boingo reserves the right to alter or replace them at any time in its sole discretion.
4. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.
Monitoring the Services; Location data.
1. Boingo has no obligation to monitor any Service, but may do so and disclose information regarding use of any Service for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including without limitation to: (a) satisfy laws, regulations, or governmental or legal requests; (b) operate any Service properly; or (c) protect itself and its customers.
2. Some versions of the Software may automatically scan for Wi-Fi access points visible to your device, and then, using this information, triangulate your geographic location in order to determine the correct charges for the location from which you are using the Service, to provide you with information about other Boingo hotspots in that area, and/or to ensure the accuracy of data transmission and improve the overall performance of the Service. When you install and use the Software for the first time, a unique and random key is generated. This key is then used, each time you access the Service, to communicate between that instance of the Software and our central server. The key itself contains no personally identifying data and Boingo uses it for the above purposes only. Boingo does not pair the key with any personal data we hold in relation to you to monitor or track your location, except that we have to pair the key with your billing information, on a per instance basis, solely in order to bill you the correct charges.
Our commitment to provide the Services.
1. We will use reasonable efforts to provide access to the Service for which you have paid from all relevant wireless hotspots. However, because we do not own or operate all of the hotspots, we do not guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.
2. As it is our policy to continually improve our service offerings, we reserve the right to make changes to any Service and/or to the terms of this Agreement from time to time, provided that we will not make any changes that would significantly reduce the level of service you receive without your agreement unless we need to do so for security, legal or regulatory reasons. We will always give you as much notice as we can of such significant changes on the understanding that you have the option of accepting them or cancelling the Contract and, if applicable, this Agreement without penalty, in which case, you should contact us by one of the methods set out in Section 18 below.
What we are not responsible for.
1. Except for the Website, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via any Service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided via any Service or the Internet.
2. You should bear in mind that there are security, privacy and confidentiality risks inherent in wireless communications and technology. We do not give any assurances relating to such risks and you acknowledge and agree that you are responsible for all use you make of the Services or any third party network and that, by choosing to use them, you accept those risks. In particular, you should bear in mind that:
  - data transmission over the Internet may encounter non-delivery, mis-delivery or corruption and we do not guarantee that you will not experience this;
  - if, in conjunction with any of the Services, we provide you with VPN (virtual private network) functionality, we do not guarantee that the VPN will be secure and other users may be able to detect and/or connect to the VPN; and
  - viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.
    We do not accept any responsibility for any of these risks.
3. The Software may contain bugs. While we do try to fix bugs in the Software that we spot or are notified to us, you accept that we cannot guarantee that any Software will be bug-free or will work all the time
Our liability.
1. Nothing in this Agreement excludes or limits Boingo’s liability: (i) for death or personal injury resulting from Boingo’s negligence or that of its employees or agents; (ii) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by Boingo under any agreement for hire or sale; (iii) under Part I of the Consumer Protection Act 1987; (iv) for fraud or fraudulent misrepresentation; or (v) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not, by applicable law, be excluded or limited.
2. Subject to Section 11(a), in no event shall Boingo be liable, if you are an individual, for any business losses or, if you are an organisation, for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
3. Subject to Sections 11(b) and 11(c), Boingo’s aggregate liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to anything that Boingo may have done or not done under or in connection with this Agreement (whether in contract, tort (including in negligence) or for any other reason) will not exceed an amount equal to 125% of the total charges payable by you in respect of the Services during the one-year period immediately preceding the most recent event giving rise to the claim in question.
4. Boingo will not be liable to you for any breach of this Agreement that arises due to any circumstances that Boingo cannot reasonably be expected to control, including any failure in communications and Internet downtime.
Acceptable Use Policy.
1. All users of the Services, Software and/or Website must agree to and comply with this Section 12, which is Boingo’s Acceptable Use Policy ("AUP"), and your use of any Service, Software and/or the Website constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of any Service under normal circumstances. Similarly, Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through any Service. However, Boingo reserves the right to remove, block, filter, or restrict by any other means any materials that, in Boingo’s sole discretion, may be illegal, may subject Boingo to liability or may breach this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this AUP may result in the suspension or termination of either access to any Service and/or your Boingo account or other actions as detailed below.
2. Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use any Service or Software:
  - to transmit any information or written, graphic or photographic material ("Material") (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
  - to harm, or threaten to harm, minors in any way;
  - to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
  - to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  - to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity, or other rights of any third party;
  - to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  - to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  - to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  - to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  - to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party;
  - to intentionally or unintentionally breach any applicable law, regulation, judgment, court order or mandatory requirement of any competent authority including, but not limited to, any rules of any national or other securities exchange;
  - to “stalk” or otherwise harass, threaten, or breach the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
  - to resell or advertise to resell the Services without Boingo’s authorization;
  - as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server; or
  - to schedule or program automated logins to the Services.
3. If you believe that there is a breach of the AUP, you should contact us by one of the methods set out in Section 18 below. If available, please provide the following information: (i) the IP address used to commit the alleged breach; (ii) the date and time of the alleged breach, including the time zone; and (iii) evidence of the alleged breach. When reporting an issue regarding unsolicited email, please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations may require the provision of other necessary information.
4. Boingo may take any one or more of the following actions, or other actions not listed, at Boingo’s sole discretion, in response to any breach by you of the AUP: (i) issue a warning, written or oral; (ii) suspend your account or any Service; (iii) terminate your account and/or access to any Service; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent any breach and/or to collect damages we are legally entitled to, if any, caused by any breach.
5. Each third party from whom Boingo has obtained the right to access the applicable hotspot at which you use any Service is an intended third party beneficiary of this Section 12.
Intellectual property rights. All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Services, Software and Website (including, without limitation, text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material) is the property of Boingo or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of any Service, Software and/or the Website without the express written permission of Boingo is strictly prohibited.
Software End User License Agreement.
1. You may use Software only to access and use the relevant Service for which you have paid and for your own personal or, if you are an organisation, internal business purposes, and only in ways that comply with the law in the jurisdictions in which you use any Software. There are some other things which, because Software is a valuable asset of our business, you agree not to do. You will not:
  - take any action to jeopardise, limit or interfere in any manner with Boingo’s or its licensors’ ownership of or rights with respect to any Software;
  - re-distribute any Software to anyone else;
  - permit other individuals to use any Software;
  - modify, translate, reverse engineer, decompile, disassemble any Software. We do not want to stop you doing these things where the law says you can. Specifically, you may decompile Software where necessary to create an interface or API to be used with Software but only where you obtain information which is required to do so and do not use that information for any other purpose (including disclosing any part of it to someone else);
  - copy any Software (except for your own back-up or archival purposes);
  - rent, lease, transfer, encumber, sublicense or otherwise transfer rights to any Software;
  - alter or remove any proprietary notices or labels from any Software, or add any proprietary notices to any Software;
  - create derivatives or adaptations of any Software;
  - import, export or re-export any Software except in full compliance with all applicable laws and regulations (including U.S. export restrictions to which you recognise Boingo and the Software are subject);
  - otherwise use any Software in a manner not permitted by this Agreement.
  You will pay us all our reasonable and foreseeable costs which we incur as a result of your breaking any of the restrictions in the above list.
2. Boingo warrants that the Software will, for a period of 90 days after it is first made available to you by Boingo (“Warranty Period”), operate in all material respects in accordance with its published documentation made available by us. If any Software does not operate in that way during the Warranty Period, you should contact us by one of the methods set out in Section 18 below.
3. The Software may automatically communicate with Boingo’s servers via the Internet to check for updates such as bug fixes, patches, enhanced functions and new versions. Boingo will notify you when updates are available. If you decide to update, you agree that Boingo may download updates to you and install them as part of the Software. All such updates to the Software are governed by this Agreement, unless other licence terms are provided with the update. Although Boingo takes reasonable steps to provide security for the auto-update process, since it relies on communication over the Internet, Boingo cannot guarantee that the process will be entirely secure.
4. You will not receive hard-copy documentation, telephone assistance or technical support in relation to any Software under this Agreement.
Suspension and termination by us.
1. Boingo may, from time to time (and with or without notice), temporarily suspend the operation of any Service, Software and/or the Website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
2. With or without prior notice, Boingo may suspend or terminate any contract entered into between Boingo and you for any ordered Service, your password, your account, and/or your use of any Service, Software and/or the Website in the event that: (a) you have breached any term of this Agreement (including the Boingo privacy policy https://www.boingo.com/boingo-legal-notices.php posted on the Website and any other Boingo policies posted on the Website, as updated from time to time – PLEASE SEE BELOW FOR FURTHER CLARIFICATION); (b) you fail to pay any correctly billed charges when due; or (c) you become insolvent or make composition with your creditors, or, being an individual, petition for your own bankruptcy or have a bankruptcy petition presented against you, or, being an organisation, have a receiver or administrator of your undertaking or the whole or a substantial part of your assets appointed, or an is order made, or an effective resolution is passed, for your administration, receivership, liquidation, winding-up or other similar process, or have any distress, execution or other process levied or enforced against the whole or a substantial part of your assets (which is not discharged, paid out, withdrawn or removed within 28 days), or are subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction.
3. For avoidance of doubt Boingo reserves the right to review usage for all accounts that may be in violation of our AUP. Excessive data transfer, minutes of usage, login events and other criteria may be used to trigger an account review. Any usage deemed to be in violation of our AUP can result in a warning, account suspension or account termination.
4. Upon termination of this Agreement for any reason, all rights granted to you under this Agreement will immediately cease and you must promptly discontinue all use of Software and destroy all Software in your possession.
5. The provisions of the following sections of this Agreement will survive termination of this Agreement: 11, 12, 14, and 17.
Governing Law. This Agreement and its terms, and each Contract, shall be governed by English law, and you agree that any dispute between us regarding this Agreement or its terms or any such contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. If, however, Boingo needs to seek an injunction or other urgent remedy in order to protect or enforce its intellectual property rights as a result of your breach of this Agreement, you agree that Boingo may apply to any competent court worldwide to do so.
Miscellaneous. You may not transfer or assign any or all of your rights or obligations under this Agreement or any Contract. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of this Agreement is found to be unenforceable, all other provisions shall remain unaffected. This Agreement (including the Boingo privacy policy https://www.boingo.com/boingo-legal-notices.php posted on the Website and any other Boingo policies posted on the Website, as updated from time to time) sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. No other representations or terms shall apply to form part of this Agreement or any contract entered into between Boingo and you for any ordered Service, provided always that nothing excludes any liability for fraudulent misrepresentation. The terms of this Agreement may not be varied except with our express written consent.
Contacting us. You can contact Boingo’s Customer Care Department, including if you have any enquiry or complaint concerning any Service, the Website and/or the Software or wish to cancel your subscription to any Subscription Service, by writing to us at:
Boingo Wireless, Inc.
Customer Care Department
10960 Wilshire Blvd., 23rd Floor
Los Angeles
California, CA 90024
USA

Concourse Communications UK, Ltd., trading as Boingo
Building 3
566 Chiswick High Road
London
W4 5YA
United Kingdom

or by telephoning us (lines are open 24/7) using the contact information listed here.