City of Boston Wireless Access Terms and Conditions

Wicked Free Wi-Fi is Boston’s outdoor wireless network. Our goal is to give residents and visitors an enjoyable online service. Please keep in mind that:

• bad weather and other conditions may affect connectivity

• there may be some bare spots in designated coverage areas

• Wicked Free Wi-Fi isn’t meant to work inside buildings or homes, and

• we have limited bandwidth, so please avoid downloading large files.

You have to agree to our Terms of Service before you can join the network. If you don’t agree, you won’t be able to join.

TERMS OF SERVICE AND ACCEPTABLE USE POLICY

Access to the service

The service is a free service provided by the City of Boston for residents and visitors alike. Your access to the service is completely at the discretion of the City of Boston, and your 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 City of Boston, disruption of access to other users or networks, and violation of applicable laws or use the service and it is your responsibility to review it for any changes each time.

Acceptable Use of the Service

Your access to the service via a revocable license to the City of Boston is conditioned on legal and appropriate use of the service. Your use of the Service and any activities conducted online through the service shall not violate any applicable law or regulation or the rights of the City of Boston, or any third party.

PROHIBITED ACTIVITIES

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 person'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.

Defamatory or Abusive Language

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.

Forging of Headers

Forging or misrepresenting email 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, mail bombing, or denial of service attacks.

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, mail bombing, 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.

Obscene or Indecent Speech or Materials

Using the service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The City of Boston will notify and fully cooperate with law enforcement if it becomes aware of any use of the service in any connection with any illegal activity. Certain content or web sites may be filtered or unavailable at the discretion of the City of Boston.

Other Illegal Activities

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 or inappropriately distributing copy written material, or making fraudulent offers to sell or buy products, items, or services.

Re-sale

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.

AGENT TO RECEIVE NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the service infringes your copyright, you (or your agent) may send the City of Boston, designated agent, a notice requesting that the item, information or material be removed, or access to it blocked. You can contact City of Boston's Designated Agent at: wickedfreewifi@boston.gov

DISCLAIMER

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 service; (iii) that the City of Boston does not guarantee the security of the service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the City of Boston, 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 CITY OF BOSTON, 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.

No Consequential Damages

UNDER NO CIRCUMSTANCES WILL THE CITY OF BOSTON BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (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.

Indemnity

You agree to indemnify and hold harmless the City of Boston 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 City of Boston 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. The City of Boston's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the City of Boston'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 City of Boston 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 City of Boston with respect to its subject matter and supersedes all prior writings or understanding.

Notice and Governing Law

The City of Boston requests that anyone who believes that there is a violation of the Acceptable Use Policy direct the information to:

This Policy and Agreement is governed by the laws of the Commonwealth of Massachusetts, and specifically the ordinances, policies, rules, regulations and requirements of the City of Boston.