This agreement sets out the terms and conditions on which
wireless internet access (“the Service”) is provided free of charge to
you, a resident, guest, or employee of Terri Babers (“The Landlord" or "The Company”).
Your access to the Service is completely at the
discretion of the Landlord. Access to the Service may be blocked,
suspended, or terminated at any time for any reason including, but not
limited to, violation of this Agreement, actions that may lead to
liability for the Company, disruption of access to other users or
networks, and violation of applicable laws or regulations. The Landlord
reserves the right to monitor and collect information while you are
connected to the Service and that the collected information can be used
at discretion of the Company, including sharing the information with any
law enforcement agencies, the Company partners and/or the Company
vendors.
The Landlord may revise this Agreement at any time. You
must accept this Agreement each time you use the Service and it is your
responsibility to review it for any changes each time.
We reserve
the right at all times to withdraw the Service, change the
specifications or manner of use of the Service, to change access codes,
usernames, passwords or other security information necessary to access
the service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.Disclaimer
You acknowledge
1. that the Service may not be uninterrupted or error-free;
2. that your device may be exposed to viruses or other harmful applications through the Service;
3. that the Company does not guarantee the security of the Service
and that unauthorized third parties may access your computer or files or
otherwise monitor your connection;
4. that the Company’s
ability to provide the Service without charge is based on the limited
warranty, disclaimer and limitation of liability specified in this
Section and it would require a substantial charge if any of these
provisions were unenforceable;
5. that the Company can at any
point block access to Internet Services that they deem violate the
acceptable terms of use outlined in 2.1.
The service and any
products or services provided on or in connection with the service are
provided on an "as is", "as available" basis without warranties of any
kind. All warranties, conditions, representations, indemnities and
guarantees with respect to the content or service and the operation,
capacity, speed, functionality, qualifications, or capabilities of the
services, goods or personnel resources provided hereunder, whether
express or implied, arising by law, custom, prior oral or written
statements by the Company, or otherwise (including, but not limited to
any warranty of satisfactory quality, merchantability, fitness for
particular purpose, title and non-infringement) are hereby overridden,
excluded and disclaimed.
2. Acceptable Use of the Service
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidating or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text,
pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding
sex, race, religion, colour, origin, age, physical or mental disability,
medical condition or sexual orientation;
2.1.5 contain material which infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our work;
2.1.7 are bulk and/or commercial messages;
2.1.8 contain forged or misrepresented message headers,
whether in whole or in part, to mask the originator of the message;
2.1.9 are activities that invade another’s privacy; or
2.1.10 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on the internet
are copyright works and you should not download, alter, e-mail or
otherwise use such content unless certain that the owner of such works
has authorized its use by you.
2.3 You must not use the
service to access illegally or without authorization computers,
accounts, equipment or networks belonging to another party, or
attempting to penetrate security measures of another system. This
includes any activity that may be used as a precursor to an attempted
system penetration, including, but not limited to, port scans, stealth
scans, or other information gathering activity.
2.4 You must not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software.
2.5 The Service is intended for the Company resident and guest use
only. Access to this Service must not be used for commercial activity.
2.6 We may terminate or temporarily suspend the Service if we
reasonably believe that you are in breach of any provisions of this
agreement including but not limited to clauses 2.1 to 2.5 above.
2.7 We recommend that you do not use the service to transmit or
receive any confidential information or data and should you choose to do
so you do so at your own risk.
2.8 You must not use or
access any programs or applications that require high bandwidth levels
for a prolonged period of time. Programs such as bit torrent, or other
file sharing programs, online gaming and high definition video streaming
are not permitted. The Company can at its own discretion suspend or
terminate the Service to anyone it deems is monopolizing the bandwidth
in the building.
3. Criminal Activity
3.1 You must not use the Service to engage in any activity which
constitutes or is capable of constituting a criminal offence, either in
the United States or in any country throughout the world.
3.2 You agree and acknowledge that we may be required to provide
assistance and information to law enforcement, governmental agencies and
other authorities.
3.3 You agree and acknowledge that we
will monitor your activity while you use this service and keep a log of
the Internet Protocol (“IP”) addresses of any devices which access the
Service, the times when they have accessed the Service and the activity
associated with that IP address
3.4 You further agree we are
entitled to co-operate with law enforcement authorities and
rights-holders in the investigation of any suspected or alleged illegal
activity by you which may include, but is not limited to, disclosure of
such information as we have (whether pursuant to clause 3.3 or
otherwise), and are entitled to provide by law, to law enforcement
authorities or rights-holders.
4. Other Terms
4.1 Under no circumstances will the Company, their suppliers or
licensors, or their respective officers, directors, employees, agents,
and affiliates be liable for consequential, indirect, special, punitive
or incidental damages, whether foreseeable or unforeseeable, based on
claims of the Resident or its appointed (including, but not limited to,
unauthorized access, damage, or theft of your system or data, claims for
loss of goodwill, claims for loss of data, use of or reliance on the
service, stoppage of other work or impairment of other assets, or damage
caused to equipment or programs from any virus or other harmful
application), arising out of breach or failure of express or implied
warranty, breach of contract, misrepresentation, negligence, strict
liability in tort or otherwise.
4.2 You agree to indemnify
and hold harmless the Company and its suppliers, licensors, officers,
directors, employees, agents and affiliates from any claim, liability,
loss, damage, cost, or expense (including without limitation reasonable
attorney's fees) arising out of or related to your use of the Service,
any materials downloaded or uploaded through the Service, any actions
taken by you in connection with your use of the Service, any violation
of any third party's rights or an violation of law or regulation, or any
breach of this agreement. This Section will not be construed to limit
or exclude any other claims or remedies that the Company may assert
under this Agreement or by law.
4.3 This Agreement shall not
be construed as creating a partnership, joint venture, agency
relationship or granting a franchise between the parties. Except as
otherwise provided above, any waiver, amendment or other modification of
this Agreement will not be effective unless in writing and signed by
the party against whom enforcement is sought. If any provision of this
Agreement is held to be unenforceable, in whole or in part, such holding
will not affect the validity of the other provisions of this Agreement.
4.4 The Company’ performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this Agreement
shall waive or impede the Company’ right to comply with law enforcement
requests or requirements relating to your use of this Service or
information provided to or gathered by the Company with respect to such
use. This Agreement constitutes the complete and entire statement of all
terms, conditions and representations of the agreement between you and
the Company with respect to its subject matter and supersedes all prior
writings or understanding.aragraph ...