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Canton WiFi - Terms of Use

Please note:  All users agree to the terms of this agreement by logging on and utilizing the Service.  For questions about specific portions of this service, contact Lightspeed Technologies at (330) 936-3990.


USER AGREEMENT / TERMS OF SERVICE


**Read this User Agreement/Terms of Service carefully before using CantonWiFi**

Introduction
The terms and conditions of this Agreement shall govern the relationship between you ("User") and Lightspeed Technologies, LLC. ("LIGHTSPEED"). LIGHTSPEED provides some wireless Internet access services, as they may exist from time to time ("Services"), to Users free of charge. By logging on to the LIGHTSPEED network or using any software provided, developed, licensed or owned by Lightspeed Technologies, LLC (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other LIGHTSPEED policies posted on our Web site.

Use Requirements
Users must be at least 18 years old. Access points or enabled venues may not be available in all areas.

Monitoring The Services
LIGHTSPEED has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if LIGHTSPEED, in its sole discretion, believes that it is reasonable to do so in order to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Users.

Service License
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS THE NETWORK.

LIGHTSPEED grants to each User a limited, nonexclusive, nontransferable and nonassignable license to use the Services solely for personal purposes.  LIGHTSPEED may modify the Services at any time, for any reason, and without providing notice of such modification to its Users. This license does not entitle User to receive hard-copy documentation, technical support, telephone assistance or enhancements to the Services.

Title, ownership, rights, and intellectual property rights in and to the Services shall remain in and with LIGHTSPEED. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with LIGHTSPEED's ownership of or rights with respect to the Services. You agree, at your expense, to defend and LIGHTSPEED and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services has injured or otherwise violated any right of any third party or violated any law.

You may not use the Services for any purpose that is not in full compliance with all laws of the United States, the State of Ohio, and/or the City of Canton. By using the Services, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities in conjunction with the use of this service.

Disclaimer Of Warranties And Limitation Of Liability
LIGHTSPEED DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. LIGHTSPEED HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES 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 PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIGHTSPEED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIGHTSPEED MAKES NO EXPRESS WARRANTIES AND USER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE FREE WIRELESS NETWORK. USER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND LIGHTSPEED DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY LIGHTSPEED OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. LIGHTSPEED AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

Acceptable Use Policy
All Users of the Services agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject LIGHTSPEED to liability or may violate this AUP. LIGHTSPEED may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Services to:
(i) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(ii) harm, or attempt to harm, minors in any way;

(iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

(iv) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(v) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(vi) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(vii) 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;

(viii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(ix) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(xi) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;

(xii) resell the Services;

LIGHTSPEED requests that anyone who believes that there is a violation of this AUP direct the information to: scott.polen@lsti.net.  If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

LIGHTSPEED may take any one or more of the following actions, or other actions not listed, at LIGHTSPEED's sole discretion in response to complaints: (i) issue warnings: written or verbal; (ii) suspend the User's access; (iii) terminate the User's access; (iv) bill the User for administrative costs, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Term Of Agreement
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services.

Legal Notices
LIGHTSPEED is committed to complying with U.S. copyright law and expects all of our Users to do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material accessed by this Service infringes your copyright, you should notify LIGHTSPEED of your copyright infringement claim in accordance with the following procedure.

LIGHTSPEED will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to LIGHTSPEED's designated agent, who is:

Scott Polen, President
Lightspeed Technologies, LLC
scott.polen@lsti.net

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (i) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit LIGHTSPEED to locate the material; (iv) Contact information of the complaining party; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination
Without prior notice, LIGHTSPEED may terminate this Agreement or your use of the Services for any reason if LIGHTSPEED, in its sole discretion, believes you have violated this Agreement or any of the applicable User policies.

USER AGREEMENT/TERMS OF SERVICE LAST UPDATED JULY 24, 2009

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