Adopted: April 21, 2015

These Wi-Fi Terms & Conditions of Use govern your use of the Boys & Girls Club of Greater Westfield Wi-Fi service.

Boys & Girls Club of Greater Westfield reserves the right to modify these Wi-Fi Terms by posting new versions on this website as well as the right to provide additional notice of significant changes. Your continued use of the Service following such changes constitutes your acceptance of those changes.

Before using the Service, please read these Wi-Fi Terms carefully. Your access to, and use of, the Service represents your agreement to these Wi-Fi Terms. IF YOU DO NOT AGREE WITH THESE WI-FI TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.

Terms & Conditions Of Use

The Service provides you with wireless access to the Internet via certain high-speed Internet access points located in certain areas of the Boys and Girls Club which are owned, operated and/or managed by Boys & Girls Club. Boys & Girls Club of Greater Westfield does not in the normal course of business, but reserves the right to proactively monitor the activities of those who use the Service and/or exercise control over any material transmitted, hosted or posted using the Service to ensure that users comply with these Wi-Fi Terms and/or the law. Your access to the Service is completely at the discretion of Boys & Girls Club and your access and use of the Service may be prevented, blocked, suspended, or terminated any time for any reason by Boys & Girls Club including, but not limited to, service disruptions, maintenance of the Service, your violation of this Agreement, your actions that may lead to cyber risk for the Boys & Girls Club, or your violation of applicable laws or regulations.

You acknowledge and agree that the Service is not secure; that Boys & Girls Club has no responsibility to secure the Service, and that your use of the Service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Service. Anti-virus and security protection are your sole responsibility.

You take full responsibility for your use of the Service and the Internet. Boys & Girls Club, including its employees and personnel, shall not be responsible for any non-member minor's use of the Service. Parents or guardians are solely responsible for restricting and monitoring their minors' access or use of the Internet through the Service. You shall respect all copyright laws and licensing agreements pertaining to software, music and other resources obtained or accessed via the Internet.

TEMPORARY INTERRUPTIONS/Modifications to the Service / Updates to these Wi-Fi Terms

Boys & Girls Club reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that the Boys & Girls Club will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service and hereby release Boys & Girls Club from any and all damages, liabilities, costs and/or expenses of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such modification, suspension or discontinuance of the Service.

You acknowledge and agree that temporary interruptions of the Service may occur and that Boys & Girls Club will not be liable for such interruptions. You further acknowledge and agree that Boys & Girls Club has no control over third party networks that may be accessed by you during your use of the Service, and that delays and disruptions of other network transmissions are beyond Boys & Girls Club’s control. Boys & Girls Club will not be liable for any failure of performance due to any cause beyond Boys & Girls Club’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or any equipment used by you to access and/or use the Service.

General Use Restrictions

The Service is provided on a non-exclusive basis solely for your use (unless otherwise specifically stated in these Wi-Fi Terms) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Service, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Service.

All information, documents, products, and software (the "Materials") provided as part of, or in connection with, the Service were provided by or to Boys & Girls Club are the property of Boys & Girls Club and/or the applicable Third Party Providers. Except as expressly stated in these Wi-Fi Terms, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission. In addition to violating these Wi-Fi Terms, unauthorized use of any Materials provided with or through the Service may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

Without limiting anything set out elsewhere in these Wi-Fi Terms, any failure by you to adhere to the rules, guidelines or agreements governing the use of any search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services to which you have access through the Service will be deemed a violation of these Wi-Fi Terms.

The Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to Boys & Girls Club network or to the network of any other IP service provider. You shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.

Boys & Girls Club of Greater Westfield has a zero tolerance policy regarding use of the Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use the Service to harm or intimidate a minor. Boys & Girls Club complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of these Wi-Fi Terms and Boys & Girls Club reserves the right to seek damages and other available relief against you, as applicable. Examples of such violations include, but are not limited to, the following activities:

sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);

using another site's mail server to relay mail without the express permission of the site;

using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;

using IP addresses that you do not have a right to use;

collecting the responses from unsolicited electronic messages;

maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;

sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Service or the Internet (e.g., through language, frequency, size or otherwise);

sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

using distribution lists containing addresses that include those who have opted out;

sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;

forging headers or identifiers in order to disguise the origin of e-mail;

use of redirect links in unsolicited commercial e-mail to advertise a website or service;

posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;

posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information;

sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Boys & Girls Club network or of the networks with which Boys & Girls Club interconnects;

intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;

knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; and

using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate these Wi-Fi Terms or the terms of use of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

The Service may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of Boys & Girls Club’s or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:

intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;

hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

impersonating others in order to obtain another user's account password or other personal information;

using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;

using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;

distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;

falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;

knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

engaging in the transmission of pirated software;

with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the Service or using your account for the purpose of operating a server of any type;

using manual or electronic means to avoid any use limitations placed on the Service;

gaining unauthorized access to private networks; and

violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service.

Submissions

Unless otherwise explicitly stated in these Wi-Fi Terms, any content provided by you in connection with your access to, or use of, the Service shall be deemed to be provided on a non-proprietary and non-confidential basis. Boys & Girls Club of Greater Westfield shall have no obligation of any kind with respect to such content. You acknowledge that you are responsible for the content that you submit, and you, not Boys & Girls Club, have full responsibility for such content, including their legality, reliability, appropriateness and originality.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOYS & GIRLS CLUB OF GREATER WESTFIELD, ANY THIRD PARTY PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR THE MATERIALS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BOYS & GIRLS CLUB OF GREATER WESTFIELD OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, BOYS & GIRLS CLUB’S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO BOYS & GIRLS CLUB BY YOU FOR USE OF THE SERVICE.

Indemnity

You agree to indemnify, defend and hold Boys & Girls Club, Third Party Providers and its and their agents, suppliers, licensees, successors or assigns and its and their officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service or the Materials; (c) your breach or alleged breach of these Wi-Fi Terms; and/or (d) your violation of the rights of any third party. Without limiting anything set out in these Wi-Fi Terms, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connection with these Wi-Fi Terms and/or any use by you of the Service.

Liability of USER

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST BOYS & GIRLS CLUB AND/OR ANY THIRD PARTY PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.

Local Laws & Export Control

Boys & Girls Club controls and operates the Service from the United States and makes no representations or warranties that the Materials or the Service are appropriate or available for use in other locations. If you access/use the Service or the Materials from other locations, you agree to assume sole responsibility for compliance with applicable local laws, including but not limited to, the export and import regulations of other countries, and acknowledge that access to the Services and/or the Material may not be legal by certain persons, or in certain countries. Unless otherwise explicitly stated, any marketing or promotional materials provided with or through the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations and that diversion of such Materials contrary to U.S. law is prohibited. You further agree that none of the Materials, nor any direct product derived therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Boys & Girls Club, and you must comply with the list, as it may be amended from time to time. By accessing and using the Service, you certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to strictly comply with all applicable export laws, restrictions and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of, any product, technology or information you obtain or acquire in connection with the Service in violation of any such laws, restrictions or regulations.

U.S. Government Rights

Materials are provided with the following restrictions: use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of Boys & Girls Club’s and/or the applicable Third Party Provider's proprietary rights in them.

General

These Terms constitute the entire agreement between you and Boys & Girls Club with respect to your access to, and use of, the Service. The failure of Boys & Girls Club of Greater Westfield to exercise or enforce any right or provision of these Wi-Fi Terms shall not constitute a waiver of such right or provision. If any provision of these Wi-Fi Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Wi-Fi Terms, which shall remain in full force and effect.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Wi-Fi Terms should be directed to Boys & Girls Club of Greater Westfield Executive Director, William Parks at bparks@bgcwestfield.org. Where possible, include details that would assist Boys & Girls Club in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).