You may use the service and technology provided to you by JMARK for the sole purpose of accessing the Internet and certain online services. You may not use the JMARK Public Wi-Fi for any other reason, including reselling any aspect of the Public Wi-Fi service. Other examples of improper activities include, without limitation:
- Modifying, adapting, translating, or reverse engineering any portion of the JMARK Public Wi-Fi network;
- Attempting to break security, access, tamper with or use any unauthorized areas of the JMARK Public Wi-Fi;
- Attempting to collect or maintain any information about other users of the JMARK Public Wi-Fi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
- Creating or transmitting unwanted electronic communications such as “spam,” or bulk commercial messages to other users or otherwise interfering with other user’s enjoyment of the service;
- Engaging in any activity that infringes or misappropriates the intellectual property, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
- 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;
- Distribution and/or proliferation of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
- 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; or
- Using JMARK Public Wi-Fi for any unlawful, harassing, abusive, criminal or fraudulent purpose.
JMARK has the right to monitor, intercept and disclose any transmissions over or using our facilities, services or product, and to provide user information, or use records, and other related information under certain circumstances, including in response to lawful process orders, subpoenas, or warrants, or to protect JMARK’s rights, users, or property.
CHANGES IN TERMS OF SERVICE PUBLIC WI-FI; TERMINATION
We may modify or terminate the JMARK Public Wi-Fi service and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate the service with or without notice. Please review the JMARK 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 JMARK to you shall terminate.
You understand and agree that JMARK 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 JMARK or the public.
You understand that JMARK Public Wi-Fi, 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 JMARK Public Wi-Fi. You agree that you are responsible for providing security measures that are suited for your intended use of JMARK Public Wi-Fi. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, other than the Wi-Fi signal provided by JMARK, you must provide all equipment, technology and software to use JMARK Public Wi-Fi. All JMARK Public Wi-Fi users should have up-to-date antivirus software installed on their computers.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. JMARK 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. JMARK DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER JMARK OR ITS OFFICIALS, REPRESENTATIVES, EMPLOYEES, AGENTS OR AFFILIATES 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 AND WHETHER OR NOT FORESEEABLE. In addition, JMARK and its officials, representatives, employees, agents or affiliates will not be responsible for any damages, losses, expenses or costs that you suffer 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 JMARK, 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 your data, web-site, computers, or networks.
You agree to hold harmless and indemnify JMARK, its officials, representatives, employees, agents or affiliates from and against any third party claim arising from or in any way related to your use of JMARK Public Wi-Fi, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
These JMARK Terms and Conditions of Service will be governed by and construed in accordance with the laws of the State of Missouri. If for any reason a court of competent jurisdiction finds any provision or portion of the JMARK Terms and Conditions of Service to be unenforceable, the remainder of the JMARK Terms and Conditions of Service will continue in full force and effect. These JMARK Terms and Conditions of Service constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding JMARK Public Wi-Fi. Any waiver of any provision of the JMARK Terms and Conditions of Service will be effective only if in writing and signed by the acting President of JMARK.