Terms of Service
ROAM WIFI TERMS OF SERVICE AGREEMENT
Welcome to Roam WiFi!
By using Roam’s WiFi, you agree to be bound by the terms and conditions below (the “WiFi Terms of Service”).
Except as provided in “Disclaimer of Warranties” below, nothing in these Terms will be deemed to confer any third-party rights or benefits.
If you choose to use other services (such as an application or website) while using Roam’s WiFi, your use of those services will be governed by the terms and conditions provided to you in association with those services.
PRIVACY AND SECURITY
Although privacy and security are important to Roam and the Third Party Provider, you understand and agree that you shall have no expectation of privacy or security in your use of Roam’s WiFi. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Roam and the Third Party Provider make no assurances that your communications, or activities while using Roam’s WiFi, will be (or will remain) private or secure, and you further agree that Roam and the Third Party Provider assume no responsibility in that regard. You agree that you, and not Roam or the Third Party Provider, are solely responsible for your own privacy and security in using Roam’s WiFi, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.
Roam and the third party provider reserve the right to, and you acknowledge and consent, that Roam and/or the third party provider may (but are not required to) monitor your communications and activities via this services (including their content) during transmission, and in connection with the use of this service, including without limitation information about devices through which you access the service. Roam and the third party provider may use and disclose any such information for purposes of administering the service and provide service functionality, analyzing usage, ensuring your compliance with this agreement, applicable law, in cooperation with legal authorities, and as other wise required to protect Roam’s and the third party provider’s rights, property and interest’s.
We may collect information about your usage of Roam’s WiFi, such as when and for how long you use the network and the frequency and size of data transfers. We may also collect information about the geographic locations of Roam’s WiFi nodes through which you connect to the network.
You understand that Roam’s WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. We will not be liable to you or any other party for any lack of security that may result from your use of Roam’s WiFi, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device(s).
We do not exercise control over other services you may use while using Roam’s WiFi. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.
YOUR RESPONSIBILITIES; PROPER USE
You must have a wireless-enabled device to connect to Roam’s WiFi.
You agree that you are fully responsible for your activities while using Roam’s WiFi (including for any content, information and other materials you access or transmit via Roam’s WiFi), and that you shall bear all risks regarding use of Roam’s WiFi. You agree not to use Roam’s WiFi to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
Examples of Prohibited Conduct include, without limitation:
1. Modifying, adapting, translating, or reverse engineering any portion of Roam’s WiFi;
2. Reselling, renting, sharing or distributing any aspect of Roam’s WiFi;
3. Attempting to break security, access, tamper with or use any unauthorized parts of Roam’s WiFi or any third party devices, accounts, equipment or networks, violating the security or integrity of, or gaining unauthorized access to this Service or any other service, system or communication;
4. Removing any copyright, trademark or other proprietary rights notices contained in or on Roam’s WiFi;
5. Attempting to collect or maintain any information about other users of Roam’s WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
6. Logging onto Roam’s WiFi under false or fraudulent pretenses;
7. Creating or transmitting unwanted electronic communications such as “spam,” chain letters, or other unsolicited communications to other users or otherwise interfering with other users’ enjoyment of Roam’s WiFi;
8. Using Roam’s WiFi to transfer technology, software or other materials in violation of applicable export laws and regulations;
9. Transmitting content that falsely expresses or implies that it is sponsored or endorsed by Roam, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
10. Transmitting any viruses, worms, defects, Trojan horses, any items of a destructive nature, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information;
11. Using Roam’s WiFi to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials;
12. Using Roam’s WiFi for any unlawful, abusive, criminal or fraudulent purpose;
13. Harassing or threatening any party, advocating or otherwise encouraging violence against any government, organization, group, individual or property, or providing instruction, information, or assistance in causing or carrying out such violence;
14. Sending or receiving any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable;
15. Sending, receiving, downloading or printing any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity;
16. Sending or receiving any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; Intercepting, diverting or otherwise interfering with any communication;
17. Imposing an unreasonable or disproportionately large load on any systems or infrastructure;
18. Creating a “mail drop” for such communications, or engaging or permitting e-mail relay services (e.g., “open mail relay”);
19. “Spoofing” or otherwise impersonating any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header or sender identification information in any communication;
20. Engaging in conduct that would expose Roam or its service providers to civil or criminal liability; or
21. Assisting others in engaging in Prohibited Conduct.
This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive. Roam requires and expects that you will be a good Internet citizen and use good judgment when using Roam’s WiFi.
You are responsible for your conduct and the conduct of anyone who uses Roam’s WiFi via your device. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Roam or any other person from harm).
You agree to indemnify, defend, and hold harmless Roam, the Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Roam reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Roam and/or the Third Party Provider in asserting any available defenses.
Without limiting any other available right or remedy, Roam and the Third Party Provider reserve the right to, and you agree that Roam and/or the Third Party Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of Roam’s WiFi and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving Roam’s WiFi. You agree that you will be liable to Roam and the Third Party Provider for any damages incurred or amounts that are required to be paid by Roam and/or the Third Party Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.
We reserve the right to terminate your use of Roam’s WiFi, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Roam to you will terminate.
Roam does not control and is not responsible for third-party data, content, services, or products that you access or download through Roam’s WiFi. Roam may, but is not obliged to, block data transmissions to protect Roam, Roam’s WiFi network, or the public.
DISCLAIMER OF WARRANTIES
Roam and their employees, affiliates, suppliers and licensors disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through Roam’s WiFi. Roam disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Roam disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through Roam’s WiFi.
YOU UNDERSTAND AND AGREE THAT (A) ROAM’S WiFi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF ROAM’S WiFi, (C) ROAM HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF ROAM’S WiFi, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ROAM’S WiFi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Without limiting the foregoing, under no circumstances will Roam be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to hold harmless and indemnify Roam from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of Roam’s WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Roam will provide you with written notice of such claim, suit or action.
We respond to notices of alleged copyright infringement and otherwise comply with the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please email [email protected]
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Roam agree to submit to the exclusive jurisdiction of the courts located within Fulton County, Georgia to resolve any legal matter arising from these Terms or Roam’s WiFi. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Roam.