Wi-Fi User Terms and Conditions

Wi-Fi User Terms and Conditions
This is a free Hotspot wireless internet Service (the “Service”)
provided by Holiday Inn Vilnius for use by customers of Holiday
Inn Vilnius. All users are required to log-in individually as an
independent user.
1. Our agreement
1.1 This agreement applies from when we accept your request for
Service. Please read the terms carefully before activating Service
with us.
1.2 By using and/or activating Service with us and/or clicking the
accept button on the login/registration page you agree to be
bound by this agreement. If you do not agree to the terms of the
agreement, do not use the Service.
1.3 We may modify the agreement at any time. In accordance
with clause 1.2, use of the Service constitutes acceptance of the
agreement current at that point in time.
1.4 These Terms and Conditions do not alter in any way the terms
or conditions of any other agreement you may have with Holiday
Inn Vilnius for products, services or otherwise. This agreement
contains disclaimers and other provisions that limit our liability to
you.
2. Providing services
2.1 You are responsible for providing all hardware and other
equipment required to access and use the Service (a „„Unit??). We
recommend an 802.11b or above-compatible computer, computer
card, and/or device to access the Service. You are responsible for
ensuring the compatibility of your Unit with the Service. The
availability and performance of the Service is subject to all
memory, storage and other Unit limitations.
2.2 Service is available to your Unit only when it is within the
range of our Wireless LAN.
2.3 All services are provided on an “as is” basis. We do not
warrant that the Service is fault free or fit for any particular
purpose, or that our system is secure. You assume all
responsibility and risk for use of the Service.
2.4 We will always try to make the Service available, but it may
be interrupted, limited or curtailed due to maintenance and repair
work, transmission or equipment limitations/failures, collocation
failures or due to an emergency. We are not responsible for data,
messages or pages that you may lose or that become misdirected
because of interruptions or performance issues with the Service.
2.5 We reserve the right to immediately and without notice,
suspend your access to the Service if we suspect that you are
transmitting a virus (or any other manipulating program capable
of modifying other programs and replicating itself).
2.6 Network speed is no indication of the speed at which your Unit
connected to the Service sends or receives data. Actual network
speed will vary based on Unit configuration, compression and
network congestion. The accuracy and timeliness of data sent or
received is not guaranteed and you accept that delays or
omissions may occur.
2.7 We do not warrant that any particular virtual private network
will be compatible with the Service.
2.8 We will not supply any software to you in connection with the
Service. If you use software packages, applications or
configurations then you accept the risk of any failure of the
Service resulting from the use of such software packages,
applications or configurations.
3. Use of the Service
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or
improper;
(b) You do not use the Service to make offensive or nuisance
communications in whatever form. Such usage includes posting,
transmitting, uploading, downloading or otherwise facilitating any
content that is unlawful, defamatory, threatening, a nuisance,
obscene, hateful, abusive, harmful (including but not limited to
viruses, corrupted files, or any other similar software or
programs), a breach of privacy, or which is otherwise
objectionable;
(c) You do not use the Service to harm or attempt to harm minors
in any way;
(d) You do not act nor knowingly permit others to act in such a
way that the operation of the Service or our systems will be
jeopardized or impaired;
(e) You do not use abusive or threatening behavior towards other
users of the Service, members of our staff or any person in the
vicinity of a Wireless LAN Hotspot;
(f) You do not use the Service to access or use content in a way
that infringes the rights of others;
(g) The Service is used in accordance with any third party policies
for acceptable use or any relevant internet standards (where
applicable).
3.2 You agree not to resell or re-broadcast any aspect of the
Service, whether for profit or otherwise. You accept that your
entitlement to use the Service is for your personal use only and
that you shall not be entitled to transfer your entitlement to use
the Service to any other person or allow any other person to
make use of the Service or of any username or password or other
entitlement supplied to you in connection with the Service.
3.3 You also agree not to modify the Unit or use the Service for
any fraudulent purpose, or in such a way as to create damage or
risk to our business, reputation, employees, subscribers, facilities,
third parties or to the public generally.
3.4 You have no proprietary or ownership rights to any username
or password or to a specific IP address, or e-mail address
assigned to you or your Unit. We may change such addresses at
any time or deactivate or suspend Service to any address without
prior notice to you if we suspect any unlawful or fraudulent use of
the services.
4. Content disclaimer
4.1 Holiday Inn Vilnius does not control, nor is it in any way liable
for, data or content that you access or receive via the Service.
The Internet contains unedited materials, some of which may be
sexually explicit or offensive to you. Whereas Holiday Inn Vilnius
use efforts to restrict such content Holiday Inn Vilnius has no
control over and accepts no responsibility for such materials.
4.2 Holiday Inn Vilnius is not a publisher of third-party content
that can be accessed through the Service and is not responsible
for any opinions, advice, statements, services or other
information provided by third parties and accessible through the
Service. You are responsible for evaluating such content.
4.3 It is your responsibility to evaluate the value and integrity of
goods and services offered by third parties accessible via the
service. Holiday Inn Vilnius will not be a party to nor in any way
be responsible for any transaction concerning third party goods
and services. You are responsible for all consents, royalties and
fees related to third party vendors whose sites, products or
services you access, buy or use via the Service.
4.4 Holiday Inn Vilnius does not guarantee the accuracy,
completeness or usefulness of information that is obtained
through the Service.
4.5 If you choose to use the Service to access web sites or
content provided by third parties or purchase products from third
parties, then your personal information may be available to the
third-party provider. The way third parties handle and use your
personal information related to the use of their services is
governed by their policies and Holiday Inn Vilnius has no
responsibility for their policies, or third parties? compliance with
them.
4.6 Holiday Inn Vilnius is providing this Service to customers free
of charge, and is intended to support general web browsing
activities. Due to limited bandwidth and to ensure a consistent
experience for all customers, our Wi-Fi does not support highbandwidth
actions such as streaming music, streaming video or
downloading large files.
5. Fair Usage
To ensure the provision of a quality of Service to all our
customers and to ensure that the behavior of some does not
disadvantage the majority of our customers, you agree to abide
by any fair use policy which we may apply.
6. Security
6.1 Connecting to the internet does not require to enter any
personal data.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICE. HOLIDAY INN VILNIUS DOES NOT AUTHORIZE ANYONE
TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU
SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR
OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS,
DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES
WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES,
AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE
UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE,
USEFUL, FUNCTIONAL OR ERROR FREE.
8. Limitation of Liability
EVEN IF HOLIDAY INN VILNIUS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF
THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE,
EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES;
PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES
WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF
SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA,
LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR
OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT
PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE,
THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION
OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE,
ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR
LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR
DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE.
9. Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION,
YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN
AN INDIVIDUAL CAPACITY AND NOT AS A CLASS
REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR
REPRESENTATIVE ACTION.
10. Termination
We can cancel this agreement immediately if any of the following
happens:
(a) You break an important condition of this agreement or a
number of less important conditions as determined by Holiday Inn
Vilnius.
11. General
11.1 You agree to indemnify us against any claims, demands,
actions liabilities, costs or damages arising out of your use of the
Service including any material that you access or make available
using the Service, or violation of the agreement, including but not
limited to use of the Service by you (or permitted by you)
involving offensive or illegal material or activities that constitute
copyright infringement. You furthermore agree to pay our
reasonable legal fees and experts? costs arising out from any
actions or claims hereunder.
11.2 You may not transfer or try to transfer any of your rights
and responsibilities under this agreement without our consent. We
may transfer our rights and responsibilities to any third party
without your permission.
11.3 The laws applicable to the interpretation of these Terms and
Conditions shall be the laws of the State of Delaware without
reference to its conflict of law provisions.
11.4 This agreement shall not confer any benefit on a third party
11.5 If any provision of these Terms and Conditions shall be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining
provisions.
11.6 We reserve the right to amend these terms and conditions at
any time.
How to contact us
Write to us at:
Holiday Inn Vilnius, Seimyniskiu str. 1, Vilnius, Lithuania
or
Holiday-inn@ibc.lt