By using the City of Dover's free Wi-Fi Internet Service ("CoD WiFi"), you agree to be bound by the following terms and conditions ("Dover Terms of Service"), which are a binding agreement between you and the City of Dover (“City”). You represent that you are of legal age to agree and be bound by this agreement. . IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE CoD WI-FI SERVICE.
Personal Use Only
You may use the WiFi network provided to you by the City of Dover for the sole purpose of Internet access as described here. You must immediately notify us of any unauthorized use of the CoD WiFi or any other security breach. We will give you an IP address each time you access the CoD WiFi and it may change. You may not use the CoD WiFi for any other reason, including reselling any aspect of the CoD WiFi. Other examples of improper activities include, without limitation:
Modifying, adapting, translating, or reverse engineering any portion of the CoD WiFi
Attempting to break security, access, tamper with or use any unauthorized areas of the CoD WiFi
Attempting to collect or maintain any information about other users of the CoD WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes
Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service
Using the CoD WiFi network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The City of Dover will notify and fully cooperate with law enforcement if it becomes aware of any use of the CoD WiFi in any connection with child pornography or the solicitation of sex with minors.
Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity
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
Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature
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; or
Using CoD WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose. We have the right to monitor traffic and log connections for devices using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property)
Changes in City of Dover Terms of Service and CoD WiFi; Termination
We may modify or terminate the CoD WiFi and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice.
Review the City of Dover Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by City of Dover to you shall terminate.
You understand that CoD WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of CoD WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of CoD WiFi . For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by City of Dover, you must provide all equipment, technology and software to use CoD WiFi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. CITY OF DOVER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CITY OF DOVER DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER CITY OF DOVER OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL CITY OF DOVER'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF CITY OF DOVER IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, City of Dover and its suppliers will not be responsible for any damages, losses, expenses or costs that Customer suffers AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF THE CITY OF DOVER, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to Customer's data, website, computers, or networks.
You agree to hold harmless and indemnify the City of Dover, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of CoD WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the City of Dover will provide you with written notice of such claim, suit or action.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through CoD WiFi, file a notice. To file a notice of copyright notice with us, please send a written communication by regular mail to: City of Dover/ Law Director/ 110 East 3rd Street Dover, OH. 44622. Provide information reasonably sufficient to permit the City of Dover to contact you (email address is preferred).
These City of Dover Terms of Service will be governed by and construed in accordance with the laws of the State of Ohio. If for any reason a court of competent jurisdiction finds any provision or portion of the City of Dover Terms of Service to be unenforceable, the remainder of the City of Dover Terms of Service will continue in full force and effect. VENUE WITH REGARDS TO ANY DISPUTE SHALL BE IN Tuscarawas County and the Tuscarawas County Court of Common Pleas.
These City of Dover Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding CoD WiFi . Any waiver of any provision of the City of Dover Terms of Service will be effective only if in writing and signed by the City of Dover.