PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WIRELESS INTERNET SERVICES. YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 9.
Welcome to the wireless Internet access system (“Wifi Service”) in this EveryoneActive site. The terms and conditions of this agreement (“Agreement”) shall govern the relationship between you (“User”) and Sports and Leisure Management Limited (“Company”) who operate the EveryoneActive sites. By requesting access to or making use of the Wifi Service, User agrees to be bound by this Agreement and to use the Wifi Service in compliance with this Agreement.
- Acceptance of Terms and Conditions of Use
- BY CLICKING ON “I AGREE” ON THE WIFI SERVICE SIGN-UP PAGE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND “I AGREE” on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on “I AGREE”.
- Fee for Wifi Service
- The Wifi Service is provided free of charge to members of EveryoneActive Online, subject to the terms of this Agreement. To access this service you will need your EveryoneActive logon details and password. If you do not currently have a logon then you can register and have immediate access to the service.
- Provision of Services
- User is responsible for providing all hardware and other equipment required to access and use the Wifi Service (a “unit”). Company recommends an 802.11b-compatible computer, computer card, and/or device to access the Wifi Service. You are responsible for ensuring the compatibility of your unit with the Wifi Service. The availability and performance of the Wifi Service is subject to all memory, storage and other Unit limitations.
- The Wifi Service is available to your device only when it is within the range of our Wireless LAN ‘HotSpots’ system.
- All Wifi Services are provided on an “as is” basis. The Company does not warrant that the Wifi Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Wifi Service.
- The Company will always try to make the Wifi Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. The Company is not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Wifi Service.
- The Company reserves the right to immediately, and without notice, suspend your access to the Wifi Service if the Company suspects that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
- Network speed is no indication of the speed at which your device or the Wifi Service sends or receives data. Actual network speed will vary based on unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
- The Company does not warrant that any particular virtual private network will be compatible with the Wifi Service.
- The Company will not supply any software to you in connection with the Wifi Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Wifi Service resulting from the use of such software packages, applications or configurations.
- Monitoring the Wifi Services
- The Company has no obligation to monitor the Wifi Service, but may do so and disclose information regarding use of the Wifi Service for any reason if the Company, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Wifi Service properly; or protect itself and its customers. Likewise, the Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
- Wireless systems, such as the Wifi Service, use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed. Company is not liable to User or any other party for any lack or invasion of privacy that may occur or be experienced while using the Wifi Service. User acknowledges that the Wifi Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. User further acknowledges that he/she is responsible for taking such precautions and providing such security measures best suited for User’s situation and intended use of the Wifi Service. User agrees to and hereby assumes all risks (including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses) arising from, connected to or resulting from User’s use of the Wifi Service.
- Use of Wifi Service
- The Wifi Service is not intended for tenant, vendor or business use and should not be used for business processes. The Company is not responsible for any impact to or interruption of business resulting from the use of the Wifi Service.
- User agrees not to use or attempt to use the Wifi Service for any fraudulent, unlawful, harassing, or abusive purpose or so as to damage or cause risk to the Company, its business, reputation, employees, other Users, equipment or any third person. Improper uses specifically include (but are not limited to):
- violating any applicable UK or EU law or regulation;
- posting or transmitting content User does not have the right to post or transmit;
- posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- posting or transmitting content that is unlawful, untrue, stalking, harassing, libellous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in the Company’s sole discretion;attempting to intercept, collect or store data about third parties without their knowledge or consent; accessing, tampering with or using non-public areas of the Wifi Service; attempting to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures; sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or Wifi Services, “pyramid schemes,” “spam,” “chain mail” or “junk mail”;
- impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Wifi Service;
- transmitting any material that contains software viruses or any other “mal-code” designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- interfering with or disrupting the Wifi Service or servers or networks connected to the Wifi Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Wifi Service.
- using the Wifi Service for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server;
- using the Wifi Service for voice content related Wifi Services including, without limitation, chat lines;
- using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it; or
- re-selling the Wifi Service.
- In the event that User violates this acceptable use policy, the Company may take any one or more of the following actions, or other actions not listed, at the Company’s sole discretion: (1) issue warnings: written or verbal; (2) temporarily suspend User’s access to the System; (3) permanently terminate User’s access to the System; and/or (4) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
- Access Limitations and Fair Use Policy
- It is not the intent of the Company to allow unlimited access to the entire internet. Video and audio streaming, file sharing and websites requiring high bandwidth demands on the Wifi Service shall not be permitted. Nor is it the intent of the Company to create a traditional or limited public forum (i.e., a free speech arena). Therefore, in providing this Wifi Service, the Company may restrict access to certain sites and communication protocols found to be malicious and inappropriate or terminate User’s access to this Wifi Service if User uses it to access pornographic, adult-oriented, hate or spyware matter or websites. User agrees and acknowledges this Wifi Service provides only limited access to the Internet. User agrees to waive any claims, including, but not limited to, claims that may arise from Company’s decision to block access to pornographic, adult-oriented, hate or spyware matter and websites through this Wifi Service. User also agrees not to use this Wifi Service in any unauthorized manner to download any copyrighted matter, whether in audio, video, photographic, textual or any other format, nor to download any pornographic, adult-oriented, hate or spyware matter, whether in audio, video, photographic, textual or any other format.
- The Company operates a “Fair Use Policy” whereby it reserves the right to restrict the User’s Wifi Service connection speeds or even terminate the session if excessive usage is incurred during a session. The Company currently defines “Excessive Usage” as being transmitting and receiving greater than 40 Mbytes per hour of connected time. The Company reserves the right to modify its definition of Excessive Usage in future revisions to this Agreement.
- Notice of Problems or Complaints
- If User experiences a problem accessing or using the Wifi Service, they should check with a member of Everyone Active staff if the Wifi service is available or not. If there are no known problems with the WiFi users should check with their own device service provider for advice.
- Disclaimer of Warranties and Limitation of Liabilityy
- EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY THE COMPANY, THE COMPANY DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO USER. THE COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. USER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE WIFI SERVICE AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL WIFI SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE WIFI SERVICE OR THE INTERNET.
- THIS WIFI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT WARRANT THAT THE WIFI SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO EXPRESS WARRANTIES. USER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR WIFI SERVICE PROVIDED THROUGH THE COMPANY OR THE INTERNET. USER EXPRESSLY ACKNOWLEDGES THAT THERE ARE RISKS, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY. THE COMPANY DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
- THE COMPANY AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM USER’S USE OF THE WIFI SERVICE OR THE INTERNET, SPECIFICALLY INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- Without prior notice, the Company may terminate this Agreement or User’s access to the Wifi Service for any reason, including, without limitation, if the Company, in its sole discretion, believes User has violated this Agreement.
- User agrees to defend, indemnify, and hold the Company harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of User’s use of the Wifi Service or of any violation by User of this Agreement. User further agrees to pay Company’s reasonable attorneys’ fees, experts’ fees and other costs in any action or claim under this Agreement.
- Company may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon the date of posting. User agrees to review the terms and conditions prior to each use of the Wifi Service to maintain awareness of any modifications. By continuing to use the Wifi Service after such postings, User agrees to accept and agree to any and all such modifications.
- Jurisdiction, Venue and Limitations
- This Agreement is governed by English law without regard to conflict of law provisions. The courts located in England & Wales alone have jurisdiction over all disputes arising out of or related to this Agreement and the Wifi Services. User consents to the personal jurisdiction of such courts sitting in England & Wales with respect to such matters. User further agrees, unless prohibited by law, that any controversy, claim, or dispute related to this Agreement or the Wifi Service must be brought by User within one (1) year of the date User is entitled to assert such claim.
- If any provision of these terms and conditions is held to be unenforceable, such holding will not affect the validity of any of the other provisions of these terms and conditions.
- Any failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
2 Watling Drive, Sketchley Meadows, Hinckley, Leicestershire, LE10 3EY , UK
Registration number: 2204085
Contact Number: 01455 890508
Document last updated: February 28th 2018