By using our complimentary Wi-Fi internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the public internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer. Accordingly, you agree that The Salty Donut and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided. Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network. You must acknowledge and accept this agreement each time you use the complimentary Wi-Fi service and it is your responsibility to review it for any changes each time by visiting www.saltydonut.com/wirelesstermsofuse. This is an open wireless network. No network communication is ever 100% secure. Please remember: NO network communication should be considered private or protected. All communication over the The Salty Donut Customer Wi-Fi Network is subject to monitoring. The Salty Donut reserves the right to reduce throughput or access as need be at any time without notice. Your use of the complimentary Wi-Fi Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of The Salty Donut, or any third party. The Salty Donut cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, or illegal Internet communications while using the service.
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 Wi-Fi Service; (iii) that The Salty Donut does not guarantee the security of the Wi-Fi Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection. THE USE OF THE SERVICE FOR THE FOLLOWING ACTIVITIES IS PROHIBITED: Spamming and Invasion of Privacy of Others, Violating Intellectual Property Law, Transmitting Obscene or Indecent Speech or Materials, Transmitting Defamatory or Abusive Language, Hacking or Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. If you choose to use other services (such as an application or website) while using this WiiFi Service, your use of those services will be governed by the terms and conditions provided to you in association with those services. Your access to the Service is completely at the discretion of the The Salty Donut. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for The Salty Donut, disruption of access to other users or networks, and violation of applicable laws or regulations. The Salty Donut reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at discretion of The Salty Donut, including sharing the information with any law enforcement agencies, The Salty Donut partners and/or vendors.
The Salty Donut does not exercise control over other services you may use while using this Wi-Fi Service. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.
that the Service may not be uninterrupted or error-free;
that your device may be exposed to viruses or other harmful applications through the Service;
that The Salty Donut does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
that The Salty Donut’s 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 Salty Donut, 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.
1. YOUR RESPONSIBILITIES; PROPER USEYou must have a wireless-enabled device to connect to this Wi-Fi Service. We will assign you a temporary non-public IP address each time you access this Wi-Fi Service. You may not program any other IP or MAC address into your device that accesses this Wi-Fi Service. You may not use this Wi-Fi Service for improper activities. Examples of improper activities include, without limitation:
1.1 modifying, adapting, translating, or reverse engineering any portion of This WiFi;
1.2 reselling, renting, sharing or distributing any aspect of this Wi-Fi Service;
1.3 attempting to break security, access, tamper with or use any unauthorized parts of this Wi-Fi or any third party devices, accounts, equipment or networks;
1.4 removing any copyright, trademark or other proprietary rights notices contained in or on this Wi-Fi Service;
1.5 attempting to collect or maintain any information about other users of this Wi-Fi Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
1.6 logging onto this Wi-Fi Service under false or fraudulent pretenses;
1.7 creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Wi-Fi Service;
1.8 using this Wi-Fi Service to transfer technology, software or other materials in violation of applicable export laws and regulations;
1.9 transmitting content that falsely expresses or implies that it is sponsored or endorsed by The Salty Donut, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
1.10 transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
1.11 using this Wi-Fi Service to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
1.12 using this Wi-Fi Service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
You are responsible for your conduct and the conduct of anyone who uses this Wi-Fi Service via your device while at the Salty Donut. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect The Salty Donut or any other person from harm).
2. ACCEPTABLE USE OF THE SERVICE
2.1You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.2 are defamatory, threatening, intimidating or which could be classed as harassment;
2.3 contain obscene, profane or abusive language or material;
2.4 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.5 contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
2.6 contain material which infringe third party’s rights (including intellectual property rights);
2.7 in our reasonable opinion may adversely affect the manner in which we carry out our work;
2.8 are bulk and/or commercial messages;
2.9 contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
2.10 are activities that invade another’s privacy; or
2.11 are otherwise unlawful or inappropriate;
2.12 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.
2.13 You must not use the service to access 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.
2.14 You must not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software.
2.15 The Service is intended for The Salty Donut customer use only. Access to this Service must not be used for commercial activity.
2.16 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.5 above.
2.17 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
2.18 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.
2.19 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.
2.20 Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent 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.
2.21 The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
2.22 Export Control Violations
2.23 Using the Service in violation of applicable law and regulation, 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.
2.24 Uttering threats;
2.25 Distribution of pornographic materials to minors; and Child pornography.
2.26 High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)
2.27 Obscene or indecent speech or materials
2.28 Defamatory or abusive language
2.29 Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
2.30 Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
2.33 Distribution of Internet viruses, Trojan horses, or other destructive activities
2.34 Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, 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.
2.36 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.
2.37 Seeking information on passwords or data belonging to another user.
2.38 Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
2.39 Intercepting or examining the content of messages, files or communications in transit on a data network.
3. CRIMINAL ACTIVITY
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offense, either in the United States or in any country throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we will monitor your activity while you use this service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. OTHER TERMS
4.1 Under no circumstances will The Salty Donut, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the Guest or its appointees (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.
4.2 You agree to indemnify and hold harmless The Salty Donut and its suppliers, 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 Salty Donut may assert under this Agreement or by law.
4.3 This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. 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.
4.4 The Salty Donut performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede The Salty Donut right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by The Salty Donut 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 Salty Donut with respect to its subject matter and supersedes all prior writings or understanding.
5. DISCLAIMER OF WARRANTIESThe Salty Donut, their employees, affiliates, suppliers or licensors disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through this Wi-Fi Service. The Salty Donut disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Salty Donut disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through this Wi-Fi Service. YOU UNDERSTAND AND AGREE THAT (A) THIS WiFi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THIS WiFi, (C) THE SALTY DONUT, LLC. HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THIS Wi-Fi SERVICE, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS WiFi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Without limiting the foregoing, under no circumstances will The Salty Donut parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
6. INDEMNITYYou agree to hold harmless and indemnify The Salty Donut from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of this Wi-Fi Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, The Salty Donut will provide you with written notice of such claim, suit or action. You understand that this WiFi Service, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. We will not be liable to you or any other party for any lack of security that may result from your use of this WiFi Service, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device.
By agreeing to the terms of service, I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE WI-FI SERVICE.
Please send any comments or questions via email to firstname.lastname@example.org or in writing to the mailing address below.
We hope you enjoy using this WiFi Service, and we welcome suggestions for improvements.
The Salty Donut, LLC.
303 North East 61st Street
Miami, Florida 33127 – USA
Last revised: December 2018 | FLORIDA TERMS | Version: 2.0 121918 (PUBLIC)