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BOONIES RESTAURANT WI-FI
SYSTEM USER AGREEMENT
Please read the following
information carefully before using this service
Welcome to the wireless
high-speed Intranet and Internet access system (“Wi-Fi System”)
at Boonies Restaurant and Lounge. This agreement (“Agreement”)
governs your rights and responsibilities and our rights and
responsibilities relating to the use of the Wi-Fi System at
Boonies Restaurant and Lounge (the “Facilities”).
Acceptance of Agreement by Use
BY YOUR USE OF THE FACILITIES,
YOU REPRESENT that:
1. YOU HAVE READ, UNDERSTAND
AND AGREE TO THE TERMS OF THIS AGREEMENT
2. YOU ARE AT LEAST 18 YEARS
OF AGE.
If you do not agree to the terms
of this Agreement, you may not use the Wi-Fi System. Your use
of the facilities has the same effect as if you had actually
signed the Agreement. The effective date of this Agreement is
the date that you first used the facilities.
Description of Wi-Fi
System/Service Availability
Provider may provide access to
the Wi-Fi System at locations (“Enabled Locations”) that have
been equipped with wireless access points. Access points or
Enabled Locations may not be available in all areas of the
Facilities, and may not always be operational. Provider will
provide you with the following technical support services by
calling the number located on the support/FAQ’s page or posted
at the Enabled
Fee for Wi-Fi System
Use of the Wi-Fi System is
free. The Intranet website portion of the Wi-Fi System
contains certain limited informational and entertainment content
provided by Provider or third parties that have licensed content
to Provider. Provider may provide links on the Web site to
other Web sites that are not under our control. These links are
provided for convenience only and are not intended as an
endorsement by Provider of the organization or individual
operating the Web site or a warranty of any type regarding the
Web site or the content on the Web site. Provider reserves the
right to change prices and institute new fees at any time.
Access to Internet Content
Provider does not screen or
restrict access to any content placed on or accessible through
the Internet. Provider also does not screen or restrict
communications between parties via the Internet. You acknowledge
that if you access the Internet you may receive or be exposed to
content, goods or services which you consider to be improper,
inaccurate, misleading, defamatory, obscene or otherwise
offensive. You agree that Provider is not liable for any action
or inaction with respect to any such content on the Internet
accessible through the Wi-Fi System. In addition, Provider is
not responsible for any content provided by third parties or
licensed to Provider for inclusion within the Intranet portion
of the Wi-Fi System.
Your Responsibilities
You must (1) provide all
equipment (including computer hardware and software, personal
digital assistants, wireless network cards, etc.) to connect to
the Wi-Fi System, and (2) comply with local, state, federal and
international laws and regulations, including but not limited to
copyright and intellectual property rights laws. You agree to
be responsible for and to bear all risk and consequences for (1)
the accuracy, completeness, reliability and/or usefulness of any
content available through the Wi-Fi System and (2) all
communications that you send or receive via the Wi-Fi System.
Provider does not undertake the security of any data you send
through the Wi-Fi System and it is your responsibility to secure
such data.
Acceptable Use Policy
All users of the Wi-Fi System
must comply with this Acceptable Use Policy (AUP). This AUP is
intended to improve the use of the Internet by preventing
unacceptable uses. Provider does not actively monitor the use
of the Wi-Fi System under normal circumstances. Similarly we do
not exercise editorial control or review over the content of any
Web site, electronic mail transmission, newsgroup or other
material created or accessible over or through the Wi-Fi System.
However, we may remove, block, filter or restrict by any other
means any materials that, in our sole discretion, may be
illegal, may subject Provider to liability or may violate this
AUP. Provider may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime
or civil wrong. Violation of this AUP may result in the
suspension or termination of either access to the Wi-Fi System
and/or your account or other actions as detailed below.
The following constitute
examples of violations of this AUP. You agree to not use the
Wi-Fi System to:
(1) transmit any material (by
uploading, posting, email or otherwise) that is unlawful,
threatening, abusive, harassing, tortious, defamatory, obscene,
libelous, invasive of another's privacy, hateful or racially,
ethnically or otherwise objectionable;
(2) harm, or attempt to harm,
minors in any way;
(3) impersonate any person or
entity or falsely state or otherwise misrepresent your
affiliation with a person or entity; forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
material transmitted through the Wi-Fi System;
(4) transmit any material (by
uploading, posting, email or otherwise) that you do not have a
right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under non disclosure agreements);
(5) transmit any material (by
uploading, posting, email or otherwise) that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(6) transmit (by uploading,
posting, email or otherwise) any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes" or any other form of solicitation;
(7) transmit any material (by
uploading, posting, email or otherwise) that contains software
viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(8) disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
(9) interfere with or disrupt
the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
(10) intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the
force of law;
(11) "stalk" or otherwise harass
another; or collect or store, or attempt to collect or store,
personal data about third parties without their knowledge or
consent;
(12) resell the Wi-Fi System
without Provider's authorization;
(13) use the Wi-Fi System for
high volume data transfers, especially sustained high volume
data transfers, hosting a web server, IRC server, or any other
server.
Termination
You agree that Provider may
terminate this Agreement and cancel your access to the Wi-Fi
System at any time, without notice and for any reason including,
but not limited to, violation of any of the terms and conditions
of this Agreement, security or safety reasons and/or using the
Wi-Fi System to perform any illegal activity. You further agree
that in the event of termination for any reason Provider will
have no liability to you.
Termination by Acceptable Usage
From time to time Provider may
impose reasonable rules and regulations regarding the use of its
services. The rules under this paragraph are not exhaustive and
Provider reserves the right to modify these. You agree to abide
by these rules. Any violation to these rules may result in the
suspension or termination of your service. Any unlisted activity
may also be a violation of this rules if it illegal,
irresponsible, or disruptive to the network. Provider provides
no guarantee and make no representation that the Wi-Fi System
will be available at any Wi-Fi System location.
Modifications
Provider may, at its sole
discretion, modify the terms and conditions of this Agreement..
Such modifications shall be binding and effective upon posting
on the Boonies Website:
http://www.booniesonline.com . You agree to periodically
review the ‘Terms and Conditions’ page to maintain awareness of
any modifications. By continuing to use the Wi-Fi System after
such postings, you accept and agree to any and all such
modifications.
Indemnification
You shall defend, indemnify and
hold Provider and its corporate affiliates and their respective
officers, directors, stockholders, employees, contractors,
agents, successors and assigns harmless from and against, and
shall promptly reimburse them for, any and all losses, claims,
damages, settlements, costs, and liabilities of any nature
whatsoever (including reasonable attorneys' fees) to which any
of them may become subject arising out of, based upon, as a
result of, or in any way connected with, your use of the Wi-Fi
System or any breach of this Agreement.
Warranty
PROVIDER MAKES AND YOU RECEIVE
NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY EXCLUDED. PROVIDER SHALL HAVE NO LIABILITY WITH
RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR
CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
PROVIDER’S LIABILITY TO YOU
UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS,
DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND
SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT,
NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND
SHALL BE LIMITED TO, THE FEE PAID BY YOU TO PROVIDER.
Entire Agreement, Applicable Law
This Agreement constitutes the
entire agreement between you and Provider with respect to the
subject matter hereof. This Agreement shall be construed under
the laws of the United States and the State of Florida as
applicable without giving effect to the principles of conflicts
of law thereof.
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