THIS ACCEPTABLE USE POLICY (hereinafter “AUP”) SETS FORTH THE CONDITIONS FOR UTILIZING THE WIRELESS INTERNET (WI-FI) ACCESS SERVICES (hereinafter “SALEM WIFI”) BEING PROVIDED AS A FREE PUBLIC SERVICE BY THE CITY OF SALEM, VIRGINIA. PLEASE READ AND FOLLOW THIS AUP CAREFULLY. NOTE THAT IT MAY BE REVISED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS SET FORTH BELOW.
1. INTRODUCTION
The Salem WiFi AUP is meant to enhance the use of the Internet by preventing unacceptable use. All persons (hereinafter, “Users”) accessing Salem WiFi’s Internet services (hereinafter, "Services") must comply with the guidelines of this AUP. Salem WiFi supports the free flow of information and ideas over the Internet and does not actively monitor the use of the Services under normal circumstances. Likewise, no editorial control is exercised over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services. However, Salem WiFi may remove or deny access to materials that, in its sole discretion, are illegal or in violation of this AUP. Salem WiFi may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. A violation of this AUP may result in the suspension and/or termination of the offending User’s access to the Services as noted more fully below.
2. NATURE OF LIMITATION ON SERVICES
The Services provided by Salem WiFi are solely intended for reasonable, periodic, non-continuous use by a person employing a computing device having interconnection capabilities to the Internet. Furthermore, such use must be consistent with the type of use made by a typical individual consumer of Services. Such examples of permitted uses of the Services include: web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous downloading of video content and downloading of files. Examples of uses that are strictly prohibited include: the continuous streaming, downloading or uploading of videos or other rich files consuming excessive bandwidth. Similarly prohibited are, the maintaining of an unattended or continuous uninterrupted connection to the Internet such as through a web camera or type of machine-to-machine connection that does not involve active participation by a person. Similarly prohibited would be the operation of an Internet hosting facility. Furthermore, Users may not employ the Services in a manner that impairs the use of Salem WiFi facilities by others, or that otherwise impairs general network performance. Salem WiFi’s wireless service can and may suffer from congestion and reduced performance when atypical bandwidth demands of a User exceed that of typical individual consumers of the Services. This AUP is intended to ensure that the activities of a few Users do not unfairly impair the activities of all.
3. VIOLATIONS OF SALEM WIFI'S ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a. Illegal use – Using the Services to transmit any material (via email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, federal law or international treaty or compact, or any rules or regulations promulgated thereunder.
b. Harm to minors – Using the Services provided by Salem WiFi to harm, or attempt to harm, minors in any way.
c. Threats – Using the Services to transmit any material (via email, uploading, posting, or otherwise) that threatens or encourages bodily harm and/or destruction of property.
d. Harassment – Using the Services to transmit any material (via email, uploading, posting, or otherwise) that harasses another or that is legally defamatory or otherwise abuses or threatens any third party.
e. Fraudulent activity – Using the Services to make fraudulent offers to sell or buy products, items, or services to advance any type of financial scam such as "pyramid schemes," "chain emails," and "ponzi schemes."
f. Forgery or impersonation – Adding, removing, modifying or identifying network header information in an effort to deceive or mislead is strictly prohibited. Furthermore, attempting to impersonate any person by using forged headers and/or other identifying information is also prohibited. The use of anonymous remailers and/or nicknames does not constitute impersonation. The alteration of headers in news postings so as to avoid spam email address collectors is permitted.
g. Unsolicited commercial email/Unsolicited bulk email – Using the Services provided by Salem WiFi to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. It should be known that activities having the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature is prohibited.
h. Unauthorized access – Using the Services to access, or to attempt to access, to penetrate, or attempt to penetrate, security measures of Salem WiFi's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data is also prohibited.
i. Copyright or trademark infringement – Using the Services to transmit any material (via email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, however not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and/or the unauthorized transmittal of copyrighted software is prohibited.
j. Collection of personal data – Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
k. Reselling the services – Reselling the Services without Salem WiFi's express, written authorization is prohibited.
l. Network disruptions and unfriendly activity — Also prohibited is the use of the Services for any activity that adversely affects the ability of other people or systems to use Salem WiFi Services or the Internet. This includes "denial of service" attacks against another network host or any individual User. Similarly, the interference with or disruption of other network Users, network services or network equipment is prohibited. It is the User's responsibility to ensure that its equipment is configured securely. A User may not, through action or inaction, allow others to use the Salem WiFi network for illegal or inappropriate actions.
m. News – Salem WiFi Users should exercise their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, and "community standards" describing what is and is not considered appropriate.
n. Long Connections and Multiple Logins – Using a Salem WiFi network for high volume or for high volume bulk commercial use is strictly prohibited. Salem WiFi Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Users may stay connected so long as they are actively using that connection for the purposes set forth herein. Likewise, Users may not use the Services on a standby or inactive basis in order to maintain a continuous connection. “Pinging” is expressly prohibited. Accordingly, Salem WiFi maintains the sole right to terminate any User's connection for an extended period of inactivity as determined by Salem WiFi.
o. Obscene Speech or Materials / Child Pornography – Using Salem WiFi's network to transmit and/or store, or otherwise make available child pornography and/or obscene content is strictly prohibited. Salem WiFi shall notify law enforcement agencies when it becomes first aware of the existence of any child pornography content on its network.
p. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Any distribution of information over the Salem WiFi network regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is strictly prohibited, including any activities that disrupt the use of or interfere with the ability of others to effectively employ the Salem WiFi network and/or any inter-connected network, system, service or equipment. Facilitating a violation of this AUP by either advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited.
4. ACCESS SERVICES
Who may use the Service?
Users within the operational range of Salem WiFi’s network access points are authorized by the City of Salem, Virginia to use the Services in accordance with the terms of this AUP. These Services are provided free of charge as a public accommodation by the City of Salem, Virginia and are for the benefit of all on a nondiscriminatory basis.
Regarding Excessive Use:
As indicated in Section 2 of the AUP, the network has limited bandwidth and transmission capabilities. Accordingly, should any User consume excessive resources on its system, Salem WiFi may suspend the access of any User at any time without prior notice. Users must comply with all current bandwidth, download, and other limitations on the service as established by Salem WiFi. The use of network bandwidth is expected to be reasonable and moderate. Users must ensure that their activities do not and will not improperly degrade any other User's enjoyment of the Salem WiFi network, nor impose an unduly burdensome traffic load on the network.
5. REPORTING VIOLATIONS OF SALEM WIFI'S AUP
Salem WiFi requests that anyone who believes that there is a violation of this AUP direct the information that they possess to the Network Manager at: abuse@salemwifi.com.
If available, please provide the following information:
Furthermore, SALEM WIFI may take any one or more of the following actions in response to complaints:
6. COMPLIANCE WITH THIS ACCEPTABLE USE POLICY
By using the Services, all Users agree to adhere to the terms of this AUP. Therefore, Salem WiFi retains the right, but is not obliged, to enforce this policy through any reasonable means Salem WiFi deems fit including through an active investigation, litigation and/or prosecution. Similarly, Salem WiFi may also access and/or disclose any information (including any transactional information) related to a User’s access and/or use of the Service for any lawful purpose, including, but not limited to, compliance with legal service of process or duly authorized judicial order.
7. REVISIONS TO THIS ACCEPTABLE USE POLICY
Salem WiFi reserves the absolute and sole right to revise, amend, or modify this AUP at any time and in any manner it deems necessary. Any notice of such revisions, amendments, or modifications will be posted on the Salem WiFi network prior to becoming effective.
8. DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT BY USING SALEM WIFI’S SERVICES YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM ANY CONTENT DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH ANY SALEM WIFI ACCESS POINT. FURTHERMORE, ANY CONTENT OR INFORMATION ACCESSED BY YOU THROUGH THE SALEM WIFI NETWORK IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." SALEM WIFI, ITS AGENTS AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS NETWORK. ACCESS TO SUCH CONTENT OR INFORMATION IS AT YOUR OWN RISK. LIKEWISE, SALEM WIFI DOES NOT GUARANTEE THAT ITS NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SALEM WIFI, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ANY AND ALL DAMAGES OF ANY KIND, FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF SALEM WIFI IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BE AWARE THAT YOU ARE CONNECTING TO AN UNSECURED NETWORK. SALEM WIFI IS CONFIGURED FOR OPEN ACCESS. INFORMATION SENT OVER THIS NETWORK MAY BE VISIBLE TO OTHERS. USERS SHOULD NOT TRANSMIT CREDIT CARD INFORMATION, PASSWORDS OR ANY OTHER SENSITIVE PERSONAL INFORMATION OVER THE NETWORK.
9. INDEMNIFICATION
You agree to indemnify, defend and hold the City of Salem and its affiliates, officers, employees, agents, suppliers, sponsors or other partners from any and all third party claims, liabilities, costs and expenses, including reasonable attorney's fees, arising from your use of the Services, your violation of the AUP, or your violation of any rights of another.
10. CUSTOMER PRIVACY
The matter of privacy is a major concern at Salem WiFi. Furthermore, we are dedicated to preserving the privacy of our Users.
Salem WiFi will not otherwise disclose its Users’ personal information relating to the address information of any device accessing Salem WiFi’s network unless there is reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm and/or interfering with the rights or property of Salem WiFi, its network Users, or others, or in cases where we have a good faith belief that the law requires such disclosure.
Salem WiFi may collect non-personally identifiable transactional information such as traffic patterns, aggregate data regarding general surfing patterns, as well as, other site access information. This information can and may be shared with reputable third parties. However, the information shared will never contains any identifiable personal information of Salem WiFi Users. For example, we may share statistics on how many Users accessed a specific web site, or how that traffic was routed within our network and what level of traffic was involved. However, we will not specifically disclose the address information of devices accessing the site. Therefore, in general we may gather this aggregate data solely in order to monitor the traffic patterns and performance of our network.
Salem WiFi does not and will not routinely monitor the content of customer traffic and also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that is transmitted by our Users. The circumstances under which Salem WiFi can and will disclose such electronic user communications are when: 1) it is strictly necessary in order to provide service to the User; 2) it is strictly necessary to protect our legitimate interests and those of our network Users; 3) it is strictly required to cooperate with interception orders, warrants, or other legal process that we determine to be valid and enforceable; or, 4) it is strictly necessary to provide to a law enforcement agency when the contents are inadvertently obtained by us or brought to our attention by third parties and/or appear to pertain to the commission of a crime.
Salem WiFi disclaims any and all intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by customers or other entities. However, Salem WiFi will review, delete or block access to communications that may harm it, its network users or third parties. The grounds on which we may take action include, but are not limited to, violations of this AUP as expressed in greater detail in Section 3 of the AUP.