WIFI SAT-A-LINK ACCESS SERVICE
AGREEMENT
TERMS AND CONDITIONS
These terms and conditions are incorporated into, and a part
of, the WiF Sat-A-Link Internet Access
Service Agreement (the "Agreement") entered into
by you ("Customer", "You", or "User(s)",)
for You and others
that make use of your the web accessing device and by the WiFi
Sat-A-Link. WiFi Sat-A-Link and You are the Parties
to the Agreement, and are subject to these Terms and Conditions.
WiFi Sat-A-Link owns and maintains a computer and WiFi
communications network (the "WiFi Sat-A-Link"),
which it makes available for use by citizens in the City of
St. Anne and providers of the WiFi Sat-A-Link WiFi service.
1. Acceptance of this Agreement. By signing the Agreement,
by clicking "I Accept" at the end of the electronic
version of the Agreement or by utilizing the WiFi Kankakee,
LLC. WiFi Service, You acknowledge that You
have read and understand this Agreement and You accept the
Agreement (together with all of the policies
attached hereto) and agree to abide by its terms and conditions
as they may be amended by WiFi Sat-A-Link from time to
time, in its sole discretion. If You do not accept the Agreement,
You may not and should not
utilize the WiFi Sat-A-Link WiFi Service. Please take the
time to read the Agreement carefully. The
terms and conditions of the Agreement may be amended by WiFi
Sat-A-Link from time to time,
in its sole discretion, by posting such changes at http://www.wifisat-a-link.com/tandc.html
(the "WiFi Sat-A-Link Internet Site"). Use of
the WiFi Sat-A-Link WiFi Service by You after a change
to these
terms and conditions has been so posted and noticed by WiFi
Sat-A-Link shall constitute
acceptance by You of such changed terms. If You do not wish
to accept such changes, your sole and
exclusive remedy is to refrain from using the WiFi Sat-A-Link
WiFi Service that WiFi Sat-A-Link is providing to You under
this Agreement.
2. The WiFi Sat-A-Link WiFi Service, Installation and Access.
(a) WiFi Sat-A-Link WiFi Service. Subject to and in accordance
with the terms and conditions of the
Agreement, WiFi Sat-A-Link will provide You WiFi service.
The WiFi Sat-A-Link WiFi
Service is a wireless Web browsing service, which services
may be offered by third parties or WiFi Sat-A-Link. Your web
browsing device needs to be equipped with an IEEE 802.11b,
or IEEE 802.11g network interface. WiFi Sat-A-Link may offer
multiple WiFi Sat-A-Link WiFi Service products that consist
of varying features and restrictions, including but not limited
to different speeds or traffic consumption allowances. Product
features and restrictions are subject to change at any time,
with or without notice to You, at WiFi Sat-A-Link's sole discretion.
(b) Premium Content.
(c) Access. You agree that WiFi Sat-A-Link is not liable
for files, data or other information that may be lost on your
computer system during the access process, and You agree to
hold WiFi Sat-A-Link harmless in the event that any file,
data or other information is lost. You understand and agree
that WiFi Sat-A-Link will not restore or reconfigure your
computer system at any time.
(e) Traffic Consumption Allowances. WiFi Sat-A-Link has
the right to monitor, measure and report bandwidth consumption
by You. WiFi Sat-A-Link reserves the right, in its sole
discretion, to establish, modify and/or enforce consumption
allowances at any time now or in the future, with or without
notice to You, and to apply a surcharge for excess usage subsequent
to notice of changes in bandwidth consumption allowances.
3. Support and Maintenance of the WiFi Sat-A-Link WiFi
Service.
WiFi Sat-A-Link may use commercially reasonable efforts
to provide customer support for use of the WiFi Sat-A-Link
WiFi Service solely on the Equipment described in Section 2
of this Agreement. WIFI SAT-A-LINK DOES NOT GUARANTEE THAT
CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT WIFI SAT-A-LINK
WILL MAKE THE WIFI KANKAKEE, LLC. WIFI SERVICE WORK ON YOUR
COMPUTER SYSTEM OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH.
Support may be available on a commercially reasonable basis
via telephone, e-mail or the WiFi Sat-A-Link Internet Site.
Telephone numbers for such customer support are posted on the
WiFi Sat-A-Link Internet Site and are included in the "Contact
WiFi Sat-A-Link" section of this Agreement.
WiFi Sat-A-Link does not undertake to correct or repair,
and shall have no responsibility for, software, hardware or
equipment that it does not supply, and makes no guarantee that
it will be able to fix your software, hardware or equipment
even if supplied by WiFi Sat-A-Link. WiFi Sat-A-Link
will use commercially reasonable efforts, such as network management,
traffic analysis, operational procedures and policies, that
endeavor to provide appropriate bandwidth for as many customers
as possible. YOU UNDERSTAND AND AGREE THAT WIFI SAT-A-LINK
DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH
ON THE WIFI KANKAKEE. LLC. NETWORK OR ANY SPEED OF THROUGHPUT
OF YOUR CONNECTION TO THE WIFI SAT-A-LINK NETWORK WILL
BE AVAILABLE TO YOU. You understand and agree that the speed
of the WiFi Sat-A-Link WiFi Service provided to You will
vary depending upon a number of factors, including your computer
system and associated equipment, Internet traffic and associated
equipment, and other factors. You understand and agree that
the WiFi Sat-A-Link WiFi Service may be temporarily limited,
interrupted or curtailed due to system
capacity limitations; governmental actions; force majeure;
events beyond WiFi Sat-A-Link's control; or temporary equipment
or systems failures or modifications, upgrades, maintenance,
repairs or similar activities required or appropriate in connection
with the delivery or improvement of the WiFi Sat-A-Link
WiFi Service.
4. Integrity of the WiFi Sat-A-Link Network. The WiFi Sat-A-Link
Network, and its various computers, wires, communications devices
and other components are the property of WiFi Sat-A-Link
You understand and acknowledge that the WiFi Sat-A-Link
Network is a shared network. In its sole discretion and with
or without notice to You, WiFi Sat-A-Link reserves the
right to take any action regarding any improper or other use
of the WiFi Sat-A-Link Network needed to prevent or minimize
harm to the WiFi Sat-A-Link Network or prevent or minimize
disruption of the performance of the WiFi Sat-A-Link WiFi
Service for other users. Such action may include, without limitation,
suspension or termination of access by You to the WiFi Sat-A-Link
WiFi Service.
5. Your Obligations.
(a)Responsibility for use. You agree that You are responsible
for the conduct of anyone who uses the WiFi
Sat-A-Link WiFi Service using your computer system and
for ensuring that anyone who does use your WiFi Sat-A-Link
WiFi Service uses it in accordance with the terms and conditions
of this Agreement.
(b) Your Online Conduct and Use of the WiFi Sat-A-Link
WiFi Service. As a condition of this Agreement, You agree to
use the WiFi Sat-A-Link WiFi Service in accordance with
the terms and conditions of this Agreement and the WiFi Sat-A-Link
Internet Acceptable Use Policy (the "Use Policy"),
which is Attachment A to this Agreement and is incorporated
herein by reference. You understand that WiFi Sat-A-Link
has the right to enforce these terms and conditions and the
Use Policy in its sole discretion, as the same may be amended
by WiFi Sat-A-Link from time to time. In the event of a
violation by You, WiFi Sat-A-Link may, singly or in any
combination, issue a warning for the violation, suspend or
terminate your WiFi Sat-A-Link WiFi Service without the
obligation to notify You prior to taking any such actions.
WiFi Sat-A-Link reserves the right, but has no obligation,
to monitor compliance with and investigate violations of this
Agreement and the Use Policy, including but not limited to
monitoring bandwidth, usage and publicly posted content, gathering
information from You and other users, performing audits of
the WiFi Sat-A-Link Network, including scanning equipment
connected to the WiFi Sat-A-Link Network for common security
issues, identifying and categorizing the type of traffic being
sent and received by You, and examining material on WiFi Sat-A-Link's
servers and the WiFi Sat-A-Link Network. You agree that
WiFi Sat-A-Link shall not be liable to You for any of its
actions taken to enforce this Agreement, including the Use
Policy. If You are found to be in violation of the Agreement
or the Use Policy, WiFi Sat-A-Link may, in its sole discretion,
permanently disconnect
your service.
(c) Use by minors . You represent and warrant to WiFi Sat-A-Link
that You are at least eighteen (18) years of age, and You agree
that City WiFi West Palm Beach may rely on that representation.
However, WiFi Sat-A-Link wishes to express additional cautions
in connection with any use of this WiFi Sat-A-Link WiFi
Service that You allow to be made available to minors using
your computer systems, your passwords, name or user names.
You agree that You are responsible for such use, and WiFi Sat-A-Link
strongly recommends that any use of the WiFi Sat-A-Link
WiFi Service by a minor be conducted only under the supervision
of a responsible adult.
(e) Responsibility for security of your credit card and other
information that You provide on the Internet.
From time to time You may decide to access third-party Internet
sites or order products or services from third
parties when You access the Internet. WiFi Sat-A-Link recommends
that You use only secure Internet sites when making your credit
card and any other information about yourself available to
others on the Internet. You agree that You are solely responsible
for the security of your credit card and similar information
from unwanted charges or use. You agree to hold WiFi Sat-A-Link,
its agents and affiliates, harmless in the event that your
credit cards, bank account numbers, social security number,
your identity, or any of your personal information is compromised
or utilized by a third party.
(f) Theft of Service. You understand and agree that WiFi Sat-A-Link
may monitor the WiFi Sat-A-Link Network for any such theft
of service, and if such activity is discovered, WiFi Sat-A-Link
may pursue, in its sole discretion, all available remedies,
including, without limitation, charging for the entire period
of such use, and/or termination of service to You.
(g) Assignment or sharing of WiFi Sat-A-Link WiFi Service.
You agree that You shall not use the WiFi Sat-A-Link WiFi
Service as an Internet service information provider ("ISP").
You agree that You shall not resell, share, give away, redistribute,
sublicense or otherwise distribute the WiFi Sat-A-Link
WiFi Service or any portion thereof to any third party in any
manner without the prior written consent of WiFi Sat-A-Link
For example, but without limitation, You may not provide Internet
access to others through your connection, host shell accounts,
provide e-mail or news services to others, or send or store
a news feed.
(h) Use of a dynamic IP address. You understand and agree that
the WiFi Sat-A-Link WiFi Service is provided using one
(1) dynamically-assigned public IP address for each customer.
You understand and agree that WiFi Sat-A-Link may monitor
the WiFi Sat-A-Link Network for the unauthorized use of
static IP addresses and/or multiple dynamically assigned IP
addresses, and if such activity is discovered, WiFi Sat-A-Link
may pursue, in its sole discretion, all available remedies,
including, without limitation, charging for the entire period
of such use, and/or termination of the WiFi Sat-A-Link
WiFi Service to You.
(i) Local networking. WiFi Sat-A-Link will support the
connection of the WiFi Sat-A-Link WiFi Service to a single
computer. WiFi Sat-A-Link does not support the setup, configurations
and equipment maintenance of devices, including multifunction
devices, that may contain a switch, router, firewall, etc.,
that allow for the connection of multiple computers. You agree
that You shall not operate a server of any type that provides
services to other users, or for your own use over the WiFi
Sat-A-Link WiFi Service. You understand and agree that
WiFi Sat-A-Link has the right to monitor the WiFi Sat-A-Link
Network and, to the extent necessary, your computer system
to ensure that You are not providing any services via your
connection. You understand and agree that WiFi Sat-A-Link
has the right to take any measures it deems necessary in its
sole discretion to prevent the use of the WiFi Sat-A-Link
WiFi Internet Service for uses other than those prescribed
in this Agreement.
6. Your Warranties, Representations and Indemnifications.
(a) Warranties and Representations. You warrant and represent
that: You are at least eighteen (18) years of
age; You will use the WiFi Sat-A-Link WiFi Service only
in accordance with this Agreement; You will
take reasonable measures to protect your personal information
and restrict the use of the WiFi Sat-A-Link WiFi Internet
Service only to those only with your expressed consent.
(b) Indemnification. You agree to indemnify and hold harmless
WiFi Sat-A-Link (its affiliates, subsidiaries, shareholders,
officers, directors, employees, contractors, agents, Premium
Content Providers and their representatives) (together "WiFi
Sat-A-Link Indemnified Entities") against any cost,
claim, liability or expense any of the WiFi Sat-A-Link
Indemnified Entities incurs as a result of or arising out of
or related in any way to your use of the WiFi Sat-A-Link
WiFi Service. In the event of any claim, which, if true, would
be subject to indemnification hereunder, WiFi Sat-A-Link
or the affected WiFi Sat-A-Link Indemnified Parties shall
notify You and You agree to cooperate in their defense at your
sole cost. As part of your indemnification obligations, You
agree to reimburse WiFi Sat-A-Link for any costs it incurs
that, directly or indirectly, arise or result from WiFi Sat-A-Link's
provision of the WiFi Sat-A-Link WiFi Service to You and
your use of the WiFi Sat-A-Link WiFi Service, including
but not limited to, complaint fees or investigation expenses
incurred by, or charged by any third party to, WiFi Sat-A-Link.
7. Equipment Ownership.
You understand and agree that other than your laptop, palm
device, and/or 802.11X interface card all equipment is
the property of City WiFi West Palm Beach. You agree that You
will use reasonable care to avoid damaging the
Equipment, and agree not to alter, modify, sell, license, lease,
assign, encumber, relocate, move or tamper with it.
You agree that WiFi Sat-A-Link has the right to monitor,
secure, upgrade or downgrade the
Equipment.
8. Privacy and Personal Information. You agree to accept the
conditions set forth in WiFi Sat-A-Link's Privacy Policy,
which is Attachment B to this Agreement and is incorporated
herein by reference. The WiFi Sat-A-Link Privacy Policy
sets forth the manner in which WiFi Sat-A-Link is authorized
to utilize information about You.
9. Disclaimers and Limitation of WiFi Sat-A-Link's Liability.
(a) YOU UNDERSTAND AND AGREE THAT THE WIFI SAT-A-LINK WIFI
SERVICE AND EQUIPMENT PROVIDED BY WIFI SAT-A-LINK ARE NOT
GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE OR ALWAYS
AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY. YOU UNDERSTAND
AND AGREE THAT THE USE OF THE WIFI SAT-A-LINK WIFI SERVICE,
THE INTERNET, AND ANY SOFTWARE OR EQUIPMENT PROVIDED BY WIFI
SAT-A-LINK IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE
THAT ANY AND ALL WIFI SAT-A-LINK SERVICES AND PRODUCTS
ARE PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN WARRANTIES
THAT CANNOT LEGALLY BE EXCLUDED.
WIFI SAT-A-LINK MAKES NO WARRANTY THAT THE WIFI SAT-A-LINK
WIFI SERVICE WILL WORK ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND
AND AGREE THAT WIFI KANKAKEE, LLC. HAS NO RESPONSIBILITY FOR
DAMAGE OR DESTRUCTION TO YOUR COMPUTER SYSTEM, OR THE DATA,
FILES OR INFORMATION STORED ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND
AND AGREE THAT WIFI SAT-A-LINK HAS NO RESPONSIBILITY FOR
ANY THIRD-PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER
MATERIAL THAT YOU MAY USE OR ACCESS USING THE WIFI SAT-A-LINK
WIFI SERVICE. YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE WIFI SAT-A-LINK WIFI SERVICE OR ON
THE INTERNET.
10. Unauthorized Access, Viruses and Spyware, and Third-Party
Services, Products and Content.
(a) Unauthorized Access. The WiFi Sat-A-Link Network is
a shared network and is used by many users to access a variety
of services. Neither the WiFi Sat-A-Link Network nor the
Internet provides security against unauthorized access. Others
may access or monitor your activity and conduct while You are
using the WiFi Sat-A-Link WiFi Service. WiFi Sat-A-Link is
not responsible for any unauthorized access to the data, files,
transmissions, communications sent to or from You or for unauthorized
access to your computer. WiFi Sat-A-Link does not warrant
any security system it may employ, either hardware or software,
for the purpose of preventing unauthorized access to your computer.
Any security systems employed by WiFi Sat-A-Link maintain
only a minimal level of protection. WiFi Sat-A-Link is
not responsible for damages resulting from the use of any such
security system. You understand and agree that You are solely
responsible for the security of any computer or other device(s)
with which You connect to the WiFi Sat-A-Link WiFi Service,
and any data, programs or information stored on such devices.
You are responsible for taking measures to ensure the security
of your computer system(s) to prevent unauthorized
access to it by others
(b) Viruses and Spyware. You understand and agree that WiFi
Sat-A-Link is not responsible for any Virus or spyware
that gains access to your computer over the WiFi Sat-A-Link
Network or any damage resulting therefrom. You are solely responsible
for taking measures to prevent infection of your computer from
Viruses and spyware, including installing and maintaining up-to-date
anti-virus and anti-spyware software on your computer. In the
event that your computer becomes infected with any Virus that,
in WiFi Sat-A-Link's sole discretion, may harm the WiFi
Sat-A-Link Network or disrupt the performance of WiFi Sat-A-Link
WiFi Service for other users, WiFi Sat-A-Link may immediately
suspend or terminate access by You to the WiFi Sat-A-Link
Network with or without notice to You.
(c) You understand and acknowledge that some third party services
may contain material that may be deemed to
be profane, indecent, disturbing, abusive, or offensive and
may contain other material You may find problematic.
YOU UNDERSTAND AND AGREE THAT NEITHER WIFI SAT-A-LINK NOR
SPONSORS ARE RESPONSIBLE FOR ANY SUCH CONTENT.
(d) Third-party services, products and content provided by
others. You understand and agree that while WiFi Sat-A-Link
supplies access to the Internet, it is not responsible for
the services or products offered by others on the Internet,
nor is WiFi Sat-A-Link the publisher of any information
on the Internet that is provided by others, including, without
limitation, other users on bulletin boards, in chat rooms and
similar venues.
WiFi Sat-A-Link makes no commitment to review, monitor
or filter and does not endorse or otherwise
vouch for any service, product, information, programs, data,
or content sent, accessed, offered or advertised over
the Internet or otherwise made available to You by any individual,
information provider, or on-line service or content
provider (other than WiFi Sat-A-Link). Such content may
include profane, obscene, indecent, disturbing, illegal, abusive,
infringing, offensive or other material You may find problematic.
YOU UNDERSTAND AND AGREE THAT WIFI SAT-A-LINK IS NOT RESPONSIBLE
FOR ANY SUCH CONTENT.
11. Contact WiFi Sat-A-Link.
(a) General Information. If You have a question or need general
information about WiFi Sat-A-Link
or its services, please contact WiFi Sat-A-Link at http://www.wifisat-a-link.com
(b) Customer Support and Service. For customer service and
support, please contact WiFi Sat-A-Link at http://wifisat-a-link.com/support.html.
12. Pricing Information. Current rates for WiFi Sat-A-Link
WiFi Service is $20.00 per month for unlimited access to our
service. WiFi Sat-A-Link reserves the right to change
or add fees, surcharges or monthly charges at any time upon
thirty (30) days prior notice.
13. Term and Termination.
(a) Termination by WiFi Sat-A-Link In its sole discretion,
WiFi Sat-A-Link reserves to itself all rights it has under
federal, state and local laws, to suspend or terminate this
Agreement and to disconnect the WiFi Sat-A-Link. Users who
do not authenticate within a 60 day period will be removed
from the system and will have to re-register.WiFi Service,
in whole or in part, at any time, with or without cause and
with no obligation of prior notice to You. WiFi Sat-A-Link
reserves to itself the right to pursue all legal remedies available
to it, in its sole discretion.
(b) Your files.
14. Governing Law. This Agreement shall be governed by the
laws of the United States of America and the State
of Illinois.
15. Disputes. If You have a complaint regarding any aspect
of your WiFi Sat-A-Link WiFi Service, WiFi Sat-A-Link
encourages You to first contact WiFi Sat-A-Link's Customer
Service Department at http://www.wifisat-a-link.com/support.html
16. Miscellaneous.
(a) Entire Agreement. This Agreement is your entire agreement
with WiFi Sat-A-Link and is not intended to confer and
does not confer any rights or remedies upon any person or entity
other than the Parties to this Agreement and the WiFi Sat-A-Link
Indemnified Parties. If any part of this Agreement is held
invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the Parties and the
remaining portions shall remain in full force and effect. This
Agreement sets forth the entire understanding and agreement
of the Parties concerning the subject matter hereof and supersedes
all prior or contemporaneous understandings or agreements related
thereto.
(b) Assignment. This Agreement and your rights and obligations
under this Agreement may not be assigned by
You in whole or in part without WiFi Sat-A-Link's prior
written consent.
(c) Limitation of Information. WIFI SAT-A-LINK SHALL HAVE
NO OBLIGATION TO MAKE ANY SPECIFIC INFORMATION, DATA, SERVICE,
PROGRAMS, NEWSGROUPS OR OTHER MATERIAL AVAILABLE THROUGH THE
WiFi SAT-A-LINK WIFI SERVICE AND MAY BLOCK ANY SUCH MATERIAL
IN ITS SOLE DISCRETION.
(d) Use Policy and Privacy Policy. WiFi Sat-A-Link's Use
Policy and WiFi Sat-A-Link's Privacy Policy are integral
parts of this Agreement and are incorporated herein.
(e) WiFi Sat-A-Link's Remedies and Waiver. Wherever a remedy
is expressly provided to WiFi Sat-A-Link hereunder, such
remedy is intended to add rather than to restrict all of WiFi
Sat-A-Link's remedies in law and equity. In the event of
a breach of this Agreement by You, WiFi Sat-A-Link reserves
to itself the right to pursue all legal remedies available
to it against You, in its sole discretion. If WiFi Sat-A-Link
fails, at any time, to enforce any right or remedy available
to it under this Agreement, such failure shall not be construed
to be a waiver of WiFi Sat-A-Link's rights or remedies.
Any waiver ofWiFi Sat-A-Link's legal right shall be effective
only if expressly agreed to in writing by WiFi Sat-A-Link
(f) Force Majeure. WiFi Sat-A-Link shall be excused from
performance hereunder, and shall not be liable for damages
or otherwise, if and to the extent that WiFi Sat-A-Link
is unable to perform due to any act, event, cause or condition
that is beyond its reasonable control, including but not limited
to accidents, acts of God, acts of any government, failure
of third-party communications networks, war, terrorist activity,
industrial or labor disputes, fire, flood, explosion, civil
disorder, power failure, equipment failure, acts of civil or
military authorities, theft, vandalism, misuse, insurrection,
inability to obtain the necessary supplies, and the like. WiFi
Sat-A-Link will not notify You of the occurrence of any
such event.
Attachment A
WiFi Sat-A-Link Acceptable Use Policy
In utilizing the WiFi Sat-A-Link WiFi Service, you ("You")
hereby agree to comply with the terms and conditions of the
WiFi Sat-A-Link WiFi Internet Access Service Agreement
(the "Agreement"), including its terms and conditions,
this WiFi Sat-A-Link Internet Acceptable Use Policy (the "Use
Policy"), and other attachments to the Agreement, as they
may be modified from time to time by WiFi Sat-A-Link, in
its sole discretion. In the event of any inconsistency or conflict
between this Use Policy and the Agreement, the provisions of
this Use Policy shall govern. You agree that the Use Policy
governs to your conduct, as well as the conduct of members
of your household and any other persons who You or members
of your household authorize to use the WiFi Sat-A-Link
WiFi Service ("Users").
1. General.
This Use Policy is intended to help enhance the use of the
Internet generally, and the WiFi Sat-A-Link Network specifically,
by preventing unacceptable uses thereof. WiFi Sat-A-Link
supports the free flow of information and ideas over the Internet
and WiFi Sat-A-Link does not exercise editorial control
over the content of any website, e-mail, instant messages,
news group, or other material created or accessible over or
through the WiFi Sat-A-Link WiFi Service, except for certain
proprietary websites. However, in accordance with the Agreement,
WiFi Sat-A-Link may remove any materials that, in WiFiSat-A-Link's
sole discretion, it believes may be illegal, may subject WiFi
Sat-A-Link to liability or may violate this Use Policy.
WiFi Sat-A-Link may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged
crime or civil wrong.
Any violation of this Use Policy by You may result in the suspension
or termination of the WiFi Sat-A-Link WiFi Service to You.
2. Generally Prohibited Conduct.
You agree not to use, or allow Users to use, the WiFi Sat-A-Link
WiFi Service, the WiFi Sat-A-Link Network, the Equipment:
(a) for any activity that violates any international, federal,
state, agency, or local law or regulation or any person's rights,
including, without limitation, by posting or transmitting child
pornography or obscene material, by exporting software or technical
information in violation of U.S. export control laws, or by
accessing, using, copying, modifying, transmitting or downloading
material in violation of the U.S. Copyright laws;
(b) for any fraudulent activity, including, without limitation,
making fraudulent offers to sell or buy products or services,
or advancing any type of financial scam, including but not
limited to "pyramid schemes" or "Ponzi schemes";
(c) to post or transmit any information or material that: infringes
any person's copyright, trademark, trade secret, patent or
other proprietary rights; is defamatory, libelous, offensive,
threatening, abusive, pornographic, sexually explicit, profane,
or otherwise is unacceptable or inappropriate in WiFi Sat-A-Link's
sole discretion; constitutes or encourages conduct that constitutes
a criminal offense, gives rise to civil liability or otherwise
violates the law; contains a Virus or other harmful component;
or is false;
(d) to achieve or attempt to achieve, or assist others in achieving
or attempting to achieve, any unauthorized access to any computer,
cable or telecommunications system, network, software, data,
information, or any other proprietary material, or to breach
or attempt to breach the security of another user, or to distribute
or use tools designed to compromise the security of any system
or network. This includes port scanning, port probes, and direct
connection attempts to a service or system not owned, controlled
or expressly permitted to be accessed by You;
(e) to improperly interfere with, inhibit, degrade or restrict
the use and operation of the WiFi Sat-A-Link WiFi Service
by others or WiFi Sat-A-Link's ability to deliver the WiFi
Kankakee, LLC. WiFi Service to users and to monitor the WiFi
Sat-A-Link Network, including, without limitation, by:
(i) sending excessive data transfers that exceed consumption
limits that are now in place or may be
established in the future for the package or tier of service
to which You subscribe;
(ii) interrupting or interfering with the equipment, access,
servers or WiFi Sat-A-Link WiFi
Service used by other users;
(iii) disrupting the WiFi Sat-A-Link Network;
(iv) failing to comply with any bandwidth, data storage, IP
address or other use limitations imposed on your
use of the WiFi Sat-A-Link WiFi Service;
(v) transmitting or disseminating any virus or feature harmful
to the operation of any system, equipment,
service or software;
(f) to send to a minor or obtain for any minor, or obtain access
for any minor to, any material that is harmful to
minors;
(g) to run a server of any type in connection with the WiFi
Sat-A-Link WiFi Service, or to provide network or host
services to others via the WiFi Sat-A-Link Network. Prohibited
uses include, without limitation, running servers for PPP,
FTP, HTTP, DNS, POP, SMTP, NNTP, Proxy (any variety), DHCP,
IRC, TELNET, TFTP, SNMP and multi-user interactive forums,
and remapping of ports for the purpose of operating a server
on the WiFi Sat-A-Link Network;
(h) to allow, enable, aid or assist, through action or inaction,
directly or indirectly, any third party to use your computer
system, the WiFi Sat-A-Link WiFi Service or the WiFi Sat-A-Link
Network for illegal actions, actions that violate the Agreement
and/or the Use Policy, or other actions deemed unacceptable
or inappropriate in WiFi Sat-A-Link's sole discretion,
including but not limited to sending, forwarding or relaying
unsolicited commercial email or bulk e-mail;
(i) to permit your computer system, through action or inaction,
directly or indirectly, to be configured in such a way that
gives a third party the capability to use the WiFi Sat-A-Link
WiFi Service and/or the WiFi Sat-A-Link Beach Network for
illegal actions, actions that violate the Agreement and/or
the Use Policy, or other actions deemed unacceptable or inappropriate
in WiFi Sat-A-Link's sole discretion, including but not
limited to sending, forwarding or relaying unsolicited commercial
e-mail or bulk e-mail; or
3. Use of E-Mail.
You agree not to use, or allow Users to use, the WiFi Sat-A-Link
WiFi Service, the WiFi Sat-A-Link Network, the Equipment
or any Software:
(a) to send bulk e-mail, whether of a personal or commercial
nature, including, without limitation, bulk mailings of commercial
advertising, informational announcements, charity requests,
political or religious messages, and petitions for signatures,
other than to those who have requested such e-mails via a confirmed
opt-in subscription process maintained by You;
(b) to send e-mail or other messages to someone who has indicated
that he or she does not want to receive messages from You;
(c) to collect or receive responses from unsolicited e-mail
messages (even if such e -mail was sent from accounts
on other Internet service providers or e-mail services) that
violate the Agreement or this Use Policy or the terms of
use under the other Internet service provider or email service
from which it was sent;
(d) to conduct "mail bombings" (i.e., to send more
than ten copies of the same or substantially similar message,
or
very large messages or files, with the intent of disrupting
a server or account);
(e) to send or forward chain letters (whether or not the recipient
requests it);
(f) to harvest e-mail addresses or personal information of
other WiFi Kankakee, LLC. users or the users of any other network;
(g) to use any WiFi Sat-A-Link WiFi Internet Service subscriber's
computer as a mail relay or another Internet site's server
to relay mail without the express permission of the owner of
that Internet site;
(h) to reveal to others your e-mail password or your user name
or reveal the e-mail password or user name of other users of
the WiFi Sat-A-Link WiFi Service;
(i) to forge, alter or remove any e-mail header; or
(j) to send e-mail that does not originate from the WiFi Sat-A-Link
Network but attempts to direct recipients via a link or otherwise
to an Internet site on the WiFi Sat-A-Link Network.
You understand and acknowledge that use of the WiFi Sat-A-Link
Network in connection with the transmission of unsolicited
commercial e-mail or bulk e-mail, including the transmission
of counterfeit e-mail, may result in civil and/or criminal
penalties against the sender, including those provided by the
Controlling the Assault of Non-Solicited Pornography and Marketing
("CAN-SPAM") Act of 2003 (15 U.S.C. § 7701
et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030
et seq.), the Lanham Act (15 U.S.C. § 1125), the
Racketeer Influenced and Corrupt Organizations statute (18
U.S.C.§ 1961 et seq.), state trespass laws, and
other state and federal criminal and/or civil laws.
4. Use of Newsgroups or Channels.
When using the WiFi Sat-A-Link WiFi Service, the Equipment
or the Software and using a Newsgroup, Channel or other public
bulletin board ("Newsgroup"), You agree not to, or
allow Users to:
(a) post messages that do not comply with or are not permitted
by the Newsgroup's terms of use, written charters, FAQ or similar
instructions or guidelines ("Newsgroup Guidelines"),
or that otherwise violate the Newsgroup Guidelines;
(b) post or cross -post the same or substantially similar messages
to more than eight (8) Newsgroups;
(c) forge, alter or remove header information;
(d) circumvent the approval process for posting to a moderated
Newsgroup;
(e) "flood", "newsbomb" or disrupt users
of Newsgroups by posting a large number of messages to a Newsgroup
with the intent to hinder normal discussion, cancel messages
of others (except as an authorized moderator), or send excessive
quantities of data to a Newsgroup;
(f) post binary files to Newsgroups that do not expressly permit
them; or
(g) download any Newsgroup in bulk. (WiFi Sat-A-Link's
Usenet news service included with your account is provided
for interactive use by the subscriber using a commonly available
NNTP program such as Microsoft Outlook Express. Non-interactive
clients must not download Usenet articles in bulk.)
5. Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion
Groups and Similar Interactive Programs.
When You or Users participate in chat rooms, bulletin boards,
discussion groups or other interactive sections of the Internet
("Chat Rooms"), You agree not to, or allow Users
to:
(a) participate in Chat Rooms from which You or Users have
been banned, or in a manner that violates the applicable acceptable
use policy for that server or Chat Room;
(b) flood or scroll such Chat Rooms (sending messages or material
in quick succession with the intent to disrupt use of such
Chat Rooms by others);
(c) use "bots" or "clones" on computers
or other devices when using the WiFi Sat-A-Link WiFi Service
(for example, You or Users may not participate in Chat Rooms
using an automated program unless You or Users are actually
physically present at your computer);
(d) manipulate any Chat Room server to harass or disconnect
other Internet users or to gain privileges to which You (or
Users) are not entitled;
(e) send Chat Room messages to recipients who have indicated
their desire not to receive such messages; or
(f) forge, alter or hide your identity (other than by using
a nickname from which WiFi Kankakee, LLC. may, if necessary,
determine your real name).
6. Criminal or Civil Liability.
Violations of this Use Policy may result in criminal or civil
liability or both. WiFi Sat-A-Link will investigate incidents
involving violations of this Use Policy and will cooperate
with law enforcement agencies if a criminal violation is suspected.
Indirect or attempted violations of this Use Policy, and actual
or attempted violations by a third party on behalf of an WiFi
Sat-A-Link subscriber or a subscriber's end user, shall
be considered violations of this Use Policy by such subscriber
or end user.
7. Other Service Providers' Acceptable Use Policies.
WiFi Sat-A-Link obtains services from and relies upon many
other entities to provide the WiFi Sat-A-Link WiFi Internet
Access Service to You. WiFi Sat-A-Link must strictly comply
with the rules of all other entities that You may access through
the use of the WiFi Sat-A-Link WiFi Internet Access Service.
In such instances where those entities' polices are more restrictive
than the Agreement or WiFi Sat-A-Link's Use Policy, WiFi
Sat-A-Link will communicate those restrictions to You and
revise the Agreement or Use Policy or both, accordingly. Therefore,
You agree to and shall abide by the acceptable use policies
of such other entities.
8. Personal Use of the Web.
(a) Infringement with Intellectual Property Rights.
If You use material that is subject to another party's intellectual
property rights, You must obtain authorization from that party
prior to using such materials. By using the Personal Web Space,
You represent and warrant that You are the author and copyright
owner and/or authorized licensee with respect to any hosted
content and You further represent and warrant that no hosted
content violates the trademark, copyright, domain name or intellectual
property rights of any third party. WiFi Sat-A-Link reserves
the right to suspend or terminate your account if, in WiFi
Sat-A-Link's sole discretion, You violate this Use Agreement
or any law or regulation, e.g., the Digital Millennium Copyright
Act of 1998, or a court order.
(b) Other Activities.
Whether lawful or unlawful, WiFi Sat-A-Link reserves the
right to determine what is harmful to its customers, operations
or reputation, including any activities that restrict or inhibit
any other user from using and enjoying the WiFi Sat-A-Link
WiFi Service or the Internet. WiFi Sat-A-Link reserves
the right, in its sole discretion, to disconnect service immediately
upon detection of activities deemed harmful to the WiFi Sat-A-Link
Network or WiFi Sat-A-Link's customers, affiliates or agents.
Attachment B
WIFI SAT-A-LINK WIFI SERVICE PRIVACY POLICY AND PRIVACY
NOTICE
1. Commitment to Confidentiality
WiFi Sat-A-Link ("We") strives to honor the confidentiality
of its customers. We want You to have confidence in your use
of the Internet. This WiFi Sat-A-Link Privacy Policy and
WiFi Sat-A-Link. WiFi Service Internet Access Privacy Notice
("Privacy Policy") is designed to explain our commitment
to your privacy and our monitoring activities. Independent
contractors and agents of WiFi Sat-A-Link that are acting
on behalf of WiFi Sat-A-Link in providing the WiFi Sat-A-Link
WiFi Service are also bound by this Privacy Policy.
2. Customer Surveys
From time to time, WiFi Sat-A-Link may take customer surveys.
We may contact You as part of a customer survey. Participation
in customer surveys is purely voluntary, but we welcome and
encourage You to respond to these surveys. Personal information
gained in these responses will be held in confidence.
3. Right To Monitor Communications and Disclose Information
It is generally WiFi Sat-A-Link's policy not to share personal
information about You. However, WiFi Sat-A-Link has the
right to monitor the WiFi Sat-A-Link WiFi Service. In addition,
WiFi Sat-A-Link may disclose personal information about
You and/or your account at its sole discretion under the circumstances
described below. You expressly grant WiFi Sat-A-Link permission
to disclose personal information in response to, among others:
(a) an administrative, grand jury or trial subpoena; (b) a
civil investigative demand issued by a government entity; or
(c) a Federal or State search warrant or court order:
(a) Mandatory Disclosure to Government Entities
Under the USA PATRIOT Act of 2001 ("Patriot Act"),
a governmental entity may require us to disclose certain information
concerning your Internet service(s) without advance notice
to You. If we receive a subpoena, we may be required to disclose
to the government the following records: your name and address;
records of your Internet sessions (including session times
and duration); how long You have subscribed to our service(s)
(including start date and the type(s) of service(s) utilized;
your telephone number or other subscriber account identifying
number(s), including any Internet or network address(es) assigned
to You by our network; and the means and source of your payment(s)
(including any credit card or bank account number)). In addition,
if we receive a Federal or State search warrant or court order,
we may be required to disclose to law enforcement agencies
the content of, and other records relating to, e-mail messages
(including attachments to e-mail messages and records relating
to your e-mail and Internet use), without advance notice to
You.
Please also note that law enforcement agencies may, by Federal
or State court order, and without notice to You, obtain the
right to install a device that monitors your Internet and e-mail
use.
(b) Voluntary Disclosure to Government Entities
The Patriot Act also allows WiFi Sat-A-Link to voluntarily
disclose certain information to law enforcement agencies and
governmental entities in circumstances of immediate danger.
If we reasonably believe that an emergency involving immediate
danger of death or serious physical injury to any person requires
disclosure of the information without delay, where permitted
by law, we may voluntarily disclose to law enforcement agencies,
without advance notice to You, the contents of your cable Internet
subscriber communications. The Patriot Act, under certain conditions,
also allows the government, at our request, to intercept the
communications of a computer trespasser, without obtaining
a court order or search warrant. Finally, we also may disclose
to law enforcement agencies the contents of your Internet communications
that were inadvertently obtained and appear to pertain to the
commission of crime. These new procedures set forth in the
Patriot Act do not apply to records revealing your selection
of video programming. As before, a governmental entity may
obtain records revealing your selection of video programming
only if it offers clear and convincing evidence to a court
that such records are material to a criminal case and if You
are given the opportunity to appear to contest the evidence.
(c) Other Disclosures
WiFi Sat-A-Link may also disclose personal information
about You and/or your usage at its sole discretion in order
to comply with the Digital Millennium Copyright Act or any
other laws, to enforce the Use Policy, to protect the integrity
of the WiFi Sat-A-Link Network, or to protect our customers.
In such circumstances, WiFi Sat-A-Link may disclose your
personal information to private individuals or to government
entities.
5. Collection and Use of Technical Information
When You use interactive WiFi Internet services, WiFi Sat-A-Link
may gathers technical data about your use of the WiFi Sat-A-Link
WiFi Service. We use the technical information to understand
customer interests, to enhance the value of the WiFi Sat-A-Link
WiFi Service and to customize the WiFi Sat-A-Link WiFi
Service based upon customer interests.
6. Third Parties
Some third parties might acquire information about You when
You use or visit their websites or services via the WiFi Sat-A-Link
WiFi Service. WiFi Sat-A-Link does not undertake to monitor,
and may not be capable of monitoring, the collection, use or
disclosure of such information.
7. Communications regarding this Privacy Policy
If You have any questions concerning this Privacy Policy, You
may contact http://www.wifisat-a-link.com/support.html.
10. Revisions to the Privacy Policy
WiFi Sat-A-Link reserves the right to update or modify
this Privacy Policy at any time. Modifications to this Privacy
Policy may be given by posting such changes to WiFi Sat-A-Link's
websites at http://www.wifisat-a-link.com, by e-mail, or by
postal mail.
Important Information for Wireless
Products
It is your responsibility to secure
your wireless networking connection. Keep the following
points in mind whenever
setting up or using your wireless network.
1. Performance.
The actual performance of your wireless network depends on
a number of factors, including:
• In an Infrastructure environment, your distance from the access point.
As you get farther away, the transmission speed will decrease.
• Structural interference. The shape of your building or structure, the
type of construction, and the building materials used may have an adverse impact
on signal quality and speed.
• The placement and orientation of the wireless devices.
2. Interference.
Any device operating in the 2.4 GHz spectrum may cause network
interference with an 802.11b wireless device. Some devices
that may prove troublesome include 2.4 GHz
WiFi SAT-A-LINK WIFI INTERNET
ACCESS SERVICE AGREEMENT
This
WiFi Sat-A-Link WiFi Internet Access Service
Agreement, including the attached Terms and Conditions
and other attachments hereto (the "Agreement"), sets forth the terms
and conditions under which WiFi Sat-A-Link
("WiFi Sat-A-Link") will provide
WiFi Internet Access Service to you. This Agreement
is entered by you (“Customer”, “You”,
or “User”) for You and members of your
household and by WiFi Sat-A-Link for itself
and its subsidiaries and affiliates that provide
the WiFi Internet Access Service (the "WiFi
Sat-A-Link WiFi Service").
The attached Agreement Terms and Conditions, and other attachments
hereto, which are incorporated herein,
explain important details concerning the WiFi Sat-A-Link
WiFi Service provided by WiFi Sat-A-Link and your obligations
in order to obtain and keep WiFi Sat-A-Link WiFi Service.
The following topics, among others, are explained in the attached
Agreement Terms and Conditions and other attachments:
• WiFi Sat-A-Link may amend this Agreement, including the attached Terms
and Conditions and other attachments hereto, at any time by posting revisions
on the WiFi Sat-A-Link Internet Site.
• WiFi Sat-A-Link does not guarantee the availability of any particular
bandwidth or feasibility of use of WiFi Sat-A-Link WiFi Service for a particular
purpose.
• You may not use WiFi Sat-A-Link WiFi Service to operate a customer-based
server of any type.
• You are responsible for the security of your own computer system.
• WiFi Sat-A-Link is not responsible for any bugs, viruses, Trojan Horses,
worms, spyware or other damaging software You encounter when You access the Internet
using WiFi Sat-A-Link WiFi Service.
• Any equipment supplied by WiFi Sat-A-Link under this Agreement is
the property of WiFi Sat-A-Link
• You agree to indemnify and hold harmless WiFi Sat-A-Link against any
cost, claim, liability or expense arising from or related to your use of WiFi
Sat-A-Link WiFi Service.
• You have certain protections under U.S. law as outlined in WiFi Sat-A-Link's
Privacy Policy.
• Illinois State law governs the attached Agreement.
• You agree to binding arbitration to settle any dispute that You have with
respect to the WiFi Sat-A-Link WiFi Service or this Agreement.
By entering the http://www.wifisat-a-link.com website and
using the “WiFi Sat-A-Link”, you acknowledge
that you
have read, fully understand, and agree to this Agreement, including
the attached and incorporated Terms and Conditions and other
attachments hereto.