FREE WIRELESS INTERNET ACCESS Description, Conditions of Use, Warning City of The Dalles, Oregon The City of The Dalles provides free Wi-Fi broadband Internet hotspots in the downtown area. Wireless Fidelity (Wi-Fi) service lets you access the Internet without cables or wires. With a wireless networking card in your laptop, PDA or any Wi-Fi enabled device, you can go online from several locations in the downtown area. We support IEEE 802.11g, 802.11a and 802.11b connections. This information service is free of charge. (*) Use of The Dalles Wi-Fi Network is strictly at the user’s own risk. This free service is delivered on a network open to the public, and IS NOT SECURE. The providers cannot and do not guarantee the privacy of your data and communication while using the service. The Dalles is not responsible for the accuracy, authority, timeliness, or completeness of the information available on the Internet. The Dalles cannot guarantee that your computer or PDA will work with the municipal Wi-Fi network. The Dalles takes no responsibility, and does not accept liability for any direct or consequential harm to computer users, personal computer equipment, or other property that may result from the use of the Wi-Fi network. The Dalles takes no responsibility and does not accept liability for any of its network user’s activities that violate the law (including copyright law). By connecting, the user acknowledges and accepts the risks associated with public access to the Internet and public use of an unsecured wireless network. You may have trouble connecting from inside certain spaces or further from the downtown The Dalles transmission hubs. BY ATTEMPTING TO ACCESS THIS SERVICE YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS DOCUMENT AND THAT YOU AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU CANNOT USE THE DALLES FREE MUNICIPAL WI-FI ACCESS SERVICE. (*) Open Resource/Parental Concerns The Dalles Wi-Fi Network is open to anyone, and individual activity on the network is not limited or monitored. This means that network users may access Internet sites that may be harmful, graphic or offensive. The network does not filter or block any sites. Network administrators maintain the Wi-Fi network so that residents and visitors may find all that is offered online in the way of business and research. Adults are expected to regulate their own Internet usage and The Dalles is not responsible for policing the Internet or for an Internet user’s activity online. The Dalles upholds and affirms the right of adults to have access to constitutionally protected materials and means of expression. By using The Dalles Wi-Fi Network, a user accepts full responsibility for and acknowledges that he or she may: Encounter text, images or sound that he or she may find offensive or disturbing; Retrieve or use inaccurate or incomplete information; Introduce a virus, worm or other potentially harmful program or code into his or her software, storage media, or computer equipment. Damage his or her personal software, storage media or computer equipment; or Provide information that leads to identity theft or other criminal activity. The City of The Dalles respects the rights and responsibilities of parents or guardians in determining and monitoring the use of the Internet by children under the age of 18. The City and its network administrators are not responsible for monitoring a child’s use of the Internet. Please know that children with proper computing equipment may access the Internet using the City of The Dalles Municipal Wi-Fi Network. Please plan accordingly, restricting a child’s computer to limit such access if you are responsible for that child and if you are concerned about the Internet sites that your child may be visiting. (*) Security Our wireless broadband is an open, public-access network. Like most public access hotspots, The Dalles Wi-Fi network is not secured. There can be untrusted and untrustworthy parties between you and anybody you communicate with, and any information being transmitted could potentially be intercepted by another wireless user. Careful wireless users should choose not to transmit their credit card information, passwords, and any other sensitive personal information while using any wireless hot spots, including this one. The Dalles does not provide virus protection, encryption, or other security for Wi-Fi connections. Please take appropriate precautions when using this service. All wireless access users should use up-to-date virus protection and firewall protection on their laptop computers or wireless devices. (*) Information Captured/User Privacy The Dalles Municipal Wi-Fi Network only captures two items of information about any Internet session: the hardware address and the IP address of the computer accessing the network. The network does not place cookies or tracking software on user machines, and The Dalles is not otherwise tracking the sites accessed by users. Therefore, The Dalles is not capturing personal information of users like name, address, email address, or social security numbers. If The Dalles receives a proper legal request from any court or policing power for information related to the hardware addresses and/or IP addresses accessing The Dalles Municipal Wi-Fi Network, those requests will be honored. The Dalles will not otherwise collect or share records of Wi-Fi usage, except for aggregated non-identifiable information that may allow for improvement and management of the network. The Dalles does not market to the users of the Wi-Fi network. (*) Limited Bandwidth/Shared Resource Bandwidth is a description of the amount of information that can pass over a network or communications line. High Internet bandwidth allows a large volume of information to pass, facilitating fast downloads, and high-information applications like audio and video files. Low bandwidth reduces an Internet user’s ability to download files quickly and to download certain high-information files at all. Wi-Fi bandwidth is limited. This means that certain activities like video downloading may be slow. The Dalles Wi-Fi is a shared resource. Heavy use of the bandwidth by some users can affect the speed of access and/or ability to access the Internet for those users and for other Wi-Fi users. In the event of continued heavy or excessive use by a single user that has the effect of denying access or reasonable use to others, that user may be denied further service. See “Administrative Termination” below. The service is provided on an “as available” basis without warranties of any kind, either express or implied, that the service will be uninterrupted or error-free, including but not limited to vagaries of weather, disruption of service, and acts of God. The service provides no warranties of merchantability or fitness for a particular purpose, and no advice or information given by the providers, affiliates, or contractors of the service or their respective employees shall create such a warranty. (*) Prohibited Activities Wi-Fi network users may not use The Dalles Municipal Wi-Fi Network for the commission of harmful or illegal activities, including but not limited to the following: Hacking into any system; Introducing any virus, worm, spyware, Trojan horse or other program or code into any computer, computer system software or disks; Any activities intended to aid in any crime, including identity theft or credit card theft, and including the exploitation of minors, or child pornography; Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications. Participating in or committing telecommunications fraud; Any activities, which will damage, disable, vandalize, or otherwise harm computer equipment or software. (*) Disclaimer/Indemnity Under no circumstances will the providers of this service, or affiliates, agents, or contractors thereof, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user’s use of or inability to use the service or to access the Internet or any part thereof, or user’s reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. You agree to indemnify and hold harmless the providers of the service, including affiliates, agents, and contractors thereof, 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. You agree to indemnify, defend, and hold harmless the City of The Dalles against any and all claims, costs or liabilities arising from or related to your violation of these terms of use. (*) Administrative Termination Violation of this policy may result in The Dalles’ network administrators blocking your hardware and or IP address from accessing the network. The Dalles may change these terms of use at any time, so check for changes when you use the system. These changes will apply and be in effect from the date of revision. The Dalles may discontinue offering the service at any time without liability.