This document describes the terms and conditions governing your use of Switch Wireless Courtesy Internet access (the “Service”). You are the end user hereinto referred to as (“User”). By using the service, you accept all of the terms and conditions (“Terms and Conditions”) set forth below, and in any addenda to this agreement and agree to abide by all applicable Acceptable Use Policies including Switch’s then current Acceptable Use Policy available at www.switch.com (the “AUP”), which may be amended from time to time.
PLEASE CAREFULLY READ AND REVIEW THE TERMS AND CONDITIONS BEFORE USING THE SERVICES. BY USING THE SERVICES YOU ARE BECOMING A PARTY TO AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU FURTHERMORE ACKNOWLEDGE AND AGREE 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. THIS SERVICE IS NOT CONSIDERED PART OF OR RELATED TO THE SWITCH NETWORK OR CARRIER SERVICES AS THOSE TERMS MAY BE DEFINED IN A MASTER SERVICE AGREEMENT OR COLOCATION FACILITIES AGREEMENT BETWEEN SWITCH AND ANY OF ITS CUSTOMERS.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WE WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES. THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. FOR THE PURPOSE OF ENFORCEMENT ANY SECTION HEREIN FOUND TO BE UNEFORCEABLE SHALL BE CONSTRUED TO THE EXTENT IT CAN BE ENFORCED, SO AS TO REACH THE FULL INTENT OF THIS AGREEMENT.
Intended Use of the Services User acknowledges and agrees that the Services are for personal use and agrees not to use the Services in a manner prohibited by any federal or state law or regulation. User further agrees to adhere to the Switch AUP. Transmission of 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 encourage 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. This service is offered independent from the services offered by Switch to its customers.
User acknowledges that there is content on the Internet or otherwise available through the Services which may be offensive, or which may not be in compliance with applicable 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 Services. All content accessed or received by the User is used by User at his or her own risk, and we and our employees, representatives or agents shall have no liability resulting from the access or use of such content by the User.
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 802.11x 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.
Privacy; Monitoring the Services
We are under no obligation to monitor or record the Services, but we may do so from time to time and we may disclose information regarding User’s use of the Services for any reason and at our sole discretion in order to ensure compliance with this policy, satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect us and our Users. USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT THERE IS NO EXPECTATION OF PRIVACY WHILE USING THE SERVICES.
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.
Disclaimer of Liability
THE SERVICES PROVIDED BY US ARE PROVIDED “AS IS.” WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. USER UNDERSTANDS AND ACKNOWLEDGES THAT WE EXERCISE NO CONTROL OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH OUR NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY US WILL BE AT USER’S OWN RISK. USER ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF US. UNDER NO CIRCUMSTANCES SHALL THE USER HOLD US OR ANY OF OUR AGENTS, CONTRACTORS OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE USER, US OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER AT ANY TIME WITHOUT CAUSE. THE INTERNET CONTAINS UNEDITED MATERIALS, WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICES. WE HAVE NO CONTROL OVER SUCH MATERIALS AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS.
User shall indemnify and hold us harmless for, from and against any and all claims, losses, damages and liabilities resulting from, rising out of, any claims brought by or against Switch 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. Moreover, recognizing Switch controls rights to intellectual property, industrial property and trade secrets of every kind and description throughout the world (the “Switch Technology”) and to help Switch protect the interactive technology ecosystem, brand integrity, and customers benefited by Switch Technology, you agree to protect, defend, and hold harmless Switch for, from and against claims brought by or against Switch arising from or related to any Customer Relationship infringing upon, or in any way violating Switch Technology. You agree to use your best efforts to assist Switch in defending and protecting Switch Technology from infringement including infringement, and Switch reserves the right to treat you as a contributory infringer due to the unlawful or unauthorized use or infringement of Switch Technology and you acknowledge its status as such absent your best efforts to proactively remedy the infringement. You covenant you will not use Switch Technology, including Switch’s patents and the method and manner in which Switch provides its services, except as authorized by Switch in Customer’s applicable agreements with Switch and Customer agrees and covenants to cease and rectify any unauthorized use. Such rectification, in Switch’s discretion, may include attribution and restitution to Switch for unauthorized use of Switch Technology.
By continuing you agree to our terms of service.