Town of Webster
Public WiFi Acceptable Use Policy and Wireless Access Terms of Service
Our goal is to provide residents and guests alike with a service that provides an enjoyable on-line experiences. Please keep the following considerations in mind:
Environmental and weather conditions may at times affect on-line service capability
There may be some Wi-Fi bare spots throughout the designated coverage areas
You are allowed a reasonable but limited amount of bandwidth, so please refrain from downloading large files
There may be unexpected down time due to maintenance, hardware failures, ISP issues, etc.
Please read and agree to the Terms of Service below to continue. If you do not agree to these terms you will not be granted access to the Town of Webster Public Wireless Network.
Access to the service
The service is a free service provided by the Town of Webster for residents and visitors alike. Your access to the service is completely at the discretion of the Town of Webster, and your access to the service may be blocked, suspended, or terminated at any time for any reason.
Acceptable Use of the Service
Your access to the service is via a revocable license provided by the Town of Webster. This licenses is conditioned on legal and appropriate use of the service. 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 the Town of Webster, or any third party.
The use of the Service for the following activities is prohibited, but not limited to:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet or activities that invade another person'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.
Defamatory or Abusive Language
Using the service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language.
Accessing illegally, without authorization, or attempting to penetrate security measures of another system, computers, accounts, equipment or networks belonging to another party. This includes the Town of Webster’s non-public networks, equipment, accounts, etc. 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, mail bombing, or denial of service attacks.
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, mail bombing, 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.
Obscene or Indecent Speech or Materials
Using the service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Certain content or web sites may be filtered or unavailable at the discretion of the Town of Webster.
Other Illegal Activities
Using the service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating or inappropriately distributing copy written material, or making fraudulent offers to sell or buy products, items, or services. The Town of Webster will notify and fully cooperate with law enforcement if it becomes aware of any use of the service in any connection with any illegal activity.
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.
You acknowledge ( i) that the service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the service; (iii) that the Town of Webster 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 the Town of Webster’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. 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 THE TOWN OF WEBSTER, 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.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL THE TOWN OF WEBSTER BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (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.
You agree to indemnify and hold harmless the Town of Webster 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 the Town of Webster may assert under this Agreement or by law.
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. The Town of Webster's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Town of Webster's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Town of Webster 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 the Town of Webster with respect to its subject matter and supersedes all prior writings or understanding.
Notice and Governing Law
The Town of Webster requests that anyone who believes that there is a violation of the Acceptable Use Policy direct the information to:
Town of Webster I.T. Department
1000 Ridge Rd.
Webster NY, 14580