Terms of Service for using WiFi101

Welcome to WiFi101, a WiFi network operated by Community Wireless of East Palo Alto, California. Before you begin using WiFi101, you must read and agree to these Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

By using WiFi101 you agree to be bound by the following terms and conditions (the "Community Wireless Terms of Service"), which are a binding agreement between you and Community Wireless, Inc. and its affiliates. You represent that you are of legal age to agree to and be bound by this agreement.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Proper Use

WiFi101 is a wireless network that allows you to connect to the Internet. You must have a wireless-enabled device to connect to WiFi101.

You may use the technology provided to you by WiFi101 for the sole purpose of connecting to the Internet as described here. You must immediately notify us of any unauthorized use of the service or any other security breach. We will give you an IP address each time you access WiFi101, and it may change. You shall not program any other IP or MAC address into your device that accesses the WiFi101. You may not use the WiFi101 service for any other reason, including reselling any aspect of the WiFi101 Service. Other examples of improper activities include, without limitation:

• attempting to collect or maintain any information about other users of the WiFi101 service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
• logging onto the WiFi101 service under false or fraudulent pretenses;
• creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with other user's enjoyment of the service;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• or using the WiFi101 service for any unlawful, harassing, abusive, criminal or fraudulent purpose.

WiFi101 does not store the content of your online communications or the content of data transfers. We reserve, however, the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). For more information, see the WiFi101 Privacy Policy

Changes In WiFi101 Terms of Service: Limiting your bandwidth

We are offering a free service to the community and you are at liberty to use this service for any purpose you wish, consistent with these terms of use. The WiFi101 network will support many users for the purpose of e-mail and websurfing. However using WiFi101 for extended video sessions and peer to peer services will dramatically reduce the number of users in the community we can support. In order to offer a basic service to the largest number of people in the community, we may from time to time limit the amount of data that WiFi101 users can transfer each day and / or the speed at which theconnection operates.

Changes In WiFi101 Terms of Service: Termination

We may modify or terminate the WiFi101 Service and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user or any third party. Please review these WiFi101 Terms of Service from time to time so that you will be apprised of any changes.

Privacy Policy

You understand and agree that Community Wireless may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Community Wireless or the public.

Community Wireless does not exercise control over sites that you may visit, or services that you may use. These other sites and services may place their own cookies or other files on your computer, collect data, or solicit personal information from you. You should read the privacy policies of these sites and services to learn how they handle your personal information. The Community Wireless Privacy Policy describes how we treat personal information when you use WiFi101.

Your Responsibilities

You understand that the WiFi101 Service, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. While Community Wireless uses commercially reasonable efforts to provide a secure service, we cannot guarantee the effectiveness of our efforts. We will not be liable to you or any other party for any lack of security that may result from your use of the WiFi101 Service.

You agree that you are responsible for providing security measures that are suited for your intended use of the WiFi101 Service. For example, you shall take full responsibility for taking adequate measures to safeguard your data from loss.

For more information on your security options, please see the WiFi101 FAQ.

Content Disclaimer

Community Wireless does not control and is not responsible for data, content, services, or products that you access or download through the WiFi101 Service. Community Wireless may, but is not obliged to, block data transmissions to protect the WiFi101 network, or the public.

Disclaimer of Warranties

Community Wireless disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the WiFi101 Service. Community Wireless disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Community Wireless disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the WiFi101 Service.

THE WIFI101 SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WIFI101 SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. COMMUNITY WIRELESS, ITS SUPPLIERS 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 OF PROPRIETARY RIGHTS. COMMUNITY WIRELESS, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WIFI101 SERVICE. COMMUNITY WIRELESS, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WIFI101 SERVICE. COMMUNITY WIRELESS, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WIFI101 SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WIFI101 SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WIFI101 SERVICE.

YOU UNDERSTAND AND AGREE THAT (A) THE WIFI101 SERVICE WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE WIFI101 SERVICE WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED GE(C) COMMUNITY WIRELESS HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE WIFI101 SERVICE, AND (D)YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WIFI101 SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMMUNITY WIRELESS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE WIFI101 SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF COMMUNITY WIRELESS, ITS SUPPLIERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIFI101 SERVICE, FROM INABILITY TO USE THE WIFI101 SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIFI101 SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WIFI101 SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WIFI101 SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WIFI101 SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WIFI101 SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WIFI101SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WIFI101 SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Community Wireless, its suppliers or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnity

You agree to hold harmless and indemnify Community Wireless, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of the WiFi101 Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Community Wireless will provide you with written notice of such claim, suit or action.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Community Wireless will, in appropriate circumstances, terminate repeat infringers.

Miscellaneous Provisions

These Community Wireless Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Community Wireless Terms of Service to be unenforceable, the remainder of the Community Wireless Terms of Service will continue in full force and effect.

These Community Wireless Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Community Wireless Terms of Service will be effective only if in writing and signed by Community Wireless.

Revised - June 1, 2008