IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING WYE VIEW WIFI ACCESS
These terms and conditions (“Agreement”) constitute a legal agreement between you (“You” or “Your”) and Wye View Limited, whose principal place of business is situated at Cilgwrgan Fach, Llangurig, Llanidloes, United Kingdom SY18 6RX (“Wye View” or “We”) for provision of wireless internet access (“the Service”) whilst you remain a guest of Wye View.
BY ACCESSING AND/OR USING THE SERVICE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH WILL BIND YOU, YOUR PRINCIPAL(S), AND YOUR EMPLOYEES. YOU ALSO REPRESENT, BY ACESSING AND/OR USING THE SERVICE THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT WITH WYE VIEW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE ARE UNWILLING TO PROVIDE THE SERVICE TO YOU AND YOU MUST NOT ATTEMPT TO ACCESS AND/OR USE THE SERVICE.
The Service is provided to You free of charge, in consideration of Your adherence to this Agreement.
1. Extent of the Service
1.1 We do not recommend or endorse Your use of any websites, applications, or other internet related services (“Internet Services”). Your use of Internet Services is carried out entirely at your own risk.
1.2 Subject to clause 5.2, We have no responsibility for, or control over, the Internet Services You access and do not guarantee that any Internet Services are, or will be, error or virus free.
1.3 Subject to clause 5.2, We have no responsibility for, or control over, the information You transmit or receive via the Service. Data transiting over this wireless infrastructure may be visible to eavesdroppers.
1.4 We do not guarantee:
1.4.1 the availability of the Service;
1.4.2 the speed at which information may be transmitted or received via the Service; or
1.4.3 that the Service will be compatible with Your equipment or any software which You may use.
1.5 Whilst We take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, We do not guarantee the security of the information which You may transmit or receive using the Service or located on any equipment utilising the Service and You accept that it is Your responsibility to protect Your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of Your information and data.
1.6 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
1.7 Whilst We do not accept responsibility for the availability or quality of this Service (subject to clause 5.2), if you have any questions or issues then you may contact email@example.com
1.8 We reserve the right to monitor and log all internet activity for the purposes of both network diagnostics and for the investigation of malicious activity. We must be able to attribute this activity to an individual for the purposes of investigation. This monitoring information will be stored for no longer than six months and will only be used for these purposes. You agree and acknowledge that We may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
2. Your Use of the Service
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory words or images including, but not limited to, offensive words or images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which infringes third party rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which We carry out our business; or
2.1.7 are otherwise unlawful or inappropriate, as determined by us in our sole discretion.
2.2 Music, video, pictures, text and other content on the internet may be subject to copyright and You should not download, alter, e-mail or otherwise use such content unless You are certain that the owner of such works has authorised such use by You.
2.3 You must not violate the network security of this Service by any method, including: probing or scanning the network; monitoring of data traffic or data; or attempts to use/install tools/malware on the Service in order to violate network security.
2.4 You must not adapt, modify, decompile or reverse engineer any part of the Service.
2.5 You must not reveal your Service password to a third party.
2.6 We may terminate or temporarily suspend the Service if We reasonably believe that You are in breach of any provisions of this agreement including, but not limited to, clauses 2.1 to 2.3 above.
2.7 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
3. Illegal and Unlawful Activity
3.1 You must not use the Service to engage in any activity which constitutes a criminal offence or which may expose You or Wye View to civil liability.
3.2 You agree and acknowledge that We may keep a log of any devices which access the Service, the times when they have accessed the Service, and the activity associated with them.
3.3 You further agree that We are entitled (and may be obliged) to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal or unlawful activity by you which may include, but is not limited to, disclosure of such information as we may hold (whether pursuant to clause 3.2 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. Our Use of your Information
5.1 You agree to fully indemnify Wye View for any claims or legal action made or threatened against us by any third party arising out of Your use of the Service in breach of these terms and conditions, and in particular clause 2.1 to 2.5 and 3.1 above.
5.2 Nothing in this Agreement excludes or limits our responsibility for fraudulent misrepresentation, or for death or personal injury suffered as a result of our negligence.
5.3 Subject to clause 5.2, we accept no liability (to the extent permitted by law) to compensate you (whether or not we are negligent) for any:
- financial loss
- loss of profit
- loss of revenue
- loss of time
- anticipated savings
- loss of opportunity
- loss of data
- loss of business
- wasted expenditure
- loss of business interruption
- loss arising from disclosure of confidential information
- loss arising from or in connection with use of the Service or inability to use or access the Service or a failure, suspension or withdrawal of all or part of the Service at any time
- damage to physical property
in each case whether direct or indirect and whether or not we were advised in advance of the possibility of such loss or damage.
5.4 This Agreement is personal to the parties and shall not be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
5.5 This agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided.