User Terms & Conditions Southland Mall
SOUTHLAND MALL – USER TERMS AND CONDITIONS:
Managed by FatPort
Welcome to the FatPort Wireless Network!
FatPort, Skyboard Partnership Corporation (“FatPort”) is pleased to provide you with wireless access to the Internet. The purpose of the FatPort Wireless Network (the “Network”) is to allow a convenient way of accessing information and connecting with friends and colleagues. FatPort is not able to provide support to those unable to configure a wireless device to access the Internet and or does not provide personal computing operations support.
Please read the Security Warning, Disclaimer and Acceptable Use Policy below and click where indicated to accept the same to gain access.
A. SECURITY WARNING
The Network is a free open public wireless network provided for your convenience. It is available to the general public, and is NOT INHERENTLY SECURE. Your use of the Network is solely at your own risk. FatPort and its affiliates, agents and suppliers cannot and do not guarantee the privacy of your data and communications, or the security of your computer or device, while connected to or using the Network. There are potentially serious security issues with any computer connected to the Internet without the appropriate protection, ranging from viruses, worms and other programs that can damage a user's computer, to attacks on the computer by unauthorized or unwanted third parties. By connecting to and/or using the Network, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet over an unsecured network. It is highly recommended that you take steps to protect your own computer system, such as installing current anti-virus software, maintaining appropriate firewall protection and using VPN technology. For further information on how to protect yourself on this Network, it is recommended that you consult a computer security professional.
B. DISCLAIMER OF LIABILITY
This Network is provided "AS IS". The Network provides access to the Internet on an "AS IS" basis with all risks inherent in such access. FatPort and its affiliates, agents and suppliers make no warranty that the Network or that any information, software, or other material accessible on the Network is free of viruses, worms, Trojan Horses or other harmful components. By connecting to the Network, you acknowledge and accept the risks associated with public access to the Internet and use of an unsecured open public wireless network.
This Network is provided "AS AVAILABLE". The Network is provided on an “AS AVAILABLE” basis without warranties of any kind, either express or implied, that Network availability will be uninterrupted or error-free. The Network may be affected by vagaries of weather, disruption of service, acts of God, and other factors AND IS PROVIDED WITHOUT IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information which may be given by FatPort and its affiliates, agents and suppliers, or their respective employees, shall create any such warranties.
No Liability or Indemnity. Under no circumstances shall FatPort or its affiliates, agents and suppliers be liable for any direct, indirect, incidental, special, punitive or consequential loss or damage to personal equipment or software, or otherwise, that may result in any way from your use of or inability to use the Network or to access the Internet or any part thereof, or your reliance on or use of information or materials provided on or through the Network, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. You agree to indemnify and hold harmless FatPort and its affiliates, agents and suppliers from any claim, liability, loss, damage, cost, or expense (including without limitation legal fees and disbursements) arising out of or related to your connection to and/or use of the Network, any materials downloaded or uploaded through the Network, any actions taken by you in connection with your connection to and/or use of the Network, any violation of any third party's rights or any violation of law or regulation, or any breach of these Terms and Conditions of Use.
C. ACCEPTABLE USE POLICY
This Acceptable Use Policy ("Use Policy") is intended to help enhance the use of the Internet by preventing unacceptable use. All persons using the Network must comply with this Use Policy.
FatPort does not exercise editorial control over the content of any website, electronic mail transmission, newsgroup, or other material created over or through the Network, except for certain proprietary websites. However, FatPort may remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this Use Policy. FatPort may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Use Policy may result in the suspension or termination of your access to the Network.
VIOLATIONS OF THE FATPORT WIRELESS ACCEPTABLE USE POLICY
The following constitute violations of this Use Policy:
Illegal use. Using the Network to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, provincial, national or international law.
Harm to minors or others. Using the Network to harm, or attempt to harm, minors or any other persons in any way.
Threats and Harassment. Using the Network to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property or which harasses another.
Inappropriate/Unacceptable Use. Using the Network to permit, do or commit any act or thing that could or would degrade, tarnish, offend or deprecate the public image or reputation of FatPort or its affiliates, agents or suppliers or their respective products or services.
Fraudulent activity. Using the Network to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as (but not limited to) "pyramid schemes," "Ponzi schemes," and "chain letters."
Forgery or impersonation. Adding, removing or modifying identifying Network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
Unsolicited commercial email/unsolicited bulk email. Using the Network to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.
Unauthorized access. Using the Network to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FatPort’ wireless or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Copyright or trademark infringement. Using the Network to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Network disruptions and unfriendly activity. Using the Network for any activity which adversely affects the ability of other people or systems to use the Network or the Internet. This includes "Denial of service" attacks against another network host or individual user. Interference with or disruption of other Network users, Network services or Network equipment is prohibited. It is your responsibility to ensure that your own network is configured in a secure manner. You may not, through action or inaction, allow others to use your own network for illegal or inappropriate actions. You may not permit your own network, through action or inaction, to be configured in such a way that gives a third party the capability to use their own network to access the Network or other FatPort wireless networks.
Unauthorized sharing or distribution. Using the Network to distribute, resell or share a Network connection with someone.
Any Network activity that negatively affects the performance of the Network. Continuous uploading can hinder and disrupt Network operations. Such disruptive Network activity includes but is not limited to file sharing, streaming video, viruses and web hosting. FatPort retains the right to limit your connection or discontinue service to any user that disrupts Network activity.
REPORTING VIOLATIONS OF FATPORT WIRELESS USE POLICY
FatPort requests that anyone who believes that there is a violation of this Use Policy, please direct the information to firstname.lastname@example.org - If available, please provide the following information:
The date and time of the alleged violation.
A description and any evidence of the alleged violation.
ACTIONS FOR USE POLICY VIOLATIONS
Any of the following actions may be taken if in the sole discretion of FatPort, it is suspected or determined that you are in violation of this Use Policy or the associated Terms and Conditions.
Issue written or verbal warnings.
Suspend your account.
Throttle your connection speed.
Temporarily discontinue Network services.
Terminate your account.
Bill you for administrative costs and/or charges.
Bring legal action against you for violations and/or to collect damages.
REVISIONS TO THIS ACCEPTABLE USE POLICY
FatPort reserves the right to revise, amend, or modify this Use Policy and its other policies and agreements at any time and in any manner.
By clicking I ACCEPT below, you are acknowledging that you have read the Security Warning, Disclaimer of Liability and Acceptable Use Policy above and that you agree to all the foregoing Terms and Conditions of Use of the FatPort Wireless Network specified therein.
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