This agreement (“Agreement”) sets out the terms and conditions on which wireless Internet (“Wi-Fi” or “Internet”) access (“the Service”) is available free of charge to passengers and guests of Adirondack Transit Lines, Inc., Passenger Bus Corporation, Pine Hill-Kingston Bus Corporation, and Trailways Ticketing & Marketing, LLC (collectively, the “Company” or “we” or “us”). The Service is provided by Saucon (“Provider”).
Acceptance of Agreement by User. Access to the Service is at the discretion of the Company and Provider. 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 Company, disruption of access to other users or networks, and violation of applicable laws or regulations. By using the Service, you (“User” or “You”) represent that you are of legal age and have the legal capacity to enter into this Agreement.
Service Availability. A Wi-Fi network compatible device (a “Device”) is required in order to use the Service. It is your responsibility to ensure that your Device is compatible with the Service. Availability and performance of the Service is subject to all memory, storage and other limitations in the Device. Service is available to your Device only when it is within the operating range of our system. Actual Service coverage, speeds, locations and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed at any time and for any or no reason. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks, or damage to your Device from using the Service.
We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users, our network, our organization, or our ability to conduct any activity that we deem in our sole discretion to be in the interests of the Company. Network speed is an estimate and is no indication of the speed at which your Device or the Service sends or receives data. Actual network speed will vary based on Device configuration, compression, distance, network congestion, interference and other factors. Company is not obligated to take any action to maintain or increase network speed and Company retains the right to take any action, in its sole discretion, that may result in a reduction of network speed. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. Company is under no obligation to (i) conform either its hardware or software components to any “Wi-Fi” standard, or (ii) configure such components to be accessible to any fixed or mobile device conventionally equipped to be able to access “Wi-Fi” networks, including, without limitation, notebook and laptop computers, mobile telephones, personal digital assistants and similar devices so equipped.
Use of Service
(a) The Service is intended for use by Company passengers and guests only. The Service must not be used for commercial activity.
(b) You agree not to sell or attempt to sell any aspect of the Service, whether for profit or otherwise, share your Internet Protocol (“IP”) address or Internet Service Provider (“ISP”) Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Device. You may not assign your log-in name, password or IP address to any other person or Device. You agree that we may access your Device and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the Device or network; enable, operate and update the Service and software; investigate activity that may be in violation of the Agreement; or to comply with law.
(c) You agree not to use or attempt to use the Service or your Device for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our organization, reputation, name, employees, users, facilities, or to any person. Improper uses include, but are not limited to: (i) violating any applicable law or regulation; (ii) posting or transmitting content you do not have the right to post or transmit; (iii) posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right; (iv) posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (v) attempting to intercept, collect or store data about third parties without their knowledge or consent; (vi) deleting, tampering with or revising any material posted by any other person or entity; (vii) accessing, tampering with or using non-public areas of the Service, Company’s computer systems and network or Company’s website; (viii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (ix) attempting to access or search the Service, Company’s network or Company’s website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; (x) sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “spam”, “chain mail” or “junk mail”; (xi) using or attempting to use the Service, Company’s network or Company’s website to send altered, deceptive or false source-identifying information; (xii) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service, Company’s network or Company’s website; (xiii) interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to the Service, Company’s network or Company’s website, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service, Company’s network or Company’s website; (xiv) impersonating or misrepresenting your affiliation with any person or entity; (xv) using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, and securities fraud; (xvi) excessively high volume data transfers or bandwidth consumption, hosting of a web server, Internet relay chat server or any other server, and non-traditional end user activities; or (xvii) using the Service collect or use any third party’s personal information in order to obtain money or credit.
(d) You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world. You agree and acknowledge that we will monitor your activity while you use this Service and keep a log of the IP addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.
(e) If we suspect violations of any of the above, we may: (i) institute legal action, (ii) immediately, without prior notice to you terminate this Agreement and the Service, (iii) terminate any other agreements between us and any service provided under those agreements, and/or (iv) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
(f) Company reserves the right to install, implement, manage and/or operate one or more software, monitor or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of this Agreement, including but not limited to any of the activities described in this Sec. 3. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in this Agreement, including but not limited to those activities described in this Sec. 2 and any other activities that may subject Company or its patrons to harm or liability. Company disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Device.
Content Disclaimer: Cautions and Restrictions. We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. The Internet may provide access to content you consider harmful to minors, or otherwise offensive or inappropriate. If you wish to limit access to such content, there are a number of commercially available products that can help you do so. We have the right to, and may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) (the “Content”) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. While using the Service, you may encounter websites created and maintained by third parties to mimic websites maintained by Company or other parties (a “Spoof Website”), such Spoof Websites may contain false information or the third parties that maintain such websites may solicit personal information from you for fraudulent or illegal purposes, you agree that Company has no responsibility to you for any harm you may suffer as a result of information you obtain from such Spoof Websites, or from the misuse of personal information you provide to third parties that maintain such Spoof Websites. You agree that Company has no responsibility to you for any harm you may suffer arising from your use of the Service. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any Content that you create, receive, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so. If you elect to download into your Device or otherwise enable any software, including any “client” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
Term; Termination of Service. This agreement begins on the date Service is activated or used (or is otherwise deemed to have been accepted as provided in Sec.1) and will continue until terminated by you or us in the manner provided in the Agreement. If you breach this Agreement, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law). You breach this Agreement by failing to comply with any provision in this Agreement or any other Agreement between us.
Digital Millennium Copyright Act (“DMCA”) Notice. In operating the Service, we may act as a “services provider” (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. Our designated agent (the proper party for notice) to whom you should address infringement notices under the DMCA is email@example.com. We will use reasonable efforts to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the party who has allegedly infringed.
(a) Company and Provider do not guarantee the security of the Service, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. If you use the Service in a public location, you understand that others may be able to see and observe your use of the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions, and to provide customer billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or other information, in good faith reliance on legal process, if required by law or to protect our rights, business, network, customers or property).
(b) You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted or changed or that they may not reach the intended recipient securely. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service or your Device. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness.
(a) Your access to and use of the Service is at your sole risk. You are entirely liable for your activities. Company does not warrant the accuracy, completeness, timeliness or other characteristics of any content available on or through the Service. The Service and the information on it are provided “as is”. Company makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by use of, or reliance on, or inability to use or access the Service, regardless of the claim or as to the nature of the cause of action, even if Company has been advised of the possibility of such damage or loss.
(b) Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content (including but not limited to user e-mails, discussion groups, chat rooms, blogs, etc.) merchandise, and services available through the Service.
Limitation of Liability. Under no circumstances will Company, their suppliers or licensors, or their officers, directors, employees, agents, and affiliates (the “Company Parties”) be liable for any damages suffered in connection with use of the Service, including but not limited to any lost profits, lost savings, consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on your claims (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. You hereby expressly release the Company Parties from any and all liability or responsibility for any damage caused, directly or indirectly, to you or any third party as a result of the service or the content available through the Service including anything downloaded or accessed. The Company Parties do not represent or warrant that the Service will be available for access all the time or at any time on a continuous, uninterrupted basis, and are not responsible for any inconvenience or other loss that you may suffer as a result. The Company Parties are not responsible for any damage to your computer, Device or other hardware, software, or other property resulting in any way from your use of the Service.
Indemnification. You agree to defend, indemnify, and hold Company and its employees, agents, officers, directors, agents, contractors, suppliers, constituents and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of the Service. Company may participate in the defense of any claim or action at your expense and any negotiations for settlement. Company reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
Governing Law and Forum. This Agreement and all matters collateral hereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws rules of the State of New York. The sole and exclusive jurisdiction of any action or suit in connection herewith will lie in the State or Federal Court located in the County of New York, State of New York. You consent and submit to such jurisdiction and venue. You waive and agree not to assert in any dispute arising hereunder that you are not subject to the jurisdiction of the above-named courts or that any proceeding brought outside of the above-named courts is an inconvenient forum or that venue of any such dispute is improper.
Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
Entire Agreement. This Agreement represents the final and entire agreement between you and us regarding the Service. Electronic images of this agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we do not enforce our rights under any of the provisions of this Agreement, we may still require strict compliance in the future.