Muir
Beach LAN Terms and Conditions of Use
Last
Updated: August 7, 2008
Muir
Beach LAN represents a local effort through Muir Beach LAN, LLC ("Muir Beach LAN or Muir Beach LAN, LLC") to make high-speed Internet
access available to residents of the remote community
of Muir Beach (the "Service"). A few comments about the Service:
- Service Provided
As Is, As Available: The Service is offered entirely on
an "as is," "as available" basis, and Service
may be interrupted at any time for any reason, and for any length
of time, including a permanent termination of service.
- Responsible
Use Required: Muir Beach LAN expects that its users will
use the Service in a responsible, lawful manner that does not infringe
upon the rights of any other.
- Privacy Policy: In
the course of providing this Service, Muir Beach LAN may come upon
and maintain records of billing information and other information
of a private nature. Muir Beach LAN does not intend to disclose
any such information to third parties except to comply with legal
process or in the event of an emergency.
Acceptance
of Terms Through Use of Service
By using this Service, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the "Terms
of Use"). If you do not agree to these Terms of Use, please
do not use this Service. If you wish to have us consider a future
revision to the Terms of Use, please contact us at service [at]
muirbeachLAN [dot] com and your request will be considered. We reserve
the right, at our discretion, to update or revise these Terms of
Use. Please check the Terms of Use periodically for changes. Your
continued use of this Service following the posting of any changes
to the Terms of Use constitutes acceptance of those changes.
Agreement
to Rules of User Conduct
All
use of the Service must be conducted in a responsible, lawful manner
that does not infringe upon the rights of any others. You
agree that you will not, intentionally or unintentionally, upload,
email, or otherwise distribute or facilitate distribution of any
content -- including text, communications, software, images, sounds,
data, or other information -- that:
- is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, vulgar, hateful
or otherwise objectionable;
- victimizes,
harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- is harmful
to minors (those under 18 years old);
- infringes
on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
- constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as spamming), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling; or
- contains
software viruses or any other computer code, files, programs or
changes in equipment settings that disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or damage or obtain unauthorized access to any data or other information
of any other party.
You
agree to use antivirus software on any computer connecting to this
Service. Antivirus software will have auto update enabled, have
a current subscription for updates to current virus definitions,
and be set to conduct a scan of your hard drive not less frequently
than weekly. Upon a request by Muir Beach LAN, you agree to provide
Muir Beach LAN with confirmation of settings and an active subscription
to an antivirus definitions service.
You
further agree to be solely responsible for the activity and conduct
of anyone that you permit to use this Service.
Termination
Muir
Beach LAN reserves the right, in its sole discretion, to terminate
your access to all or part of this Service, with or without notice.
Disclaimer
of Warranties
(Note - Text Required to be in All Capitals) ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CUSTOMER PREMISES
EQUIPMENT, ACCESS TO THE INTERNET AND OTHER SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS SERVICE (THE "SERVICE") ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MUIR BEACH LAN, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SERVICE IS SOLELY AT YOUR RISK.
Limitation of Liability
(Note - Text Required to be in All Capitals) UNDER NO CIRCUMSTANCES SHALL MUIR BEACH LAN, LLC, ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES,
EMPLOYEES OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MUIR BEACH
LAN, ITS OWNERS, AFFILIATES, EMPLOYEES OR INDEPENDENT CONTRACTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MUIR BEACH LAN, ITS OWNERS,
AFFILIATES, EMPLOYEES AND INDEPENDENT CONTRACTORS, IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Muir Beach LAN, LLC you agree to defend, indemnify,
and hold harmless Muir Beach LAN, LLC, its owners, members, managers, affiliates, employees
and independent contractors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of
this Service. Muir Beach LAN reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate
with Muir Beach LAN in asserting any available defenses.
Choice
of Law and Forum
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of California. You expressly agree that
the exclusive jurisdiction for any claim or action arising out of
or relating to these Terms of Use or your use of this Service shall
be filed only in the state or federal courts located in the State
of California, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
Severability
This agreement constitutes the entire agreement between you and
Muir Beach LAN with respect to this Service and supersedes all prior
or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and Muir Beach LAN with respect to this
Service. Should Muir Beach LAN choose to not enforce strict compliance
with any provision of this agreement, it should not be construed
as a waiver of its right to do so at any future time. If any part
of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect.
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