1. Before using this service
Please read all of the following terms and conditions of this Agreement before using The Columbia St. Mary’s WiFi service. The terms and conditions of this Agreement will govern the relationship between you (the Customer) and Columbia St. Mary’s. Also be sure to review the Columbia St. Mary’s Security Statement.
Columbia St. Mary’s may provide its Customers with access to portions of the Internet through wireless WiFis as a service. By using this Service or using any software (Software) provided, developed, licensed or owned by Columbia St. Mary’s, a Customer agrees to be bound by this Agreement and to use the Service in compliance with this Agreement and other Columbia St. Mary’s policies posted from time to time on the Columbia St. Mary’s website located at www.columbia-stmarys.org.
2. The Customer
Customers of the Columbia St Mary’s WiFi service must be at least eighteen years old and agree to be bound by the terms of this Agreement. Therefore, if the Customer is an individual, he or she certifies that he or she is at least eighteen years old. Each Customer assumes all responsibility for the use of the Service and his, her or its account by underage users.
This Agreement is not assignable by the Customer.
This service is provided solely for the use of patients of Columbia St. Mary’s Inc. and its affiliated entities and visitors to Columbia St. Mary’s locations, and other individuals expressly authorized by Columbia St Mary’s Inc. If you are not a patient or accompanying or visiting a patient at Columbia St. Mary’s or its affiliated entities, you are not authorized to use this service.
3. Contacting Columbia St .Mary’s
A Customer may contact Columbia St. Mary’s at (414) 326-2400.
Columbia St. Mary’s does not charge for the service. Columbia St. Mary’s may change or modify or add to the fees it charges at any time.
5. Monitoring Use
Columbia St. Mary’s has no obligation to monitor the use of the Service, but Columbia St. Mary’s may do so and it may disclose information regarding the use of the Service if, for any reason it believes, in its sole discretion, that it is reasonable for it to do so including, without limitation, in order for it to satisfy any legal requirements or requests, to operate the Service properly or to protect itself and its Customers. Columbia St .Mary’s, at its sole discretion, reserves the right to limit access to web pages based on content, band width, domain, or any other parameters.
Customer assumes all risk and liability for all information actively or passively transmitted over the connection to the internet.
The Customer agrees to defend, release, indemnify and hold Columbia St. Mary’s harmless from all liabilities, claims and expenses of any nature or kind including without limitation reasonable legal fees, arising from the use of the Customer account or the use of the Service by the Customer or arising from any breach of this Agreement by the Customer.
7. Disclaimers and Limitations of Liability by Columbia St Mary’s
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS NOT GUARANTEED AND IS PROVIDED ON AN AS IS BASIS. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH SUCH USE OF THE SERVICE, WAIVES AND RELEASES ANY CLAIM AGAINST COLUMBIA ST. MARY’S RESULTING FROM THE USE OF SUCH SERVICE, AND AGREES TO DEFEND AND INDEMNIFY COLUMBIA ST. MARY’S FROM ANY AND ALL CLAIMS OR LIABILITY ARISING FROM THE USE OF THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THE CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT:
a. Columbia St. Mary’s does not represent or warrant that the Service will be uninterrupted, error-free or free from viruses or other harmful components.
b. All conditions, representations and warranties, whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or title or non-infringement are disclaimed and expressly excluded from this Agreement, except to the extent such disclaimer is prohibited by law.
c. Columbia St. Mary’s is not responsible for the content of the information and material available through the Internet. Columbia St. Mary’s makes no representations or warranties and gives no guarantees as to the quality, suitability, truth, accuracy or completeness of any information or materials contained on the Internet. Any questions regarding any such information or materials should be directed to the providers of such information or materials.
d. Columbia St. Mary’s will not be liable for any claims arising either directly or indirectly from the accessing, downloading, installation, use, reproduction of and or receipt or distribution of any information or material through any Service.
e. Columbia St. Mary’s will not be liable for any direct, indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however such damage may arise, whether in tort as a result of breach of contract, even if Columbia St. Mary’s has been previously advised of the possibility of such damage.
f. The Customer acknowledges the inherent risks to security, confidentiality and privacy of wireless communication and agrees that he, she or it is solely responsible for ensuring the security of his or her data and/or equipment used in connection with the Service and that he/she will not make any claim against Columbia St. Mary’s in event of lost data, inaccurate output, work delays or lost profits resulting from the use of the Service.
8. Acceptable Use
Columbia St. Mary’s dedication to customer service means that Columbia St. Mary’s strives to maintain Service that provide Customers with an enjoyable Internet experience free from interference by those who use the Service in an improper or unlawful manner. Accordingly, Columbia St. Mary’s Acceptable Use Policy as described in this Section is incorporated in and forms part of this Agreement and all users of Columbia St. Mary’s Service must comply with it.
Customer use of the Service is governed by applicable local, provincial, national and international laws and regulations, including without limitation laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. In addition to complying with such laws and regulations, each Customer is expected to use his or her best judgment and to be respectful of others. A Customer must use his or her best efforts to avoid interfering with the use of the Service by others and to ensure that he or she follows rules of proper conduct.
Although Columbia St. Mary’s does not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup or other material created or accessible by using the Service, it may remove, block, filter or restrict by any other means any materials that in Columbia St. Mary’s sole discretion, may be illegal, may subject Columbia St. Mary’s to liability, compromise the dignity of the human person, or which violate this Acceptable Use Policy. Columbia St. Mary’s may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
The following is a list of activities that are violations of this Acceptable Use Policy. This list is intended to be illustrative, only. It is not exhaustive. There may be other activities that violate this Acceptable Use Policy. Without limitation, a Customer will be in breach of this Acceptable Use Policy and this Agreement if he or she:
uses the Service to transmit any material (by uploading, posting, email or otherwise) that intentionally or unintentionally violates any applicable local, provincial, national or international law or any rules or regulations made thereunder including without limitation material that is threatening, abusive, tortuous, harassing, defamatory, libelous, obscene, invasive of another’s privacy or hateful;
uses the Service to harm or attempt to harm children in any way;
uses the Service to make fraudulent offers to sell or buy products, items or Service or to advance any type of scam, financial or otherwise, such as pyramid schemes, Ponzi schemes, unregistered sales of securities, securities frauds and chain letters;
adds, removes or modifies identifying network, message or article header information or other identifiers in an effort to deceive or mislead others; attempts to impersonate any person by using forged headers or other identifying information provided, however, that the use of anonymous remailers or nicknames are not in themselves impersonation;
uses the Service to transmit material by (uploading, posting, email or otherwise) that the user does not have a right to make available to others whether under any law or any contractual or fiduciary relationships;
uses the Service to transmit any unsolicited commercial email or unsolicited bulk email (a.k.a. spam) or uses deliberately misleading headers in emails sent to multiple parties;
uses the Service to transmit any material by (uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
uses the Service to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of Columbia St. Mary’s or any other computer software, hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;
disobeys any requirements, procedures, policies or regulations of any networks connect to the Service;
uses the Service to collect or attempt to collect personal information about another person without that person knowledge or consent;
resells the Service without authorization to do so by Columbia St. Mary’s; or
uses the Service for high volume data transfers including in particular but without limitation sustained high volume data transfers or uses the Service to host a server including without limitation to host a web server or an IRC server.
9. In the event Columbia St. Mary’s Acceptable Use Policy is violated
Columbia St. Mary’s requests that anyone who believes that Columbia St. Mary’s Acceptable Use Policy is being violated contact Columbia St. Mary’s at (414) 326-2400 and provide as much of the following information as possible:
the IP address used to commit the alleged violation
the date and time of the alleged violation, including the time zone
evidence of the alleged violation
When reporting a matter regarding unsolicited email please provide a copy of the unsolicited email messages with full headers, if possible.
Upon receiving notice of an alleged violation Columbia St Mary’s may take such action as Columbia St Mary’s in its sole discretion may determine including without limitation:
issuing warnings, written or verbal
bring legal action to enjoin violations and/or to collect damages
provide information to law enforcement or other third parties
Be advised that Columbia St. Mary’s may change, modify or add to the terms and conditions of this Agreement, the Service it provides and the fees it charges for the Service at any time with or without notification to the Customer.
If you have any questions or complaints regarding these Terms or any of the other policies in regards to Columbia St. Mary’s and the Service please contact us by calling (414) 326-2400.