Wi-Fi User Terms & Conditions

This is a free Hotspot wireless internet service (the “Service”) provided by funding from WiFi4EU, the Department of Rural and Community Development (“DRCD”) and Laois County Council (“LCC”).

1. Our Agreement

2. Providing Services

3. Use of the Service

4. Content Disclaimer

5. Fair Usage

6. Security

7. Privacy Policy

8. Disclaimer of Warranties

9. Limitation of Liability

10. Class Action Waiver

11. Termination

12. General

1. Our agreement

1.1 This agreement applies from when we accept your request for service. Please read the terms carefully before activating the Service with us.

1.2 By using and/or activating the Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. If you do not agree to the terms of the agreement, do not use the Service.

1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.

1.4 These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with LCC for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.

2. Providing services

2.1 You are responsible for providing all hardware and other equipment required to access and use the Service (a ‘‘Unit’’). We recommend an 802.11b or above-compatible computer, computer card, and/or device to access the Service. You are responsible for ensuring the compatibility of your Unit with the Service. The availability and performance of the Service is subject to all memory, storage and other Unit limitations.

2.2 Service is available to your Unit only when it is within the range of this WiFi Access Point.

2.3 All services are provided on an “as is” basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.

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, collocation 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, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

2.6 Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression 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.

3. Use of the Service

3.1 The Service is made available provided:

(a) Use of the Public WiFi service by children/vulnerable adults is the responsibility of their parent/guardian. LCC bears no responsibility for the deliberate or unintentional exposure of children/vulnerable adults to disturbing or inappropriate content or images;

(b) You do not use the Service for anything unlawful, immoral or improper;

(c) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, pornographic, racist, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;

(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 abusive or threatening behaviour towards other users of the Service, members of our staff or any person in the vicinity of a Wireless LAN Hotspot;

(g) You do not use the Service to access or use content in a way that infringes the rights of others;

(h) The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards.

3.2 You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service.

3.3 You also agree not to modify the Unit or 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.

3.4 You have no proprietary or ownership rights to any username or password or to a specific IP address, or e-mail address assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the Services.

4. Content disclaimer

4.1 LCC does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas LCC use efforts to restrict such content LCC has no control over and accepts no responsibility for such materials.

4.2 LCC is not a publisher of third-party content that can be accessed through the Service and is 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 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the Service. LCC 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 sites, products or services you access, buy or use via the Service.

4.4 LCC does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.

4.5 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and LCC has no responsibility for their policies, or third parties’ compliance with them.

4.6 LCC is providing this Service to customers free of charge, and is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Wi-Fi does not support high-bandwidth actions such as streaming music, streaming video or downloading large files.

5. Fair Usage

To ensure the provision of a quality of Service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.

6. Security

6.1 By logging in you accept these terms and condition.

6.2 Users should be aware that as electronic security cannot be guaranteed, the Council bears no responsibility for unauthorized access to transactions and communications undertaken by users or any other problems users may encounter with e-mails, banking/credit card transactions, online bookings, shopping etc.

7. Privacy Policy

7.1 Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy. For more information, please see our link to Laois Co Co GDPR Policy at https://laois.ie/data-protection/

7.2 Users should be aware that statistics in respect of general internet usage are recorded. This data is used to monitor the performance of the Service, is anonymous, and is not made available to any third parties except where it is required by law. The WiFi4EU project has a snippet in the source code of this initial page of the WiFi service. The snippet will not collect any personal data. It will serve to count the number of users connecting to the WiFi4EU network, load the visual identity of WiFi4EU and check that it is displayed properly.

7.3 The MAC addresses of devices will be visible on the system dashboard to Laois County Council and its WiFi4EU network installer. In relation to iPhones, if you have named your phone in any personal way, this information will also be visible to those parties e.g. Description – Marys-iPhone.

7.4 Users will not access, download or share, or attempt to access, download or share, any material that is likely to be considered unlawful or offensive, but not exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause offence in any other way. Any infringements are the responsibility of the user.

8. Disclaimer of Warranties

The Service is provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, non-infringement, or fitness for a particular purpose which are expressly disclaimed. You assume all responsibility and risk for use of the Service. LCC does 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, managers, agents, dealers, suppliers, parents, subsidiaries or affiliates 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.

9. Limitation of Liability

Even if LCC has 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: punitive, exemplary, incidental, special or consequential damages, loss of privacy or security damages; personal injury or property damages; or any damages whatsoever resulting from interruption or failure of the 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.

10. 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.

11. Termination

We can cancel this agreement immediately if any of the following happens:

(a) You break an important condition of this agreement or a number of less important conditions as determined by LCC.

12. General

12.1 You agree to indemnify LCC against any claims, demands, actions liabilities, costs or damages arising out of your use of the Service including any material that you access or make available using the Service, or violation of the agreement, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement. You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.

12.2 If you have queries on this service contact Laois County Council.

12.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission.

12.4 Users are subject to ALL legislation with regard to the use of electronic communication and each user is responsible for use of this electronic resource in an ethical and lawful manner.

12.5 We reserve the right to amend these terms and conditions at any time.

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