By using the Town of Amherst’s Public Wi-Fi Internet Service, you agree to be bound by the following terms and conditions which are a binding agreement between you and the Town of Amherst.
You may use the service and technology provided to you by the Town of Amherst for the sole purpose of accessing the internet and online Town services. The Town of Amherst will give you an IP address each time you access the Amherst Public WiFi and it may change. You may not use the Amherst Public WiFi for any other reason, including reselling any aspect of the Public WiFi service. Other examples of improper activities include, without limitation:
Modifying, adapting, translating, or reverse engineering any portion of the Amherst Public WiFi network
Attempting to break security, access, tamper with or use any unauthorized areas of the Amherst Public WiFi
Attempting to collect or maintain any information about other users of the Amherst Public WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes
Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service
Engaging in any activity that infringes or misappropriates the intellectual property, public Town, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity
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
Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature
Accessing 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; or
Using Amherst Public WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose. We have the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property)
Changes In Terms of Service Public WiFi Termination
We may modify or terminate the Amherst Public WiFi service and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate the service with or without notice. Please review these Town Amherst Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by Town of Amherst to you shall terminate.
You understand that Amherst Public WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of Amherst Public WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of Amherst Public WiFi. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, other than the WiFi signal provided by Town of Amherst, you must provide all equipment, technology and software to use Amherst Public WiFi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. TOWN OF AMHERST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TOWN OF AMHERST DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER TOWN OF AMHERST OR ITS OFFCIALS, REPRESENTATIVES, EMPLOYEES AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE. In addition, Town of Amherst and its officials, representatives, employees, agents or affiliates will not be responsible for any damages, losses, expenses or costs that you suffer AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF THE TOWN OF AMHERST, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to your data, web-site, computers, or networks.
You agree to hold harmless and indemnify the Town of Amherst, its officials, representatives, employees, agents or affiliates from and against any third party claim arising from or in any way related to your use of Amherst Public WiFi, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
These Town of Amherst Terms and Conditions of Service will be governed by and construed in accordance with the laws of the Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of the Town of Amherst Terms and Conditions of Service to be unenforceable, the remainder of the Town of Amherst Terms and Conditions of Service will continue in full force and effect.
These Town of Amherst Terms and Conditions of Service constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding Amherst Public WiFi. Any waiver of any provision of the Town of Amherst Terms and Conditions of Service will be effective only if in writing and signed by the Town Manager of the Town of Amherst.