Rock Region METRO Free WiFi Terms of Use Policy

Rock Region Metropolitan Transit Authority Free WiFi Terms of Service

You are about to access the Internet through the Rock Region Metropolitan Transit Authority (“Rock Region Metro”) free Wi-Fi High Speed Internet Service (“Free WiFi”), operated by Rock Region Metro. You may use Rock Region Metro’s Free WiFi only if you agree to be bound by the following terms and conditions (“Terms of Service”) each time you access it. If you agree with and accept the terms listed, please click the “I Accept” button.

Network Terms of Service

Rock Region Metro is pleased to provide Free WiFi to you in accordance with the following Terms of Service. These terms and policies may be changed from time to time, therefore it is suggested that you read the Terms of Service each time you log on to the Rock Region Metro Free WiFi Network (“Network”). By clicking the acceptance/continue button, you acknowledge that you have read and agree to these Terms of Service, which are legally binding.

Open Resource/Parental Concerns

The Network is intended for use by persons 18 years or older, or with permission and supervision of a parent or guardian. The Network may only be used for lawful purposes, and Rock Region Metro takes no responsibility and does not accept liability for any of its Network user’s activities that violate the law (including copyright law). Thus, the Network is open and Network users may access Internet sites that may be harmful, graphic, or offensive because the Network does not filter or block any sites. Adults are expected to regulate their own Internet usage and Rock Region Metro is not responsible for policing the Internet or for an Internet user’s activity online. Network administrators maintain Free Wi-Fi so that Rock Region Metro users may find all that is offered online in the way of business and research. Rock Region Metro upholds and affirms the right of adults to have access to constitutionally-protected materials and means of expression. You agree that the Rock Region Metro is not liable for any action or inaction with respect to any such content on the Internet accessible through the Free WiFi Network. Accepting the Terms of Service constitutes a representation that you are at least 18 years or older or otherwise have permission and supervision of a parent or guardian in the access and use of the Free WiFi Network.

Security Disclaimer

The Network is a free, open, public-access network. Like most public WiFi systems, the Network is not secured, and communications over the network may be subject to interception by unauthorized third parties. Although Rock Region Metro uses reasonable efforts to provide you with a reliable service, your use of Network is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the Network.

Prohibited Uses

WiFi Network users may not use the Network for the commission of harmful or illegal activities, including, but not limited to, the following:

• Hacking into any system;
• Introducing any virus, worm, spyware, Trojan horse or other program or code into any computer, computer system, software or disks;
• Modifying, adapting, translating, or reverse engineering any portion of the Rock Region Metro Free WiFi;
• Attempting to break security, access, tamper with or use any unauthorized areas of the Rock Region Metro Free WiFi, which includes accessing non-public portions of Rock Region Metro Free WiFi, such as usernames, passwords, and/or email addresses of other users;
• Any activities intended to aid any crime, including identity theft or credit card theft, and including the exploitation of minors, or child pornography;
• Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications;
• Downloading, uploading, accessing, streaming, posting, emailing, transmitting or otherwise making available any materials that infringe any patent, trademark, trade secret;
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations including, but not limited to the U.S. Export Administration Regulations and Executive Orders;
• Participating in or committing telecommunications fraud;
• Any activities which will damage, disable, vandalize or otherwise harm computer equipment or software; and
• Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity.

Privacy Policy

The Rock Region Metro’s Privacy Policy describes how we treat personal information when you use Rock Region Metro’s services. You understand and agree that Rock Region Metro 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 Rock Region Metro or the public. Information provided will be added to our database for notification of service related issues or updates. No WiFi provider can offer absolute privacy while on the Internet and transactions may be monitored for your protection against illegal or fraudulent acts. Accordingly, you have no expectation of privacy in the use of Rock Region Metro’s Free WiFi Network. We have 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).

Using Rock Region Metro Free WiFi

You are responsible for implementing your own security protections while using the Network suited for your intended use. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, in the event you become aware of any unauthorized use of the Network or any other breach, you agree to immediately notify us.

Other than the technology provided by Rock Region Metro, you must provide all equipment, technology and software to use Rock Region Metro Free WiFi. Specifically, in order to use the Network, you must have a WiFi-capable device that: (a) meets U.S. and other applicable technical standards; (b) is compatible with the Network; (c) runs the IP protocol; and  (d) is configured to obtain web addresses automatically. The WiFi device must be in close enough proximity to Network wireless access points to achieve connectivity with the Network. It is understood that the Network is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by: (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and the Network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error.

The Network may also be interrupted, refused, limited or curtailed for these reasons. Rock Region Metro is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Actual network speed and other performance will vary. In order to maintain acceptable levels of service for all Network users and to improve this service, we reserve the right to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Network users.

Service may be suspended or terminated for any reason. There is no right created to use this WiFi service.

Disclaimers

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND USER’S USE THEREOF IS AT ITS OWN RISK. ROCK REGION METRO 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. ROCK REGION METRO DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Rock Region Metro expressly disclaims any responsibility or liability for your use of the Network and for any lack of security that may result from your use of the Network.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER ROCK REGION METRO OR ITS EMPLOYEES, AGENTS, AND 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 ROCK REGION METRO’S OR ITS SUPPLIERS’ CUMULATIVE LIABILITY EXCEED THE FEES PAID BY USER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF ROCK REGION METRO IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

In addition, Rock Region Metro and its suppliers will not be responsible for any damages, losses, expenses or costs that a user 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 ROCK REGION METRO, 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 user’s data, website, computers, or networks.

Indemnity

You agree to hold harmless and indemnify Rock Region Metro, its employees, agents, suppliers and licensors from your use of the Network or the Internet or from and against any third party claim arising from or in any way related to your use of Rock Region Metro Free WiFi, including any liability or expense arising from all claims, suits, judgments, litigation costs, attorneys’ fees, losses, and damages arising, either directly or indirectly, from your use of the Network or the Internet, specifically including any direct, indirect, actual, incidental, consequential, exemplary, special, or punitive damages. You agree to hold Rock Region Metro, its employees, agents, suppliers, and licensors harmless for the loss of any file, data or other information while using Free WiFi, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

Intellectual Property Policy

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 Rock Region Metro Free WiFi, file a notice. To file a copyright notice with us, please send a written communication by fax or regular mail. Provide information reasonably sufficient to permit the Rock Region Metro to contact you (email address is preferred).

Miscellaneous Provisions

These Rock Region Metro Terms of Service will be governed by and construed in accordance with the laws of the State of Arkansas. If for any reason a court of competent jurisdiction finds any provision or portion of the Rock Region Metro Terms of Service to be unenforceable, the remainder of the Rock Region Metro Terms of Service will continue in full force and effect. These Rock Region Metro Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Rock Region Metro Free WiFi. Any waiver of any provision of the Rock Region Metro Terms of Service will be effective only if in writing and signed by Rock Region Metro.

Changes in Rock Region Metro Terms of Service and Rock Region Metro Free WiFi; Termination

You agree that Rock Region Metro may for any reason and without notice to you, modify or terminate the Free WiFi Network and these Terms of Service without liability to you, any user, or any third party. We urge you to review these Terms of Service each time you use Rock Region Metro’s Free WiFi so that you will be aware of any of these modifications. Upon any such termination, any and all rights granted by Rock Region Metro to you terminate immediately.