The LMS Free Internet Service is for the convenience of
customers but is not to be used for streaming to prevent
network saturation. Network saturation degrades performance
to all users including the front desk staff and online
purchase clients.
This agreement sets out the terms and conditions on which
wireless internet access (“the Service”) is provided free of
charge to you, a guest, vendor, customer, board member,
volunteer or employee of the Ladysmith Maritime Society
(“LMS”).
Your access to the Service is completely at the discretion
of LMS. Access to the Service may be blocked,
suspended, or terminated at any time for any reason
including, but not limited to, violation of this Agreement,
actions that may lead to liability for LMS, disruption of
access to other users or networks, and violation of
applicable laws or regulations. LMS reserves the right
to monitor and collect information while you are connected
to the Service and that the collected information can be
used at discretion of LMS, including sharing the information
with any law enforcement agencies.
LMS may revise this Agreement at any time. You must accept
this Agreement each time you use the Service and it is your
responsibility to review it for any changes each time.
We reserve the right at all times to withdraw the Service,
change the specifications or manner of use of the Service,
to change access codes, usernames, passwords or other
security information necessary to access the service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES
THERETO, DO NOT ACCESS OR USE THE SERVICE.
- 1. Disclaimer
You acknowledge
- that the Service may not be uninterrupted or
error-free;
- that your device may be exposed to viruses or other
harmful applications through the Service;
- that LMS does not guarantee the security of the
Service and that unauthorized third parties may access
your computer or files or otherwise monitor your
connection;
- that LMS’s 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;
- that LMS can at any point block access to Internet
Services that they deem violate the acceptable terms
of use outlined in 2.1.
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. All warranties, conditions, representations,
indemnities and guarantees with respect to the content
or service and the operation, capacity, speed,
functionality, qualifications, or capabilities of the
services, goods or personnel resources provided
hereunder, whether express or implied, arising by law,
custom, prior oral or written statements by LMS, or
otherwise (including, but not limited to any warranty of
satisfactory quality, merchantability, fitness for
particular purpose, title and non-infringement) are
hereby overridden, excluded and disclaimed.
- 2. Acceptable Use of the Service
- 2.1 You must not use the Service to access
Internet Services, or send or receive e-mails, which:
- 2.1.1 are defamatory, threatening,
intimidating or which could be classed as
harassment;
- 2.1.2 contain obscene, profane or abusive
language or material;
- 2.1.3 contain pornographic material (that
is text, pictures, films, video clips of a
sexually explicit or arousing nature);
- 2.1.4 contain offensive or derogatory
images regarding sex, race, religion, colour,
origin, age, physical or mental disability,
medical condition or sexual orientation;
- 2.1.5 contain material which infringe
third party’s rights (including intellectual
property rights);
- 2.1.6 in our reasonable opinion may
adversely affect the manner in which we carry out
our work;
- 2.1.7 are bulk and/or commercial messages;
- 2.1.8 contain forged or misrepresented
message headers, whether in whole or in part, to
mask the originator of the message;
- 2.1.9 are activities that invade another’s
privacy; or
- 2.1.10 are otherwise unlawful or
inappropriate;
- 2.2 Music, video, pictures, text and other
content on the internet are copyright works and you
should not download, alter, e-mail or otherwise use
such content unless certain that the owner of such
works has authorised its use by you.
- 2.3 You must not use the service to access
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.
- 2.4 You must not use the service to distribute
Internet Viruses, Trojan Horses, or other destructive
software.
- 2.5 The Service is intended for LMS guest use
only. Access to this Service must not be used for
commercial activity.
- 2.6 We may terminate or temporarily suspend
the Service if we reasonably believe that you are in
breach of any provisions of this agreement including
but not limited to clauses 2.1 to 2.5 above.
- 2.7 We recommend that you do not use the
service to transmit or receive any confidential
information or data and should you choose to do so you
do so at your own risk.
- 3. Criminal Activity
- 3.1 You must not use the Service to engage in
any activity which constitutes or is capable of
constituting a criminal offence, either in the Canada
or in any country throughout the world.
- 3.2 You agree and acknowledge that we may be
required to provide assistance and information to law
enforcement, governmental agencies and other
authorities.
- 3.3 You agree and acknowledge that we will
monitor your activity while you use this service and
keep a log of the Internet Protocol (“IP”) addresses
of any devices which access the Service and the times
when they have accessed the Service.
- 3.4 You further agree we are entitled to
co-operate with law enforcement authorities and
rights-holders in the investigation of any suspected
or alleged illegal activity by you which may include,
but is not limited to, disclosure of such information
as we have (whether pursuant to clause 3.3 or
otherwise), and are entitled to provide by law, to law
enforcement authorities or rights-holders.
- 4. Other Terms
- 4.1 Under no circumstances will LMS, their
suppliers or licensors, or their respective officers,
directors, employees, agents, and affiliates be liable
for consequential, indirect, special, punitive or
incidental damages, whether foreseeable or
unforeseeable, based on claims of the Guest or its
appointees (including, but not limited to,
unauthorized access, damage, or theft of your system
or data, claims for loss of goodwill, claims for loss
of data, use of or reliance on the service, stoppage
of other work or impairment of other assets, or damage
caused to equipment or programs from any virus or
other harmful application), arising out of breach or
failure of express or implied warranty, breach of
contract, misrepresentation, negligence, strict
liability in tort or otherwise.
- 4.2 You agree to indemnify and hold harmless
LMS and its suppliers, 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 an 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 LMS may assert under this Agreement or
by law.
- 4.3 This Agreement shall not be construed as
creating a partnership, joint venture, agency
relationship or granting a franchise between the
parties. 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.
- 4.4 LMS’ performance of this Agreement is
subject to existing laws and legal process, and
nothing contained in this Agreement shall waive or
impede LMS’ right to comply with law enforcement
requests or requirements relating to your use of this
Service or information provided to or gathered by LMS
with respect to such use. This Agreement constitutes
the complete and entire statement of all terms,
conditions and representations of the agreement
between you and LMS with respect to its subject matter
and supersedes all prior writings or understanding.
By using the service you agree to the terms of service, you
confirm that you accept these terms and conditions as the
basis of your use of the wireless internet access provided.