SocalFreenet.org
Wireless Hotspot Terms and Conditions
(April 2004)
You are about to access the Internet through a wireless hotspot
operated on behalf of SocalFreenet.org. SocalFreenet.org is a provider
of free wireless Internet access and related services and features (the
"Service") in Southern California. The use of the Service shall be
governed by the wireless hotspot terms and conditions contained herein
("the Agreement"). You may only use the Service if you expressly agree
to be bound by the terms and conditions of this Agreement each time you
access the Service. Please read this Agreement carefully before
accessing the Service. If you agree with and accept the Agreement,
click the "Continue" button below. By accepting the Agreement and
accessing the Service, you acknowledge that you are of legal age, you
have read and understood, and agree to be bound by this Agreement. In
all events, by using this service, you agree to be bound by these Terms
and Conditions. If you do not agree to the terms of this Agreement, do
not use the Service.
1. Service Access & Availability
The Service is a free public service provided by SocalFreenet.org. Your
access to the Service is completely at the discretion of
SocalFreenet.org, and your access to the Service may be blocked,
suspended, or terminated at any time for any reason including, but not
limited to, any violation of this Agreement, actions that may lead to
liability for SocalFreenet.org, disruption of access to other Users or
networks, and violation of applicable laws or regulations. You must
accept this Agreement each time you use the Service and it is your
responsibility to review this Agreement for any changes prior to each
use. As indicated below, SocalFreenet.org reserves the right to change
the terms and conditions of the Agreement at any time, without prior
notice. Service is only available at designated locations; actual
service coverage, speeds and quality may vary. Service is subject to
unavailability, including emergencies, third party service failures,
transmission, equipment or network problems or limitations,
interference, lack of signal strength, and maintenance and repair, and
may be interrupted, refused, limited or curtailed.
2. Use of Service
You agree not to use the Service for any purpose that is unlawful or
prohibited by this Agreement. You may not use the Service in any manner
that could damage SocalFreenet.org?s property or others' property, or
interferes with, harms or disrupts SocalFreenet.org's system or other
operators' systems or other users. You will comply with all laws while
using the Service and you will not transmit any communication or data
that would violate any laws, court order, or regulation, or would
likely be offensive to the recipient. You agree to cooperate with
SocalFreenet.org in any fraud investigation and to use any fraud
prevention measures we prescribe. You agree not to use the Service for
any fraudulent, unlawful, harassing or abusive purpose, or so as to
damage or cause risk to SocalFreenet.org's reputation, members,
facilities, or to any other person. Improper and prohibited use
includes, but is not limited to:
- Using the Service to violate any law, statute, ordinance or
regulation, including without limitation the laws and regulations
governing export control, unfair competition, false advertising,
consumer protection, issuance or sale of securities, child pornography,
obscenity, trade in firearms, spamming, privacy, data transfer, and
telecommunications;
- Using the Service in a manner which presents a material security risk
or will interfere materially with the continued operation of the
Service;
- Using the Service in any manner that infringes another's copyrights,
patents, trademarks, service marks, trade names, trade secrets or other
intellectual property rights or rights of publicity, including failing
to obtain all required permissions to receive, upload, download,
display, distribute, or execute programs or perform other works or
derivative works protected by intellectual property laws or removing or
altering applicable copyright, trademark, or patent notices; - Using
the Service in a tortious manner, including without limitation engaging
in libel, defamation, harassment, misappropriation of trade secrets,
intentional misrepresentation or fraud, or publication of private
information without the permission of the person(s) involved;
- Introducing viruses, trojan horses, trap doors, back doors, easter
eggs, worms, time bombs, packet bombs, cancelbots or any other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information;
- Intentionally omitting, deleting, forging or misrepresenting
transmission information, including headers, return addressing
information and IP addresses, in violation of applicable law;
- Using the Service to gain illegal or unauthorized access to other
computers or networks with any engine, software, tool, agent, device or
mechanism other than the software and/or search agents provided by us
or other generally available third party web browser;
- Attempting to intercept, collect or store data about third parties
without their knowledge or consent;
- Sending unsolicited messages, including without limitation,
promotions or advertisements for products or services, "pyramid
schemes", "spam", "chain mail" or "junk mail";
- Interfering or attempting to interfere with the access of any user,
host or network.
SocalFreenet.org reserves the right to monitor the use of the Service
to ensure compliance with this Agreement or applicable law.
SocalFreenet.org reserves the right to monitor transmissions and to
collect and use personally identifiable information to assist in
provisioning of service and to monitor network health and performance
and otherwise solve problems associated with the Service. We reserve
the right to terminate your service immediately and without advance
notice if we, in our sole discretion, become aware of improper or
harmful activity, or if SocalFreenet.org believes that you have
violated the above restrictions. If we suspect violations of any of the
above, we will investigate and, where appropriate, we may (i) institute
legal action, (ii) deactivate the Service or your access to the Service
without prior notice to you, and/or (iii) cooperate with law
enforcement authorities in bringing legal proceedings against
violators. Socalfreenet.org requests that anyone who believes that
there is a violation of these Terms and Conditions to direct the
information to: webmaster@socalfreenet.org. By reserving the right to
monitor, SocalFreenet.org does not assume any duties or
responsibilities to you or to anyone else.
3. Limitation of Liability
SocalFreenet.org shall not be liable, and you hereby waive all claims
against SocalFreenet.org, for any damages arising from use of the
Service including without limitation, punitive, exemplary, incidental,
special or consequential damages, loss of privacy or security damages;
personal injury or property damages; or any damages whatsoever
resulting from interruption or failure of service; lost profits, loss
of business, loss of data, loss due to unauthorized access of due to
viruses or other harmful components, cost of replacement products and
services, the inability to use the Service, the content of any data
transmission, communication or message transmitted to or received by
your unit, access to the world wide web, the interception of loss of
any data or transmission, or losses resulting from any goods or
services purchased or messages or data received or transaction entered
into through the Service. If you are dissatisfied with the Service, or
with this Agreement, your sole and exclusive remedy is to discontinue
using the Service. By using the Service you acknowledge that your use
of the Service is at your sole risk. 4. Content Disclaimer
SocalFreenet.org does not control, nor is SocalFreenet.org responsible
or liable for, data, content, services, or products (including
software) that you access, download, receive or buy via the Service.
SocalFreenet.org may block information, transmissions or access to
certain information, services, products or domains to protect
SocalFreenet.org, SocalFreenet.org?s network, the public or our users.
Therefore, messages and other content may be deleted before delivery.
The Internet contains unedited materials, some of which may be
offensive to you. SocalFreenet.org is not a publisher of third-party
content accessed through the Service, and is not responsible for the
content, accuracy, timeliness or delivery of any opinions, advice,
statements, messages, services, graphics, data or any other information
provided to or by third parties as accessible through the Service. You
are responsible for paying all fees and charges of third party vendors
whose sites, products or services you access, buy or use via the
Service. If you choose to use the Service to access websites, services
or content, or purchase products from third parties, your personal
information may be available to the third-party provider. How third
parties handle and use your personal information related to their sites
and services is governed by their privacy and other policies (if any)
and not SocalFreenet.org's. SocalFreenet.org has no responsibility for
third party provider policies, or their compliance with them. You are
liable for any and all liability that may arise out of the content
transmitted by or to you using the Service. You shall assure that your
use of the Service and content will at all times comply with all
applicable laws, regulations and written and electronic instructions
for use. SocalFreenet.org reserves the right to terminate or suspend
affected Service if SocalFreenet.org determines that such use does not
conform with the requirements set forth in this Agreement, or
interferes with SocalFreenet's ability to provide Service to you or
others, or receives notice from anyone that your use may violate any
laws or regulations. SocalFreenet.org's actions or inaction under this
Section shall not constitute review or approval of your use.
5. Warranty Disclaimer
The Service is provided "as is" without warranties of any kind, either
express or implied. You assume all responsibility and risk for use of
the Service. Neither SocalFreenet.org nor its officers, directors,
employees, agents, dealers, suppliers, parents, subsidiaries or
affiliates warrant that the information, products, processes and/or
services available through the Service will be uninterrupted, always
available, accurate, complete, useful, functional or error free.
6. Eligibility
You must be at least 18 years old to be eligible to use the Service.
However, if you are at least 13 years old but not yet 18, you may use
the Service if -- and only if --- you have your parents' or guardians'
prior permission. No one under age 13 may use the Service under any
circumstances. By accepting this Agreement you are representing that
you are at least 18 or that you are at least 13 years old and have your
parents' or guardians' permission to access the Service.
7. Indemnification
You agree to indemnify, defend and hold harmless SocalFreenet.org, its
employees, officers and directors, or any underlying or affiliated
group from and against any and all claims, liabilities, penalties,
settlements, judgments, costs, fees (including reasonable attorneys'
fees) arising from (i) any content that you or anyone using your
account may submit, post or transmit; (ii) your use of the Service;
(iii) your violation of this Agreement; and (iv) any violation or
failure by you to comply with all applicable laws and regulations in
connection with the use of the Service. 8. Privacy and Security
Wireless internet connections such as that provided through the Service
are not secure. Communications may be intercepted by others and your
equipment may be subject to surveillance and/or damage. Since the
wireless connection providing you with access uses radio signals, you
should have no expectation of privacy whatsoever when using the
service. Accordingly, in providing this service, SocalFreenet.org
cannot and does not promise any privacy protection when you use the
service. It is your sole responsibility to install and deploy
technological tools to protect your communications and equipment that
may be compromised by use of a wireless network.
9. Termination of Service
SocalFreenet.org reserves the right to suspend or discontinue providing
the Service generally, or to terminate your Service, at any time in its
sole discretion, with or without notice. SocalFreenet.org shall not be
liable for any damages, losses, cost or expenses caused by or arising
out of termination of the Service, to you or to any other individual.
10. Changes to Terms and Conditions
SocalFreenet.org reserves the right to update or amend these Terms and
Conditions at any time. The amended Terms and Conditions shall
automatically be effective the day of their updated posting in the
wireless hotspot Terms and Conditions. Your continued use of the
Service after the effective date of any posted change constitutes your
acceptance of the amended Terms and Conditions. For this reason, we
encourage you to review these Terms and Conditions whenever you use the
Service.
11. No Third Party Endorsement or Beneficiaries
Any names, marks, products or services of third parties, or hypertext
links to third party sites or information, do not necessarily
constitute or imply an endorsement, sponsorship, or recommendation of
the third party, information, product or service by SocalFreenet.org.
SocalFreenet.org does not endorse nor make any warranties or
representations about any website you may access during your use of the
SocalFreenet.org wireless hotspot, including the privacy policy of any
such website. You need to make your own decisions regarding your
interactions or communications with any other website. No provision of
this Agreement provides any person or entity not a party to this
Agreement with any remedy, claim, liability, reimbursement, or cause of
action or creates any other third party beneficiary rights.
12. Copyrights and Trademarks
The Service and any firmware or software used to provide the Service or
provided to you in conjunction with providing the Service are protected
by intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names,
logos and domain names (collectively "marks") of SocalFreenet.org are
and shall remain the exclusive property of SocalFreenet.org and nothing
in this Agreement shall grant you the right or license to use such
marks. You acknowledge that you are not given any license to use the
firmware or software used to provide the Service or provided in
conjunction with providing the Service, other than a nontransferable,
revocable license to use such firmware or software (without making any
modification thereto) strictly in accordance with the terms and
conditions of this Agreement. Other than private text and e-mail
messages, all of the content you see, hear or otherwise experience
through the Service, including, for example, all of the page headers,
images, illustrations, graphics, and text, are subject to trademark,
service mark, trade dress, copyright, trade secret, patent, and/or
other intellectual property rights or licenses held by SocalFreenet.org
or by third parties who may own them. In operating the Service,
SocalFreenet.org may act as a "services provider" as defined in the
Digital Millennium Copyright Act ("DMCA") and offer services as an
online provider of materials and links to third party web sites. As a
result, third party materials that are not owned or controlled by us
may be transmitted, stored, accessed or otherwise made available using
the Service. If you believe any material available via the Service
infringes a copyright, you should notify us at
webmaster@socalfreenet.org. We will respond expeditiously to remove or
disable access to material we determine may be infringing and will
follow the procedures specified in the DMCA to resolve the claim
between the notifying party and the alleged infringer who provided the
applicable content. 13. Severability
All terms and conditions of this Agreement are independent of each
other. If any term or condition is held to be inapplicable or
unenforceable then: (a) such term or provision shall be construed, as
nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect, and (b) the
Agreement will not fail its essential purpose and the balance of the
terms and provisions shall remain unaffected and in full force and
effect, unless our obligations hereunder are materially impaired, in
which case SocalFreenet.org reserves the right to terminate this
Agreement.
14. Arbitration / Dispute Resolution
Any claim or dispute between you and SocalFreenet.org arising under or
related to the Service or the Agreement shall be submitted to final,
binding arbitration with the American Arbitration Association ("AAA")
pursuant to its published wireless industry arbitration rules,
incorporated herein by this reference and available by calling the AAA
at 800-778-7879 of by visiting its website at http://www.adr.org. Such
arbitration shall be conducted in San Diego, California. No party may
act as a representative of other claimants or potential claimants in
any dispute, and two or more individuals' disputes may not be
consolidated or otherwise determined in one proceeding. Subject to the
foregoing limitations on consolidated or classwide proceedings, you
agree however, that (a) you may take claims to small claims court, if
they qualify for hearing by such court and (b) if you fail to timely
pay amounts due, we may assign your account for collection and the
collection agency may pursue such claims in court limited strictly to
the collection of the past due debt and any interest or cost of
collection permitted by law or this Agreement. 15. Choice of Law
This Agreement, its validity, construction and performance, shall be
governed by the laws of the State of California. In no event shall any
arbitration be commenced outside the United States, nor shall any law
outside the United States be applied. Except as otherwise provided in
the Agreement, and unless prohibited by law, any controversy, claim or
dispute must be brought by you within one (1) year of the date you are
entitled to assert any such claim. 16. Entire Agreement
This Agreement represents the final and entire Agreement between you
and SocalFreenet.org regarding the Service. Except as otherwise
provided in the Agreement, no prior or subsequent handwritten, typed,
or oral change to the Agreement will be valid unless accepted in
writing. SocalFreenet.org's failure at any time to require strict
performance by you or any other subscribers of any of the provisions
herein shall not waive or reduce SocalFreenet.org's right to thereafter
require strict compliance with any provisions of the Agreement. Your
electronic acceptance of the Agreement shall have the same force and
effect as if you had actually signed the Agreement.