WIRELESS INTERNET ACCESS USER AGREEMENT
Associated Bank, N.A. ("we," "us" and "our") welcomes you to its free wireless internet access for use by our customers (the "Service"). This user agreement ("Agreement") sets forth the terms and conditions that govern your use of the Service. You are relinquishing certain rights and remedies in this Agreement, and should read it carefully before agreeing to its terms. Please note that the Service is not encrypted and is intended for personal, noncommercial use.
1. Acceptance of this Agreement.
1.1. By clicking "I Accept" you are indicating that you have read and agree to be bound by this Agreement. Clicking "I Accept" has the same effect as if you had actually signed the document. The effective date of this Agreement is the date and time that you click "I Accept". If you do not agree to the terms of this Agreement, do not use the Service.
1.2. You will need to agree to this Agreement each day you access the Service. We reserve the right to amend or modify this Agreement at any time, and use of the Service constitutes acceptance of this Agreement, as amended or modified, at that point in time.
1.3. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us for our products, services or otherwise.
2. The Service.
2.1. You are responsible for providing all devices, hardware, wireless network cards and other equipment ("Equipment") required to access and use the Service. The availability and performance of the Service is subject to the limitations of your Equipment, for which you are responsible for ensuring the compatibility with the Service. The Service is available to you only when your Equipment is within the operating range of the Service.
2.2. The Service is provided on an "as is" basis. We do not warrant that the Service is fault or error free, fit for any particular purpose or that our system is secure. You assume all responsibility and risk for use of the Service.
2.3. The Service is not encrypted. You should be aware that any information sent or received over the wireless network potentially be intercepted by another user. Web-based security controls are not sufficient to protect against attacks; therefore, you should avoid entering sensitive information such as credit card numbers, social security numbers, passwords or any other personally identifying information on any wireless network.
2.4. We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
2.5. We reserve the right to immediately and without notice cancel this Agreement and suspend your access to the Service for any reason, including, but not limited to, if we suspect that you are violating any term or condition of this Agreement.
2.6. Network speed is no indication of the speed at which your Equipment connected to the Service sends or receives data. Actual network speed will vary based on your Equipment configuration and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
2.7. We will not supply any software to you in connection with the Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
2.8. No license of any intellectual property right in any information, documents, products or software is granted through access to, or use of, the Service, whether by estoppel, implication or otherwise.
3. Use of the Service.
3.1. The Service is made available to you provided:
(a) You are at least 18 years of age;
(b) You do not use the Service for anything that is, in our sole discretion, unlawful, threatening, abusive, harassing, tortious, defamatory, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. "Use" for the purposes of this Agreement includes, but is not limited to, posting, transmitting, uploading, downloading, emailing, messaging or otherwise facilitating;
(c) You do not use the Service to transmit any material 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 non-disclosure agreements);
(d) You do not use the Service to harm or attempt to harm minors in any way;
(e) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be jeopardized or impaired;
(f) You do not use the Service to transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) You do not use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation (including those with an "opt-out" option);
(h) You do not use the Service to transmit any material that contains software worms, viruses (or any other manipulating program capable of modifying other programs and replicating itself) or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, telecommunications equipment or servers or networks used by us or any other party;
(i) You do not use the Service to interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of servers or networks connected to the Service;
(j) You do not use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(k) You do not use the Service to "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;
(l) You do not use the Service for high volume data transfers, especially sustained high volume data transfers or hosting a web server, IRC server or any other server;
(m) You do not use the Service to 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 servers or networks connected to the Service; and
(n) You do not use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our business, reputation, employees, subscribers, facilities, third parties or to the public generally.
3.2. You have no proprietary or ownership rights to a specific Internet Protocol ("IP") address assigned to you or your Equipment. You accept that your entitlement to use the Service is for your personal use only and that you shall not transfer or assign your entitlement to use the Service to any other person or allow any other person to make use of the Service.
4. Content Disclaimer.
4.1. You acknowledge that if you access the Service you may receive or be exposed to Internet content, data, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that we are not liable for any action or inaction with respect to any such content on the Internet accessible through the Service.
4.2. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
4.3. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose websites, products or services you access, buy or use via the Service.
4.4. If you choose to use the Service to access websites or content provided by third parties or purchase products from third parties, then your personal data and information may be available to the third-party provider. The way third parties handle and use your personal data and information related to the use of their services is governed by their policies and we have no responsibility for their policies, or third parties’ compliance with them.
4.5. We are providing this Service to customers free of charge, and the Service is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our wireless internet access does not support high-bandwidth actions such as streaming music, streaming video or downloading large files.
5. Criminal Activity.
5.1. You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offense, either in the United States or in any country throughout the world.
5.2. You agree and acknowledge that we may monitor your activity (including, without limitation, your web browsing history and use of specific websites) while you use the Service and keep a log of the IP addresses of any Equipment which accesses the Service, the times when they have accessed the Service and the activity associated with that IP address.
5.3. You further agree we are entitled to assist and cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you, which may include, but is not limited to, disclosure of such information we have gathered (whether pursuant to Section 5.2 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
6. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THE SERVICE IS NOT ENCRYPTED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, RISK TO THE SECURITY OF YOUR PERSONAL EQUIPMENT, DATA AND INFORMATION. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR AFFILIATES ("RELEASED PARTIES") WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. For purposes of Sections 7, 8, 9 and 10.1, any reference to "we," "us" and "our" includes the Released Parties.
7. Limitation of Liability. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, HOWEVER SUCH DAMAGES ARE CAUSED. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, OUR SOLE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO US BY YOU FOR USE OF THE SERVICE.
8. Class Action Waiver. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. To the fullest extent permitted by applicable law, no claim under this agreement may be joined to any other claim, including any legal proceeding involving any other current or former user of the Service.
10. General.
10.1. You agree to indemnify and hold us harmless from, and defend against, any actions, claims, costs, damages, demands, expenses, liabilities or losses arising out of or related to your use of the Service, any materials downloaded, uploaded or transmitted 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 a violation of law or regulation or any breach of this Agreement. You furthermore agree to pay our reasonable legal fees (including attorneys' fees) and experts’ costs arising out from or relate to any actions or claims hereunder. This Section will not be construed to limit or exclude any other claims or remedies that we may assert under this Agreement or by law.
10.2. You may not transfer or try to transfer any of your rights and responsibilities under this Agreement without our consent in writing. We may transfer our rights and responsibilities to any third party without your permission.
10.3. This Agreement shall not confer any benefit on a third party.
10.4. The laws applicable to the interpretation of this Agreement shall be the laws of the State of Wisconsin without reference to its conflict of law provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Milwaukee, Wisconsin.
10.5. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
10.6. This Agreement contains the full expression of the agreement between you and us regarding its subject matter.
10.7. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
