Terms of Use of Internet Kiva Networks HotSpot "Kiva Networks"

TERMS, CONDITIONS AND NOTICES

AGREEMENT BETWEEN USER AND Kiva Networks The Service ("Service") consists of providing a wireless or high speed internet connection to authorized users.

This Service is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of this Service constitutes your agreement to all such terms, conditions, and notices.

SECURITY OF YOUR ACCESS AND USE Due to the nature of wireless LAN and High Speed Internet Access networks, control of physical access to the network cannot be ensured. In the case of wireless networks, unlike a wired network where a physical connection is required, anyone within range of a wireless access point can conceivably send and receive frames as well as listen for other frames being sent, making eavesdropping and remote sniffing of wireless LAN frames very easy. In addition, under certain circumstances, third parties could access your computer without your permission while it is connected to the network.

PERSONAL AND NONCOMMERCIAL USE LIMITATION This Service is for your personal, noncommercial use. You may not modify, resell, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site. You may not resell the service in any manner.

COPYRIGHT AND TRADEMARK NOTICES All contents of this Web site are Copyrighted All rights reserved.

LIABILITY DISCLAIMER THESE SERVICES AND THE MATERIALS FOUND ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Kiva Networks FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ACCESSIBLE HEREBY OR CONTAINED WITHIN THE MATERIALS, OR SECURITY OF THE ACCESS OR SERVICE. Kiva Networks MAY MAKE CHANGES TO THE SERVICE, MATERIALS, OR THE PROGRAMS, POLICIES OR OTHER INFORMATION DESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. Kiva Networks MAKES NO COMMITMENT TO UPDATE THE MATERIALS, MAINTAIN THE SERVICE, OR ITS QUALITY. IN NO EVENT SHALL Kiva Networks AND/OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF Kiva Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY PRESENTLY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Service, you warrant to Kiva Networks that you will not use this Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to indemnify Kiva Networks for any unlawful use, intentional or otherwise, including any and all attorneys fees and costs.

LINKS TO THIRD-PARTY SITES Kiva Networks Web sites may contain hyperlinks to Web sites operated by parties other than Kiva Networks. Such hyperlinks are provided for your reference only. Kiva Networks does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

CHANGES TO THIS AGREEMENT Kiva Networks may at any time in its sole discretion modify the Service or the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification.

GENERAL Any claim relating to this Agreement, the Materials, or the Service shall by governed by the laws of the State of Colorado, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Kiva Networks in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiva Networks as a result of this agreement or use of the Service. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Kiva Networks may collect data from you and your use of the Kiva Networks network. Kiva Networks may share this information with whom it chooses. By acceptance of this Agreement, you expressly authorize Kiva Networks to do so.

USE OF THE SERVICE AND ACCESS TO THE WEB SITE The Service is provided solely for you to make legitimate, personal use of the internet and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Service in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use (as well as for authorized use of your account by others). You agree to supervise all usage by minors of this Service site under your name or account. You also warrant that all information supplied by you in using this Service is true and accurate. You agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Service or accessing any Web site by way of the Service. Kiva Networks has no obligation to monitor the information or content that is available or transmitted to or by you through the Service. However, Kiva Networks may monitor these materials periodically to (1) comply with any applicable laws, regulations or other governmental orders; and (2) operate the Service properly or to protect itself and its users. Kiva Networks reserves the right to delete, reject or eliminate in whole or in part any information available or transmitted through the Service that, in Kiva Networks's sole discretion, is in violation of these terms and conditions or is otherwise inappropriate or unacceptable. Kiva Networks reserves the right, but assumes no obligation, to block information from certain domains to protect you from unsolicited information, transmission or distribution of illegal content, or to protect the Kiva Networks network.

VIOLATIONS

a. Accessing, tampering with or using non-public areas of the Service or Kiva Networks Website or Kiva Networks's computer systems and network;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. Attempting to access or search the Service or Kiva Networks Website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Kiva Networks or other generally available third party web browser (such as Microsoft Internet Explorer or Netscape Navigator);

d. Sending unsolicited email, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";

e. Forging any IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Service or Kiva Networks Website to send altered, deceptive or false source-identifying information in violation of state, national and foreign law;

f. Attempting to decipher, decompile, disassemble or reverse engineering any of the software comprising or in any way making up a part of the Service or Kiva Networks Website;

g. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or Kiva Networks Website, overloading, "flooding," "spamming," "crashing,"
or "mailbombing" the Service or the Kiva Networks Website; or

h. impersonating or misrepresenting your affiliation with any person or entity.

Violations of any of the above, including intellectual property infringement and breaches in security, will be investigated by us and, where appropriate, Kiva Networks may institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings, against users who violate the Agreement.