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TERMS AND CONDITIONS FOR USE OF "CITYOFCOV" WI-FI SYSTEM
BY ACCESS TO AND UTILIZATION OF CITYOFCOV WI-FI SYSTEM THE USER ACKNOWLEDGES AND EXPRESSLY AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS FOR SUCH USE:
1. Access to CityofCov.
Access to CityofCov service is at the sole discretion of CityofCov, and may be blocked, suspended or terminated at any time, with or without cause.
 
2. Prohibited activities.
The use of CityofCov for the following activities is prohibited:
A. Spamming and Invasion of Privacy.
Sending of unsolicited bulk and/or commercial messages over the Internet using CityofCov using the CityofCov for activities that invade another’s privacy.
B. 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 a third party.
C. Obscene or Indecent Speech or Materials.
Using CityofCov to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. CityofCov will notify and fully cooperate with law enforcement agencies if it becomes aware of any use of the CityofCov in any connection with child pornography or the solicitation of sex with minors.
D. Defamatory or Abusive Language.
Using the CityofCov to transmit, post, upload, or otherwise make available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm.
E. Forging of Headers.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
F. 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.
G. Distribution of Internet Viruses, Trojan Horses, or Other Corruptive Activities.
Distributing information regarding the creation of and sending internet viruses, worms, trojan horses, pinging, flooding, mailbombing, or denial of service attacks, including CityofCov activities that disrupt the use of or interfere with the ability of others to effectively use CityofCov or any connected network, system, service, or equipment.
H. Facilitating a Violation of these Terms and Conditions.
Advertising, transmitting, or otherwise making available any software product, or service that is designed to violate these terms and conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
I. 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.
J. Other Illegal Activities.
Using CityofCov in violation of applicable laws and regulations, 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.
K. Resale.
The sale, transfer, or rental of CityofCov to customers, clients or other third parties, either directly or as part of a service or product created for resale.
 
3. Reporting violations.
Persons having knowledge of violation of these terms and conditions should report same to WiFi@CityofCovington.org
 
4. Indemnification.
The user shall fully indemnity and hold CityofCov, the City of Covington and their respective elected officials, officers, employees, agents, contractors, successors and assigns harmless from and against, and shall promptly reimburse any of them for, any and all losses, claims, damages, settlements, costs and liabilities of any nature whatsoever, including reasonable attorneys’ fees, to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with the user’s use of CityofCov or any breach of these terms and conditions.
 
5. Disclaimer.
User acknowledges (i) that CityofCov may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the use of CityofCov; (iii) that CityofCov does not guarantee the security of its service and that unauthorized third parties may access user’s computer or files or otherwise monitor user’s connection; (iv) that CityofCov’s ability to provide its services without charge is based on the limited warranty, disclaimer and limitation of liability specified in these terms and conditions and it would require a substantial charge if any such provisions were unenforceable. CITYOFCOV AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH CITYOFCOV 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 CITYOFCOV, GOODS OR PERSONNEL RESOURCES PROVIDED THEREBY, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CITYOFCOV OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED.

6. Consequential damages.
UNDER NO CIRCUMSTANCES WILL CITYOFCOV, THE CITY OF COVINGTON, THEIR RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF USER (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF USER’S SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON CITYOFCOV, 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.

7. Governing law.
Any dispute arising out of the use of CityofCov shall be governed by the laws of the State of Georgia.
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