Please read the following information carefully before using this service. You may not use the service without accepting these Terms and Conditions.
Welcome to the Broadband high-speed Internet access system ("Broadband System"). These "Terms and Conditions of Use", govern your rights and responsibilities and our rights and responsibilities relating to the use of the Broadband System.
Acceptance of Terms and Conditions of Use
BY CLICKING ON "Log in" ON THE Broadband SYSTEM SIGN-IN PAGE, YOU REPRESENT that:
1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND
2. YOU ARE AT LEAST 18 YEARS OF AGE.
If you do not agree to the terms of this Agreement, you may not use the Broadband System. Your electronic acceptance of the Agreement by clicking on "Log in" on the sign-in page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you have registered".
Description of Broadband System/Service Availability
The Service Provider will provide access to the Broadband System at locations ("Enabled Locations") that have been equipped with wired/wireless access points. Access points or Enabled Locations may not be available in all areas of the Service Provider and may not always be operational.
Access to Internet
The Service Provider does not screen or restrict access to any content placed on or accessible through the Internet. The Service Provider also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that the Service Provider is not liable for any action or inaction with respect to any such content on the Internet accessible through the Broadband System.
Your Responsibilities
You must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Broadband System, (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Broadband System and (2) all communications that you send or receive via the Broadband System. The Service Provider does not undertake the security of any data you send through the Broadband System and it is your responsibility to secure such data.
Acceptable Use Policy
All users of the Broadband System must comply with this Acceptable Use Policy (AUP). This AUP is intended to prevent unacceptable uses of the internet. The Service Provider does not actively monitor the use of the Broadband System under normal circumstances. Similarly we do not exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Broadband System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject the Service Provider to liability or may violate this AUP. The Service Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Broadband System.The following constitute examples of violations of this AUP.You agree to not use the Broadband System to:
(1) Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(2) Harm, or attempt to harm, minors in any way;
(3) Impersonate any person or entity or falsely state or otherwise 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 Broadband System;
(4) Transmit any material (by uploading, posting, email or otherwise) 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 non disclosure agreements);
(5) Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) 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;
(7) 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;
(8) 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;
(9) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(10) "Stalk"or otherwise harass another;or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
(11) Resell the Broadband System without the Service Provider's authorization;
(12) Use the Broadband System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
You understand and agree that the Service Provider may disclose your communications and activities using the Broadband System in response to lawful requests by governmental authorities and judicial orders.
Termination
You agree that the Service Provider may terminate this Agreement and cancel your access to the Broadband System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Broadband System to perform any illegal activity. You further agree that in the event of termination for any reason, the Service Provider will have no liability to you.
Notice of Problems or Complaints
If you experience a problem accessing or using the Broadband System, report the problem by calling the reception.
Modifications
The Service Provider may, at its sole discretion, modify the terms and conditions of this Agreement, including the AUP, at any time. Such modifications shall be binding and effective upon posting on the Broadband System "Internet Access Signup"page. You agree to periodically review the "Internet Access Signup"page to maintain awareness of any modifications. By continuing to use the Broadband System after such postings, you accept and agree to any and all such modifications.
Indemnification
You shall defend, indemnify and hold the Service Provider and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Broadband System or any breach of this Agreement.
No Warranty
THE BROADBAND SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE PROVIDER OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND THE SERVICE PROVIDER DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY THE SERVICE PROVIDER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
THE SERVICE PROVIDER, ITS EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE BROADBAND SYSTEM OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
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