Home > Terms of Use
TERMS OF USE
Effective March 2014

Welcome to the website of H2O Wireless-, a brand and service of Locus Telecommunications, Inc., together with its subsidiaries, affiliates, agents, and licensors (collectively "H2O"). These Terms of Use (“Terms”) explain the policies that govern your access to and use of - any H2O logo-bearing, Locus owned or operated websites ("Website"). Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below. By accessing or using our Website, you agree to these Terms, and you agree to comply with our Authorized Use Policy (“AUP”). If you do not agree to accept and comply with the Terms and AUP, then do not access or use our Website.

CUSTOMER ACCOUNT, PASSWORD, AND SECURITY
If a particular H2O Website, or any product or service offered on any H2O Website, requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify H2O immediately of any unauthorized use of your account or any other breach of security. H2O will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by H2O or another party due to someone else using your account or password. You may not use anyone else account at any time, without the permission of the account holder.

LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which H2O has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. H2O makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these third-party sites. H2O does not sponsor or endorse the operators of the sites or the content, products, or services they provide. H2O is not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

UNSOLICITED SUBMISSION OF IDEAS
Although H2O welcomes questions or feedback about your use of our Website and H2O’s services and products, H2O does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including  Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that H2O's products or marketing strategies seem similar to ideas submitted to H2O or its employees. Therefore, unless otherwise explicitly stated by H2O, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of H2O, without any compensation whatsoever to you. H2O will have no obligation to you with respect to such Ideas and has the right to destroy Ideas upon receipt.

ILLEGAL OR HARMFUL USE
As a condition of your use of the Website, you will not access or use the Website in any manner that is unlawful, prohibited by the Terms, or that could damage, disable, overburden, or impair any Website (or network connected to any Website). You may not violate the security of our Website in any way, including but not limited to, attempting to gain unauthorized access to any Website or accounts, networks, or computer systems connected to the Website.

INVESTIGATION AND ENFORCEMENT OF THE WEBSITE TERMS OF USE
H20 has the right, but are not obligated, to strictly enforce the Terms and disclose any information H20 deems necessary, without your prior permission, to comply with any applicable law, regulation, or government request, or to protect and defend the rights or property of H20 or its affiliated companies. H2O reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website,

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A H2O WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A H2O WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." H2O, ITS AGENTS, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE (AND ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE), INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. H2O MAKES NO REPRESENTATION ABOUT THE COMPLETENESS, CURENTNES, RELIABILITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR AVAILABILITY OF CONTENT, SOFTWARE, PRODUCTS, OR INFORMATION CONTAINED WITHIN THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL H2O, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INNACURACIES IN THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, OR ANY CONTENT OF ANY THIRD PARTY ON THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, USE, INCOME, OR PROFIT; OR LOSS OF OR DAMAGE TO PROPERTY—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF H2O AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW AND SHALL NOT EXCEED $200.

GOVERNING LAW
This Website Terms of Use is governed by and must be construed under the laws of the Commonwealth of New Jersey. The federal and state courts of Bergen County, New Jersey, have exclusive jurisdiction over and venue of any suit that relates to this Website Terms of Use.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless H2O, its parents, subsidiaries, affiliates, officers, and employees from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) made by any third-party arising from: (1) any violation of these Terms, any law, or rights of a third party by you; (2) information or content that you submit, post, transmit, or make available through the Website; or (3) your use of the Website.

MODIFICATION OF THE WEBSITE TERMS OF USE
We reserve the right to modify the Terms at any time, effective upon posting to the Website. Your continued use of the Website constitutes your agreement to all such modified terms and conditions.

TERMINATION OF SERVICE
H20 reserves the right, in its sole discretion and without notice, to terminate or suspend your account and/or access to any part of the Website or related service.

PRIVACY POLICY
H2O respects the privacy of our customers. Please take a few minutes to review our Privacy Policy at www.h2owirelessnow.com/pageControl.php?page=Policy.

MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision in these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in the Terms. H2O may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed superseded by a valid, enforceable that most closely matches the intent of the original provision, and the remainder of the Terms will continue in effect.