Wifi Terms & Conditions
TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY
WI FI SERVICE
Big White
All users (“You”) of the Big White (“Big White”) Wi Fi service located at the Big White Resort (the “Wi Fi Service”) agree to and must comply with these Terms and Conditions and Acceptable Use Policy (collectively, the “Agreement”). This Agreement is intended to improve the use of the Internet by preventing unacceptable uses. The Big White WiFi Service is carried over the TELUS network (the “network”), and is managed by Meraki WiFi Service Provider, Meraki.
TERMS AND CONDITIONS
1. Acceptance of this Agreement
By utilizing the Wi Fi Service, You acknowledge that You have read and understand this Agreement and that You accept the Agreement and agree to abide by its Terms and Conditions and the Acceptable Use Policy (“AUP”) as they may be amended by Big White from time to time, in its sole discretion. If You do not accept the Agreement, You may not and should not utilize the Wi Fi Service. Please take the time to read the Agreement carefully. The Agreement may be amended by Big White from time to time, in its sole discretion. Use of the Wi Fi Service by You after a change to the Agreement shall constitute acceptance by You of such changed terms. If You do not wish to accept such changes, your sole and exclusive remedy is to refrain from using the Wi Fi Service that Big White is providing to You under this Agreement.
2. The Wi Fi Service Access and Traffic Consumption Allowance.
(a)
Access - You agree that Big White is not liable for files, data or other information that may be lost, corrupted, delayed or damaged on your computer system during your use of the Wi Fi Service, and You agree to hold Big White harmless in the event that any file, data or other information is lost, corrupted, delayed or damaged. You understand and agree that Big White will not restore or reconfigure your computer system at any time. You agree that Big White is not responsible to You or others for any and all losses, damages or claims that you or others may suffer as a result of your use of Big White’s Wi Fi Service.
(b)
Traffic Consumption Allowances – Big White has the right to monitor, measure and report bandwidth consumption by You. Big White reserves the right, in its sole discretion, to establish, modify and/or enforce consumption allowances at any time now or in the future, with or without notice to You, and to apply a surcharge for excess usage subsequent to notice of changes in bandwidth consumption allowances.
3. Support and Maintenance of the Wi Fi Service.
BIG WHITE DOES NOT GUARANTEE THAT CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT BIG WHITE WILL MAKE WI FI SERVICE WORK ON YOUR COMPUTER SYSTEM OR RESOLVE ANY PROBLEMS IN CONNECTION THEREWITH.
Wi Fi Service support may be available on a commercially reasonable basis via telephone, or e-mail. Please contact Big White’s Wi Fi Service provider Meraki at 1.415.432.1203 and support@meraki.com
Big White does not undertake to correct or repair, and shall have no responsibility for, software, hardware or equipment which provides the Wi Fi Service. YOU UNDERSTAND AND AGREE BIG WHITE DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE WI FI SERVICE OR ANY SPEED OF THROUGH PUT OF YOUR CONNECTION TO THE BIG WHITE NETWORK WILL BE AVAILABLE TO YOU.You understand and agree that the speed of the Wi Fi Service provided to You will vary depending upon a number of factors, including your computer system and associated equipment, Internet traffic and associated equipment, and other factors. You understand and agree that the Wi Fi Service may be temporarily limited, interrupted or curtailed due to system capacity limitations; governmental actions; events beyond Big White’s control; or temporary equipment or systems failures or modifications, upgrades, maintenance, repairs or similar activities required or appropriate in connection with the delivery or improvement of the Wi Fi Service.
4.
Integrity of the Big White Network - You understand and acknowledge that Big White’s Network is a shared network. In its sole discretion and with or without notice to You, Big White reserves the right to take any action regarding any improper or other use of the Big White Network needed to prevent or minimize harm to the Big White Network or prevent or minimize disruption of the performance of the Wi Fi Service for other users. Such action may include, without limitation, suspension or termination of access by You to the Wi Fi Service.
ACCEPTABLE USE POLICY
(a)
You agree that You are responsible for the conduct of anyone who uses the Wi Fi Service using your computer system.
(b)
Responsibility for security of your credit card and other information that You provide on the Internet. From time to time You may decide to access third-party Internet sites or order products or services from third parties when You access the Internet. Big White recommends that You use only secure Internet sites when making your credit card and any other information about yourself available to others on the Internet. You agree that You are solely responsible for the security of your credit card and similar information from unwanted charges or use. You agree to hold Big White its agents and affiliates, harmless in the event that your credit cards, bank account numbers, social security number, your identity, or any of your personal information is compromised or utilized by a third party.
(c)
Assignment or sharing of Wi Fi Service. You agree that You shall not resell, share, give away, redistribute, sublicense or otherwise distribute the Wi Fi Service or any portion thereof to any third party in any manner without the prior written consent of TELUS. For example, but without limitation, You may not provide Internet access to others through your connection, host shell accounts, provide e-mail or news services to others, or send or store a news feed.
(d)
Local networking. Big White will support the connection of the Wi Fi Service to a single computer. Big White does not support the setup, configurations and equipment maintenance of devices, including multifunction devices, that may contain a switch, router, firewall, etc., that allow for the connection of multiple computers. You agree that You shall not operate a server of any type that provides services to other users, or for your own use over the Wi Fi Service. You understand and agree that Big White has the right to monitor the Big White Network and, to the extent necessary, your computer system to ensure that You are not providing any services via your connection. You understand and agree that Big White has the right to take any measures it deems necessary in its sole discretion to prevent the use of the Wi Fi Service for uses other than those prescribed in this Agreement.
(e)
Unauthorized Access. The Big White Network is a shared network and is used by many users to access a variety of services. Neither the Big White Network nor the Internet provides security against unauthorized access. Others may access or monitor your activity and conduct while You are using the Wi Fi Service. Big White is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from You or for unauthorized access to your computer. Big White does not warrant any security system it may employ, either hardware or software, for the purpose of preventing unauthorized access to your computer. Any security systems employed by Big White maintain only a minimal level of protection. Big White is not responsible for damages resulting from the use of any such security system. You understand and agree that You are solely responsible for the security of any computer or other device(s) with which You connect to the Wi Fi Service, and any data, programs or information stored on such devices. You are responsible for taking measures to ensure the security of your computer system(s) to prevent unauthorized access to it by others.
(f)
Viruses and Spyware. You understand and agree that Big White is not responsible for any virus or spyware that gains access to your computer over the Big White Network or any damage resulting therefrom. You are solely responsible for taking measures to prevent infection of your computer from viruses and spyware, including installing and maintaining up-to-date anti-virus and anti-spyware software on your computer. In the event that your computer becomes infected with any virus that, in Big White’s sole discretion, may harm the Big White Network or disrupt the performance of Wi Fi Service for other users, Big White may immediately suspend or terminate access by You to the Big White Network with or without notice to You.
(g)
Third-party Services, Products and Content Provided by Others. You understand and agree that while Big White supplies access to the Internet, it is not responsible for the services or products offered by others on the Internet, nor is Big White the publisher of any information on the Internet that is provided by others, including, without limitation, other users on bulletin boards, in chat rooms and similar venues. Big White makes no commitment to review, monitor or filter and does not endorse or otherwise vouch for any service, product, information, programs, data, or content sent, accessed, offered or advertised over the Internet or otherwise made available to You by any individual, information provider, or on-line service or content provider. You understand and acknowledge that some third party services may contain material that may be deemed to be profane, indecent, disturbing, abusive, or offensive and may contain other material You may find problematic. YOU UNDERSTAND AND AGREE THAT NEITHER BIG WHITE NOR ITS SPONSORS OR ITS SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY SUCH CONTENT.
Big White does not exercise editorial control over, nor review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi Fi Service. However, Big White may remove, block, filter or restrict by any other means any materials that, in its sole discretion, may be illegal, may subject Big White to liability or may violate this AUP. Big White may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Wi Fi Service or other actions as detailed below.
(h)
Force Majeure. Big White and its Wi Fi Service provider TELUS/Meraki shall be excused from performance hereunder, and shall not be liable for damages or otherwise, if and to the extent that Big White or its Wi Fi Service provider TELUS/Meraki is unable to perform due to any act, event, cause or condition that is beyond its reasonable control, including but not limited to accidents, acts of God, acts of any government, failure of third-party communications networks, war, terrorist activity, industrial or labor disputes, fire, flood, explosion, civil disorder, power failure, equipment failure, acts of civil or military authorities, theft, vandalism, misuse, insurrection, inability to obtain the necessary supplies, and the like. Big White will not notify You of the occurrence of any such event.
(i)
You acknowledge that the Wi Fi Service is being provided in some of the public areas of Big White (the “Areas”). These are areas where other patrons, the public, and employees at Big White could be located in close proximity to You. Because of this close proximity You acknowledge that other persons, including minors, may be exposed, inadvertently or intentionally, to the contents of the material downloaded or being transmitted or visible or audible on your mobile electronic device. Accordingly, You agree that You will only display images or audible sounds on your mobile electronic device that are suitable for a family audience and otherwise strictly adhere to the content restrictions in the AUP.
The following constitute examples of violations of this AUP. You agree to not use the Wi Fi Service to:
1.
transmit (by downloading, uploading, posting, email or otherwise) or display any material that is unlawful, threatening, abusive, harassing, tortuous, pornographic, defamatory, obscene, indecent, offensive, sexist, distasteful, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable, or not suitable for a family audience, all as solely determined by Big White & TELUS/Meraki;
2.
harm, or attempt to harm, minors in any way;
3.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi Fi Service;
4.
transmit any material (by downloading, uploading, posting, email or otherwise) that You do not have a right to use under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5.
transmit any material (by downloading, uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6.
transmit (by downloading, uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
7.
transmit any material (by downloading, uploading, posting, email or otherwise) that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Wi Fi Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9.
interfere with or disrupt the Wi Fi Service or servers or networks connected to the Wi Fi Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi Fi Service;
10.
intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the Canadian Radio Television Telecommunications Commission, any rules of any national or other securities exchange, including, without limitation, rules of the Canadian Securities Administrators, and any regulations having the force of law;
11.
"stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent or forge, impersonate or misrepresent yourself as another person;
12.
resell the Wi Fi Service without TELUS' written authorization; or
13.
use the Wi Fi Service as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server or for any other use that might affect or have the potential to affect the performance of, damage or overload the Wi Fi Service, Big White Network and/or external communications, in any way.
Reporting a Violation – Big White requests that anyone who believes that there is a violation of this Agreement direct the information to: http://old.bigwhite.com/en/contact_us/. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
Remedial Actions – Big White may take any one or more of the following actions, or other actions not listed, at Big White's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend or terminate your usage on the Wi Fi Service; (3) bill You for administrative costs and/or reactivation charges, with a minimum administrative cost; or (4) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Logos - You acknowledge that the names and logos of Big White, Wi Fi Service sponsor and Wi Fi Service provider are shown on the Wi Fi welcome page. These names and logos are proprietary and protected by copyright and are not to be used or reproduced without the copyright holder’s prior written permission.
Indemnity - You agree to indemnify Big White, Her Majesty the Queen, the Wi Fi Service sponsor and the Wi Fi Service provider, and their respective directors, officers, employees, agents, and those for whom they are responsible in law (the “Indemnitees”), against any and all damages, suits and claims howsoever arising, due to your use of the Wi Fi Service. You agree that any protections, rights or privileges granted to Big White, or any disclaimers in favour of Big White, in this Agreement, shall be extended to give the same protection, rights and privileges to, and disclaimers in favour of, the Indemnitees.