TERMS OF SERVICE: WIFI Terms and Conditions – Acceptable Use Policy

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY. This document (the Agreement) contains the terms and conditions under which you may access and use the Wifi. By accessing and using the Wifi you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Wifi. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices your sole and exclusive remedy is to discontinue using them. We may revise this Agreement at any time. Use of the Wifi after such changes are posted will signify your agreement to such revised terms.

Terms and Conditions

By using our internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.

The District does not provide encryption or other security measures to protect your system or any information you send or receive over the Internet. As with any Internet connection, there is no inherent security. The District cautions you to use prudence in your transmission of confidential or sensitive information over the Internet.

Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided. Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.

Collection and Use of personal information

By accessing the Service you consent and agree to the collection and use of any personal information provided. We are committed to safeguarding the personal information provided and manage your personal information in accordance with applicable laws.

Examples of Illegal Uses The following are representative examples only and do not comprise a comprehensive list of illegal uses:

1. 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.
2. 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.
3. Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
4. Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk regarding whether material is in the public domain.
5. Pyramid or other illegal soliciting schemes.
6. Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature.
7. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent 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.
8. The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
9. Export Control Violations
10. Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
11. Uttering threats;
12. Distribution of pornographic materials to minors;
13. and Child pornography.

Examples of Unacceptable Uses

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

1. High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)
2. Obscene or indecent speech or materials
3. Defamatory or abusive language
4. 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.
5. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6. Facilitating a Violation of these Terms of Use
7. Hacking
8. Distribution of Internet viruses, Trojan horses, or other destructive activities
9. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
10. Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
11. 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 created for resale.
12. Seeking information on passwords or data belonging to another user.
13. Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
14. Intercepting or examining the content of messages, files or communications in transit on a data network.

The supervision of minor children using the Internet while using the Network is the responsibility of their parents or guardians. Parents and guardians are expected to be, and shall be responsible for providing guidance and control of a minor child’s access to and use of the wireless network, email and the Internet while connected to the Network. Any restriction or prohibition of a minor’s access and use of the Network (that is beyond the scope of these Terms of Use) shall be the responsibility and liability of the minor child’s parent or guardian.

You are responsible for any misuse of the Services that originate from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access to the account. You must ensure that others not gain unauthorized access to the Services. The Services may not be used to breach the security of another user, or to attempt access to anyone’s computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited. YOU MAY NOT DISRUPT THE SERVICES. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also strictly prohibited. YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE.

We are not responsible for any content you post, store, transmit, disseminate or access through use of the Services. Any content questions or complaints you may have regarding content you access should be addressed to the content provider. You are responsible for information published to the Web or other Internet services, through your account. We have no obligation to monitor transmissions made on the Services however, we have the right to monitor such transmissions and to disclose the same in accordance with our Privacy Policy. By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement.

The Services may not be used for Chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages which disrupt another Internet user’s equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of this Agreement of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized. You are not permitted to use the Services to connect to chat servers or channels from which you have been banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive messages.

You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other customer’s use of the Services, nor represent (in our sole judgment) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

GENERAL DISCLAIMER. YOU AGREE AND ACCEPT THAT THE DISTRICT DENIES AND DISCLAIMS ANY AND ALL LIABILITY CONCERNING THIS NETWORK, AND YOUR USE OF THIS NETWORK. FURTHERMORE, YOU AGREE AND ACCEPT THAT: THIS NETWORK, AND ALL OF ITS OPERATIONS, SHALL NOT BE ERROR FREE OR UNINTERRUPTED; THE NETWORK SHALL NOT NECESSARILY MEET YOUR REQUIREMENTS; ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE NETWORK WILL NOT NECESSARILY BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; AND THE NETWORK IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, REGARDING MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY, RELIABILITY, VALIDITY OR NON-INFRINGEMENT, OF THE NETWORK AND ANY OTHER CONTENT THEREIN ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION.

IP INFRINGEMENT. Copying or distributing material found on the Internet may infringe on copyright or other intellectual property rights of others. We are not responsible for such infringements by you. You shall not use the Network to facilitate any such infringement.

BY USING THIS NETWORK YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OF, AND USE OF THIS NETWORK IS AT YOUR OWN RISK AND THAT THE DISTRICT, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY DIRECT, THIRD PARTY, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, DETRIMENTAL RELIANCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR RELIANCE ON, USE OF, INABILITY TO USE THIS NETWORK , OR IN CONNECTION WITH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO THROUGH THIS NETWORK, INCLUDING ANYTHING CAUSED BY ANY TRANSMISSION DEFECTS, VIRUSES, BUGS, WORMS, DESTRUCTIVE FEATURES, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. YOU HEREBY AGREE TO IRREVOCABLY RELEASE THE DISTRICT FROM ALL SUCH LIABILITY, AND YOU WAIVE ALL RIGHTS WITH RESPECT TO ANY CLAIM AND COMPENSATION IN CONNECTION THEREWITH. YOU AGREE AND CONFIRM THAT THIS EXCLUSION ON LIABILITY IS FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.

Indemnification You agree to defend, indemnify and hold harmless The District against any claims, damages, loss, harm, costs, liabilities and expenses (including reasonable lawyers’ fees) arising out of or in any way related to your access to and use of this Service, including any materials (or other content) that you post, store or otherwise transmit on or through the Service, your conduct, your use or inability to use the Service, your breach or alleged breach of the Agreemetn or of any representation, covenant or warranty contained herein, your unauthorized use of the Service, or your violation of any rights of any other person.

——Updated October 29, 2019.

It is The District On Bernard’s policy to respect your privacy regarding any information we may collect from you across our website, https://www.thedistrictonbernard.com/, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

This policy is effective as of 1 January 2019.