Terms of Service and Conditions
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, board member or employee of Greg Zehner.
Your access to the Service is completely at the discretion of Greg
Zehner. 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 Greg Zehner,
disruption of access to other users or networks, and violation of
applicable laws or regulations. Greg Zehner 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
Greg Zehner, including sharing the information with any law enforcement
agencies, Greg Zehner partners and/or Greg Zehner vendors.
Greg Zehner 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.
i.that the Service may not be uninterrupted or error-free;
ii.that your device may be exposed to viruses or other harmful applications
through the Service;
iii.that Greg Zehner does 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 Greg Zehners 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;
v.that Greg Zehner can at any point block access to Internet Services
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 Greg Zehner,
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 partys 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 anothers 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
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 Greg Zehner 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 United States 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,
the times when they have accessed the Service and the activity associated
with that IP address
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 hold Greg Zehner, 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 Greg Zehner 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 Greg Zehner 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 That Greg Zehner's performance of this Agreement is subject
to existing laws and legal process, and nothing contained in this
Agreement shall waive or impede Greg Zehners right to comply
with law enforcement requests or requirements relating to your use
of this Service or information provided to or gathered by Greg Zehner
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 Greg Zehner with respect to its
subject matter and supersedes all prior writings or understanding.
By agreeing to the terms of service, I confirm that I accept these
terms and conditions as the basis of my use of the wireless internet