City of Phenix City, Alabama Public Wi-Fi Acceptable Use Policy

Wi-Fi users should be aware that the inappropriate use of electronic information resources can be a violation of local, state, and federal laws and can lead to prosecution. The user will be held responsible for his/her actions using the Internet or other electronic resources. Users are expected to abide by City of Phenix City policies, which include generally accepted rules of network etiquette. Unacceptable uses of the service will result in the suspension or revocation of internet use privileges.

The internet is a decentralized, unmoderated global network; the City of Phenix City has no control over the content found there. The City will not censor access to material nor protect users from offensive information, and it is not responsible for the availability and accuracy of information found on the internet.

Administrative Monitoring

The City of Phenix City (“City”) reserves the right to administratively monitor this service at all times and by using this service, you expressly consent to such monitoring. Additionally, the City’s system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to such monitoring, exit this system now.

Disclaimer of Liability & Reliability

This service is provided on an “as-is” basis. The City does not guarantee, nor make any warranties regarding, the condition or functionality of this service, its suitability for use, or that it will be uninterrupted or error-free. The City reserves the right to make changes to this service at any time without notice.

This service operates on an unsecured network connection and it may be possible for others using this service to access your computer. By agreeing to this and other statements in this agreement, you agree to hold the City harmless for any and all damage that may occur due to the use of this service.

Because this service connects to the world wide web, once you agree to the terms and conditions of this agreement, the City cannot control the information you access. Each individual website has its own set of policies about what information is appropriate for public access, by which you agree to follow.

Disclaimer of Damages

By using this service, you assume all risks associated with its use, including any risk to your computer, software or data being damaged by any virus, software, or any other file that might be transmitted or activated via access to the service. The City shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues or lost profits, resulting from the use or misuse of this service.

Indemnification

As a condition of use of this service, you agree to indemnify the City, its elected officials, officers, employees and agents against any and all liability, expenses (including reasonable attorney fees) and damages arising out of claims resulting from your use or misuse of this service.

Disclaimer of Association

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and the City as a result of this agreement or use of this service. You agree that you will not hold yourself out as a representative, employee or agent of the City and the City shall not be liable for any representation, act or omission on your part.

Disclaimer of Endorsement

References to any specific commercial products, process or service by trade name, trademark, manufacturer, provider or otherwise that are obtained through use of this service do not constitute or imply an endorsement or recommendation by the City. Views and opinions referenced in any document accessed through use of this service do not necessarily state or reflect those of the City and shall not be used for advertising or product endorsement purposes.

Jurisdiction & Venue

This agreement is governed by the laws of the State of Alabama and venue of any litigation arising under this agreement shall be a court of competent Jurisdiction in Russell County, Alabama or in the United States District Court for the Middle District of Alabama.

Severability

If any provision of this agreement is determined to be illegal, invalid or unenforceable, that provision shall be enforced to the maximum extent possible to most closely match the intent of the original provision and the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.