Public WiFi Terms & Conditions

Terms of service for WiFi Hotspots provided and maintained by Tbaytel

Introduction

This Public Wi-Fi Service is provided by Tbaytel and is offered at no charge. In order to be permitted to use this Wi-Fi Hotspot, you must agree to comply with these Terms.

These Terms are designed to protect the customers of Tbaytel and its owner, the City of Thunder Bay (hereinafter referred to as the ''Provider'') and the internet community in general from irresponsible or illegal activities. These Terms may be changed, without notice at any time. Changes become effective immediately upon posting whether physically or electronically online.

Comments, concerns, questions or complaints should be directed to Tbaytel at 807-623-4400.

If any violations of these Terms occur, the Provider reserves the right to terminate services to a particular user or terminate service generally or to take action as the Provider considers appropriate to stop the offending customer from violating these Terms, without notice.

You are only permitted to use the Public Wi-Fi Service ("Service"), as designated, and are prohibited from accessing, using or attempting to access or use any other wireless network belonging to the Provider for any reason whatsoever.

By using this Service, you AGREE to accept the following Terms of Service:

1. You assume full responsibility for your usage of the Service. The Service is not secured or encrypted.
2. You assume full responsibility for taking any security measures necessary to protect your communications and equipment through use of the Service.
3. You will be respectful towards all other users of the Service and will not interfere with or act to the detriment of their use or enjoyment of the Service.
4. You will not use the Service for any illegal activities, intentionally or unintentionally and you will comply with any acceptable use policy or use guidelines as set out in these Terms.
5. You are prohibited from using this service to send or post harassing, abusive or threatening messages.
6. You must abide by the law. You may not transmit, distribute or store any material or data which would violate any law.

Prohibited uses of the service

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of UBE through the Provider’s servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on the Provider’s servers, is prohibited. The Provider’s accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by the Provider’s customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Provider-hosted domain, or referencing any Provider account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these terms of use or terms of use of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or selling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any of the Provider’s customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Provider’s network or on another internet service provider's network.
10. Using the service to interfere with the use of the Provider's network by other customers or authorized users.

Legal and liability

• The Provider provides this Service without any warranties, express or implied, statutory or otherwise, including warranties of quality, availability or security.
• You agree that the Provider, nor other users of the service nor the operator of the access points to which you connect shall have any liability to you or any other person, whether for general, special, punitive, aggravated, economic or other damages, arising out of your usage of the service. You agree to indemnify and hold harmless the Provider for any claims, loss of injury caused to you, your equipment or any other use of the service.
• You agree that the Provider will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. The Provider may add to these Terms and Conditions, as necessary to maintain the integrity and functioning of the System. Additions become effective upon posting physically or online.

Maintenance

In order to maintain this Service in the long-term, the Provider may:

• Institute connection limits, such as limiting speed, number of account logins, or quality of connections.
• Deactivate accounts for any reason whatsoever at the sole discretion of the Provider, including but not limited to, users not abiding by the Terms and Conditions of Use.
• Block outgoing SMTP (Simple Mail Transfer Protocol) email connections or the use of any particular ports.
• Perform regular maintenance and checks of the service without notice which may result in temporarily suspended service to users.
• Perform any other maintenance to this Service as deemed necessary by the Provider.