The El Dorado Transit’s Wi-Fi Service is a free unencrypted public wireless internet service provided to the commuters of El Dorado Transit. The El Dorado Transit Wi-Fi Service Acceptable Use Policy is intended to help enhance the use of the internet by preventing unacceptable use. You, as a user of this service, must comply with this Policy. By using the El Dorado Transit Wi-Fi Service, you acknowledge and agree to follow this Policy and the terms of this Policy as stated and have read and understand this policy. Your violation of this Policy may result in the suspension or termination of your access to the Service and/or other actions including but not limited to cooperation with legal authorities and/or third parties involved in the investigation of any suspected or alleged crime or civil wrongdoing. Access is not guaranteed and use of El Dorado Transit Wi-Fi is a courtesy extended by El Dorado Transit. El Dorado Transit reserves the right to deny or terminate access to anyone at any time. Usage may be restricted due to bandwidth limitations.
Indemnification
You agree to indemnify, defend, and hold harmless El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Service, your violation of this Agreement, or your violation of any rights of another.
- The El Dorado Transit Wi-Fi Service Acceptable Use Policy prohibits the following:
- Using the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rule or regulations promulgated thereunder.
- Using the Service to harm, or attempt to harm other persons, businesses or other entities.
- Using the Service to transmit any material that threatens or encourages bodily harm or destruction of property or harasses another.
- Using the Service to access, distribute, create, store or transmit pornography or sexually explicit material including but not limited to material which El Dorado Transit may deem to be offensive, indecent or obscene, or that is illegal according to local, state or federal law.
- Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.
- 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.
- Using the Service to transmit or facilitate any unsolicited commercial email or unsolicited bulk email.
- Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the El Dorado Transit’s Wi-Fi Service or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the access, corruption or loss of data.
- Using the Service to transmit any material 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.
- Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the Service.
- Using the Service for any activity which adversely affects the ability of other people or systems to use the El Dorado Transit Wi-Fi Service or the Internet. This includes “denial of service” (DoS) 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 network and device(s) are configured in a secure manner.
Disclaimer of Warranties and Limitation of Liability
SECURITY CONSIDERATIONS
Public wireless access is an insecure medium. As with most public wireless networks, any information being sent or received over El Dorado Transit Public Wi-Fi could potentially be intercepted by another wireless user. Users should not transmit sensitive personal information while using the wireless connection. Anyone using El Dorado Transit Public Wi-Fi understands that there can be no expectation of privacy when using the wireless network.
DISCLAIMER
El Dorado Transit is providing wireless connectivity to commuters as a public service and offers no guarantees or representations that use of the wireless connection is in anyway secure, or that any privacy can be protected when using this wireless connection. Use of this wireless connection is entirely at the risk of the user, and El Dorado Transit is not responsible for any loss of any information that may arise from the use of the wireless connection, nor is El Dorado Transit responsible for any loss, injury, or damages resulting from the use of the wireless connection.
LIMITATION OF LIABILITY
El Dorado Transit Public Wi-Fi is an unsecured public network and can transmit viruses from other users. El Dorado Transit advises users to utilize virus protection on connected devices. Furthermore, El Dorado Transit does not screen or restrict access to any content placed on or accessible through the Internet. El Dorado Transit also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that El Dorado Transit is not liable for any action or inaction with respect to any such content on the Internet accessible through the El Dorado Transit Public Wi-Fi. El Dorado Transit does not undertake the security of any data you send through the El Dorado Transit Public Wi-Fi and it is your responsibility to secure such data. El Dorado Transit staff will NOT assume any responsibility for personal hardware configurations, security or changes to data files resulting from connection to El Dorado Transit Public Wi-Fi. It is recommended that users make a backup copy of any settings before configuring their equipment for use on El Dorado Transit Public Wi-Fi. Users assume all associated risks and agree to hold El Dorado Transit harmless and its employees for any personal information (e.g., credit card) that is compromised, or for any damage caused to user’s hardware or software due to electric surges, security issues or consequences caused by viruses or hacking.
You assume total responsibility for use of the Service and the Internet and access the same at your own risk. El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, has no responsibility whatsoever for the content accessible or actions taken on the internet and the El Dorado Transit Wi-Fi Service network, and shall not be liable to you for any direct, indirect, incidental, special or consequential damages of any kind including but not limited to any loss of use, loss of business, and/or loss of profit, arising out of or related to this terms of service. Under no circumstances will El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of the El Dorado Transit Wi-Fi Service be liable to you or any third parties for any amount.
DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis. El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, makes no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose. No advice or information given by El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of the El Dorado Transit Wi-Fi Service shall create a warranty. El Dorado Transit and its affiliates, officers, employees, agents, suppliers, sponsors or other partners does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Representatives of the El Dorado Transit Wi-Fi Service reserve the right to revise, amend, or modify this Policy, other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.
Effective 01/24/17