This Terms of Service (the “Agreement”) is a legal agreement between the City of Lee’s Summit, Missouri, a municipal corporation with offices at 220 SE Green Street, Lee’s Summit, Missouri 64083 (“City”) and you (“You”) regarding Your use of Wi-Fi Lee’s Summit (“Service”). By accessing the Service, You accept this Agreement and any modifications that may be made to this Agreement. If You do not agree to any provision of this Agreement, do not access or use the Service.
Service. When You use the Service, advertisements may be displayed on Your Internet access device (personal computer, PDA, wireless phone, etc.) Such advertising messages are only displayed to devices connected to the Service. Because Your web browser retains local copies of (caches) web pages, You may sometimes continue to see Service messaging after disconnecting from the Service network. The City does not provide You with the equipment to access the Service. You may obtain equipment at Your sole cost and expense to amplify the Service within certain areas, buildings and/or structures. Should you wish to obtain such equipment, the City may assist You with specifications, compatibility, programming and/or configuration of such equipment. The City reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. City will not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. You may discontinue use of the Service at any time. City may terminate the Service, or this Agreement, or change any feature or functionality, for any reason or no reason at all at any time and without prior notice.
Your Responsibilities. You are responsible for Your account activity. City desires to promote responsible behavior in connection with use of the Service. The Service provides access to a vast array of networks and services. You must comply with all applicable laws when using the Service and Content. In general, You may NOT use the Service:
- In a manner which violates any law, rule, regulation or ordinance;
- To send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene, menacing, fraudulent or in breach of confidence, copyright, privacy or any other rights;
- To do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
- To insert or knowingly or recklessly transmit or distribute a virus, including by sending email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
- In a manner which interferes with the use and enjoyment of the Service by others;
- To hack into any aspect of the Service;
- To use the Service to harass, cause annoyance, inconvenience or needless anxiety to others;
- To use any domain name or mailbox name so as to infringe upon the rights of any other person;
- To send or provide any unsolicited advertising or other promotional material, commonly referred to as “spam” by email, webmail or other means;
- To conduct or participate in illegal gambling;
- To use the Service in any way which could be detrimental to any other user on the network; or
- To impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Termination. You may discontinue use of the Service at any time. The City may suspend or terminate the Service or this Agreement or change any feature or functionality, including limiting bandwidth, downloads or certain activity, for any reason or no reason at all.
DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer of Warranties. You understand and agree that use of the Service, as well as the internet generally, are at your sole risk. City and its suppliers disclaim any and all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement. You understand and agree that the Service and City software and/or hardware are provided “as is”. City makes no warranty that the Service will meet your requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free. City does not make any warranty as to the accuracy or reliability of any information obtained through the Service or that any defects in the Service will be corrected. Further, City does not warrant that the Service or the City servers are free of viruses or other harmful components. City also assumes no responsibility and shall not be liable for any damages to or viruses that may infect your hardware, software or other equipment or data.
Exclusion and Limitation of Liability. In no event will City or its suppliers be liable to You or any third party for any lost profits, use of user information, loss of data, business interruption, or other indirect, consequential, special or incidental damages of any nature arising from or relating to your use of the Service, use of the Service through Your account by anyone else, or assistance provided by City regarding equipment to amplify the Service, even if City has been advised of the possibility of such damages. In no case will City’s total cumulative liability to you and anyone who uses the Service through Your account, for any and all claims under any theory of law, exceed one hundred dollars ($100). You understand that these limitations of City’s and City’s suppliers’ liability are a fundamental part of this agreement.
Indemnity. You agree to defend, indemnify and hold harmless City from and against any and all claims, demands, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or in any manner related to your use of the Service.
Updates to the Agreement. City may occasionally update this Agreement. When this occurs, City will revise the “last updated” date on the Agreement. It is Your responsibility to review the most recent version of the Agreement and remain informed about changes to it. By continuing to use the Service, You agree and consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions and comprises the entire agreement between You and City regarding the Service.
Controlling Law, Jurisdiction, Waiver, Severability, Assignment and Binding Effect. This Agreement will be governed by the laws of the State of Missouri without regard to its conflicts of laws provisions. The state and federal courts having jurisdiction over matters within Jackson County, Missouri will have exclusive jurisdiction over all disputes arising out of this Agreement. The failure of City to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by City in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign this Agreement without the prior written consent of City. City may assign or transfer this Agreement without prior written consent. This Agreement shall be binding upon the respective parties hereto and their respective legal successors and permitted assigns.
Should you have any questions concerning this Agreement, or if you desire to contact City for any reason, please contact us.
This Agreement was last updated on October 27, 2008.