WiFi Disclaimer and Terms of Use

WIFI

The City of West Linn (“City”) provides free wireless internet (“WiFi” or “Service”) in select City facilities and City parks.  You must provide all of your own equipment, technology and software to use the WiFi.  City staff cannot be responsible for assisting you in connecting to the WiFi or configuring your device.  By using this service, you acknowledge and agree that your use of this service is SOLELY AT YOUR OWN RISK. By using the Service, you also agree to all the terms in the following Disclaimer and Terms of Use.  The City may terminate your access to this Service if you use the free WiFi in violation of this Agreement.  If you do not understand and agree to this Disclaimer and Terms of Use you are not permitted to use this Service.

1.  Terms of Use.  The use of the Service for the following activities is PROHIBITED:

  • use of the service for any activity that violates any federal, state or local law;
  • attempting to break security, modify, reverse engineer or tamper with the Service;
  • spamming;
  • invasion of privacy of others;
  • violating intellectual property law;
  • transmitting obscene or indecent speech or materials;
  • transmitting defamatory or abusive language;
  • hacking or distribution of internet viruses, worms, trojan horses, or other destructive activities.

2.  Security Warning; Service “AS IS.”  The Service is an open network provided for your convenience, and its use is at your own risk. The City does not guarantee minimum internet connection speeds.  The Service is available to the general public, and it is NOT inherently secure. The City cannot and does not guarantee the privacy of your data and communication while using the Service.  The City makes no warranty that the Service or that any information, software, or other material accessible on the Service is free of viruses, worms, trojan horses or other harmful components. By connecting, the user acknowledges and knowingly accepts the potentially serious risks associated with public access to the internet and public use of an unsecured wireless network.

The City recommends that users take steps to protect their own computer system from potentially serious security risks, such as installing current anti-virus software and maintaining appropriate firewall protection. For further information on how to protect yourself on this open network, consult a security professional.

3.  Service provided “AS AVAILABLE;” Termination.  The Service is provided on an “as available” basis without warranties of any kind, either express or implied, including without limitation the IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and warranties of title and non-infringement.  All warranties are expressly disclaimed and denied. No advice or information given by the City, its affiliates, or contractors shall create a warranty.  The City reserves the right to modify, suspend or discontinue this Service at any time for any reason without prior notice.  Upon termination, all rights granted to you by the City shall terminate.

4.  Privacy.  You understand and agree that The City of West Linn may access, monitor, 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 the City or the public.

5.  Third Party Content. The Service offers access to numerous third party web pages and content available over the WiFi. Generally, the City has no control whatsoever over the content of such sites, does not exercise control over the content of web pages, and is unable to police all content. Third party content accessible through the Service is developed by people over whom the City exercises no control. Accordingly, the City assumes no responsibility for the content of any site.  In providing this free WiFi, the City reserves the right to monitor and restrict access to certain sites considered by the City to be illegal, malicious, obscene, or that create a hazard to the Service. 

6.  Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL EITHER THE CITY OR ITS OFFCIALS, REPRESENTATIVES, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, 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, the City 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, but not limited to, the following:

  • any interruption or failure of the Service;
  • downloading or use of any information, data or materials obtained via the Service;
  • any failure to complete a transaction on the internet using the service, or any loss of data due to delays, non-deliveries, mis-deliveries, or service interruptions;
  • anything beyond the reasonable control of the City, including but not limited to any interruption or failure of a third party's services, software, equipment or network;
  • any unauthorized use or modification of the WiFi or combination with other services, products or equipment;
  • viruses, worms, trojan horses, or other undesirable data or software;
  • attempt by unauthorized users (e.g., hackers) to obtain access to your data, web-site, computers, or networks; or
  • access to your data, web-site, computers or networks by unauthorized users.

7. Indemnity.  You agree to hold harmless and indemnify the City, 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 the WiFi, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, attorneys' fees at trial and on appeal, of every kind and nature.

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