This is a legal agreement (“Agreement”) between you and the owner/operator of Casco Bay Island Transit District (“Company”) governing your access to and use of this Wireless High-Speed Internet Service (the “Service”) for transitory digital network communications that Company is providing to guests like you. Only current guests of this Company may use this Service.
BY CLICKING YOUR ACCEPTANCE OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF THIS COMPANY AND ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of Company and/or you do not agree to this Agreement, you may not use or access this Service.
For purposes of your using this Service, Company will assume (and by using this Service you warrant) that either you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity or are otherwise entitled to be legally bound in contract), or that your parent(s) or legal guardian(s) have consented to your use of this Service, accept this Agreement on your behalf, and accept responsibility to supervise your use of this Service . You are agreeing to this Agreement in consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are acknowledged) for the benefit of Company and all of its affiliates.
CONSENT TO MONITORING.
COMPANY RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT COMPANY MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THIS SERVICE, AND MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, COOPERATING WITH LEGAL AUTHORITIES, COOPERATING WITH THIRD-PARTY COPYRIGHT HOLDERS, AND OTHERWISE PROTECTING COMPANY’S RIGHTS, PROPERTY AND INTERESTS.
AUTHORIZED USE OF THIS SERVICE.
You agree that you are authorized to use this Service solely while you are a guest of this Company, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service.
You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Company, and that Company is not responsible for and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that Company does not own or control all of the various facilities and communications lines through which access may be provided, nor does Company guarantee access to or through websites, servers or other facilities on the Internet. Company cannot and does not guarantee that the Service will provide Internet access that meets your needs.
You agree that your use of this Service is subject to the rules outlined in this agreement and may be limited by time of use, bandwidth, content, or other restrictions as the Company, at its sole discretion, deems appropriate.
You agree not to use this Service to engage in any prohibited conduct.
Broadly stated, prohibited conduct is any conduct that is unlawful, infringing, tortious or that is harmful to (or puts at risk) Company or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
By way of illustration and not limitation, prohibited conduct includes using this Service: (a) for any unlawful, improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL, MAC address, DNS or IP addresses of Company or any other entity, or to attempt to penetrate or penetrate security measures of Company or other entities’ systems (“hacking”) whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to“spamming,” “flaming” or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area or charter (e.g., off-topic posting) of the newsgroup; (h) to interfere with another person’s usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as “make- money-fast” schemes or “pyramid/chain” letters; (j) to damage the name or reputation of Company, its affiliates and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate Company’s or any third party’s copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to use more than one IP address obtained from Service; (n) to generate excessive amounts (as determined by Company in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (o) to engage in activities designed to or having the effect of degrading or denying Service to others (including activities that compromise a server, router, circuit, software or other Internet component); (p) to use any name or mark of Company, its affiliates or subsidiaries, as a hypertext link to any website or in any advertising publicity or other commercial manner; (q) to use the Service to operate a server in a manner that interferes with the network or other users’ use of the Service; (r) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (s) to cause the screen to “scroll” faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (t) to use the Service to disrupt the normal flow of online dialogue; (u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (w) to impersonate any Company employee or official or other person or use a false name while using the Service or implying an association with Company; (x) to install “auto-responders,” “cancel-bots” or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (y) to use software or any other device that would allow your account to automatically generate network traffic while you are not actively using the Service; or (z) to export software or any information in violation of U.S. export laws. This list is not intended to be exhaustive. Company requires that you be a good Internet citizen when using this Service.
Copyright Infringement Policy.
Company respects the intellectual property rights of third parties, including those granted under the U.S. copyright laws. You may not store material of any type or in any format on, or disseminate such material over this Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the U.S. copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Company, at its sole discretion, to terminate access and ban all future access by devices and users deemed to have infringed third-party copyrights, and to take other actions in accordance with any other available right or remedy.
If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact Company at email@example.com.
You agree to indemnify, defend, and hold harmless Company, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. Company reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Company in asserting any available defenses.
CONSEQUENCES OF UNAUTHORIZED USE.
Without limiting any other available right or remedy, Company reserves the right to, and you agree that Company shall have the right, to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to Company for any damages incurred or amounts that are required to be paid by Company that arise out of or are related to your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, as well as reasonable attorneys’ fees and costs of enforcement.
Security and Privacy
YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet.
You understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that Company makes no assurance that your communications or activities will be or will remain private or secure, and agree that Company assumes no responsibility in that regard. You agree that you, and not Company, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.
DISCLAIMER OF WARRANTY.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO COMPANY GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR (ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF COMPANY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The Internet contains a variety of materials and information that may be sexually explicit, obscene, unsuitable or objectionable, especially for children under the age of 18 years old, as well as content that is otherwise offensive to you. Company is not responsible for access by any users, you, or minors, to objectionable or offensive information or data. You agree that you assume full responsibility and risk for your use of this Service and the Internet, or any use of this Service or the Internet by a minor in your care, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Company may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.
LIMITATION OF COMPANY’S LIABILITY.
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A GUEST PRIVILEGE SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND OR IN ANY AMOUNT ON COMPANY, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF COMPANY, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THIS SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO A MAXIMUM OF FIFTY DOLLARS ($50). (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT.
You agree that Company may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease. Company also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that Company may do so. Your continued use of this Service following an update to this Agreement signifies your acceptance of its revised terms.
You agree that: this Agreement and your use of this Service shall be governed by the laws of the State of Maine, without regard to conflicts of laws principles, and Company shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws without posting a bond or other security. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in Cumberland County, State of Maine, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely between you and the Company. You agree that this Agreement does not create, and you and Company expressly disclaim, any third-party beneficiary relationships. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within six months from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and Company regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Company regarding its subject matter.