Muir Beach LAN Terms and Conditions of Use

 

Last Updated: July 8, 2009

 

Muir Beach LAN represents a local effort through Muir Beach LAN, LLC ("Muir Beach LAN or Muir Beach LAN, LLC") to make high-speed Internet access available to residents of the remote community of Muir Beach (the "Service").  A few comments about the Service:

 

  • Service Provided As Is, As Available: The Service is offered entirely on an "as is," "as available" basis, and Service may be interrupted at any time for any reason, and for any length of time, including a permanent termination of service - either of the entire LAN service or of service to a single household.
  • Responsible and Fair Use Required: Muir Beach LAN expects that its users will use the Service in a responsible, lawful manner that does not infringe upon the rights of any other (including not consuming more bandwidth than that identified as an upper limit on this website).
  • Privacy Policy: In the course of providing this Service, Muir Beach LAN may come upon and maintain records of billing information and other information of a private nature. Muir Beach LAN does not intend to disclose any such information to third parties except to comply with legal process or in the event of an emergency.

 

Acceptance of Terms Through Use of Service

By using this Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use, please do not use this Service. If you wish to have us consider a future revision to the Terms of Use, please contact us at 415-388-5400 and your request will be considered. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Termination

Muir Beach LAN reserves the right, in its sole discretion, to restrict, throttle the connection speed, or terminate access to all or part of this Service, with or without notice.  This right may be exercised with regard to the entire LAN service or with regard to single account(s).

 

Agreement to Rules of User Conduct

 

All use of the Service must be conducted in a responsible, lawful manner that does not infringe upon the rights of any others.  You agree that you will not, intentionally or unintentionally, upload, download, email, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, vulgar, hateful or otherwise objectionable;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. is harmful to minors (those under 18 years old);
  4. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contains software viruses or any other computer code, files, programs or changes in equipment settings that disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or damage or obtain unauthorized access to any data or other information of any other party; or
  7. exceeds 500 MB of combined downloads and uploads in any 24 hour period.

You agree to use antivirus software on any computer connecting to this Service. Antivirus software will have auto update enabled, have a current subscription for updates to current virus definitions, and be set to conduct a scan of your hard drive not less frequently than weekly. Upon a request by Muir Beach LAN, you agree to provide Muir Beach LAN with confirmation of settings and an active subscription to an antivirus definitions service.

You further agree to be solely responsible for the activity and conduct of anyone that you permit to use this Service.

Disclaimer of Warranties

(Note - Text Required to be in All Capitals) ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CUSTOMER PREMISES EQUIPMENT, ACCESS TO THE INTERNET AND OTHER SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SERVICE (THE "SERVICE") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MUIR BEACH LAN, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SERVICE IS SOLELY AT YOUR RISK.


Limitation of Liability

(Note - Text Required to be in All Capitals) UNDER NO CIRCUMSTANCES SHALL MUIR BEACH LAN, LLC, ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MUIR BEACH LAN, ITS OWNERS, AFFILIATES, EMPLOYEES OR INDEPENDENT CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MUIR BEACH LAN, ITS OWNERS, AFFILIATES, EMPLOYEES AND INDEPENDENT CONTRACTORS, IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by Muir Beach LAN, LLC you agree to defend, indemnify, and hold harmless Muir Beach LAN, LLC, its owners, members, managers, affiliates, employees and independent contractors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Service. Muir Beach LAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Muir Beach LAN in asserting any available defenses.

 

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Service shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability

This agreement constitutes the entire agreement between you and Muir Beach LAN with respect to this Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Muir Beach LAN with respect to this Service. Should Muir Beach LAN choose to not enforce strict compliance with any provision of this agreement, it should not be construed as a waiver of its right to do so at any future time. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

 

 

 

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