You are about to access the Internet through a wireless Internet access node (the “Service”) operated by the City of Pharr. The purpose of the Service is to provide free public wireless Internet access to visitors of the City of Pharr and residents. You may use the Service only if you agree to the following terms of service each time you access the Service.
Terms of Service (TOS)
Access to WiFi.
The WiFi service is a free public service provided by the City of Pharr. Your access to the Service is completely at the discretion of the City of Pharr, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the City of Pharr, disruption of access to other Users or networks, or violation of applicable laws or regulations. The City of Pharr may revise the TOS at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time. This is an open wireless network. No network communication is 100% secure.
Please remember: NO network communication should be considered private or protected. All communication over the City of Pharr’s network is subject to monitoring. Additionally, media and material stored in the City of Pharr’s network environment are subject to disclosure under the Freedom of Information Law. The City of Pharr reserves the right to reduce throughput or access as need be.
Acceptable Use of the Service.
Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of the City of Pharr, or any third party. The City of Pharr cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that the City of Pharr does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection.
THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE CITY OF PHARR, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
No Consequential Damages.
UNDER NO CIRCUMSTANCES WILL THE CITY OF PHARR, ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT THE CITY OF PHARR OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR VOLUNTEERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
THE USE OF THE SERVICE FOR THE FOLLOWING ACTIVITIES IS PROHIBITED:
Spamming and Invasion of Privacy of Others, Violating Intellectual Property Law, Transmitting Obscene or Indecent Speech or Materials, Transmitting Defamatory or Abusive Language, Hacking or Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities.