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Public WiFi Acceptable Use Policy

Issue Date / Effective Date

This policy is issued on May 17, 2021, with an effective date of May 18, 2021.

Access to Service

The Town of Erving provides free wireless Internet in select Town facilities for the public to use. Wireless Fidelity (WiFi) lets you access the Internet without cables or wires on your privately-owned Laptop, PDA or any WiFi enabled device.   It is important that you read the following information about our WiFi service.  Your use of our WiFi service constitutes your agreement to our terms and conditions of use.

Accessing this wireless network as a user is subject to the following terms:

  • Use of the Town of Erving WiFi service is entirely at your own risk and we will not accept any liability for any loss of any kind.
  • You acknowledge that our WiFi network is unsecured, and information sent over the network may be visible to others.
  • The Town of Erving is under no obligation to you to provide our WiFi service nor are we liable to you (or any third party) in any way if our WiFi service is not available for use.
  • The Town of Erving may terminate provision of our WiFi service without notice and at our sole discretion.
  • As the configuration of each manufacturer's device is unique, please refer to your documentation for connection instructions. The Town of Erving will not be responsible for assisting you in making changes to your devices.
  • The Town of Erving cannot guarantee that our WiFi network will be compatible with any device or hardware.
  • The Town of Erving is not responsible for your device’s or hardware’s inability to use or access our WiFi service caused by the state of your device or hardware.
  • The Town of Erving assumes no responsibility for user equipment or data when connecting to this wireless network.
  • The Town of Erving cannot be held responsible for the privacy or security of your activities.  It is most strongly recommended that you use a personal firewall and take due care when transmitting confidential information such as credit card details over the Internet.  For further information about online security go to www.getsafeonline.org.  We cannot be held responsible for any losses resulting from sending confidential information via the Internet.
  • The Town of Erving will assume no responsibility for the safety of your device for configurations, security, or data files resulting from connection to our WiFi service.
  • It is the sole responsibility of the wireless device owner/user to provide antivirus and malware protection and to configure your device settings to provide the appropriate security to control access from other wireless users and the Internet.  The Town of Erving will not accept any liability for damages incurred to your device or hardware for you using inadequate, incorrect, insufficient or incomplete security settings or by your failure to protect your device by using appropriate up to date software, nor are we responsible for any viruses or spyware which may be downloaded on to your device while using our WiFi service.
  • The Town of Erving may revise the Acceptable Use Policy at any time. 
  • You must accept this Agreement each time you use the Service, and it is your responsibility to review it for any changes each time. 

Acceptable Use of Service

The Town of Erving supports the free flow of information and ideas over the Internet. Although the Town of Erving has and accepts no obligation to monitor your use of the Service, nor edit or censor content transmitted (via e-mail, 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 Town of Erving, its Hosts, or any third party.

The following list is not exhaustive but is to provide a framework for activities which fall into the category of unacceptable use.  The use of the Service for the following activities are strictly prohibited:

  • Spamming and 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 or Indecent Speech or Materials: Using the Town of Erving’s network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The Town of Erving 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 make 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.
  • Hacking: 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, mailbombing, 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, mailbombing, 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 laws and regulations, 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.
  • Resale: 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

Notice of Violations of the Acceptable Use Policy

The Town of Erving requests that anyone who believes that there is a violation of the Acceptable Use Policy (AUP) direct the information to: it@erving-ma.gov.  

Agent to Receive Notification of Copyright Infringement Claims - The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringes your copyright, you (or your agent) may send the Town of Erving’s designated agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact the Town of Erving’s designated agent at: it@erving-ma.gov.
 

Disclaimer

You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be a threat through  Service use; (iii) that the Town of Erving 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 Town of Erving’s and 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 Town of Erving, 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.


No Consequential Damages

Under no circumstances will the Town of Erving, its hosts, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of customer, its appointees or its or their customers (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. In no event will the aggregate liability that the Town of Erving or its hosts may incur in any action or proceeding exceed $100. 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 indemnify and hold harmless the Town of Erving, 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 Town of Erving may assert under this Agreement or by law.

Interpretation

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 Massachusetts 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 Town of Erving’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Town of Erving’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 Town of Erving 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 Town of Erving with respect to its subject matter and supersedes all prior writings or understanding.

Acknowledgement Statement

“You acknowledge and agree that YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK, and to abide by all laws, rules, and regulations for the Town of Erving, the State of Massachusetts, and the Federal Government that are applicable to internet use. By using the Service (clicking I Accept), you agree to all terms set forth.”