Terms and Conditions for Use of the City of New York Free Wi-Fi Service
Personal Use Only
You may use this Wi-Fi Service and technology provided to you free of charge by the City of New York (the “City Wi-Fi Service”) for the sole purposes described hereunder. This free Wi-Fi service may have a usage time limit after which your access and or session shall be terminated. You may be able to log back in after certain gap. This usage time limit and gap in between sessions may be changed from time to time by the City, at the City’s sole discretion, without any notice. By using the City Wi-Fi Service, you expressly agree to be bound by these Terms and Conditions and all applicable laws and regulations governing this Wi-Fi Service. You must immediately notify us of any unauthorized use of the City Wi-Fi Service or any other security breach. We will give you an IP address each time you access the City Wi-Fi Service and it may change. You may not use the City Wi-Fi Service for any other reason, including reselling any aspect of this Wi-Fi Service. Other examples of improper activities include, without limitation:
- Modifying, adapting, translating, or reverse engineering any portion of the City Wi-Fi Service.
- Attempting to break security, access, tamper with or use any unauthorized areas of the City Wi-Fi Service.
- Attempting to collect or maintain any information about other users of the City Wi-Fi Service (including usernames and/or email addresses) or other third parties for unauthorized purposes.
- Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service.
- Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity.
- 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.
- Distribution of any Wi-Fi viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature.
- 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; or
- Using City Wi-Fi Service for any unlawful, harassing (i.e., defamatory, threatening, or intimidating), abusive, criminal or fraudulent purpose. Nor shall you use the City Wi-Fi Service to download material or send or receive e-mails that contain pornographic material (i.e., text, pictures, films, or video clips of a sexually explicit nature), or that contain offensive or derogatory images regarding sex, race, religion, national origin, physical or mental disability, medical condition, or sexual orientation. We have the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).
General Usage
The City Wi-Fi Service shall only: (i) be used by persons 18 years or older; (ii) be used by Business Center Customers/Visitors, and (iii) be used for lawful purposes.
The City Wi-Fi Service is open to anyone, and individual activity and content on the network is not screened or monitored. You may not access internet sites that may be harmful, graphic, or offensive. Network administrators maintain the Wi-Fi Service so that you may find all that is offered online in the way of business and research. You are expected to regulate your own Internet Usage and the City is not responsible for policing your Internet activity online. You agree that the City of New York, its agencies, employees, contractors, and/or subcontractors are not liable for any action or inaction with respect to any such content on the Internet accessible through the City’s Wi-Fi Service.
Changes in City of New York Terms and Conditions of Service and the City Wi-Fi Service; Termination
We may block certain sites, and/or modify the City Wi-Fi Service and these Terms and Conditions of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice. Please review these Terms and Conditions Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by the City of New York to you shall terminate.
Privacy Policy
You understand and agree that the City may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of City or the public.
Your Responsibilities
You understand that the City Wi-Fi Service, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of the City Wi-Fi Service. You agree that you are responsible for providing security measures that are suited for your intended use of the City Wi-Fi Service. For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by the City, you must provide all equipment, technology and software to use the City Wi-Fi Service.
Disclaimers
THIS Wi-Fi SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. THE CITY OF NEW YORK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE CITY OF NEW YORK DOES NOT WARRANT THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, WILL BE COMPATIBLE WITH YOUR EQUIPMENT OR ANY SOFTWARE WHICH YOU USE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER CITY OF NEW YORK, ITS AGENCIES, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN ADDITION, NEITHER THE CITY OF NEW YORK, ITS AGENCIES, EMPLOYEES, CONTRACTORS, NOR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES, EXPENSES, OR COSTS THAT YOU SUFFER AS A RESULT OF: (i) ANY OF YOUR ACTIVITIES THAT VIOLATE THE LAW (INCLUDING COPYRIGHT LAW); (ii) ANY INTERRUPTION OR FAILURE OF THESE WI-FI SERVICE, PRODUCTS, SOFTWARE, EQUIPMENT, OR NETWORK (iii) THE DOWNLOADING OR USE OF ANY INFORMATION, DATA, OR MATERIALS OBTAINED VIA OR FROM THESE WI-FI SERVICE OR DEVICES; (iv) ANY FAILURE TO COMPLETE A TRANSACTION ON THE WI-FI OR USING THESE WI-FI SERVICE OR ANY LOSS OF DATA DUE TO DELAYS, NON-DELIVERIES, MIS-DELIVERIES, OR WI-FI SERVICE INTERRUPTIONS; (v) ANY INTERRUPTION OR FAILURE OF A THIRD PARTY’S SERVICE, PRODUCTS, SOFTWARE, EQUIPMENT OR NETWORK; (vi) ANY UNAUTHORIZED USE OR MODIFICATION OF WI-FI SERVICE, PRODUCTS, SOFTWARE, EQUIPMENT, OR NETWORKS, OR COMBINATION OF THE FOREGOING WITH OTHER SERVICE, PRODUCTS, SOFTWARE, EQUIPMENT, OR NETWORKS; (vii) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (viii) THE ATTEMPT BY UNAUTHORIZED USERS (e.g. HACKERS) TO OBTAIN ACCESS TO YOUR PERSONAL, FINANCIAL, HEALTH, OR OTHER DATA, WEBSITE, COMPUTERS, OR NETWORKS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WI-FI SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Indemnity
You agree to hold harmless and indemnify the City of New York, its agencies, employees, contractors, and/or subcontractors from and against any third party claim arising from or in any way related to your use of the City Wi-Fi Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State and City of New York. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
NOTICE: THIS Wi-Fi SERVICE IS EXCLUSIVELY OWNED AND OPERATED BY TIME WARNER CABLE. BY USING THIS Wi-Fi SERVICE, YOU EXPRESSLY AGREE TO BE BOUND BY TIME WARNER CABLE’S TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THIS INTERNET SERVICE.
These Terms and Conditions constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding the City Wi-Fi Service.
I confirm that I accept these Terms and Conditions as the basis of my use of the City Wi-Fi Service provided hereunder.