Wi-Fi Terms of Use

1. DESCRIPTION OF SERVICE: This free Internet service is provided by Xtego Networks through a local ISP service connection for the purpose of being an added amenity, for the registered guests, (User) of a business/establishment (property), where the local area network is installed and maintained by the management. It is for the sole use of those registered guests, who provide their own computer or device, and that they understand that by utilizing this service, that they agree to and will abide by all of the following terms, conditions and limitations of its use. These Terms of Service may be updated or modified by Xtego Networks from time to time, in its sole discretion, and your continued use constitutes acceptance of such changes.

2. NETWORK: User understands that this is a public access NETWORK and even though a firewall is maintained on the network, that during the time the User computer or device is linked to the network, either by wired means or by 802.11b/g/n/ac wireless means, that they are subject to attacks in which malicious others can scan private data and/or load destructive programs to the User computer. User Acknowledges that there are risks associated with this access to the internet and hereby agrees to hold Xtego Networks, and the property on which the network is located, harmless and free from any liability arising from the use of the NETWORK and any detrimental results that may arise from that use.

3. DISCLAIMER; LIMITATIONS OF LIABILITY: Xtego Networks disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, expressed or implied, with regard to the information accessed from, or through Xtego Networks services, including all warranties of merchantability or fitness for a particular use, or non- infringement of any third-party rights. Xtego Networks does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed through the NETWORK. In no event shall Xtego Networks (or any persons or entities related thereto) be liable for any direct, special, indirect, or consequential damages associated with or arising from use of Xtego Networks services in any way, including, but not limited to, any loss of use, data or profits, regardless of the form of action.

4. INDEMNIFICATION OF NETWORK PROVIDER: User agrees to indemnify and hold Xtego Networks, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of use of the service provided to User, the violation of this Agreement, or infringement by User, or other User of the service using User’s computer, of any intellectual property or any other right of any person or entity.

5. INDEMNIFICATION OF PROPERTY: User agrees to indemnify and hold the property, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of use of the service provided to User, the violation of this Agreement, or infringement by User, or other User of the service using User’s computer, of any intellectual property or any other right of any person or entity.

6. UNLAWFUL ACTS OR PROHIBITED ACTIONS: At all times, and as a condition of use, User agrees to be in accordance with all these Terms of Service and in accordance with all federal, state, and/or local laws, ordinances and regulations governing such use. User agrees that they will not use the NETWORK for the following purposes and that if such use is detected that they will be subject to any and all civil penalties and/or criminal prosecutions as provided by law:

a. Use the Xtego Networks NETWORK in connection with the transmission of any duplicative or unsolicited messages (commercial or otherwise). For any such “spamming,” User agrees to pay for any damages arising from activity.
b. Transmit any material that you do not have a right to make available under any applicable law.
c. Defame, abuse, harass, stalk, threaten, victimize, degrade or otherwise violate the legal rights (such as rights to privacy or publicity) of others. Without limitation, no message or communication can infringe on the rights of others on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other reason.
d. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful information, such as, but not limited to items considered to be child pornography.
e. Upload files that contain software or other material protected by intellectual property laws (or rights of privacy of publicity) unless User owns or controls the rights thereto or have received consents to do the same.
f. Interfere with service to any other User, Host or Network.
g. Upload files that knowingly contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupter files, or any similar software programs that may damage the operation of the NETWORK.
h. Harvest or otherwise collect information about others, including e-mail addresses.
i. Create a false identity for the purpose of misleading others.
j. Falsify address information or otherwise modify e-mail headers to conceal the identity of any sender or recipient.
k. Use the Xtego Networks NETWORK to engage in activities that violate the terms or conditions of any other network access provider or ISP.

7. MODIFICATIONS and INTERRUPTION OF SERVICE: Xtego Networks reserves the right to modify or discontinue NETWORK access with or without notice to User. Xtego Networks shall not be liable to User or any third party should Xtego Networks exercise its rights to modify or discontinue access. User acknowledges and accepts that Xtego Networks does not guarantee continuous, uninterrupted or secure access to the internet and that operation of our NETWORK may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. OTHER TERMS: If any provisions of this Terms of Use Agreement shall be deemed unlawful, void or unenforceable for any reason, all other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

9. ENTIRE AGREEMENT: The terms of this agreement contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, whether written or oral. This agreement shall not be amended, modified, or supplemented except by a written instrument signed by both parties. By clicking the SUBMIT (OR “I AGREE”) button you are consenting to be bound by and become a party to this agreement.