High Speed Internet Terms and Conditions
These High Speed Internet Access Terms and Conditions govern your use of High Speed Internet Access Services (“wireless local area network communications services,” “wired local area network communications,” and related services and features or the “Service”) provided to you as a guest of The Clinton Inn. By utilizing the Service, you agree to be bound by these Terms and Conditions and to use the Service in accordance with them.
1. Agreement Governing Use of Service.
THESE TERMS AND CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND, AMONG OTHER PROVISIONS, LIMIT OUR LIABILITY. PLEASE READ THEM CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE.
2. Acceptance of Terms and Conditions by Use/Activation.
BY USING/ACTIVATING THE SERVICE YOU REPRESENT YOU ARE OF LEGAL AGE AND YOU POSSESS THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, TO USE THE SERVICE IN ACCORDANCE WITH ALL TERMS AND CONDITIONS HEREIN, AND TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS.
You agree to be financially responsible for all of your use (as well as for authorized use of your account by others). You agree to supervise all usage of this Service by minors under your name or account. You also warrant that all information supplied by you in using this Service is true and accurate. If you do not agree to these Terms and Conditions, do not use the Service. Your electronic acceptance on our web site or your activation or use of the Service constitutes your acceptance of the Terms and Conditions. Your electronic acceptance of these Terms and Conditions shall have the same force and effect as if you had actually signed an Agreement to be bound by them.
3. Service Availability.
Service is only available at The Clinton Inn located in Clinton Michigan. Service is available only for the period of time for which you are a registered guest at The Clinton Inn. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is an estimate and is no indication of the speed at which the Service sends or receives data. Actual network speed will vary based on Service configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the Service.
4. Use of Service.
Unless otherwise set forth by us in writing, you are receiving single user access solely for your own use of the Service through one computer per login session. You agree not to resell or attempt to resell any aspect of the Service You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We will assign you an IP address each time you access the Service, and it will vary. You may not assign your log-in name, password or IP address to any other person or computer. You agree that we may access your computer to investigate activity that may be in violation of these Terms and Conditions; or to comply with law. You agree not to use or attempt to use the Service, the Clinton Inn network or website, or your computer for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
- violating any applicable law or regulation;
- Posting, downloading or transmitting content you do not have the right to post or transmit;
- Posting, downloading or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right;
- Posting, downloading or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion or in the discretion of law enforcement;
- 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 Service or any Clinton Inn website or computer systems and network;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- Attempting to access or search the Service or any Clinton Inn network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
- Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;
- Using or attempting to use the Service or any Clinton Inn website to send altered, deceptive or false source-identifying information;
- Interfering or attempting to interfere with the access of any user, host or network, including without limitation, either computer misuse, or the injection of malicious code including, but not limited to, viruses, worms, malware, spyware, Trojans, key loggers, backdoors, or any other code or software directed at another user, computer or computer network,, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service or any Clinton Inn website; or
- Impersonating or misrepresenting your affiliation with any person or entity.
If we suspect violations of any of the above, we may:
- institute legal action,
- immediately, without prior notice to you terminate the Service, and
- cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
We reserve the right to operate one or more monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms and Conditions, including but not limited to any of the activities described in this section 4. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms and Conditions, including but not limited to those activities described in this section 4 and any other activities that may subject us or our customers to liability. We disclaim any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your Unit.
5. Content Disclaimer: Cautions and Restrictions.
We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your unit or otherwise enable any software, including any “client” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
6. Disclaimer of Warranties.
ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES, AFFILIATES OR FRANCHISEES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. Some states do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you in whole or in part.
7. Limitation of Liability.
We shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control. EVEN IF WE OR ANY OF OUT AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART THE MAXIMUM AGGREGATE LIABILITY OF US AND ANY OF OUR AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICE FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE, SHALL BE TO RECOVER THE PRORATED CHARGES TO YOU FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
You agree to defend, indemnify and hold The Clinton Inn, Huffaker Homes LLC, Huffaker Group LLC, its affiliates and their franchisees, and their respective officers, directors, owners and employees, and any underlying carrier or network provider of the Service affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or your violation of these Terms and Conditions. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
9. Privacy and Security.
Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed, and we are not liable to you or any other person for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using the facilities related to the Service, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. You acknowledge that you are responsible for taking any such security or privacy precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible, in any way, for their effectiveness. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify us of any unauthorized use of your account or other security breach.
10. Governing Law.
Any dispute arising over the Service, your use of the Service, or these Terms and Conditions shall be governed by the laws of the State of Michigan without regard to its choice of law rules.