Sorry to be a
bore but here goes....
By using The Millstone’s free Wi-Fi High Speed Internet Service, you agree
to be bound by the following terms and conditions, which are a binding
agreement between you and The Millstone. You represent that you are of legal
age to agree and be bound by this agreement.
You may use the service and technology provided to you by The Millstone only
as described here. You may not use The Millstone Free WiFi for any other
reason, including reselling any aspect of The Millstone Free WiFi. Other
examples of improper activities include, without limitation:
• Modifying, adapting, translating, or reverse engineering any portion of
The Millstone Free WiFi
• Attempting to break security, access, tamper with or use any unauthorised
areas of The Millstone Free WiFi
• Attempting to collect or maintain any information about other users of The Millstone Free WiFi (including usernames and/or email addresses) or
other third parties for unauthorised purposes
• Creating or transmitting unwanted electronic communications such as
"spam," or bulk commercial messages to other users or otherwise interfering
with other user's enjoyment of the service
• Engaging in any activity that infringes or misappropriates the
intellectual property, publicity, privacy or other proprietary rights of
others, including patents, copyrights, trademarks, service marks, trade
secrets, or any other proprietary right of any third party, or that is
defamatory, objectionable, unlawful or promotes or encourages illegal
activity
• The transfer of technology, software, or other materials in violation of
applicable export laws and regulations
• Distribution of any Internet viruses, worms, pinging, flooding, mail
bombing, denial of service attacks, defects, Trojan horses or other items of
a destructive nature
• Accessing illegally or without authorisation 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; or
• Using The Millstone Free WiFi for any unlawful, harassing, abusive,
criminal or fraudulent purpose. We have 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, or
warrants, or to protect our rights, users or property)
Changes In The Millstone Terms of Service and The Millstone Free
WiFi - Termination
We may modify or terminate The Millstone Free WiFi and these Terms of
Service and any accompanying policies, for any reason, and without notice,
including the right to terminate with or without notice. Please review these
Terms of Service from time to time so that you will be apprised of any
changes. Upon any such termination, any and all rights granted by The
Millstone to you shall terminate.
Your Responsibilities
You understand that The Millstone Free WiFi, which utilises wireless
technologies, is not inherently secure and that wireless communications can
be intercepted by technology designed and intended for that purpose. We will
not be liable to you or any other party for any lack of security that may
result from your use of The Millstone Free WiFi. You agree that you are
responsible for providing security measures that are suited for your
intended use of The Millstone Free WiFi . For example, you shall take full
responsibility for taking adequate measures from safeguarding your data from
loss. Also, other than the technology provided by The Millstone, you must
provide all equipment, technology and software to use The Millstone Free
WiFi .
Disclaimers
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S
USE THEREOF IS AT IT'S OWN RISK. THE MILLSTONE DOES NOT MAKE, AND HEREBY
DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE
MILLSTONE DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR
SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER THE MILLSTONE OR IT'S SUPPLIERS BE
LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY
NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS
REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO
EVENT SHALL THE MILLSTONE'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED
THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF
THE MILLSTONE IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES.
In addition,
The Millstone and its suppliers will not be responsible for any damages,
losses, expenses or costs that Customer suffers AS A RESULT OF:
(i) any interruption or failure of the Services OR Products;
(ii) the downloading or use of any information, data or materials obtained
via the Services OR FROM THE Internet;
(iii) any failure to complete a transaction on the Internet OR USING THE
SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries,
or Service interruptions;
(iv) ANYTHING BEYOND THE REASONABLE CONTROL OF The MILLSTONE, INCLUDING
BUT NOT LIMITED TO any interruption or failure of a third party's services,
software, equipment or network;
(v) any unauthorised use or modification of Services or Products or
combination of Services or Products with other services, products or
equipment;
(VI) viruses, worms, trojan horses, or other undesirable data or software;
or
(vii) the attempt by unauthorised users (e.g. hackers) to obtain access to
Customer's data, web-site, computers, or networks.
Indemnity
You agree to hold harmless and indemnify The Millstone, its suppliers and
licensors from and against any third party claim arising from or in any way
related to your use of The Millstone Free WiFi, including any liability or
expense arising from all claims, losses, damages (actual and consequential),
suits, judgments and legal fees of every kind and nature.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply
with the Digital Millennium Copyright Act. If you believe that your
copyright has been infringed on or through The Millstone Free WiFi, file a
notice. To file a notice of copyright notice with us, please send a written
communication by fax or mail. Provide information sufficient to
permit The Millstone to contact you.
Miscellaneous Provisions
These Terms of Service constitute the entire agreement between the parties
and supersedes and replaces all prior understandings or agreements, written
or oral, regarding The Millstone Free WiFi . Any waiver of any provision of
The Millstone Terms of Service will be effective only if in writing and
signed by The Millstone.