“FREE TO ANYONE” WIFI INTERNET SERVICE AGREEMENT
This Agreement is entered by you (“You” or “User”) for You and members of your household and by GKAD for itself, its subsidiaries, affiliates, partners and sponsors, including Eastman Credit Union (“ECU”), that provide the WiFi Service. The attached Access Service Agreement Terms and Conditions, the Acceptable Use Policy, and other attachments hereto, which are incorporated herein, explain important details concerning the WiFi Service provided by GKAD and your obligations in order to obtain and keep WiFi Service. The following topics, among others, are explained in the attached Agreement Terms and Conditions and other attachments: • GKAD may amend this Agreement, including the attached Terms and Conditions and other attachments hereto, at any time by posting revisions on the WiFi Internet Site. • GKAD does not guarantee the availability of the WiFi Service, any particular bandwidth or feasibility of use of the WiFi Service for a particular purpose. • You may not use the WiFi Service to operate a customer-based server of any type or for any commercial or business purpose that impairs the ability of other Users to use the WiFi Service. • You are responsible for the security of your own computer system. • GKAD is not responsible for any bugs, viruses, Trojan Horses, worms, spyware or other damaging software You encounter when You access the Internet using the WiFi Service. • Any equipment supplied by GKAD under this Agreement is the property of GKAD. • You agree to indemnify and hold harmless GKAD against any cost, claim, liability or expense arising from or related to your use of the WiFi Service. • You have certain protections under U.S. law as outlined in GKAD’s Privacy Policy. • Tennessee State law governs the attached Agreement. • You may not use the WiFi Service for any illegal or prohibited use and your use of the WiFi Service may be terminated for your failure to abide by the Terms and Conditions or the Acceptable Use Policy.
By checking the box “I Accept” and by using the WiFi Service, you acknowledge that you have read, fully understand, and agree to this Agreement, including the attached and incorporated Terms and Conditions, Acceptable Use Policy, Privacy Policy and Notice, and other attachments hereto.
TERMS AND CONDITIONS
These terms and conditions are incorporated into, and are a part of the “Free to Anyone” WiFi Internet Access Service Agreement (the “Agreement”) entered into by you (“You" or "User(s)",) for You and others that make use of your the web accessing device and by Greater Kingsport Alliance for Development, Inc., its subsidiaries, affiliates, agents, partners and sponsors, including Eastman Credit Union (“GKAD”). GKAD and You are the Parties to the Agreement, and are subject to these Terms and Conditions. GKAD owns and operates a WiFi Internet Access Service (the “WiFi Service”), which it makes available for use by citizens in the areas of the City of Kingsport which have been designated as “WiFi Service Coverage Areas.” 1. Acceptance of this Agreement. By electronically indicating acceptance of the Agreement or by utilizing the WiFi Service, You acknowledge that You have read and understand this Agreement and You accept the Agreement (together with these Terms and Conditions and all of the policies attached hereto) and agree to abide by its terms and conditions as they may be amended by GKAD from time to time, in its sole discretion. If You do not accept the Agreement, You may not and should not utilize the WiFi Service. Please take the time to read the Agreement carefully. The terms and conditions of the Agreement may be amended by GKAD from time to time, in its sole discretion, by posting such changes within a revision to the Terms and Conditions as presented each time you use the WiFi Service. Use of the WiFi Service by You after a change to these terms and conditions has been so posted shall constitute acceptance by You of such changed terms. If You do not wish to accept such changes, your sole and exclusive remedy is to refrain from using the WiFi Service that GKAD is providing to You under this Agreement. 2. The WiFi Service, Installation and Access. (a) WiFi Service. Subject to and in accordance with the terms and conditions of the Agreement, GKAD will provide You WiFi service. The WiFi Service is a wireless Web browsing service, which services may be offered by third parties or GKAD for free. Your web browsing device needs to be equipped with a wireless network card. GKAD may offer multiple WiFi Service products that consist of varying features and restrictions, including but not limited to different speeds or traffic consumption allowances. Product features and restrictions are subject to change at any time, with or without notice to You, at GKAD’s sole discretion. (b) Access. You agree that GKAD is not liable for files, data or other information that may be lost on your computer system during the access process, and You agree to hold GKAD harmless in the event that any file, data or other information is lost. You understand and agree that GKAD will not restore or reconfigure your computer system at any time. (c) Traffic Consumption Allowances. GKAD has the right to monitor, measure and report bandwidth consumption by You. GKAD reserves the right, in its sole discretion, to establish, modify and/or enforce consumption allowances at any time now or in the future, with or without notice to You.
3. Support and Maintenance of WiFi Service. GKAD DOES NOT GUARANTEE THAT CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT GKAD WILL MAKE THE WIFI SERVICE WORK ON YOUR COMPUTER SYSTEM OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH. GKAD does not undertake to correct or repair, and shall have no responsibility for, software, hardware or equipment that it does not supply, and makes no guarantee that it will be able to fix your software, hardware or equipment even if supplied by GKAD. GKAD will use commercially reasonable efforts, such as network management, traffic analysis, and operational procedures and policies, that endeavor to provide appropriate bandwidth for as many customers as possible. YOU UNDERSTAND AND AGREE THAT GKAD DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE GKAD NETWORK OR ANY SPEED OF THROUGHPUT OF YOUR CONNECTION TO THE GKAD NETWORK WILL BE AVAILABLE TO YOU. You understand and agree that the speed of the WiFi Service provided to You will vary depending upon a number of factors, including your computer system and associated equipment, Internet traffic and associated equipment, and other factors. You understand and agree that the WiFi Service may be temporarily limited, interrupted or curtailed due to system capacity limitations; governmental actions; force majeure; events beyond GKAD’s control; or temporary equipment or systems failures or modifications, upgrades, maintenance, repairs or similar activities required or appropriate in connection with the delivery or improvement of the WiFi Service. 4. Integrity of the GKAD Network. The GKAD Network, and its various computers, wires, communications devices and other components are the property of GKAD. You understand and acknowledge that the GKAD Network is a shared network. In its sole discretion and with or without notice to You, GKAD reserves the right to take any action regarding any improper or other use of the GKAD Network needed to prevent or minimize harm to the GKAD Network or prevent or minimize disruption of the performance of the WiFi Service for other users. Such action may include, without limitation, suspension or termination of access by You to the WiFi Service. 5. Your Obligations. (a) Responsibility for use. You agree that You are responsible for the conduct of anyone who uses the WiFi Service using your computer system and for ensuring that anyone who does use your WiFi Service uses it in accordance with the terms and conditions of this Agreement. (b) Your Online Conduct and Use of the WiFi Service. As a condition of this Agreement, You agree to use the WiFi Service in accordance with the terms and conditions of this Agreement and the GKAD Internet Acceptable Use Policy (the "Use Policy"), which is Attachment A to this Agreement and is incorporated herein by reference. You understand that GKAD has the right to enforce these terms and conditions and the Use Policy in its sole discretion, as the same may be amended by GKAD from time to time. In the event of a violation by You, GKAD may, singly or in any combination, issue a warning for the violation, suspend or terminate your WiFi Service without the obligation to notify You prior to taking any such actions. GKAD reserves the right, but has no obligation, to monitor compliance with and investigate violations of this Agreement and the Use Policy, including but not limited to monitoring bandwidth, usage and publicly posted content, gathering information from You and other users, performing audits of the GKAD Network, including scanning equipment connected to the GKAD Network for common security issues, identifying and categorizing the type of traffic being sent and received by You, and examining material on GKAD’s servers and the GKAD Network. You agree that GKAD shall not be liable to You for any of its actions taken to enforce this Agreement, including the Use Policy. If You are found to be in violation of the Agreement or the Use Policy, GKAD may, in its sole discretion, permanently disconnect your service. (c) Use by minors. You represent and warrant to GKAD that You are at least eighteen (18) years of age, and You agree that GKAD may rely on that representation. However, GKAD wishes to express additional cautions in connection with any use of this WiFi Service that You allow to be made available to minors using your computer systems, your passwords, name or user names. You agree that You are responsible for such use, and GKAD strongly recommends that any use of the WiFi Service by a minor be conducted only under the supervision of a responsible adult. (d) Responsibility for security of your credit card and other information that You provide on the Internet. From time to time You may decide to access third-party Internet sites or order products or services from third parties when You access the Internet. GKAD recommends that You use only secure Internet sites when making your credit card and any other information about yourself available to others on the Internet. You agree that You are solely responsible for the security of your credit card and similar information from unwanted charges or use. You agree to hold GKAD harmless in the event that your credit cards, bank account numbers, social security number, your identity, or any of your personal information is compromised or utilized by a third party. (e) Assignment or sharing of the WiFi Service. You agree that You shall not use the WiFi Service as an Internet service information provider ("ISP"). You agree that You shall not resell, share, give away, redistribute, sublicense or otherwise distribute the WiFi Service or any portion thereof to any third party in any manner without the prior written consent of GKAD. For example, but without limitation, You may not provide Internet access to others through your connection, host shell accounts, provide e-mail or news services to others, or send or store a news feed. (f) Use of a dynamic IP address. You understand and agree that the WiFi Service is provided using one (1) dynamically-assigned public IP address for each User. You understand and agree that GKAD may monitor the GKAD Network for the unauthorized use of static IP addresses and/or multiple dynamically assigned IP addresses, and if such activity is discovered, GKAD may pursue, in its sole discretion, all available remedies, including, without limitation, charging for the entire period of such use, and/or termination of the WiFi Service to You. (g) Local networking. GKAD will support the connection of the WiFi Service to a single computer. GKAD does not support the setup, configurations and equipment maintenance of devices, including multifunction devices, that may contain a switch, router, firewall, etc., that allow for the connection of multiple computers. You agree that You shall not operate a server of any type that provides services to other users, or for your own use over the WiFi Service. You understand and agree that GKAD has the right to monitor the GKAD Network and, to the extent necessary, your computer system to ensure that You are not providing any services via your connection. You understand and agree that GKAD has the right to take any measures it deems necessary in its sole discretion to prevent the use of the WiFi Internet Service for uses other than those prescribed in this Agreement. 6. Your Warranties, Representations and Indemnifications. (a) Warranties and Representations. You warrant and represent that: You are at least eighteen (18) years of age; You will use the WiFi Service only in accordance with this Agreement; You will take reasonable measures to protect your personal information and restrict the use of the WiFi Internet Service only to those only with your expressed consent. (b) Indemnification. You agree to indemnify and hold harmless GKAD and Eastman Credit Union (and their affiliates, subsidiaries, shareholders, officers, directors, employees, contractors, agents, Premium Content Providers, and their representatives) (together "GKAD Indemnified Entities") against any cost, claim, liability or expense any of the GKAD Indemnified Entities incurs as a result of or arising out of or related in any way to your use of the WiFi Service. In the event of any claim, which, if true, would be subject to indemnification hereunder, GKAD or the affected GKAD Indemnified Parties shall notify You and You agree to cooperate in their defense at your sole cost. As part of your indemnification obligations, You agree to reimburse GKAD for any costs it incurs that, directly or indirectly, arise or result from GKAD’s provision of the WiFi Service to You and your use of the WiFi Service, including, but not limited to complaint fees or investigation expenses incurred by, or charged by any third party to, GKAD. 7. Equipment Ownership. You understand and agree that other than your laptop, palm device, and your wireless network card, all equipment is the property of GKAD. You agree that You will use reasonable care to avoid damaging the Equipment, and agree not to alter, modify, sell, license, lease, assign, encumber, relocate, move or tamper with it. You agree that GKAD has the right to monitor, secure, upgrade or downgrade the Equipment. 8. Privacy and Personal Information. You agree to accept the conditions set forth in GKAD's Privacy Policy, which is Attachment B to this Agreement and is incorporated herein by reference. The GKAD Privacy Policy sets forth the manner in which GKAD is authorized to utilize information about You. 9. Disclaimers and Limitation of GKAD’s Liability. (a) YOU UNDERSTAND AND AGREE THAT THE WIFI SERVICE AND EQUIPMENT PROVIDED BY GKAD ARE NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WIFI SERVICE, THE INTERNET, AND ANY SOFTWARE OR EQUIPMENT PROVIDED BY GKAD IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY AND ALL GKAD INTERNET SERVICES AND PRODUCTS ARE PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN WARRANTIES THAT CANNOT LEGALLY BE EXCLUDED. GKAD MAKES NO WARRANTY THAT THE WIFI SERVICE WILL WORK ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND AND AGREE THAT GKAD HAS NO RESPONSIBILITY FOR DAMAGE OR DESTRUCTION TO YOUR COMPUTER SYSTEM, OR THE DATA, FILES OR INFORMATION STORED ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND AND AGREE THAT GKAD HAS NO RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER MATERIAL THAT YOU MAY USE OR ACCESS USING THE WIFI SERVICE. YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WIFI SERVICE OR ON THE INTERNET. 10. Unauthorized Access, Viruses and Spyware, and Third-Party Services, Products and Content. (a) Unauthorized Access. The GKAD Network is a shared network and is used by many users to access a variety of services. Neither the GKAD Network nor the Internet provides security against unauthorized access. Others may access or monitor your activity and conduct while You are using the WiFi Service. GKAD is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from You or for unauthorized access to your computer. GKAD does not warrant any security system it may employ, either hardware or software, for the purpose of preventing unauthorized access to your computer. Any security systems employed by GKAD maintain only a minimal level of protection. GKAD is not responsible for damages resulting from the use of any such security system. You understand and agree that You are solely responsible for the security of any computer or other device(s) with which You connect to the WiFi Service, and any data, programs or information stored on such devices. You are responsible for taking measures to ensure the security of your computer system(s) to prevent unauthorized access to it by others. (b) Viruses and Spyware. You understand and agree that GKAD is not responsible for any Virus or spyware that gains access to your computer over the GKAD Network or any damage resulting therefrom. You are solely responsible for taking measures to prevent infection of your computer from Viruses and spyware, including installing and maintaining up-to-date anti-virus and anti-spyware software on your computer. In the event that your computer becomes infected with any Virus that, in GKAD’s sole discretion, may harm the GKAD Network or disrupt the performance of the WiFi Service for other users, GKAD may immediately suspend or terminate access by You to the GKAD Network with or without notice to You. (c) You understand and acknowledge that some third party services may contain material that may be deemed to be profane, indecent, disturbing, abusive, or offensive and may contain other material You may find problematic. YOU UNDERSTAND AND AGREE THAT NEITHER GKAD NOR ITS SPONSORS (INCLUDING EASTMAN CREDIT UNION) ARE RESPONSIBLE FOR ANY SUCH CONTENT. (d) Third-party services, products and content provided by others. You understand and agree that while GKAD supplies access to the Internet, it is not responsible for the services or products offered by others on the Internet, nor is GKAD the publisher of any information on the Internet that is provided by others, including, without limitation, other users on bulletin boards, in chat rooms and similar venues. GKAD makes no commitment to review, monitor or filter and does not endorse or otherwise vouch for any service, product, information, programs, data, or content sent, accessed, offered or advertised over the Internet or otherwise made available to You by any individual, information provider, or on-line service or content provider (other than GKAD). Such content may include profane, obscene, indecent, disturbing, illegal, abusive, infringing, offensive or other material You may find problematic. YOU UNDERSTAND AND AGREE THAT GKAD IS NOT RESPONSIBLE FOR ANY SUCH CONTENT. 11. Termination by GKAD. In its sole discretion, GKAD reserves to itself all rights it has under federal, state and local laws, to suspend or terminate this Agreement and to disconnect the WiFi Service, in whole or in part, at any time, with or without cause and with no obligation of prior notice to You. GKAD reserves to itself the right to pursue all legal remedies available to it, in its sole discretion. 12. Governing Law. This Agreement shall be governed by the laws of the United States of America and the State of Tennessee. 13. Miscellaneous. (a) Entire Agreement. This Agreement is your entire agreement with GKAD and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement and the GKAD Indemnified Parties. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties and the remaining portions shall remain in full force and effect. This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto. (b) Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned by You in whole or in part without GKAD’s prior written consent. (c) Limitation of Information. GKAD SHALL HAVE NO OBLIGATION TO MAKE ANY SPECIFIC INFORMATION, DATA, SERVICE, PROGRAMS, NEWSGROUPS OR OTHER MATERIAL AVAILABLE THROUGH THE WIFI SERVICE AND MAY BLOCK ANY SUCH MATERIAL IN ITS SOLE DISCRETION. (d) Use Policy and Privacy Policy. GKAD’s Use Policy and GKAD’s Privacy Policy are integral parts of this Agreement and are incorporated herein. (e) GKAD’s Remedies and Waiver. Wherever a remedy is expressly provided to GKAD hereunder, such remedy is intended to add rather than to restrict all of GKAD's remedies in law and equity. In the event of a breach of this Agreement by You, GKAD reserves to itself the right to pursue all legal remedies available to it against You, in its sole discretion. If GKAD fails, at any time, to enforce any right or remedy available to it under this Agreement, such failure shall not be construed to be a waiver of GKAD's rights or remedies. Any waiver of GKAD's legal right shall be effective only if expressly agreed to in writing by GKAD. (f) Force Majeure. GKAD shall be excused from performance hereunder, and shall not be liable for damages or otherwise, if and to the extent that GKAD is unable to perform due to any act, event, cause or condition that is beyond its reasonable control, including but not limited to accidents, acts of God, acts of any government, failure of third-party communications networks, war, terrorist activity, industrial or labor disputes, fire, flood, explosion, civil disorder, power failure, equipment failure, acts of civil or military authorities, theft, vandalism, misuse, insurrection, inability to obtain the necessary supplies, and the like. GKAD will not notify You of the occurrence of any such event. Attachment A
GKAD Internet Acceptable Use Policy
In utilizing the WiFi Service, you ("You") hereby agree to comply with the terms and conditions of the GKAD WiFi Internet Access Service Agreement (the "Agreement"), including its terms and conditions, this GKAD Internet Acceptable Use Policy (the "Use Policy"), and other attachments to the Agreement, as they may be modified from time to time by GKAD, in its sole discretion. In the event of any inconsistency or conflict between this Use Policy and the Agreement, the provisions of this Use Policy shall govern. You agree that the Use Policy governs your conduct, as well as the conduct of members of your household and any other persons who You or members of your household authorize to use the WiFi Service ("Users"). 1. General. This Use Policy is intended to help enhance the use of the Internet generally, and the GKAD Network specifically, by preventing unacceptable uses thereof. GKAD supports the free flow of information and ideas over the Internet. GKAD does not exercise editorial control over the content of any website, e-mail, instant messages, news group, or other material created or accessible over or through the WiFi Service, except for certain proprietary websites. However, in accordance with the Agreement, GKAD may remove any materials that, GKAD’s sole discretion, it believes may be illegal, may subject GKAD to liability or may violate this Use Policy. GKAD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Any violation of this Use Policy by You may result in the suspension or termination of the WiFi Service to You. 2. Generally Prohibited Conduct. You agree not to use, or allow Users to use, the WiFi Service, the GKAD Network, or the Equipment: (a) for any activity that violates any international, federal, state, agency, or local law or regulation or any person's rights, including, without limitation, by posting or transmitting child pornography or obscene material, by exporting software or technical information in violation of U.S. export control laws, or by accessing, using, copying, modifying, transmitting or downloading material in violation of the U.S. Copyright laws; (b) for any fraudulent activity, including, without limitation, making fraudulent offers to sell or buy products or services, or advancing any type of financial scam, including but not limited to "pyramid schemes" or "Ponzi schemes"; (c) to post or transmit any information or material that: infringes any person's copyright, trademark, trade secret, patent or other proprietary rights; is defamatory, libelous, offensive, threatening, abusive, pornographic, sexually explicit, profane, or otherwise is unacceptable or inappropriate in GKAD's sole discretion; constitutes or encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates the law; contains a Virus or other harmful component; or is false; (d) to achieve or attempt to achieve, or assist others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network. This includes port scanning, port probes, and direct connection attempts to a service or system not owned, controlled or expressly permitted to be accessed by You; (e) to improperly interfere with, inhibit, degrade or restrict the use and operation of the WiFi Service by others or GKAD’s ability to deliver the WiFi Service to users and to monitor the GKAD Network, including, without limitation, by: (i) sending excessive data transfers that exceed consumption limits that are now in place or may be established in the future; (ii) interrupting or interfering with the equipment, access, servers or WiFi Service used by other users; (iii) disrupting the GKAD Network; (iv) failing to comply with any bandwidth, data storage, IP address or other use limitations imposed on your use of the WiFi Service; (v) transmitting or disseminating any virus or feature harmful to the operation of any system, equipment, service or software; (f) to send to a minor or obtain for any minor, or obtain access for any minor to, any material that is harmful to minors; (g) to run a server of any type in connection with the WiFi Service, or to provide network or host services to others via the GKAD Network. Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, Proxy (any variety), DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, and remapping of ports for the purpose of operating a server on the GKAD Network; (h) to allow, enable, aid or assist, through action or inaction, directly or indirectly, any third party to use your computer system, the WiFi Service or the GKAD Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in GKAD’s sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial email or bulk e-mail; (i) to permit your computer system, through action or inaction, directly or indirectly, to be configured in such a way that gives a third party the capability to use the WiFi Service or the GKAD Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in GKAD's sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial e-mail or bulk e-mail. 3. Use of E-Mail. You agree not to use, or allow Users to use, the WiFi Service, the GKAD Network, the Equipment or any Software: (a) to send bulk e-mail, whether of a personal or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, other than to those who have requested such e-mails via a confirmed opt-in subscription process maintained by You; (b) to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from You; (c) to collect or receive responses from unsolicited e-mail messages (even if such e -mail was sent from accounts on other Internet service providers or e-mail services) that violate the Agreement or this Use Policy or the terms of use under the other Internet service provider or email service from which it was sent; (d) to conduct "mail bombings" (i.e., to send more than ten copies of the same or substantially similar message, or very large messages or files, with the intent of disrupting a server or account); (e) to send or forward chain letters (whether or not the recipient requests it); (f) to harvest e-mail addresses or personal information of other Users or the users of any other network; (g) to use any GKAD WiFi Internet Service subscriber's computer as a mail relay or another Internet site's server to relay mail without the express permission of the owner of that Internet site; (h) to reveal to others your e-mail password or your user name or reveal the e-mail password or user name of other users of the WiFi Service; (i) to forge, alter or remove any e-mail header; or (j) to send e-mail that does not originate from the GKAD Network but attempts to direct recipients via a link or otherwise to an Internet site on the GKAD Network. You understand and acknowledge that use of the GKAD Network in connection with the transmission of unsolicited commercial e-mail or bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and/or criminal penalties against the sender, including those provided by the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003 (15 U.S.C. A § 7701 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. A § 1030 et seq.), the Lanham Act (15 U.S.C.A § 1125), the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.A § 1961 et seq.), state trespass laws, and other state and federal criminal and/or civil laws. 4. Use of Newsgroups or Channels. When using the WiFi Service, the Equipment or the Software and using a Newsgroup, Channel or other public bulletin board ("Newsgroup"), You agree not to, or allow Users to: (a) post messages that do not comply with or are not permitted by the Newsgroup's terms of use, written charters, FAQ or similar instructions or guidelines ("Newsgroup Guidelines"), or that otherwise violate the Newsgroup Guidelines; (b) post or cross -post the same or substantially similar messages to more than eight (8) Newsgroups; (c) forge, alter or remove header information; (d) circumvent the approval process for posting to a moderated Newsgroup; (e) "flood", "newsbomb" or disrupt users of Newsgroups by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, cancel messages of others (except as an authorized moderator), or send excessive quantities of data to a Newsgroup; (f) post binary files to Newsgroups that do not expressly permit them; or (g) download any Newsgroup in bulk. 5. Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs. When You or Users participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms"), You agree not to, or allow Users to: (a) participate in Chat Rooms from which You or Users have been banned, or in a manner that violates the applicable acceptable use policy for that server or Chat Room; (b) flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); (c) use "bots" or "clones" on computers or other devices when using the WiFi Service (for example, You or Users may not participate in Chat Rooms using an automated program unless You or Users are actually physically present at your computer); (d) manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges to which You (or Users) are not entitled; (e) send Chat Room messages to recipients who have indicated their desire not to receive such messages; or (f) forge, alter or hide your identity (other than by using a nickname from which GKAD may, if necessary, determine your real name). 6. Criminal or Civil Liability. Violations of this Use Policy may result in criminal or civil liability or both. GKAD has the authority to investigate incidents involving violations of this Use Policy and will cooperate with law enforcement agencies if a criminal violation is suspected. Indirect or attempted violations of this Use Policy, and actual or attempted violations by a third party on behalf of a GKAD Network end user, shall be considered violations of this Use Policy by such end user. 7. Other Service Providers' Acceptable Use Policies. GKAD obtains services from and relies upon other entities to provide the WiFi Internet Access Service to You. GKAD must strictly comply with the rules of all other entities that You may access through the use of the GKAD WiFi Internet Access Service. In such instances where those entities' polices are more restrictive than the Agreement or GKAD's Use Policy, GKAD will communicate those restrictions to You and revise the Agreement or Use Policy or both, accordingly. Therefore, You agree to and shall abide by the acceptable use policies of such other entities. 8. Personal Use of the Web. (a) Infringement with Intellectual Property Rights. If You use material that is subject to another party's intellectual property rights, You must obtain authorization from that party prior to using such materials. By using the Personal Web Space, You represent and warrant that You are the author and copyright owner and/or authorized licensee with respect to any hosted content and You further represent and warrant that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. GKAD reserves the right to suspend or terminate your use if, in GKAD's sole discretion, You violate this Use Agreement or any law or regulation, e.g., the Digital Millennium Copyright Act of 1998, or a court order. (b) Other Activities. Whether lawful or unlawful, GKAD reserves the right to determine what is harmful to its customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the WiFi Service or the Internet. GKAD reserves the right, in its sole discretion, to disconnect service immediately upon detection of activities deemed harmful to the GKAD Network or GKAD’s customers, affiliates or agents. Attachment B
GKAD WIFI SERVICE PRIVACY POLICY AND PRIVACY NOTICE
1. Commitment to Confidentiality GKAD ("We") strives to honor the confidentiality of its Network Users. We want You to have confidence in your use of the Internet. This GKAD Privacy Policy and GKAD WiFi Service Internet Access Privacy Notice ("Privacy Policy") is designed to explain our commitment to your privacy and our monitoring activities. Independent contractors and agents of GKAD that are acting on behalf of GKAD in providing the WiFi Service are also bound by this Privacy Policy. 2. User Surveys From time to time, GKAD may take User surveys. We may contact You as part of a User survey. Participation in User surveys is purely voluntary, but we welcome and encourage You to respond to these surveys. Personal information gained in these responses will be held in confidence. 3. Right To Monitor Communications and Disclose Information It is generally GKAD’s policy not to share personal information about You. However, GKAD has the right to monitor the WiFi Service. In addition, GKAD may disclose personal information about You or your Internet use at its sole discretion under the circumstances described below. You expressly grant GKAD permission to disclose personal information in response to, among others: (a) an administrative, grand jury or trial subpoena; (b) a civil investigative demand issued by a government entity; or (c) a Federal or State search warrant or court order: (a) Mandatory Disclosure to Government Entities Under the USA PATRIOT Act of 2001 ("Patriot Act"), a governmental entity may require us to disclose certain information concerning your Internet service(s) without advance notice to You. If we receive a subpoena, we may be required to disclose to the government the following records: your name and address; records of your Internet sessions (including session times and duration); how long You have used our service(s) (including start date and the type(s) of service(s) utilized; your telephone number or other User identifying number(s), including any Internet or network address(es) assigned to You by our network; and other information. In addition, if we receive a Federal or State search warrant or court order, we may be required to disclose to law enforcement agencies the content of, and other records relating to, e-mail messages (including attachments to e-mail messages and records relating to your e-mail and Internet use), without advance notice to You. Please also note that law enforcement agencies may, by Federal or State court order, and without notice to You, obtain the right to install a device that monitors your Internet and e-mail use. (b) Voluntary Disclosure to Government Entities The Patriot Act also allows GKAD to voluntarily disclose certain information to law enforcement agencies and governmental entities in circumstances of immediate danger. If we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay, where permitted by law, we may voluntarily disclose to law enforcement agencies, without advance notice to You, the contents of your Internet user communications. The Patriot Act, under certain conditions, also allows the government, at our request, to intercept the communications of a computer trespasser, without obtaining a court order or search warrant. Finally, we also may disclose to law enforcement agencies the contents of your Internet communications that were inadvertently obtained and appear to pertain to the commission of crime. These new procedures set forth in the Patriot Act do not apply to records revealing your selection of video programming. As before, a governmental entity may obtain records revealing your selection of video programming only if it offers clear and convincing evidence to a court that such records are material to a criminal case and if You are given the opportunity to appear to contest the evidence. (c) Other Disclosures GKAD may also disclose personal information about You and/or your usage at its sole discretion in order to comply with the Digital Millennium Copyright Act or any other laws, to enforce the Use Policy, to protect the integrity of the GKAD Network, or to protect our Users. In such circumstances, GKAD may disclose your personal information to private individuals or to government entities. 5. Collection and Use of Technical Information When You use interactive WiFi Internet services, GKAD may gather technical data about your use of the WiFi Service. We use the technical information to understand customer interests, to enhance the value of the WiFi Service and to customize the WiFi Service based upon customer interests. 6. Third Parties Some third parties might acquire information about You when You use or visit their websites or services via the WiFi Service. GKAD does not undertake to monitor, and may not be capable of monitoring, the collection, use or disclosure of such information. 7. Revisions to the Privacy Policy GKAD reserves the right to update or modify this Privacy Policy at any time. Modifications to this Privacy Policy may be made by posting revisions on the WiFi Internet site.
|