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MTC Community Connect Wi-Fi Agreement

 

To use MTC’s Community Connect Wi-Fi Internet service (the "Service") provided by Margaretville Telephone Company (“MTC”), you must agree to these Terms of Service.  Your use of the Service is your acknowledgement that you have read and agreed to these Terms of Service. By agreeing to these Terms of Service, you also:

 

  • Represent that you are of legal age to agree to these Terms of Service or have consent from your parent or legal guardian.

  • Agree to abide by MTC’s Acceptable Use Policy, which is incorporated by reference and made a part of these Terms of Service. 

  • Agree to abide by all of applicable MTC policies, copies of which are available on our website.

 

We reserve the right to change these Terms of Service at any time without prior notice to you by amending the online version posted on our website.  Any change(s) will be effective upon posting of the revised Terms of Service on our website.  Your continued use of the Service following any change(s) constitutes your consent to such change(s) and your agreement to be bound to the Terms of Service as so modified.

 

Acceptable Use of the Service

Access to MTC’ Community Connect service is completely at MTC’s discretion for current subscribers and visitors. 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 MTC or its employees, disruption of access to other users or networks, and violation of applicable laws or regulations. MTC may revise this agreement at any time. You must accept this agreement each time you use the Service and it is your responsibility to review it for any changes each time.

 

We reserve the right to change or terminate the Service or change this Agreement at any time. You are responsible for reviewing this Agreement each time you use the Service.

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The following list is not exhaustive but is to provide a framework for activities which fall into the category of unacceptable use. The use of the Service for the following activities are strictly prohibited:
 

• 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.
 

• 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.
 

• Obscene or Indecent Speech or Materials: Using MTC Community Connect and MTC or its affiliated companies network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. MTC will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
 

• Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise make available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
 

• Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
 

• Hacking: Accessing 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.
 

• Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, 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.
 

• Facilitating a Violation of this Agreement of Use: Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
 

• Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
 

• Other Illegal Activities: Using the Service in violation of applicable laws and regulations, 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.
 

• Resale: 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 

 

 

Performance of MTC Community Connect

In order to use MTC Community Connect Services, you must have a Wi-Fi-capable device that:

  1. meets U.S. and other applicable technical standards;

  2. is subscribed to Connected Community Service(s);

  3. renders web pages in a standard HTML browser application;

  4. runs the IP protocol; and

  5. is configured to obtain web addresses automatically.

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The Wi-Fi device must be in close enough proximity to the MTC Community Connect wireless access points to achieve connectivity with the Connected Community Services. Actual Connected Community Services coverage, locations and quality may vary.

 

You agree that MTC will use commercially reasonable efforts to provide useful and reliable MTC Community Connect Services, but acknowledge that the MTC Community Connect services utilize public, unlicensed radio-frequency spectrum. As such, the MTC Community Connect subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by:

  1. transmission and download speed and accuracy;

  2. network congestion;

  3. performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations);

  4. physical obstructions and distances between your WiFi device and the Connected Community Services;

  5. availability of electric power;

  6. collocation failures;

  7. transmission and equipment limitations, failures, maintenance or repair; and

  8. user error
     

MTC Community Connect may also be interrupted, refused, limited or terminated for these or any other reason. MTC is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your WiFi device or the MTC Community Connect Services will operate. Actual network speed and other performance will vary.

 

In order to maintain acceptable levels of service for all MTC Community Connect Services users and to improve this service, we reserve the right to monitor use of the MTC Community Connect Services and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Connected Community Services users. Additionally, the MTC Community Connect service may use automated processes to monitor and scan communications over the network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your account, deliver relevant advertising and for various other purposes related to the provision of MTC Community Connect.

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MTC Community Connect and MTC 

MTC Community Connect may allow you to automatically connect to hotspots after you register a compatible mobile device via PasspointTM Technology. Thereafter, a properly pre-registered mobile device will automatically connect when in range of a MTC Community Connect hotspot using the provisioned credentials. There is an option for connecting without downloading the PasspointTM Profile which will give you access to the network for a limited amount of time. It is recommended that all users connect via PasspointTM to give the user full access and the most reliable/secure connection available through MTC Community Connect.

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Interception and Unauthorized Use

You acknowledge that communications over MTC Community Connect may be subject to interception by unauthorized third parties. Although MTC and its partners use commercially reasonable efforts to provide you with a secure and reliable service, your use of MTC Community Connect is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of MTC Community Connect. You are responsible for implementing your own security protections while using MTC Community Connect. In the event you become aware of any unauthorized use of MTC Community Connect or any other security breach, you agree to immediately notify us. MTC expressly disclaims any responsibility or liability for your use of MTC Community Connect and for any lack of security that may result from your use of the service. You agree to hold MTC harmless for the loss of any file, data or other information while using the Service, and for any unauthorized access to or utilization by any third party of any your personal, financial, or other sensitive information. If you are in possession of one or more “protected computers” as defined by 18 U.S.C.S. § 1030, you understand and agree to immediately report any impairment in your availability of data to the proper authorities as required by applicable law or regulation.

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You further agree that you will not seek to hold MTC responsible in any way for any third-party website content or the operation of any third party website accessed via MTC Community Connect, or for the appearance of our “watermark” over a portion of any website.

 

Consent to Collect and Use Data

To provide the Service to you, MTC and our partners and licensors may need to collect data about you, including your name, email address, address, phone number, credit card information, password/access code, the configuration of your WiFi-enabled device and the unique device identifier associated with your device.  We also may monitor your usage and collect data relating to your use of the Service.  You hereby agree and consent to our and our partners' and licensors' collection, use, transmission, processing and maintenance of such data in connection with our provision of the Service including for purposes of improving the Service, contacting you regarding the Service or other MTC products or services, and providing customer support and maintenance for the Service.  

 

Restrictions and Limitations of Service

MTC does not monitor or review the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, should we become aware of content or activity that in our sole discretion, may be illegal, may subject MTC or our suppliers or vendors to liability or is in violation of this Agreement, we may remove, block, filter, or restrict by any other means such content or activity.

 

Your Responsibilities

You may not re-sell, transfer, assign or sub-license the Service or provide access to the Service to anyone else, whether for a fee or otherwise. You agree to take reasonable precautions to prevent others from gaining unauthorized access to your WiFi account.  You will be responsible for all activities taking place under your WiFi account.  You must (a) provide accurate and complete WiFi sign-in and registration information, (b) provide all equipment (i.e., a WiFi enabled device that meets the technical specifications for the WiFi) to connect to the WiFi, (c) protect the password, username and security information you use to access the WiFi,  (d) notify us immediately of any unauthorized use of the WiFi or your WiFi account, and (e) comply with all applicable local, state, federal and international laws and regulations, including copyright and intellectual property rights laws, in your use of the WiFi.

 

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES OF ANY KIND.

 

MTC, ITS SUPPLIERS, SUBSIDIARIES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

MTC, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.

 

MTC does not guarantee availability or access to the Internet or minimum Internet connection speeds on the network. MTC is not responsible for loss of data due to service delays or interruptions.

 

By using the Service, you are accessing the Internet which is a public communications network. Except for MTC’s website(s), we do not control any materials, information, products or services on the Internet. You assume full responsibility and risk for accessing content via the Service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise promoted through the Service or the Internet.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

MTC, ITS SUPPLIERS, SUBSIDIARIES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, FOR LOSS OF PRIVACY, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF MTC AND/OR AIRTIGHT KNOWS OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THIS SECTION SHALL APPLY EVEN IF YOUR EXCLUSIVE REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS FREE AND THAT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT MTC WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS AND ITS SUPPLIERS’ AND LICENSORS’ LIABILITY.

 

Indemnity

If a third party makes a claim against MTC, its suppliers, subsidiaries and/or licensors arising out of your use of the Service or your breach of this Agreement, you shall: (a) pay all costs to defend MTC; (b) pay any damages assessed against MTC (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and (c) hold harmless and indemnify MTC, its suppliers, subsidiaries and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, MTC (or its supplier, subsidiary or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. MTC (or its supplier, subsidiary or licensor, as applicable) will provide you with written notice of such claim, suit or action.

 

Governing Law

This Agreement will be governed by the laws of the State of New York. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a federal or state court seated in Albany, New York, and in no other venue.

 

Severability

If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

Entire Agreement

This Agreement constitutes the entire agreement between you and MTC with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

Waivers and Amendments

Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by MTC.

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Last Updated - 5/30/2024

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