YMCA Wireless Hotspot Terms of Service and Acceptable Use
Terms of Service and Acceptable Use
Access to the Service
These Terms of Service and Acceptable Use constitute an agreement between you and the YMCA of Greater Dayton (referred to as "this Agreement"), governing your access to and use of wireless networks and associated services (collectively, "Service"). Your access to the Service is entirely at the discretion of the YMCA of Greater Dayton, and may be blocked, suspended, or terminated at any time for any reason. These reasons include, but are not limited to, violation of this Agreement, actions that may lead to liability for the YMCA of Greater Dayton, disruption of access to other users or networks, and violation of applicable laws or regulations.
The YMCA of Greater Dayton reserves the right to update or revise this Agreement at any time without prior notice. By accessing or using the Service, you acknowledge that you have read, understood, and accepted all the terms and conditions presented, and agree to be legally bound by them for the benefit of the YMCA of Greater Dayton and its affiliates. If you do not agree to this Agreement or do not understand it, you are not permitted to use the Service. Please note that the YMCA of Greater Dayton's building staff cannot provide technical assistance for connecting to our network, including any hands-on software or hardware troubleshooting, and cannot guarantee connection on every device, browser, or system.
Ability to Accept This Agreement
You affirm that you possess the legal authority to agree to this Agreement on your own behalf, as well as on behalf of any individuals and legal entities you represent, ensuring that all such parties are legally bound by this Agreement. This includes having the authority to accept this Agreement on behalf of the device owner, should you not be the owner yourself. By accessing or using the Service, you demonstrate your acceptance, along with that of any entities and the device owner you represent, to be unconditionally bound by this Agreement. Furthermore, you assert that you have the legal capacity to enter into this Agreement. If you do not have this capacity, you confirm that your parent(s) or legal guardian(s) have consented to your use of the Service and have accepted this Agreement on your behalf. If you do not agree with each term of this Agreement, or lack the authorization to agree to and accept it, you are prohibited from using the Service. The terms "you" and "your" in this Agreement refer to you personally, your parent or legal guardian (if applicable), and any entities or device owners you represent.
Communications and Content Monitoring
In providing and operating the Service, the YMCA of Greater Dayton may collect certain information about your usage, including but not limited to URLs accessed, search terms, application commands, file names, sizes, and types for HTTP or HTTPS transmissions. Additionally, YMCA of Greater Dayton may gather information regarding communications you participate in while using the Service. This may include, but is not limited to, the content mentioned above, and address details like email addresses or phone numbers involved in text messaging, especially when transmitted unencrypted.
The YMCA of Greater Dayton may utilize this content and communication-related information for several purposes, including:
• Filtering or blocking inappropriate content, such as adult content or pornography.
• Implementing security measures like logging and monitoring the Service to prevent unauthorized access.
• Ensuring a consistent level of service quality, including availability and speed, subject to the disclaimers and limitations outlined in this document.
• Troubleshooting and resolving potential and actual issues with the Service.
• Sharing information with law enforcement and government agencies when necessary or deemed appropriate, in line with legal requirements.
By using the Service, you acknowledge and consent unconditionally to the YMCA of Greater Dayton's collection, use, storage, and disclosure of your information as described in this Agreement and elsewhere within it. You understand that while YMCA of Greater Dayton may monitor content, communications, and activities on the Service, it is not obliged to do so. You also recognize your responsibility to be aware of the risks associated with transmitting communications and content over public communication channels, such as unsecured WiFi.
Privacy and Security
When you access or use the Service provided by YMCA of Greater Dayton, we may collect identifiable information related to you or your device. This information can include, but is not limited to, your device's MAC address, IP address, and any unique identifiers such as device names or numbers. Additionally, if accessing or using the Service requires a login, we may collect registration information like your name, phone number, and email address.
You are solely responsible for any loss, liability or damages resulting from your use of the Service. While YMCA of Greater Dayton takes measures to manage the Service, we do not make any guarantees regarding the privacy or security of your information, or that of the device used to access the Service. This includes any content or communications you engage with, access, send, receive, or use while using the Service. We cannot assure that such information will remain private or secure, and by using the Service, you acknowledge that YMCA of Greater Dayton only assumes the limited responsibilities for privacy and security as described in this Agreement.
You also acknowledge and agree that YMCA of Greater Dayton may obtain information about your use of the Service, including communications and content you engage in or send, receive, and/or access. While YMCA of Greater Dayton has the capability to monitor communications and activities on the Service, there is no obligation to undertake such proactive monitoring. By using the Service, you accept these conditions regarding privacy and security.
Acceptable Use of the Service
You are fully responsible for the device you use to access the Service and all activity undertaken through that device while it is accessing or using the Service, whether or not those activities were caused or authorized by you.
This Service is exclusively for use while you are a guest or associate at the YMCA of Greater Dayton facility, in accordance with the authorization you have been granted to access the Service and subject to this Agreement. You bear full responsibility for your use of this Service, including all content, information, or other materials you access or transmit via the Service, along with all associated risks.
Prohibited conduct includes, but is not limited to:
• Spamming and Invasion of Privacy: Sending unsolicited bulk or commercial messages over the Internet using the Service, or engaging in activities that invade others' privacy.
• Intellectual Property Right Violations: Engaging in activities that infringe or misappropriate the intellectual property rights of others.
• Obscene or Indecent Speech or Materials: Utilizing the network to distribute obscene or indecent materials, including involvement with child pornography or solicitation of sex with minors.
• Defamatory or Abusive Language: Transmitting defamatory, harassing, abusive, or threatening material or language.
• Forging of Headers: Misrepresenting message headers to disguise the message's origin.
• Hacking: Unauthorized access to computers, accounts, networks, or attempting to breach security measures.
• Distribution of Harmful Software: Distributing viruses, worms, Trojan horses, or engaging in other destructive activities like peer-to-peer file sharing.
• Facilitating Agreement Violations: Promoting activities that violate this Agreement.
• Export Control Violations: Transferring materials in violation of export laws and regulations.
• Other Illegal Activities: Engaging in illegal activities, including fraud, piracy, or making fraudulent offers.
• Threats: Using the network to transmit or store threatening material.
• Resale: Selling, transferring, or renting the Service without authorization.
Engaging in prohibited conduct or other improper use of the Service is strictly prohibited. Violations may result in civil or criminal liability. The YMCA of Greater Dayton reserves the right to investigate potential violations and to involve law enforcement in prosecuting users who engage in such violations.
Without limiting any other available right or remedy, the YMCA of Greater Dayton has the right to take appropriate action to protect against violations of this Agreement or abuse of the Service, including removing offending material, filtering, blocking access, and suspending or terminating the Service. We also reserve the right to investigate and cooperate with authorities regarding any suspected illegal or unauthorized activities involving this Service.
Termination of Service
The YMCA of Greater Dayton reserves the right to change, terminate, limit, or suspend the Service, either in whole or in part, at any time and for any reason. This includes the right to restrict or discontinue your access to or use of the Service. In the event of termination, your right to use the Service will cease immediately.
Agent to Receive Notification of Copyright Infringement Claims
Under the Digital Millennium Copyright Act of 1998 (DMCA), copyright owners who suspect that their material has been infringed upon via Internet sites have a legal recourse. If you believe that your copyright has been infringed upon through the use of this Service, you may file a notice of infringement.
To file such a notice with YMCA of Greater Dayton, please send a written communication by regular mail to the following address:
118 W. First Street, Suite 300, Dayton, OH 45402.
Ensure that your communication provides information that is reasonably sufficient to allow the YMCA of Greater Dayton to contact you regarding the claim.
DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YMCA OF GREATER DAYTON GUESTS, ASSOCIATES, AND SERVICE PROVIDERS, AS WELL AS EMPLOYEES OR GUESTS OF YMCA OF GREATER DAYTON, ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YMCA OF GREATER DAYTON DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; NON-INFRINGEMENT; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF YMCA Of GREATER DAYTON IS ON NOTICE OF SUCH PROBLEMS. YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THIS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YMCA OF GREATER DAYTON OR ITS AFFILIATES SHALL CREATE ANY WARRANTY OF ANY KIND. YMCA OF GREATER DAYTON DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR OTHERWISE.
LIMITATION OF LIABILITY OF YMCA OF GREATER DAYTON
YOU ACKNOWLEDGE THAT ANY COMMUNICATIONS OR INFORMATION ACCESSED, SENT OR RECEIVED DURING USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SERVICE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE YMCA OF GREATER DAYTON OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS (EXCEPT IN THEIR CAPACITY AS USERS OF THE SERVICE) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER NETWORKS ACCESSED OR OBTAINED THROUGH THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE YMCA OF GREATER DAYTON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, DATA THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YMCA OF GREATER DAYTON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONTENT MADE AVAILABLE VIA THE SERVICE, OR CONDUCT OF ANY USER OF THIS SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH YMCA OF GREATER DAYTON IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Attorney’s Fees
In the event of any legal action undertaken to enforce the terms of this agreement, it is agreed that each party will be responsible for their own attorney’s fees and related costs.
Jurisdiction
This Agreement and your use of the Service shall be governed by the laws of the State of Ohio, without regard to conflicts of law principles, and YMCA of Greater Dayton shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. The exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of Ohio, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service.
Indemnity
You agree to indemnify and hold harmless YMCA of Greater Dayton, 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 YMCA of Greater Dayton 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. 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. YMCA of Greater Dayton’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede YMCA of Greater Dayton’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 YMCA of Greater Dayton 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 YMCA of Greater Dayton with respect to its subject matter and supersedes all prior writings or understanding.
Entire Agreement
This Agreement constitute the entire agreement between you and YMCA of Greater Dayton regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and YMCA of Greater Dayton regarding its subject matter.
Severability
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of this Agreement shall remain in full force.
No Assignment
You may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of YMCA of Greater Dayton, which may be withheld in YMCA of Greater Dayton’s discretion. YMCA of Greater Dayton may assign this agreement and its rights and obligations under this Agreement without your consent.