Wireless Access Terms of Service and Acceptable Use Policy

Responsibility to Abide by Policy

As an ongoing condition of our providing you with any service, you must agree to abide by this Policy. You are responsible for your activities and for ensuring that anyone who uses the Art Works Eagan (“AWE”) network or AWE’s services shall abide by this Policy. You are responsible for maintaining the basic security of your own computer systems to prevent their use by others in a manner that violates this Policy. AWE may revise this Policy at any time. You must accept this Policy each time you use the Service and it is your responsibility to review it for any changes each time.

Access to the Service

The Service is a free public service provided by AWE. Your access to the Service is completely at the discretion of AWE, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Policy, actions that may lead to liability for AWE, disruption of access to other Users or networks, and violation of applicable laws or regulations.

Acceptable Use of the Service

Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of AWE or any third party. AWE’s services and facilities may be used only for lawful, worthwhile, and ethical purposes.

The use of the Service for the following activities is prohibited:

  • Spamming and Invasion of Privacy
    Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade the privacy of others.
  • Intellectual Property Right Violations
    Engaging in 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.
  • Defamatory or Abusive Language
    Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
  • Forging of Headers
    Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
  • Hacking
    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.
  • Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
    Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment. Certain high bandwidth or potentially destructive protocols may not be available on the Service.
  • Facilitating a Violation of this Policy of Use
    Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
  • Export Control Violations
    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.
  • Obscene or Indecent Speech or Materials
    Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. AWE will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with any illegal activity. Certain content or web sites may be filtered or unavailable due to inappropriate content.
  • Other Illegal Activities
    Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating or inappropriately distributing copywritten material, or making fraudulent offers to sell or buy products, items, or services.
  • Resale
    The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

Consequences

Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service (in whole or in part), or other action appropriate to the violation, as determined by AWE in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. AWE may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. You will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to your violation of this Policy, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorneys fees or other costs or damages incurred by us.

Interpretation and Modification of this Policy

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. This Policy shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. AWE reserves the right to modify any provision of this Policy at any time without notice. You are responsible for being aware of and abiding by any changes made to this Policy.

Notice of Violations of the Policy

Any party seeking to report any violations of AWE’s Policy may contact AWE via email at admin@artworkseagan.org. When possible, please include details that will help us to investigate and resolve the complaint.

Disclaimer of Warranties and Limitation of Liability

ART WORKS EAGAN DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ART WORKS EAGAN HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ART WORKS EAGAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART WORKS EAGAN MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ART WORKS EAGAN OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND ART WORKS EAGAN DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY ART WORKS EAGAN OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ART WORKS EAGAN AND ITS DIRECTORS OR EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.