Public Wi-Fi Terms of Service
Any individual accessing and using a City of Washougal (hereafter "City") Public Wi-Fi accepts without limitation or qualification, the City's Wi-Fi Policy (hereafter "Policy").
The Service is a free public service provided by the City and its Hosts who provide Nodes and bandwidth ("Hosts"). Your access to the Service is completely at the discretion of the City, 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 this Agreement, actions that may lead to liability for the City, disruption of access to other Users or networks, and violation of applicable laws or regulations. The City may revise this Agreement at any time. By clicking “Continue to the Internet”, you accept this Agreement, and it is your responsibility to review it for any changes each time.
The City supports the free flow of information and ideas over the Internet. Although the City has and accepts no obligation to monitor your use of the Service nor edit or censor content transmitted (via email, downloading, uploading, posting, or otherwise) through the Service, your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of the City, its Hosts, or any third party.
The use of the Service for the following activities is prohibited:
Spamming & Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's' privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Obscene, Indecent Speech or Materials
Using the City's network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The City will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
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.
Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment.
Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations
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.
Other Illegal Activities
Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that the City does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the City's and that its Hosts ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable. 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, functionality, 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, 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 warranties, so the above exclusions may not apply to you.
You agree to indemnify and hold harmless the City, its Hosts, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that the City may assert under this Agreement or by law.
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with Washington law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. The City's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the City's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the City with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the City with respect to its subject matter and supersedes all prior writings or understanding.