Public Wi-Fi Terms of Service

By using the City of Upland's Public Wi-Fi Internet Service ("Upland Public Wi-Fi" or the “Service”), you agree to be bound by the following terms and conditions ("Upland Terms of Service"), which are a binding agreement between you and the City of Upland (“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 UPLAND PUBLIC WI-FI. Continued use of the City’s Wi-Fi will be deemed to be agreement to the Terms of Service. Public Wi-Fi is provided as an additional service for residents and visitors to City facilities and is provided on a best effort basis with support provided only during regular business hours.

Personal Use Only
You may use the Wi-Fi network provided by the City of Upland for the sole purpose of Internet access as described here. Your access to the service is conditioned upon legal and appropriate use of the service. You must immediately notify the City of any unauthorized use of the Upland Public Wi-Fi or any other security breach. We will give you an IP address each time you access the Upland Public Wi-Fi, and it may change. Specific Internet ports and protocols are disabled on the wireless network in order to limit bandwidth, prevent abuse, and/or protect City network resources. Time limits and bandwidth limits on wireless access are enforced to ensure that all have the opportunity to use Internet resources.

Your use of the Upland Public Wi-Fi and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of the City of Upland or any third party.  The use of the Upland Public Wi-Fi for the following activities is prohibited:

• The sale, transfer, or rental of the Upland Public Wi-Fi to customers, clients, or other third parties, either directly or as part of a service or product created for resale;
• Modifying, adapting, translating, or reverse engineering any portion of the Upland Public Wi-Fi;
• Attempting to break security, access, tamper with or use any unauthorized areas of the Upland Public Wi-Fi;
• Attempting to collect or maintain any information about other users of the Upland Public Wi-Fi (including usernames and/or email addresses) or other third parties for any 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;
• 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 Upland Public Wi-Fi for any unlawful, harassing, abusive, criminal, or fraudulent purpose.

Changes in City of Upland Terms of Service and Upland Public Wi-Fi; Termination
The City may modify or terminate the Service and/or these Terms of Service and any accompanying policies, for any reason, and without notice. Upon any such termination, any and all rights granted by City of Upland to you shall terminate.

Administrative Monitoring and Privacy Policy
The City has the right to monitor the Upland Public Wi-Fi at all times.  By using this service you expressly consent to such monitoring.  If you do not wish to consent to such monitoring, exit this system now. Additionally, the City may provide user information, use records, and/or other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect the City’s rights, users, or property).  
You understand and agree that City of Upland may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of City of Upland or the public.

Disclaimers
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 of Upland 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 of Upland's ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Agreement 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 ANY WARRANTIES OF ANY KIND. THE CITY OF UPLAND 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, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CITY OF UPLAND 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 THE CITY OF UPLAND BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS, OR LOSS OF BUSINESS RELATING TO PROVIDING THE SERVICE OR THESE TERMS OF SERVICE REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers.

Indemnity
You agree to hold harmless and indemnify the City of Upland and its hosts, licensors, officers, directors, employees, agents, and affiliates from and against any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising from or in any way related to your use of Upland Public Wi-Fi, any materials downloaded or uploaded through Upland’s Public Wi-Fi, any actions taken by you in connection with your use of the Upland Public Wi-Fi, any violation of any third party’s rights or a 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 of Upland may assert under this Agreement or by law.

Intellectual Property Policy
It is the City’s 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 Upland Public Wi-Fi, you may send the City of Upland’s designated agent a notice requesting that the item, information, or material be removed or access to it blocked. To contact the City’s designated agent, please send a written communication by regular mail to: City of Upland/ City Attorney/ 460 N Euclid Ave, Upland, CA. 91786. Provide information reasonably sufficient to permit the City of Upland to contact you (email address is preferred).

Miscellaneous Provisions
These City of Upland Terms of Service will be governed by and construed in accordance with the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision or portion of the City of Upland Terms of Service to be unenforceable, the remainder of the City of Upland Terms of Service will continue in full force and effect. These City of Upland Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Upland Public Wi-Fi. Any waiver of any provision of the City of Upland Terms of Service will be effective only if in writing and signed by the City of Upland.