South Country Library Wireless Terms of Service and Acceptable Use Policy
Access to the Service
The Service is a free public service provided by South Country Library. Your
access to the Service is completely at the discretion of South Country Library,
and your access to the Service may be blocked, suspended, or terminated at any
time for any reason including, but not limited to, violation of this Agreement,
actions that may lead to liability for South Country Library or its owners,
disruption of access to other Users or networks, and violation of applicable
laws or regulations. South Country Library may revise this Agreement at any
time. You must accept this Agreement each time you use the Service and it is
your responsibility to review it for any changes each time.
Acceptable Use of the Service
South Country Library supports the free flow of information and ideas over the
Internet. Your access to the Service is conditioned on legal and appropriate
use of the Service. Your use of the Service and any activities conducted online
through the Service shall not violate any applicable law or regulation or the
rights of South Country Library, or any third party.
The use of the Service for the following activities is prohibited:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using
the Service or using the Service for activities that invade another's' privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual
property rights of others, including patents, copyrights, trademarks, service
marks, trade secrets, or any other proprietary right of any third party.
Obscene or Indecent Speech or Materials
Using South Country Library's to advertise, solicit, transmit, store, post,
display, or otherwise make available obscene or indecent images or other
materials. South Country Library will notify and fully cooperate with law
enforcement if it becomes aware of any use of the Service in any connection
with child pornography or the solicitation of sex with minors.
Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available
defamatory, harassing, abusive, or threatening material or language that
encourages bodily harm, destruction of property or harasses another.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to
mask the originator of the message.
Hacking
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.
Distribution of Internet Viruses, Trojan Horses, or
Other Destructive Activities
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of
service attacks. Also, activities that disrupt the use of or interfere with the
ability of others to effectively use the Node or any connected network, system,
service, or equipment.
Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product,
product, or service that is designed to violate this Agreement, which includes
the facilitation of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
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.
Other Illegal Activities
Using the Service in violation of applicable law and regulation, including, but
not limited to, advertising, transmitting, or otherwise making available ponzi
schemes, pyramid schemes, fraudulently charging credit cards, pirating
software, or making fraudulent offers to sell or buy products, items, or
services.
Resale
The sale, transfer, or rental of the Service to customers, clients or other
third parties, either directly or as part of a service or product created for
resale.
Notice of Violations of the AUP
South Country Library requests that anyone who believes that there is a
violation of the AUP direct the information to:
Agent to Receive Notification of Copyright Infringement
Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material posted on Internet
sites infringes their rights under U.S. copyright law. If you believe in good
faith that items, information or other materials appearing on the Service
infringes your copyright, you (or your agent) may send South Country Library'
Designated Agent a notice requesting that the item, information or material be
removed, or access to it blocked. You can contact South Country Library's
Designated Agent at:
Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or error-free;
(ii) that viruses or other harmful applications may be available through the
Service; (iii) that South Country Library does not guarantee the security of
the Service and that unauthorized third parties may access your computer or
files or otherwise monitor your connection; (iv) that South Country Library's
and that its owners ability to provide the Service without charge is based on
the limited warranty, disclaimer and limitation of liability specified in this
Section and it would require a substantial charge if any of these provisions
were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN
CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES,
CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE
CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY,
QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES
PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR
ORAL OR WRITTEN STATEMENTS BY South Country Library, OR OTHERWISE (INCLUDING,
BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY
OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL South Country Library, ITS owners, THEIR SUPPLIERS
OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED
ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT
NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA,
CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE
SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED
TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING
OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO
EVENT WILL THE AGGREGATE LIABILITY THAT South Country Library OR ITS owners MAY
INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT
THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER
APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS.
Indemnity
You agree to indemnify and hold harmless South Country Library, its owners, and
its and their suppliers and licensors, officers, directors, employees, agents
and affiliates from any claim, liability, loss, damage, cost, or expense
(including without limitation reasonable attorney's fees) arising out of or
related to your use of the Service, any materials downloaded or uploaded
through the Service, any actions taken by you in connection with your use of
the Service, any violation of any third party's rights or an violation of law
or regulation, or any breach of this agreement. This Section will not be
construed to limit or exclude any other claims or remedies that South Country
Library may assert under this Agreement or by law.
Arbitration
You agree to submit any and all controversies or claims arising out of or
relating to this Agreement or the existence, validity, breach or termination
thereof, whether during or after its term, to an arbitrator. The arbitrator
may, at either party's request, grant injunctive relief. The arbitral award
will be the exclusive remedy of the parties for all claims, counterclaims,
issues or accountings presented or plead to the arbitrator. Judgment upon the
arbitral award may be entered in any court that has jurisdiction thereof. Any
additional costs, fees or expenses incurred in enforcing the arbitral award
will be charged against the party that resists its enforcement. Nothing in this
Section will prevent the parties from seeking interim injunctive relief against
one another.
Interpretation
This Agreement shall not be construed as creating a partnership, joint venture,
agency relationship or granting a franchise between the parties. Except as
otherwise provided above, any waiver, amendment or other modification of this
Agreement will not be effective unless in writing and signed by the party
against whom enforcement is sought. If any provision of this Agreement is held
to be unenforceable, in whole or in part, such holding will not affect the
validity of the other provisions of this Agreement. South Country Library's
performance of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement shall waive or impede South Country
Library's right to comply with law enforcement requests or requirements relating
to your use of this Service or information provided to or gathered by South
Country Library with respect to such use. This Agreement constitutes the
complete and entire statement of all terms, conditions and representations of
the agreement between you and South Country Library with respect to its subject
matter and supersedes all prior writings or understanding.