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Sarasota
County Government (“Sarasota County” or Unplugged) is pleased to
offer free wireless Internet access within downtown Sarasota
using 802.11b and 802.11g Wi-Fi devices for Internet browsing
(the “Service”).
You may use
the Service only if you agree to the following terms of service
("Agreement") each time you access the Service. If you agree
with and accept the Agreement, please indicate your acceptance
by checking the box at the bottom of this text: "Login." If you
do not agree with what you read below, then you can check the
box: “I Decline” and access will be denied.
Access to the Service
Your access
to the Service is completely at the discretion of Sarasota
County and may be blocked, suspended, or terminated with or
without notice at any time for any reason including, but not
limited to, violation of this Agreement, actions that may lead
to liability for Sarasota County, disruption of access to other
Users or networks, and violation of applicable laws or
regulations. Sarasota County 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.
Use of the
Service
Your access
to the Service is conditioned on your legal and appropriate use
of the Service. Although Sarasota County has and accepts no
obligation to monitor your use of the Service or edit or censor
content transmitted (via e-mail, downloading, uploading,
posting, or otherwise) through the Service, it reserves the
right to do so without notice at its own discretion. As a user,
you understand that this is an unsecured and unencrypted
connection to the Internet and that you should take appropriate
security precautions. You acknowledge that all Content, whether
publicly posted or privately transmitted, is the sole
responsibility of the person or entity who originated the
Content. This means that you are entirely responsible for all
Content that you post, email or otherwise transmit via the
Service. Sarasota County does not control the Content available
through the Service and does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Sarasota County is not
liable in any way for Content, including, but not limited to,
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the
Service. -You are responsible for obtaining or providing all
equipment necessary to access the Service. Sarasota County staff
shall not provide technical support for any private equipment.
You agree
that your use of the Service and any activities conducted online
through the Service shall not violate any applicable law or
regulation, including any rules, regulations and policies
applicable to any network, server, database, web site or
Internet Service Provider that you access through the Service or
the rights of Sarasota County or any third party.
The use of
the Service for the following activities is prohibited:
-
Spamming
and invasion of privacy:
-
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.
-
The
advertisement, solicitation, transmission, storage, posting,
display or other activity which makes available obscene or
indecent images or other materials. Sarasota County will
notify and fully cooperate with law enforcement if it
becomes aware of any use of the Service related to child
pornography, solicitation of sex with minors or other
illegal uses.
-
The
transmission, posting, uploading, or other activity which
makes available defamatory, harassing, abusive, or
threatening material or language, that encourages bodily
harm, destruction of property or harasses another.
-
The
forging or misrepresentation of message headers, in whole or
in part, to mask the originator of the message.
-
Illegal
or unauthorized access to computers, accounts, equipment or
networks belonging to another party, or attempted
penetration of security measures of another system. This
includes any activity used as a precursor to an attempted
system penetration, including, but not limited to, port
scans, stealth scans, or other information gathering
activity.
-
Distributing information regarding the creation of and the
sending of Internet viruses, worms, Trojan Horses, pinging,
flooding, mail bombing, or denial of service attacks.
-
Activities that disrupt the use of or interfere with the
ability of others to use the Service.
-
Advertising, transmitting, or otherwise making available any
software, hardware or service designed to violate this
Agreement, including the facilitation of spam, initiation of
pinging, flooding, mail bombing, denial of service attacks,
and piracy of software.
-
Transferring technology, software, or other materials in
violation of export laws and applicable regulations.
-
Using
the Service in violation of applicable laws and regulations,
including, but not limited to, advertising, transmitting, or
otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards, pirating software, or
making fraudulent offers to sell or buy products, items, or
services.
-
Selling,
transferring or renting the Service to customers, clients or
other third parties, either directly or as part of a service
or product created for resale.
Public Records Notification:
Any information provided by you to Sarasota County, including
but not limited to feedback, questions, comments, and
suggestions is non-confidential and subject to the Florida
public record law. Sarasota County has no obligation of any kind
with respect to such information and is free to reproduce, use,
and disclose the information to others without limitation. In
addition, records of usage of the service, including the number
of users, length of the session, and sites visited may become
public records subject to public inspection pursuant to the law.
Disclaimer Regarding Sites Visited:
The Service provided is access to the Internet. Therefore,
Sarasota County makes no representations concerning content on
the Internet. There are risks in using any information,
software, services or products found on the Internet. It is your
obligation to understand these risks before retrieving, using,
relying upon, or purchasing anything via the Internet.
Disclaimer:
You
acknowledge that: (i) the Service may not be uninterrupted or
error-free; (ii) the signal may vary from one location to
another and the speed may vary; (iii) viruses or other harmful
applications may be available through the Service; (iv) Sarasota
County does not guarantee the security of the Service; (v)
unauthorized third parties may access your computer or files or
otherwise monitor your connection; and (vi) Sarasota County’s
ability to provide the Service without charge is based on the
limited warranty, disclaimer and limitation of liability set
forth herein and it would require a substantial charge if any of
these provisions were unenforceable.
THE SERVICE
IS 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 SARASOTA COUNTY (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 SARASOTA COUNTY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST
PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE (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. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT
SARASOTA COUNTY MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED
$100. NOTHING HEREIN SHALL CONSTITUTE A WAIVER OF SARASOTA
COUNTY’S RIGHT OF SOVEREIGN IMMUNITY.
Indemnity:
You agree to
indemnify and hold harmless the Sarasota County, and its
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 in violation of law or regulation, or
any breach of this agreement. This action will not be construed
to limit or exclude any other claims, remedies and/or
affirmative defenses that Sarasota County may assert under this
Agreement or by law.
Governing Law and Other Miscellaneous Terms:
This
Agreement shall not be construed as creating a partnership,
joint venture, agency relationship or granting a franchise
between the parties. This Agreement will be governed by and
interpreted in accordance with Florida law. You agree that any
action at law or in equity arising out of or relating to these
terms shall be filed only in the state or federal courts located
in Sarasota County in the State of Florida and you hereby
consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between you and Sarasota County relating to the
subject matter herein and shall not be modified by you except in
writing, signed by both parties. Sarasota County’s performance
of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement shall waive or impede
Sarasota County’s right to comply with law enforcement requests
or requirements relating to your use of this Service or
information provided to or gathered by Sarasota County with
respect to such use. The
Terms of Service will inure to the benefit of Sarasota County,
its assigns and licensees. |
