Public Wi-fi Terms and Conditions of Service

Service Agreement and Terms of Use

The Service is a free public service provided by Great Parks of Hamilton County and its Hosts who provide Nodes and bandwidth ("Hosts"). Your access to the Service is completely at the discretion of Great Parks of Hamilton County, and your 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 Great Parks of Hamilton County or its Hosts, disruption of access to other Users or networks and violation of applicable laws or regulations. Great Parks of Hamilton County may revise this Agreement at any time. By logging on to the system, you accept this Agreement and it is your responsibility to review it for any changes each time.

Personal Use Only

You may use the Service provided to you by Great Parks of Hamilton County for the sole purpose of accessing the Internet. Great Parks of Hamilton County has and accepts no obligation to monitor your use of the Service nor edit or censor content transmitted (via email, downloading, uploading, posting, or otherwise) through the Service. Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Great Parks of Hamilton County, its Hosts or any third party.

Prohibited Activities

The use of the Service for improper activities is prohibited and includes without limitation:

• Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
• Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets or any other proprietary right of any third party.
• Obscene or Indecent Speech or Materials: Using Great Parks of Hamilton County network to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials. Great Parks of Hamilton County will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
• Defamatory or Abusive Language: Using the Service to transmit, post, upload or otherwise make available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
• Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
• Hacking: Accessing 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.
• Distribution of Internet Viruses, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service or equipment.
• Facilitating a Violation of this Agreement of Use: Advertising, transmitting or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software.
• Export Control Violations: The transfer of technology, software or other materials in violation of applicable export laws and regulations, including but not limited to, the U.S. Export Administration Regulations and Executive Orders.
• Other Illegal Activities: Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software or making fraudulent offers to sell or buy products, items, or services.
• Resale: The sale, transfer or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

Disclaimer

You acknowledge (i) that the Service may be interrupted or contain errors; (ii) that viruses or other harmful applications may be available through the Service; (iii) that Great Parks of Hamilton County does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that Great Parks of Hamilton County and its Hosts' 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.

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 AND YOUR USE THEREOF IS AT YOUR OWN RISK. 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 GREAT PARKS OF HAMILTON COUNTY, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER GREAT PARKS OF HAMILTON COUNTY OR ITS OFFICIALS, REPRESENTATIVES, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE.

In addition, Great Parks of Hamilton County and its officials, representatives, employees, agents or affiliates will not be responsible for any damages, losses, expenses or costs that you suffer AS A RESULT OF:

• any interruption or failure of the Services OR Products;
• the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet;
• any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions;
• anything beyond the reasonable control of Great Parks of Hamilton County, including but not limited to any interruption or failure of a third party’s services, software, equipment or network;
• any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment;
• viruses, worms, Trojan horses, or other undesirable data or software;
• the attempt by unauthorized users (e.g., hackers) to obtain access to your data, website, computers, or networks.

Indemnity

You agree to indemnify and hold harmless Great Parks of Hamilton County, its Hosts, and their suppliers and 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 any 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 Great Parks of Hamilton County may assert under this Agreement or by law.

Interpretation

This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with Ohio law, excluding its conflict of law principles. 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. Great Parks of Hamilton County performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede Great Parks of Hamilton County’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Great Parks of Hamilton County 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 Great Parks of Hamilton County with respect to its subject matter and supersedes all prior writings or understanding.

Acceptance of Agreement by Use

You acknowledge that you have read and understood, and you agree to, each of the provisions in this “Great Parks of Hamilton County Public Wi-Fi Terms and Conditions of Service” document, and you represent and warrant that you are of legal age and authorized to enter a binding agreement and to accept and agree to become bound by the terms of this document. The agreement applies to you and to anyone who uses the Service from your device. By initiating, activating or using the Service from your device, you will have been deemed to have accepted the current version of the provisions of this “Great Parks of Hamilton County Public Wi-Fi Terms and Conditions of Service” document. If you do not agree to the terms of this document, you may not use the Service from your device.