By using the City of Santa Clara's free Wi-Fi High Speed Internet Service ("Santa Clara Free WiFi"), you agree to be bound by the following terms and conditions ("Santa Clara Terms of Service"), which are a binding agreement between you and the City. You represent that you are of legal age to agree and be bound by this agreement.
You may use the service and technology provided to you by the City of Santa Clara for the sole purpose of using the City as described here. You must immediately notify us of any unauthorized use of the Santa Clara Free WiFi or any other security breach. We will give you an IP address each time you access the Santa Clara Free WiFi and it may change. You may not use the Santa Clara Free WiFi for any other reason, including reselling any aspect of the Santa Clara Free WiFi. Other examples of improper activities include, without limitation:
We may modify or terminate the Santa Clara Free WiFi and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice. Please review these City of Santa Clara Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by City of Santa Clara to you shall terminate.
You understand that Santa Clara Free WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of Santa Clara Free WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of Santa Clara Free WiFi . For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by City of Santa Clara, you must provide all equipment, technology and software to use Santa Clara Free WiFi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. CITY OF SANTA CLARA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CITY OF SANTA CLARA DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
UNDER NO CIRCUMSTANCES SHALL EITHER CITY OF SANTA CLARA OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL CITY OF SANTA CLARA'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF CITY OF SANTA CLARA IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. In addition, City of Santa Clara and its suppliers will not be responsible for any damages, losses, expenses or costs that Customer suffers AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF THE CITY OF SANTA CLARA, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to Customer's data, website, computers, or networks.
You agree to hold harmless and indemnify the City of Santa Clara, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of Santa Clara Free WiFi, 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, the City of Santa Clara will provide you with written notice of such claim, suit or action.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through Santa Clara Free WiFi, file a notice. To file a notice of copyright notice with us, please send a written communication by fax or regular mail. Provide information reasonably sufficient to permit the City of Santa Clara to contact you (email address is preferred).
These City of Santa Clara Terms of Service will be governed by and construed in accordance with the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision or portion of the City of Santa Clara Terms of Service to be unenforceable, the remainder of the City of Santa Clara Terms of Service will continue in full force and effect.
These City of Santa Clara Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Santa Clara Free WiFi . Any waiver of any provision of the City of Santa Clara Terms of Service will be effective only if in writing and signed by the City of Santa Clara.