Terms of Use of Wireless Network and Disclaimer

The City provides wireless network access and use as a privilege, not a right. By logging on to the City of Hamilton’s wireless network you are agreeing to be bound by the current version of these Terms of Use. Please read these Terms of Use carefully. You will be asked to accept or reject them before you are permitted access to this wireless network. Your access or use of the network is conditional upon your accepting these Terms of Use. It is your responsibility to review the Terms of Use for any changes.

Any person who accesses or uses the wireless network is personally responsible and liable for his or her own actions and use. Access and use of the internet and all internet services such as email shall be at your own risk.

Your access to the wireless service is at the complete discretion of the City of Hamilton, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these Terms of Use or actions that may lead to liability for the City of Hamilton. The City of Hamilton may revise these Terms of Use at any time.

Scope

This policy applies to all wireless network devices utilizing the City of Hamilton’s IP address range (including private IP address space) and all network users of such devices. Printer access is not directly available via the wireless network. City employee may access printing services by connecting to the internal City network.

The Network Support section within the City’s Information Technology Services is responsible for the configuration and maintenance of the wireless network infrastructure, up to and including wireless access points, authentication and security provisions for wireless access.

The City is not responsible for supporting connections to the wireless network made by the Public. Technical support (staff assistance) will not be provided for non-City standard equipment.

Where the City has tried to ensure wireless access is available in the area designated users may encounter occasional “dead zones” possibly as a result of a weak signal or too many users connected.

No warrantee

THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE 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, SECURITY, FUNCTIONALITY, RELIABILITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY The City of Hamilton, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL EITHER THE CITY OF HAMILTON 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 THE CITY OF HAMILTON OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF THE CITY OF HAMILTON IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES.

In addition, the City of Hamilton 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, misdeliveries, or Service interruptions;
(iv) ANYTHING BEYOND THE REASONABLE CONTROL OF THE CITY OF HAMILTON, 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, web-site, computers, or networks.

Indemnity

You agree to hold harmless and indemnify the City of Hamilton, their representatives, employees, agents, affiliates, suppliers and licensors from and against any third party claim arising from or in any way related to your use of the City of Hamilton’s wireless network, 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.

Compatibility

Each user is responsible for ensuring the proper equipment is setup for wireless connectivity. Access to the City’s wireless network requires a wireless access card supporting IEEE WiFi standard 802.11b or 802.11g. The City is not responsible for and cannot guarantee use of the wireless network with each user’s equipment.

Access and authentication

All City employees will be required to provide authentication credentials (username and password) when using the wireless network to access internal network services. Access to Internet services using the wireless network requires you to accept these Terms of Use however does not require a username and password be provided.

Privacy

Messages sent over the Internet may not be private. Encryption technology is available to help secure communications but is the responsibility of the user to install and configure the software if required. The City accepts no liability for the user’s equipment or network falling prey to ‘hackers’ or interception of communications. The City does not recommend users of any wireless network transmit any sensitive personal information, passwords, or credit card information over the wireless network.
Subject to privacy laws the City is authorized to collect information about you and your use of the wireless network. The information collected will be used to determine usage patterns and other associated planning activities and will not be shared with any other organization without your prior informed permission.

Fees, charges and payment

There is no fee or charge associated with access to the City of Hamilton’s wireless network, therefore there is no guarantees, warranties or service level assurance associated with the wireless network.

Internet content may be unreliable, offensive, etc.

The Internet offers access to a wealth of material that can be personally and professionally enriching. Be warned, however, that it is an unregulated environment containing information and opinions that range in scope from reliable and authoritative to harmful, controversial, extremely offensive or inflammatory. Some information found on the Internet may not be accurate, complete, or current and may be subject to change without notice. Reliance upon any material on the Internet shall be at your sole risk: all such material should be verified independently before you use or rely on it. The City is not responsible or liable for the content or quality of material retrieved and makes no warranty, express or implied, as to any material found on the Internet. In addition, the City shall not be held responsible or liable for server, hardware, or software settings, Internet transmission, monitor settings or website design and construction that produce incomplete or inaccurate data, material and information that maybe received and/or displayed on your Internet browser.

Parents responsible for supervising their minor children's internet use

The City recognizes the concerns about the potential harm caused to minor children when they are exposed to criminal, obscene or hate material on the Internet. However, the supervision of minor children using the Internet is the responsibility of their parents or guardians. Parents and guardians are expected to be, and shall be responsible for providing guidance and control of a minor child’s access to and use of the wireless network, email and the Internet. Any restriction or prohibition of a minor's access and use of the wireless network, email or Internet that is beyond the scope of these Terms of Use shall be the responsibility and liability of the minor child's parent or guardian.

Internet and wireless network are not secure

You are warned that (a) the Internet is not a secure medium and third parties may be able to obtain information about user activities; and (b) the wireless network is not secure and other users may be able to gain unauthorized access to, and contaminate, interfere with or otherwise harm your hardware or software. You shall accept responsibility for ensuring the use of current operating system patches, anti-virus and anti-spy-ware products, computer firewall, and other protective hardware and software while accessing and using the wireless network. The City shall not be responsible or liable for the security or privacy of your access and use of the wireless network or for any unauthorized access and/or resultant harm to your hardware or software.

Third party sites

References, links, hyperlinks and advertising contained on any City, or third party website are not approval, endorsements, or support of either the City for the third party or for the third party's goods and/or services. The City shall not be responsible or liable nor is any responsibility or liability assumed for incompatibility, loss of privacy, invasion of privacy, privacy disputes, non-suitability, viruses, loss of service, or any other problem of any kind arising from or in connection with the third party, the third party's website or the third party's goods and/or services.

Compliance with laws

Internet users are subject to federal, provincial and municipal laws regulating Internet use including, but not limited to, the provisions of the Criminal Code regarding obscenity, child pornography and incitement of hate and sedition. Internet users are also subject to decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission (CRTC) or any other regulatory body with jurisdiction over wireless Internet service.

The copying or distribution of material found on the Internet may infringe on copyright or other intellectual property rights and the City shall not be responsible or liable for such activities. Use of the wireless network for illegal or unethical purposes is prohibited and may result in civil and/or criminal prosecution. By logging on to the wireless network, you agree to comply with all laws and regulations applicable to you, including but not limited to, the laws already referred to in this paragraph and all confidentiality, privacy and security laws.

Prohibited activities

Users are prohibited from, without limitation;

• Misrepresenting themselves as another user including the forging of message or packet headers whether in whole or in part.
• Attempting to modify or gain access to files, passwords, or data belonging to others.
• Attempting to collect or maintain any information about other users on the City’s network, including wireless users.
• Damaging or altering City, or other user's data, databases, information, hardware or software.
• Interfering with network integrity or security including modifying, adapting translating or reverse engineering any portion of the City of Hamilton’s network.
• Willfully disrupting network services of this or any other network.
• Gaining unlawful access to any site, network or host,
• Posting unlawful content, downloading software, applications, files, pictures, videos, music including viruses.
• Distributing 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 the City of Hamilton or 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.
• Using this wireless service for any unlawful, harassing, abusive, criminal or fraudulent purpose. We have the right to monitor, intercept and disclose any transmissions over or 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).
• Sending spam or bulk or threatening emails or to hack websites, networks (including wireless), servers or computers or other devices.
• Contaminating any other computer, device, hardware or software with viruses, worms, spy-ware, phishing, or in any other way.
• 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.
• Transferring technology, software, or other materials in violation of applicable export laws and regulations.
• Reselling any aspect of the wireless service provided by the City of Hamilton.
• Behaving disruptively or threatening to others.
• Conducting yourself inappropriately on the Internet.

Obey rules

You and all other Internet users must comply with these Terms of Use and any other rules posted in the City regarding use of this network, including rules about time restrictions (where applicable). The City reserves the right, at its sole and absolute discretion, to terminate or drop or disconnect an Internet session at any time and for any reason whatsoever. Misuse of the Internet and/or misuse of your access and use of the network, including, but not limited to, your failing to comply with these Terms of Use, may result in any or all of the following: temporary or permanent expulsion from the facility, loss of network privileges, and/or civil and/or criminal prosecution.

All users are expected to use the City of Hamilton’s wireless network in a legal and responsible manner.

These Terms of Use constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the City of Hamilton’s wireless service. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the City of Hamilton.