Acceptable Use Policy for Guest WiFi Access

Last Modified: 08/06/2018

Introduction

IKE SMART CITY, LLC (the “Company,” “we,” or “us”) provides access to a guest wireless network for short-term access to the Company’s WiFi network (the “Network”). Network access is provided as a courtesy and convenience to you on an as-is basis. Use of our Network is at your own risk.

This Acceptable Use Policy (this “AUP”) governs your access to and use of the Network. Company reserves the right to amend, alter, or modify your conduct requirements as set forth in this AUP at any time. By clicking to accept or agree to the AUP, you accept and agree to be bound and abide by this AUP. If you do not want to agree to this AUP, you must not access or use the Network.

In using any public network, such as the Network, you acknowledge and agree to the following:

• The Network services may not be uninterrupted or error-free, and we may place limits on the duration of a connection to the Network;
• Your device may be exposed to viruses or other harmful applications; and
• Unauthorized third parties may access files on your device or otherwise monitor your connection.

The Network is provided on an “as is” and “as available” basis without warranties of any kind. All users of the Network do so at their own risk. You hereby acknowledge that we do not guarantee the security of the Network.

We hereby disclaim any warranties arising by law or custom, including any express or implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement. We also disclaim any warranties and guarantees with respect to the content or service, security, operation, capacity, speed, functionality or capabilities of the Network. Our ability to provide the Network without charge is based on the limited warranty, disclaimer and limitation of liability specific in this AUP and it would be a substantial charge to provide the Network if any of these provisions were unenforceable.

Prohibited Uses

You may use the Network only for lawful purposes and in accordance with this AUP. You agree not to use the Network:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Network, or which, as determined by us, may harm the Company or users of the Network or expose them to liability.
  Additionally, you agree not to:
• Use the Network in any manner that could disable, overburden (such as by streaming video or content), damage, or impair the Network or interfere with any other party’s use of the Network, including their ability to engage in real time activities through the Network.
• Use any robot, spider, or other automatic device, process, or means to access the Network for any purpose, including monitoring or copying any Network traffic or resources available on the Network.
• Use any manual process to monitor or copy any Network traffic or resources available on the Network or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Network.
• Introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Network or any server, computer, database, or other resource or element connected to the Network.
• Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Network.
• Otherwise attempt to interfere with the proper working of the Network.

Content Standards

You agree not to use the Network to send, knowingly receive, upload, download, use, or re-use any material which:

• Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Is likely to deceive any person.
• Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
• Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
• Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
• Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

Company, in its sole discretion, will determine whether your conduct is in compliance with this AUP. We have the right to monitor your use of the Network and take any action we deem necessary or appropriate in our sole discretion if we believe your conduct violated this AUP, including, without limition referral to law enforcement and the right to cooperate in any investigation, and the right to terminate or suspect your access to all or any part of the Network.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.