Acceptable Use Policy - Residential Services

Wireless Network Terms of Use Please be advised that your use of the Property Owner’s (defined below) public wireless network (the “Network”) is subject to the following Terms of Use ("Terms"). By clicking the acceptance/continue button and by accessing and making use of the Network, you are acknowledging that you have read and understand, and are agreeing to be bound by and comply with, the Terms. The Terms may be changed from time to time without notice; therefore, it is suggested that you read the terms of use each time you log on to the Network. As used herein, the term “Property Owner” means the owner of the Network that is either (i) the fee title owner or ground lessee of the land and/or building(s) located at STREET ADDRESS., CITY STATE (“Real Property Owner”) or (ii) an affiliate of the Real Property Owner. As used herein, the “Property Owner Parties” shall mean the Property Owner, the Real Property Owner, their (direct or indirect) owners, their affiliates, and the beneficiaries, trustees, officers, directors, employees, managers, and agents of each of the foregoing. The Network is intended for use by persons 18 years of age or older, or who have the permission and are under the supervision of a parent or guardian. The Network may only be used for lawful purposes, and the Property Owner Parties and the Network take no responsibility and do not accept any liability for any of any users’ activities that violate the law (including copyright law). Security The Network is an open, public-access network and is not secured. Thus, communications over the Network may be subject to interception by unauthorized third parties. Your use of the Network is “AS IS” and “AS AVAILABLE” and the Property Owner Parties make no general or specific warranties, representations or promises of any kind regarding the security, availability, performance or other functionality of the Network. You are responsible for implementing your own security protections while using the Network. In the event you become aware of any unauthorized use of the Network or any other breach of the Terms, you agree to immediately notify us. The Property Owner Parties expressly disclaim any responsibility or liability for your use of the Network and for any lack of security, or any resulting injury, loss or damage that may occur in connection with your use of the Network. You agree to hold the Property Owner Parties and their lessees, harmless for the loss of any file, data or other information, for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information, or for any other loss, injury or damage you may suffer in connection with your use of the Network. Open Resource/Parental Concerns The Network is open to anyone, and individual activity on the Network is not limited or monitored. This means that Network users may access internet sites that may be harmful, graphic or offensive. The Network does not filter or block any sites. Users are expected to regulate their own internet usage and the Property Owner Parties are not responsible for policing the internet or for any internet user’s activity online. Prohibited Activities The Network may not be used for or in connection with the commission of harmful or illegal activities, including, but not limited to, the following: Hacking into any system; • Introducing any virus, worm, spyware, Trojan horse or other program or code into any computer, computer system, software or disks; • Any activities intended to aid any crime, including identity theft or credit card theft, and including the exploitation of minors, or child pornography; • Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications; • Downloading, uploading, accessing, streaming, posting, emailing, transmitting or otherwise making available any materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; • Participating in or committing telecommunications fraud. • Any activities which will damage, disable, vandalize or otherwise harm computer equipment or software. You agree to indemnify, defend and hold harmless the Property Owner Parties and their lessees against any and all claims, costs or liabilities arising from or related to your violation of these terms of use. Performance of the Network In order to use the Network, you must have a Wi-Fi-capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with the Network; (c) runs the IP protocol; and (d) is configured to obtain web addresses automatically. The Wi-Fi device must be in close enough proximity to Network wireless access points to achieve connectivity with the Network. It is understood that the Network is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your Wi- Fi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your Wi-Fi device and the Network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The Network may also be interrupted, refused, limited or curtailed for these reasons. The Property Owner Parties and their lessees are not responsible for lost or misdirected data, or any other loss, damage or injury, resulting from the performance or availability of the Network. In order to maintain acceptable levels of service for all Network users and to improve this service, we reserve the right to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Network users. Service may be suspended or terminated for any reason. There is no right created to use this Wi-Fi service. No Wi-Fi provider can offer absolute privacy while on the internet and transactions may be monitored for your protection against illegal or fraudulent acts. Changes to the Network and these Terms of Use You agree that the Network and these Terms may be modified or terminated by us for any reason, and without notice to you, and without our incurring any liability to you, or to any other user or third party. We urge you to review these Terms periodically so that you will be aware of any modifications.