| You are about
to access the Internet through a wireless hotspot operated on behalf of
OCYNJ.com. OCYNJ.com is a providing free wireless Internet access and related
services and features (the "Service") to tenants of 5832 Central Avenue
Ocean City New Jersey. The use of the Service shall be governed by the
wireless hotspot terms and conditions contained herein ("the Agreement").
You may only use the Service if you expressly agree to be bound by the
terms and conditions of this Agreement each time you access the Service.
Please read this Agreement carefully before accessing the Service. If you
agree with and accept the Agreement, click the "Continue" button below.
By accepting the Agreement and accessing the Service, you acknowledge that
you are of legal age, you have read and understood, and agree to be bound
by this Agreement. In all events, by using this service, you agree to be
bound by these Termsand Conditions. If you do not agree to the terms of
this Agreement, do not use the Service.
1.
Service Access & Availability
The
Service is a free public service provided by OCYNJ.com. Your access to
the Service is completely at the discretion of OCYNJ.com, and your access
to the Service may be blocked, suspended, or terminated at any time for
any reason including, but not limited to, any violation of this Agreement,
actions that may lead to liability for OCYNJ.com, disruption of access
to other Users or networks, and violation of applicable laws or regulations.
You mustaccept this Agreement each time you use the Service and it is your
responsibility to review this Agreement for any changes prior to each use.
As indicated below, OCYNJ.com reserves the right to change the terms and
conditions of the Agreement at any time, without prior notice. Service
is only available at designated locations; actual service coverage, speeds
and quality may vary. Service is subject to unavailability, including emergencies,
third party service failures, transmission, equipment or network problems
or limitations, interference, lack of signal strength, and maintenance
and repair, and may be interrupted, refused, limited or curtailed.
2.
Use of Service
You agree
not to use the Service for any purpose that is unlawful or prohibited by
this Agreement. You may not use the Service in any manner that could damage
OCYNJ.com?s property or others' property, or interferes with, harms or
disrupts OCYNJ.com's system or other operators' systems or other users.
You will comply with all laws while using the Service and you will not
transmit any communication or data that would violate any laws, court order,
or regulation, or would likely be offensive to the recipient. You agree
to cooperate with OCYNJ.com in any fraud investigation and to use any fraud
prevention measures we prescribe. You agree not to use the Service for
any fraudulent, unlawful, harassing or abusive purpose, or so as to damage
or cause risk to OCYNJ.com's reputation, members, facilities, or to any
other person. Improper and prohibited use includes, but is not limited
to:
- Using
the Service to violate any law, statute, ordinance or regulation,
including without limitation the laws and regulations governing export
control, unfair competition, false advertising, consumer protection, issuance
or sale of securities, child pornography, obscenity, trade in firearms,
spamming, privacy, data transfer, and telecommunications;
- Using the
Service in a manner which presents a material security risk or will interfere
materially with the continued operation of the Service;
- Using the
Service in any manner that infringes another's copyrights, patents, trademarks,
service marks, trade names, trade secrets or other intellectual property
rights or rights of publicity, including failing to obtain all required
permissions to receive, upload, download, display, distribute, or execute
programs or perform other works or derivative works protected by intellectual
property laws or removing or altering applicable copyright, trademark,
or patent notices; - Using the Service in a tortious manner, including
without limitation engaging in libel, defamation, harassment, misappropriation
of trade secrets,intentional misrepresentation or fraud, or publication
of private information without the permission of the person(s) involved;
- Introducing
viruses, trojan horses, trap doors, back doors, easter eggs, worms, time
bombs, packet bombs, cancelbots or any other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
- Intentionally
omitting, deleting, forging or misrepresenting transmission information,
including headers, return addressing information and IP addresses, in violation
of applicable law;
- Using
the Service to gain illegal or unauthorized access to othercomputers or
networks with any engine, software, tool, agent, device or mechanism other
than the software and/or search agents provided by us or other generally
available third party web browser;
- Attempting
to intercept, collect or store data about third partieswithout their knowledge
or consent;
- Sending unsolicited
messages, including without limitation,promotions or advertisements for
products or services, "pyramid schemes", "spam", "chain mail" or "junk
mail";
- Interfering
or attempting to interfere with the access of any user, host or network.
OCYNJ.com reserves the right to monitor the use of the Service to ensure
compliance with this Agreement or applicable law. OCYNJ.com reserves the
right to monitor transmissions and to collect and use personally identifiable
information to assist in provisioning of service and to monitor network
health and performance and otherwise solve problems associated with the
Service. We reserve the right to terminate your service immediately and
without advance notice if we, in our sole discretion, become aware of improper
or harmful activity, or if OCYNJ.com believes that you have violated the
above restrictions. If we suspect violations of any of the above, we will
investigate and, where appropriate, we may (i) institute legal action,
(ii) deactivate the Service or your access to the Service without prior
notice to you, and/or (iii) cooperate with law enforcement authorities
in bringing legal proceedings against violators. OCYNJ.com requests that
anyone who believes that there is a violation of these Terms and Conditions
to direct the information to: webmaster@OCYNJ.com. By reserving the right
to monitor, OCYNJ.com does not assume any duties or responsibilities to
you or to anyone else.
3.
Limitation of Liability
OCYNJ.com
shall not be liable, and you hereby waive all claims against OCYNJ.com,
for any damages arising from use of theService including without limitation,
punitive, exemplary, incidental, special or consequential damages, loss
of privacy or security damages; personal injury or property damages; or
any damages whatsoever resulting from interruption or failure of service;
lost profits, loss of business, loss of data, loss due to unauthorized
access of due to viruses or other harmful components, cost of replacement
products and services, the inability to use the Service, the content of
any data transmission, communication or message transmitted to or received
by your unit, access to the world wide web, the interception of loss of
any data or transmission, or losses resulting from any goods or services
purchased or messages or data received or transaction entered into through
the Service. If you are dissatisfied with the Service, or with this Agreement,
your sole and exclusive remedy is to discontinue using the Service. By
using the Service you acknowledge that your use of the Service is at your
sole risk. 4. Content Disclaimer OCYNJ.com does not control, nor is OCYNJ.com
responsible or liable for, data, content, services, or products (including
software) that you access, download, receive or buy via the Service. OCYNJ.com
may block information, transmissions or access to certain information,
services, products or domains to protect OCYNJ.com, OCYNJ.com?s network,
the public or our users. Therefore, messages and other content may be deleted
before delivery. The Internet contains unedited materials, some of which
may be offensive to you. OCYNJ.com is not a publisher of third-party content
accessed through the Service, and is not responsible for the content, accuracy,
timeliness or delivery of any opinions, advice, statements, messages, services,
graphics, data or any other information provided to or by third parties
as accessible through the Service. You are responsible for paying all fees
and charges of third party vendors whose sites, products or services you
access, buy or use via the Service. If you choose to use the Service to
access websites, services or content, or purchase products from third
parties, your personal information may be available to the third-party
provider. How third parties handle and use your personal information related
to their sites and services is governed by their privacy and other
policies (if any) and not OCYNJ.com's. OCYNJ.com has no responsibility
for third party provider policies, or their compliance with them. You are
liable for any and all liability that may arise out of the content transmitted
by or to you using the Service. You shall assure that your use of the Service
and content will at all times comply with al applicable laws, regulations
and written and electronic instructions for use. OCYNJ.com reserves
the right to terminate or suspend affected Service if OCYNJ.com determines
that such use does not conform with the requirements set forth in this
Agreement, or interferes with SocalFreenet's ability to provide Service
to you or others, or receives notice from anyone that your use may violate
any laws or regulations. OCYNJ.com's actions or inaction under this
Section shall not constitute review or approval of your use.
4. Warranty
Disclaimer
The Service
is provided "as is" without warranties of any kind, either express or implied.
You assume all responsibility and risk for use of the Service. Neither
OCYNJ.com nor its officers, directors, employees, agents, dealers, suppliers,
parents, subsidiaries or affiliates warrant that the information,
products, processes and/or services available through the Service will
be uninterrupted, always available, accurate, complete, useful, functional
or error free.
5.
Eligibility
You
must be at least 18 years old to be eligible to use the Service. However,
if you are at least 13 years old but not yet 18, you may use the
Service if -- and only if --- you have your parents' or guardians' prior
permission. No one under age 13 may use the Service under any circumstances.
By accepting this Agreement you are representing that you are at least
18 or that you are at least 13 years old and have your parents' or guardians'
permission to access the Service.
6.
Indemnification
You
agree to indemnify, defend and hold harmless OCYNJ.com, its employees,
officers and directors, or any underlying or affiliated group from and
against any and all claims, liabilities, penalties, settlements, judgments,
costs, fees (including reasonable attorneys'fees) arising from (i) any
content that you or anyone using your account may submit, post or transmit;
(ii) your use of the Service;(iii) your violation of this Agreement; and
(iv) any violation or failure by you to comply with all applicable laws
and regulations inconnection with the use of the Service. 8. Privacy and
Security Wireless internet connections such as that provided through the
Service are not secure. Communications may be intercepted by others and
your equipment may be subject to surveillance and/or damage. Since thewireless
connection providing you with access uses radio signals, you should have
no expectation of privacy whatsoever when using theservice. Accordingly,
in providing this service, OCYNJ.com cannot and does not promise any privacy
protection when you use theservice. It is your sole responsibility to install
and deploy technological tools to protect your communications and equipment
that may be compromised by use of a wireless network.
7.
Termination of Service
OCYNJ.com
reserves the right to suspend or discontinue providingthe Service generally,
or to terminate your Service, at any time in its sole discretion, with
or without notice. OCYNJ.com shall not be liable for any damages, losses,
cost or expenses caused by or arising out of termination of the Service,
to you or to any other individual.
8.
Changes to Terms and Conditions
OCYNJ.com
reserves the right to update or amend these Terms and Conditions at any
time. The amended Terms and Conditions shall automatically be effective
the day of their updated posting in the wireless hotspot Terms and Conditions.
Your continued use of the Service after the effective date of any posted
change constitutes your acceptance of the amended Terms and Conditions.
For this reason, we encourage you to review these Terms and Conditions
whenever you use the Service. |