Wisconsin Athletic Club (WAC) Wireless Terms of Service
PLEASE CAREFULLY READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR EQUIPMENT OR THIS WIRELESS SERVICE. BY USING WAC WIRELESS SERVICES YOU ARE BECOMING A PARTY TO AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU FURTHERMORE ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED BY US FROM TIME TO TIME. IN ADDITION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE WAC WIRELESS SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, THE WAC WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH WIRELESS SERVICES.
- User assume full responsibility for usage of WAC Wireless services.
- WAC is not responsible for lost or stolen items.
- The service is unsecured and unencrypted. User assumes full responsibility for taking any security measures necessary to protect their communications, equipment and data through this service.
- User will be respectful towards all other users of the service and will not interfere with or act to the detriment of their use or enjoyment of the service.
- User will not transmit any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. Excessive use of bandwidth and/or use of the service deemed unreasonable by WAC is also prohibited. User will comply with any acceptable use policy or usage guidelines that WAC institutes.
- User acknowledges that there is content on the Internet or otherwise available through this wireless service which may be offensive, or which may not be in compliance with all local laws, regulations and other rules. We assume no responsibility for and exercises no control over the content contained on the Internet or is otherwise available through the WAC/WAC Wireless. All content accessed or received by the User is used by User at his or her own risk, and we and our employees shall have no liability resulting from the access or use of such content by the User.
- User will not sell, lease, relay or share WAC Wireless service or any particular wireless connection provided by the WAC/WAC Wireless without the express prior consent of WAC/WAC Wireless.
- System and Network Security
- Users may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking”). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks.
- Users may not attempt to interfere with service to any user, host, or network (”denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
- Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
- Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- Users understand that there are certain security risks by utilizing wireless networks. We are committed to maintaining a public network for ease of use and make no guarantees or representations regarding the security of our network. We recommend the use of personal firewall software and a VPN client to attach to private networks. As an option, we support routable IP addresses to all connection types to support a corporate VPN.
- User acknowledges that when using this service your username and location may be visible to other users of the service or on particular pages on the public Internet.
- WAC/WAC Wireless provides this wireless service without any warranties, express or implied, statutory or otherwise, including warranties of quality, availability or security.
- User agree that neither WAC/WAC Wireless, other users of the service nor the operator of the access points to which users connect shall have any liability to user or any other person, whether for general, special, punitive, aggravated, economic or other damages, arising out of user usage of the service. Users agree to indemnify WAC for any claims, loss or injury caused to it or any other person because of use of the service.
- IP Addresses
IP addresses are normally assigned on a dynamic basis and there is little or no assurance that the User will be assigned the same (or even similar) IP address between sessions.
Users agree not to run any servers in conjunction with the Services, including but not limited to, electronic mail, NAT, DHCP and DNS servers. In the event any User attempts to utilize a server on the network, we may, at our sole discretion, increase the fees associated with the Services, or terminate the Services.
- User Complaint Resolution
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, User should contact us at the address and phone number listed on our website.
- Additional Terms and Conditions
WAC/WAC Wireless may, from time to time, send e-mail messages or other forms of communication to User containing advertisements, promotions, etc. which may be offered by third parties. We make no representation or warranty with respect to the content of any such third party communications or goods or services which may be obtained in response to such communications and User agrees that we shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writing by us. Additionally, our web site may contain links to Web sites operated by parties other than us. Such links are provided for your convenience only. We do not control such Web sites and is not responsible for their contents. Our inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
- Venue/Choice of Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Wisconsin (excluding rules regarding conflicts of law) and the United States of America.
User shall indemnify and hold us harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
- WAC/WAC Wireless, will not, without User's express consent collect personal information. In the future the WAC may have a need to collect a) the email address that is registered for the service b) the MAC address of user's wireless device c) the times and locations of user connections and d) the amount of data transferred through those connections. In addition, the WAC will not log user data or its destination except when the WAC needs to analyze data transfer in order to resolve technical problems.
- WAC/WAC Wireless will use User personal information solely for internal purposes in connection with the operation, management and maintenance of the service or its transfer to another operator, and will use customary measures to maintain the security of that information, and will only keep the information for as long as is reasonably required to fulfill these purposes.
- Unless WAC/WAC Wireless is required to do so by applicable law, it will not share User personal information with any third party without your express consent; provided that WAC/WAC Wireless may for research purposes share aggregated and anonymized information derived from your information including personal information, and provided also that when using the service, username and location may at some point be visible to other users of the service or on particular pages on the public Internet.
- If you wish WAC/WAC Wireless to delete personal information from its records, or if you have any questions concerning the use of your personal information, please contact technical support at the email address shown on the WAC/WAC Wireless home page. [email protected]
In order to maintain this service in the long-term, WAC/WAC Wireless may:
- Institute connection limits, such as limiting speed or quality of connections.
- Deactivate accounts for any reason whatsoever at the sole discretion of WAC/WAC Wireless. Deactivation may occur for reasons including, but not limited to, users not abiding by this agreement.
- Block outgoing SMTP email connections or the use of any particular ports.
- Contact users, using the email address under which they are registered, on subjects relating directly to the activities or operations of WAC Wireless.
Last updated: January, 2009