For the convenience of our hotel guests and their immediate family (collectively “you” or “your”),
the independent owners/ operators of this Microtel Hotel (“we”, “us” or “our”) are pleased to provide, free of charge, high-speed Internet access service (the “Service”) in your room and in select meeting rooms. All use of the Service is governed by this Internet Usage Policy (“Policy”). By your use of this Service, you expressly acknowledge and agree to the provisions of this Policy, and you hereby release us, Microtel Inns and Suites Franchising Inc. (Microtel) and our affiliates, and our respective shareholders, directors, officers, employees and agents, and the successors and assigns of us and any of them, from any liability or responsibility for any damages you may incur or cause to be incurred as a result of your use of the Service, including, without limitation, the matters expressly set forth below. In addition, you expressly acknowledge and agree that: (i) our hotel is independently owned by us and operated under license from Microtel, and (ii) you have no recourse against Microtel or its shareholders, directors, officers, employees, agents, successors or assigns for any loss, expense, liability, damage or damages, direct or indirect, that you may incur or cause to be, incurred as a result of your use of the Service. 1.
a. Subject to the terms and conditions of this Policy, only hotel guests and their immediate family are authorized to use the Service. Children under the age of eighteen (18) must have parental permission to use the Service.
b. Please note that we reserve the right to terminate your use of the Service at any time for any reason or no reason at all We also reserve the right to disconnect the Service without notice for any reason or no reason.
2. INTERNET CONTENT
NO INTERNET CONTENT FILTERS as you may be aware, the Internet contains unedited material, some of which may be offensive to or inappropriate for some people. NEITHER WE NOR MICROTEL, NOR ANY OF MICROTEL’S OR OUR AFFILIATES, ACCESS PROVIDERS OR CONTRACTORS, NOR OUR OR THEIR RESPECTIVE EMPLOYEES, HAS ANY CONTROL OVER THE CONTENT OR MATERIALS AVAILABLE TO YOU ON THE INTERNET OR MADE AVAILABLE TO OTHERS BY YOU AS A RESULT OF YOUR USE OF THE SERVICE. NO WEBSITE FILTERING OR SCREENING PROGRAMS ARE PROVIDED WITH SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO SUPERVISE YOUR CI-IILDREN’S USE OF THE SERVICE TO PREVENT THEIR EXPOSURE TO OBJECTIONABLE OR INAPPROPRIATE MATERIALS. PARENTAL CONTROL SOFTWARE OR OTHER PROTECTIONS ARE COMMERCIALLY AVAILABLE AND MAY ASSIST YOU IN PREVENTING ACCESS TO WEBSITES CONTAINING CONTENT HARMFUL TO MINORS; PLEASE CONTACT THE FRONT DESK IF YÖU WISH TO OBTAIN INFORMATION REGARDING WEBSITES AT WHICH YOU CAN OBTAIN INFORMATION REGARDING CURRENT PROVIDERS OF SUCH PROTECTION.
3. LIMITATIONS REGARDING THE SERVICE AND DISCLAIMER OF LIABILITY AND WARRANTIES
You understand and agree to the following:
a. The Service is only a passive, high-speed conduit to the Internet strictly on an “AS IS,” “WHERE IS”
and “AS AVAILABLE” basis without any express guarantee or assurance of quality, reliability or functionality.
b. The Service has no firewall, virus protection software, power surge protection for your equipment or any other security or protective system or device. As a result, neither we nor Microtel have any responsibility or liability for any, direct or indirect, which may arise out of your use of the Service or the termination of your use of the Service, regardless of whether we are at fault. Such damages may include, but are not limited to, equipment failures, viruses, short circuits, lass of data or privacy (including, but not limited to, theft of sensitive information, damage to software and identity theft); loss or damage to software, data or hardware of any kind or for any reason; actions by other user of the Service or Internet; or any other occurrence arising auf of or related to your use of the Service.
c. Neither we nor Microtel have any responsibility liability for any illegal or criminal activity on the Internet to which you or anyone else may become exposed as a result of your use of the Service or the use of the Service by anyone permitted by you to access the Service. d. Neither we nor Microtel have any responsibility for any use or misuse of the Service by you or persons permitted by you to the Service, including, without limitation, use of the Service by children that results in access to or viewing of inappropriate or objectionable websites. e. Neither we nor Microtel have any responsibility or liability for any damages, direct or indirect, caused by (i) configuration or similar changes mode to your Computer at the suggestion or instruction of our help desk, should we have one, or any of our employees or (ii) downloading, using or installing any unauthorized or unlicensed software or data including, without limitation, screen savers, games, time or logic, lockout or disabling devices or Code, Trojan horses, viruses or worms, regardless of whether we are at fault.
BOTH MICROTEL AND WE HEREBY DISCLAIMER ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO TI-IE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, AVAILABILITY OF INTERNET ACCESS, SECURITY VIRUS PROTECTION, PROTECTION FROM EXPOSURE TO OBJECTIONABLE, ILLEGAL OR INAPPROPRIATE INTERNET CONTENTAND THEFT OR LOSS OF PASSWORDS, USER ACCOUNT INFORMATION 0R DATA.
4. NO PRIVACY
You waive any expectation privacy with respect to anything you create, store, send or receive in connection with your use of the Service. We have the right, without creating any obligation to do so, to access, audit and monitor any communication or information you create, share, send or receive in connection with your use of the Service. Information obtained in the course of access, auditing and monitoring of the Service may be used or disclosed by us, at our sole discretion or election, third parties to comply with laws, regulations, court, subpoenas or other governmental procedures without notice to you.
5. NO MISUSE
You hereby acknowledge and agree that any Misuse of the Service is expressly prohibited. Misuse” includes, without limitation: (i) using the Service to send, receive, print, display, perform, or otherwise disseminate material that is unlawful, abusive, invasive, defamatory, fraudulent, obscene, pornographic, offensive, vulgar, threatening, harassing or malicious; (ii) using the Service to copy, send, receive, print, display or otherwise disseminate files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) using the Service to disseminate unsolicited e-mail of any kind, regardless of the content or nature of such messages, or to post the same or similar message to one or more newsgroups; (iv) attempting to access a part of the Service assigned to another person or to which you have not been granted authorized access, or otherwise undermining or circumventing security devices, firewalls, virus protection, content filters, procedures or access within the Service or anywhere else via the Service; (v) unauthorized and intentional copying, destruction, deletion, distortion, removal, concealment, modification, or encryption of, or otherwise interfering integrity of, messages, files, or other data affecting the Service; (vi) downloading, using or installing any unauthorized or unlicensed software or data, including, without limitation, screen savers, games, time or logic bombs, lockout or disabling devices or code, Trojan horses, viruses or worms; (vii) tampering with or taking any equipment used to provide the Service, including, without limitation, telephones, modems, cable, power supplies, electronic components or similar equipment; (viii) using the Service to copy, send, receive, print, display or otherwise disseminate, data that contains or includes confidential, trade secret or proprietary information of ours, or our clients or customers; (ix) using the Service in violation of any applicable federal, state or local law including, but limited to, hacking, cracking, bugging, virus distribution or accessing or tampering with government or private data or users without authorization; or (x) using the Service to engage in any other activity deemed by us to be in conflict with the spirit and intent of this Policy.
6. COMPLIANCE AND INDEMNIFICATION
You must comply with all software licenses, copyrights and all other state, federal and local laws governing intellectual property and online activity. You agree to defend, indemnify and hold us, Microtel, and our respective shareholders, directors, officers, employees and agents, and Microtel’s and our affiliates, and their respective shareholders, directors, officers, employees and agents, and the successors and assigns of us and any of them, harmless from and against any and all cost, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of or rebated to your use of the Service.
7. MISUSE OF THE SERVICE
In the event that you Misuse the Service, as provided above, then in addition to any other rights and remedies available to us, we may, without any notice to you, limit or discontinue your use of the Service and require you immediately to vacate our property.
8. CHANGES TO POLICY
We may, from time to time, amend or modify this Policy. Your use of the Service after being provided with, or otherwise being notified of, the amended or modified Policy shall be deemed to be with full knowledge and acceptance of all terms therein.