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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.