12. juuli 2003. Jalutuskäigul Manhattanil hakkab silma järgnev märk: http://admin.wifi.ee//Dokumendid/poiss.jpg Lähemal uurimisel leidub seitse erinevat tasuta leviala, kus Internetti pääseb iga kodanik kes browseri avaekraanile ilmuva kasutajalepingu kinnita…
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Published: 15 July 2003
12. juuli 2003.
Jalutuskäigul Manhattanil hakkab silma järgnev märk:
Lähemal uurimisel leidub seitse erinevat tasuta leviala, kus Internetti pääseb iga kodanik kes browseri avaekraanile ilmuva kasutajalepingu kinnitab, vajutades nupule "I do accept." Levialade paiknemine:
Silma hakkab, et arvuti kasutamine on turvaline, see ei põhjusta möödujates vähimatki huvi.
Bryant Parki leviala kasutaja leping, mida tuleb eelnevalt aktsepteerida:
You are about to access the Internet through a wireless Internet access node (the “Service”) operated by Bryant Park Restoration Corporation (“Bryant Park”), a provider of free public wireless Internet access.
You may use the Service only if you agree to the following terms of service each time you access the Service. If you agree with and accept the terms below, please double-click the “I Accept” button at the bottom of this page.
Bryant Park Wireless Network
Terms of Service and Acceptable Use Policy (AUP)
Access to the Service. The Service is a free public service provided by Bryant Park. Your access to the Service is completely at the discretion of Bryant Park, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for Bryant Park, disruption of access to other Users or networks, or violation of applicable laws or regulations. Bryant Park may revise this AUP at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
Acceptable Use of the Service. Bryant Park supports the free flow of information and ideas over the Internet. Although Bryant Park has and accepts no obligation to monitor your use of the Service nor edit or censor content transmitted (via e-mail, downloading, uploading, posting, or otherwise) through the Service, your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Bryant Park, or any third party. Bryant Park cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
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Disclaimer. You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that Bryant Park does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that Bryant Park's ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN AS IS, AS AVAILABLE, BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY BRYANT PARK, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HERE BY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
No Consequential Damages. UNDER NO CIRCUMSTANCES WILL BRYANT PARK, ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT BRYANT PARK OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR VOLUNTEERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED . THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
THE USE OF THE SERVICE FOR THE FOLLOWING ACTIVITIES IS PROHIBITED:
Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Obscene or Indecent Speech or Materials: Using Bryant Park's network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent speech, images or other such materials. Bryant Park will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any way connected with child pornography or the solicitation of sex with minors.
Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Hacking: Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders. This shall include exporting encryption software over the Internet or otherwise to points outside the United States.
Other Illegal Activities: Using the Service in violation of applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, chain letters, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
Other Activities: Engaging in activities, whether lawful or unlawful, that Bryant Park determines to be harmful to other users of the Service, or its operations, reputation, goodwill or public relations.
Sale/Rental of the Service: The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product.
Notice of Violations of the AUP: Bryant Park requests that anyone who believes that there is a violation of the AUP direct the information to: abuse@nycwireless.net
Bryant Park reserves the right to revise, amend, or modify this AUP at any time and in any manner.
This Agreement was last revised on June 10th, 2002.
