MTC Community Connect Wi-Fi Agreement

 

To use MTC’s Community Connect Wi-Fi Internet service (the "Service") provided by Margaretville Telephone Company (“MTC”), you must agree to these Terms of Service.  Your use of the Service is your acknowledgement that you have read and agreed to these Terms of Service. By agreeing to these Terms of Service, you also:

 

• Represent that you are of legal age to agree to these Terms of Service or have consent from your parent or legal guardian.

• Agree to abide by MTC’s Acceptable Use Policy, which is incorporated by reference and made a part of these Terms of Service.  A copy of MTC’s Acceptable Use Policy is available on our website.

• Agree to abide by all of applicable MTC policies, copies of which are available on our website.

 

We reserve the right to change these Terms of Service at any time without prior notice to you by amending the online version posted on our website.  Any change(s) will be effective upon posting of the revised Terms of Service on our website.  Your continued use of the Service following any change(s) constitutes your consent to such change(s) and your agreement to be bound to the Terms of Service as so modified.

 

Acceptable Use of the Service

Access to MTC’s free public Wi-Fi service is completely at MTC’s discretion. Access to the service may be blocked, suspended or terminated at any time for any reason including, but not limited to, violation of this agreement, actions that may lead to liability for MTC or its employees, disruption of access to other users or networks, and violation of applicable laws or regulations. MTC 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.

 

We reserve the right to change or terminate the Service or change this Agreement at any time. You are responsible for reviewing this Agreement each time you use the Service.

 

Consent to Collect and Use Data

To provide the Service to you, MTC and our partners and licensors may need to collect data about you, including your name, email address, address, phone number, credit card information, password/access code, the configuration of your WiFi-enabled device and the unique device identifier associated with your device.  We also may monitor your usage and collect data relating to your use of the Service.  You hereby agree and consent to our and our partners' and licensors' collection, use, transmission, processing and maintenance of such data in connection with our provision of the Service including for purposes of improving the Service, contacting you regarding the Service or other MTC products or services, and providing customer support and maintenance for the Service.  

 

Restrictions and Limitations of Service

MTC does not monitor or review the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, should we become aware of content or activity that in our sole discretion, may be illegal, may subject MTC or our suppliers or vendors to liability or is in violation of this Agreement, we may remove, block, filter, or restrict by any other means such content or activity.

 

Your Responsibilities

You may not re-sell, transfer, assign or sub-license the Service or provide access to the Service to anyone else, whether for a fee or otherwise. You agree to take reasonable precautions to prevent others from gaining unauthorized access to your WiFi account.  You will be responsible for all activities taking place under your WiFi account.  You must (a) provide accurate and complete WiFi sign-in and registration information, (b) provide all equipment (i.e., a WiFi enabled device that meets the technical specifications for the WiFi) to connect to the WiFi, (c) protect the password, username and security information you use to access the WiFi,  (d) notify us immediately of any unauthorized use of the WiFi or your WiFi account, and (e) comply with all applicable local, state, federal and international laws and regulations, including copyright and intellectual property rights laws, in your use of the WiFi.

 

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES OF ANY KIND.

 

MTC, ITS SUPPLIERS, SUBSIDIARIES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

MTC, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.

 

MTC does not guarantee availability or access to the Internet or minimum Internet connection speeds on the network. MTC is not responsible for loss of data due to service delays or interruptions.

 

By using the Service, you are accessing the Internet which is a public communications network. Except for MTC’s website(s), we do not control any materials, information, products or services on the Internet. You assume full responsibility and risk for accessing content via the Service 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 promoted through the Service or the Internet.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

MTC, ITS SUPPLIERS, SUBSIDIARIES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, FOR LOSS OF PRIVACY, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF MTC AND/OR AIRTIGHT KNOWS OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THIS SECTION SHALL APPLY EVEN IF YOUR EXCLUSIVE REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS FREE AND THAT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT MTC WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS AND ITS SUPPLIERS’ AND LICENSORS’ LIABILITY.

 

Indemnity

If a third party makes a claim against MTC, its suppliers, subsidiaries and/or licensors arising out of your use of the Service or your breach of this Agreement, you shall: (a) pay all costs to defend MTC; (b) pay any damages assessed against MTC (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and (c) hold harmless and indemnify MTC, its suppliers, subsidiaries and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, MTC (or its supplier, subsidiary or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. MTC (or its supplier, subsidiary or licensor, as applicable) will provide you with written notice of such claim, suit or action.

 

Governing Law

This Agreement will be governed by the laws of the State of New York. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a federal or state court seated in Albany, New York, and in no other venue.

 

Severability

If any provision of this Agreement is held to be void, invalid, unenforceble or illegal, the other provisions shall continue in full force and effect.

 

Entire Agreement

This Agreement constitutes the entire agreement between you and MTC with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

Waivers and Amendments

Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by MTC