PUBLIC WI-FI ACCESS TERMS AND LIABILITY DISCLAIMER

PUBLIC WI-FI ACCESS TERMS AND CONDITIONS

The following sets forth the terms and conditions under which wireless internet access (the “Service”) is provided by the Athenaeum Foundation (the “Foundation”) for its guests and invitees to use, free of charge, while at the Athenaeum.  You must accept this Agreement as a condition to your use of the Service.

YOUR ACCESS TO THE SERVICE IS PROVIDED AT THE SOLE DISCRETION OF THE FOUNDATION.  AS SUCH, ACCESS TO THE SERVICE MAY BE BLOCKED, SUSPENDED OR TERMINATED BY THE FOUNDATION AT ANY TIME, WITH OR WITHOUT CAUSE, AND FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, VIOLATION OF THIS AGREEMENT, ACTIONS THAT MAY LEAD TO LIABILITY FOR THE FOUNDATION, DISRUPTION OF ACCESS TO OTHER USERS OR NETWORKS, AND/OR VIOLATION OF APPLICABLE LAWS OR REGULATIONS.  THE FOUNDATION RESERVES THE RIGHT TO MONITOR AND COLLECT INFORMATION WHILE YOU ARE CONNECTED TO THE SERVICE, WHICH INFORMATION CAN BE USED FOR ANY PURPOSE AT THE SOLE DISCRETION OF THE FOUNDATION, INCLUDING, BUT LIMITED TO, SHARING SUCH INFORMATION WITH LAW ENFORCEMENT.

The Foundation may amend, supplement and update this Agreement at any time and from time to time. You must accept this Agreement each time you use the Service and, in doing so, it is your responsibility to review and accept this Agreement (including any amendments, supplements and/or updates made thereto) each time you use the Service.

The Foundation reserves the right at all times to withdraw the Service, change the specifications or manner of use of the Service, 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.

A. DISCLAIMER

You acknowledge and accept that the use of the Service is subject to the following:

1. the Service may be interrupted;

2. the Service may experience errors;

3. your device may be exposed to viruses or other harmful applications through the Service;

4. Foundation does not guarantee the security of the Service;

5. unauthorized third parties may access your computer or files or otherwise monitor your connection;

6. the Foundation’s ability to provide the Service without charge is based on the waiver of warranty, disclaimer and limitation of liability specified in this Disclaimer;

7. but for such disclaimers, which you are hereby acknowledging and agreeing to, it would be cost prohibited for the Foundation to provide the Service to you for free; and

8. the Foundation can at any point block or prohibit access to the Service for any reason or no reason as it deems necessary in its sole judgment and discretion.

The Service is provided by the Foundation solely on an “as is”, “as available” basis without warranties of any kind, express or implied, including any warranties with respect to the operation, capacity, speed, functionality, qualifications, or capabilities of the Services, including the availability or effectiveness of any firewall, antivirus or malware protections, arising by law, custom, prior oral or written statements by the Foundation, 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.

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.

B. UNACCEPTABLE USE OF THE SERVICE

You must not use the Service to access internet sites or services, or send or receive e-mails, which:

1. are defamatory, threatening, intimidating or which could be classed as harassment;

2. contain obscene, profane or abusive language or material;

3. contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

4. contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;

5. contain material which infringe third party’s rights (including intellectual property rights);

6. in the reasonable opinion of the Foundation may adversely affect the manner in which the Foundation carries out its work;

7. are bulk and/or commercial messages;

8. contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;

9. are activities that invade another’s privacy;

10. distributes Internet Viruses, Trojan Horses, or other destructive software; or

11. is intended to, or results in, illegally accessing, or obtaining access without express authorization, any computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system, including 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; or

12. are otherwise unlawful or inappropriate.

Note that the foregoing is not an exhaustive list, but is intended to be illustrative only of the types of uses and behaviors that are unacceptable or prohibited in connection with your use of the Service.  In addition to the foregoing, note that 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 you are certain that the owner of such works has authorized its use by you.

The Service is intended for the Foundation guest use only. Access to this Service must not be used by guests for primarily commercial activity, provided that incidental business use is acceptable.

C. CRIMINAL ACTIVITY

In addition to the foregoing terms, conditions, limitations and restrictions as to your use of the Service, you further expressly acknowledge and agree:

1. 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;

2. that the Foundation may be required to provide assistance and information to law enforcement, governmental agencies and other authorities, which may include information concerning your use of the Service;

3. that the Foundation will monitor your activity while you use the 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; and

4. the Foundation is 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 our log of the IP addresses of any devices accessing the Service, the time or times of such access and the activity associated with that IP address, and all such other information that we have, all of which the Foundation you further agree we are entitled to provide to law enforcement authorities or rights-holders.
D. OTHER TERMS

1. Under no circumstances will the Foundation, or its officers, directors, employees, agents, and/or affiliates be liable for any and all damages whatsoever including, but not limited to, consequential, indirect, special, punitive or incidental, whether foreseeable or unforeseeable, arising from or related to, directly or indirectly, the Service and/or your use of the Services (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, identity theft, 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), whether arising out of breach or failure of express or implied warranty or duty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.

2. You agree to indemnify and hold harmless the Foundation and its officers, directors, employees, agents and/or affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) suffered and/or incurred by the Foundation and/or any of its officers, directors, employees, agents and/or affiliates, arising from or related to, directly or indirectly, 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 Foundation may assert under this Agreement or by law.

3. This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the Foundation and its guests. 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. The Foundation’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Foundation’s right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Foundation 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 Foundation with respect to its subject matter and supersedes all prior writings or understanding.

BY AGREEING TO THE TERMS OF SERVICE, I CONFIRM THAT I ACCEPT, AGREE TO, ACKNOWLEDGE AND CONFIRM THESE TERMS AND CONDITIONS AS THE BASIS OF MY USE OF THE WIRELESS INTERNET ACCESS PROVIDED BY THE FOUNDATION.