IMPORTANT! READ THE FOLLOWING TERMS OF SERVICE ("TERMS OF SERVICE") BEFORE USING THIS WIRELESS WI-FI SERVICE ("SERVICE") OFFERED BY Smargasy Inc. (“PROVIDER”) on behalf of the proprietors of the location which you are patronizing and accessing the Service.
BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SERVICE.
This Service is provided at no charge but is conditioned upon your acceptance without modification of these Terms of Service. The Service is provided solely for you to make legitimate use of the internet while patronizing this location and you acknowledge and agree to receive advertisements and promotions while doing so.
Registration and Passwords
To access the Services, you may be asked to complete an online registration form or authenticate via a Social Media account. In consideration for your access to, and ability, to use the Services, you agree to provide true, current, complete and accurate information as requested. As part of the registration process, you may be asked to provide an email address, or to login in using your username and password to Social Media sites, for authentication. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Services under your email, password or username. You alone are responsible for the security of your password. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).
Code of Conduct
As a condition of your continued access to and use of this Service, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations, the other conditions of these Terms of Service, and any other rules which may be published from time to time by us. In addition, without limiting the foregoing, you agree not to:
- upload, post, e-mail or otherwise transmit any material using the Services that:
- is known by you to be false, inaccurate, or misleading;
- infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, pornographic or otherwise objectionable;
- you were compensated or granted any consideration by any third party to upload, post, e-mail or transmit unless otherwise authorized by us in writing; or
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program;
- send any unsolicited commercial electronic messages;
- harvest or otherwise collect or store communications send through the Service or any information (including personally identifiable information) about other users of the Service;
- for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
- attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
- interfere with, disrupt or create undue burden on the Services;
- exceed any applicable bandwidth caps or limitations; or
- use, download or otherwise copy, or provide to any person or entity any user directory or other user or usage information or any portion thereof.
From time to time we may offer and/or co?sponsor contests or other promotions through the Service. Each of these activities shall be governed by specific rules accessible when the contest or promotion is offered or when you submit your entry.
Links & Advertisements
We may offer links to websites which are owned and operated by third parties, as well as advertisements for products and services that are offered by us or third parties. We provide these links and advertisements as a convenience to our visitors. We do not review the content of such third party content, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third parties.
You assume full responsibility for your use of third party websites. Such websites are governed by terms and conditions different from those applicable to this Service, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
Disclaimer / Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THESE SERVICES ARE BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Smargasy Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Smargasy Inc. DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Smargasy Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF Smargasy Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Smargasy Inc., its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any material you (or anyone acting under your email, password or username) upload, post, e-mail or otherwise transmit through the Services, and/or (b) your (or anyone acting under your email, password or username) use of the Services, connection thereto, or any alleged violation by you of these Terms of Service, including the Code of Conduct set out above.