SmartTown Terms and Conditions
ACCESS TO SERVICE
Free wireless Internet is provided in this public space for the public to use thanks to ATC Broadband. Wireless Fidelity (Wi-Fi) lets you access the Internet without cables or wires on your privately-owned mobile phone, laptop, personal digital assistant, or other Wi-Fi-enabled device. It is important that you read the following information about ATC Broadband’s Wi-Fi service. Your use of ATC Broadband’s Wi-Fi service constitutes your agreement to all terms and conditions of use.
Accessing this wireless network as a user is subject to the following terms:
- Use of the Wi-Fi service at this public space is entirely at your own risk. By using and accessing this wireless network you agree that ATC Broadband shall have no liability for any loss of any kind.
- You acknowledge that ATC Broadband’s Wi-Fi network is unsecure, and information sent over the network may be visible to others.
- This public space and ATC Broadband are under no obligation to you to provide Wi-Fi service nor are they liable to you (or any third party) in any way if Wi-Fi service is not available for use.
- This public space and ATC Broadband may terminate provision of Wi-Fi service without notice and at their sole discretion.
- This public space and ATC Broadband cannot guarantee that the Wi-Fi network will be compatible with any device or hardware.
- This public space and ATC Broadband are not responsible for your devices or hardware’s inability to use or access this Wi-Fi service caused by the state of your device or hardware.
- This public space and ATC Broadband assume no responsibility for user equipment or data when connecting to this wireless network.
- This public space and ATC Broadband cannot be held responsible for the privacy or security of your activities. It is most strongly recommended that you use a personal firewall and take due care when transmitting confidential information such as credit card details over the Internet. By your use of this access, you agree that this public space and ATC Broadband shall not be held responsible for any losses resulting from your sending confidential information via the Internet.
- This public space and ATC Broadband assumes no responsibility for the safety of your device for configurations, security, or data files resulting from connection to the Wi-Fi service.
- It is the sole responsibility of the wireless device owner/user to provide antivirus and malware protection and to configure your device settings to provide the appropriate security to control access from other wireless users and the Internet. By your use of this access you agree that this public space and ATC Broadband shall have no liability for damages incurred to your device or hardware for you using inadequate, incorrect, insufficient, or incomplete security settings or by your failure to protect your device by using appropriate up to date software, nor are we responsible for any viruses or spyware which may be downloaded on to your device while using our Wi-Fi service.
- This public space and ATC Broadband may revise the Acceptable Use Policy at any time.
ACCEPTABLE USE OF SERVICE
This public space and ATC Broadband support the free flow of information and ideas over the Internet. Although this public space and ATC Broadband have and accept no obligation to monitor your use of the Service, nor edit or censor content transmitted (via email, downloading, uploading, posting, or otherwise) through the Service, your access to the Service is conditioned on your legal and appropriate use of the Service. You agree that all of your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of This public space, ATC Broadband, its Hosts, or any third party.
The following list is not exhaustive but is to provide a framework for activities which fall into the category of unacceptable use. The use of the Service for the following activities are strictly prohibited, and you agree that neither you nor anyone using your device(s) with your permission will conduct or participate in any of these activities
- Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another’s privacy.
- Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
- Obscene or Indecent Speech or Materials: Using ATC Broadband’s network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. ATC Broadband will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
- Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise make available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
- Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Hacking: Accessing illegally or without authorization computers, accounts, equipment, or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
- Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
- Facilitating a Violation of this Agreement of Use: Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement,
which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. • Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
- Other Illegal Activities: Using the Service in violation of applicable laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
- Resale: The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale
DISCLAIMER
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be a threat through Service use; (iii) that This public space and ATC Broadband do not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that This public space and ATC Broadband and its Hosts’ ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable. The service and any products or services provided on or in connection with the service are provided on an “as is”, “as available” basis without warranties of any kind.
INDEMNITY
You agree to indemnify and hold harmless this public space and ATC Broadband, its Hosts, and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or a violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that this public space and ATC Broadband may assert under this Agreement or by law.
INTERPRETATION
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with Georgia law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in
writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. Nothing contained in this Agreement shall waive or impede This public space and ATC Broadband’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by This public space and ATC Broadband with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions, and representations of the agreement between you, This public space and ATC Broadband with respect to its subject matter and supersedes all prior writings or understanding.
ACKNOWLEDGEMENT STATEMENT
“You acknowledge and agree that YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK, and to abide by all laws, rules, and regulations provided by ATC Broadband, the State of Georgia, and the Federal Government that are applicable to internet use. By using the Service (clicking I Accept), you agree to all terms set forth.”