Subscriber hereby agrees to purchase WiFi Service for the term and price specified on the Business Service Agreement. EATEL’s Managed Wi-Fi service is a scalable enterprise class wireless solution that provides a mix of the latest 802.11ac and 802.11n MIMO technology on both the 2.4 and/or 5 GHz bands and is hereafter referred to as "WiFi Service." WiFi service is sold by EATEL to Subscriber who then authorizes Subscriber to allow use of such WiFi Service by third parties, upon acceptance of Wi-Fi Service Acceptable Use Policy and other applicable terms and condition of use.
Subscriber shall be solely responsible for its logo, any marketing message and all other content placed on the EATEL WiFi Service log-in screen. Such logo, message and other content shall not: violate or infringe in any way upon the rights of others; be unlawful, threatening, abusive, obstructive, harassing, libelous, obscene, indecent, or invasive of privacy or publicity rights; constitute hate speech; be otherwise offensive or objectionable; disparage EATEL or damage EATEL’s reputation; or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. EATEL may audit the configuration of Subscriber’s log-in screen at any time and may remove content on the log-in screen, that in EATEL’s judgment violates these standards.
All WiFi Equipment constitutes EATEL Equipment as such term is used in the Business Service Terms and Conditions. Subscriber may not relocate or disconnect the WiFi Equipment.
RESTRICTIONS ON USE. In addition to the terms of the Acceptable Use Policy, you and your third party users agree that you will not:
a) Program any IP address other than the one assigned to you by EATEL into your wireless-enabled device connected to the WiFi Service;
b) Program any other MAC address into your device;
c) Use the WiFi Service in a manner that violates any applicable local, state, federal or international law, order or regulation.
d) Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
e) Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
f) Post, transmit, or distribute content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable in EATEL's sole discretion.
g) Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the WiFi Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan botnet, cancelbot, or other harmful feature.
h) Operate servers of any type or other equipment or software providing server-like functionality in connection with the WiFi Service.
MONITORING AND COLLECTION OF DATA. The WiFi Service and any related websites are not directed to children under the age of 13 and EATEL does not knowingly collect information from persons under the age of 13. Users under the age of 13 should have parental or guardian permission before providing information to use the WiFi Service.
EATEL collects information to authenticate you or your third party users as a valid Internet subscriber authorized to access WiFi Service. We may also monitor the traffic for network management and security purposes, such as identifying malware, bandwidth consumption, location of the access points, session start and end time, types of protocols and applications used, and illegal content such as child pornography. We may provide this information to law enforcement personnel pursuant to lawful subpoena or court order, or to protect our rights, users or property. You acknowledge and agree that EATEL has the right to electronically monitor your use of the WiFi Service to operate the WiFi Service properly, to protect itself or its subscribers, to enhance or develop EATEL services offered to you, to disclose any information as necessary to satisfy any law, regulation or other governmental request, or to protect our rights, network, users or property.
RISKS OF WIFI SERVICE. WiFi Service is provided over wireless radio waves, which means that your transmissions could be intercepted by unauthorized persons. Subscriber assumes all risk and release EATEL in the event of any damage you or any third party may suffer during use of WiFi Service, including the introduction of any viruses that may occur or breaches from unauthorized third parties. Please ensure your anti-malware software is up to date and that your data is backed up or otherwise protected. If you are in a public area please be mindful of others that may be able to view the content on your device.
The WiFi Service is not intended for use in making 911 calls. It is not recommended that you use over-the-top voice services, such as Skype or Vonage, to make 911 or other emergency calls using the WiFi Service. If you make a 911 call and you are out of your mobile carrier's coverage area, the 911 call may not go through.
No title to the intellectual property in the WiFi Service, the documentation, magnetic media or any other material provided therewith is transferred to you by this Agreement.
LIMITED WARRANTY AND LIMITATION OF LIABILITY.
a) THE WIFI SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
b) EATEL DOES NOT WARRANT THAT THE WIFI SERVICE WILL MEET ANY PARTICULAR NEED OF THE USERS OR THAT THE OPERATION WILL BE ERROR FREE.
c) EATEL MAKES NO WARRANTY THAT THE WIFI SERVICE WILL ACHIEVE ANY PARTICULAR DOWNLOAD AND UPLOAD SPEEDS. REFUNDS WILL NOT BE GIVEN FOR ANY FAILURE OF THE WIFI SERVICE.
d) IN NO EVENT SHALL EATEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF WIFI SERVICE. YOU HEREBY WAIVE ANY CLAIMS AND RELEASE EATEL (AND ANY OWNER OF THE PRIVATE PROPERTY HOSTING THE ACCESS POINT) FROM ANY CLAIMS ARISING OUT OF YOUR USE OF THE WIFI SERVICE OR EATEL'S PROVISION OF THE SERVICE TO YOU, INCLUDING COLLECTION OF ANY DATA.
e) Although EATEL has taken commercially reasonable steps to provide a secure system within limitations existing in network and computer infrastructure, EATEL does not warrant or guarantee that communication over the WiFi Service shall be secure from monitoring or tampering, nor that information stored on any computer connected to the WiFi Service shall be secure from monitoring or tampering. Because of this, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Subscriber is sent at Subscriber's sole risk and EATEL shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by Subscribers.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless EATEL and its affiliates, officers, directors, subcontractors, employees, agents from any claims, losses, or expenses of any kind (including, but not limited to attorneys' fees) arising from your use or a third parties' use or attempted use of the WiFi Service, including, but not limited to, your use or a third parties' use of the WiFi Service in any manner prohibited under this Agreement. Your obligation to indemnify, defend and hold harmless EATEL survives your use or that of a third party of the WiFi Service and termination of your or a third party's access to the WiFi Service.
CHANGE OF TERMS OF SERVICE. These Terms of Service may be changed from time to time and changes will be posted. Your ongoing use of WiFi Service after changes are posted means you agree to the changed Terms of Service.
MISCELLANEOUS PROVISIONS. The rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Louisiana. If any parts of the Terms of Service are held by a court of law to be unenforceable, the remainder of these Terms of Service shall remain in full force and effect and the unenforceable provisions shall be interpreted as closely as reasonably possible to reflect the original intentions of the parties. This is the complete and entire agreement between you and EATEL with respect to your use of the WiFi Service.
CLICK TO AGREE. Subscriber hereby agrees to require acceptance of all users of WiFi Service of the Acceptable Use Policy. Such policy may be amended from time to time by EATEL in its sole discretion.
EATEL TERMINATION RIGHTS. EATEL may terminate the EATEL WiFi Service at any time, with or without cause, upon five (5) days prior written notice to Subscriber. EATEL reserves the right to terminate this WiFi Service without notice in the event of breach of any term or condition of WiFi service. In addition, if Subscriber ceases to receive a Data Service from EATEL or to pay any charges associated with any Services provided to Subscriber’s location(s) where WiFi Equipment is installed, EATEL may suspend or terminate the EATEL WiFi Service without notice.
LIMITATION OF LIABILITY. Subscriber will be responsible for any tangible property damages directly caused by EATEL’s installation, operation, maintenance, repair or removal of the WiFi Equipment and, except for such damages, EATEL WILL NOT BE LIABLE TO SUBSCRIBER OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING UNDER THIS ADDENDUM OR IN CONNECTION WITH THE EATEL WIFI SERVICE.
Subscriber acknowledges and agrees that all users (including End Users and other patrons) of the EATEL WiFi Service will be required to agree to, and will be bound by, the EATEL WiFi Terms and Conditions contained herein or posted online, as amended from time to time.