Cataract and Eye Disease Specialists, Inc. (“Business”) offers free wireless high-speed Internet access (“Wi-Fi System”).  This Wi-Fi End User Acceptance Agreement (“Agreement”) governs each party’s rights and responsibilities relating to the use of the Wi-Fi System. BY YOUR USE OF THE WI-FI SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, you may not use the Wi-Fi System. 

The Business Wi-Fi System is a free wireless internet service (Service) provided to the Patients and guests of our Office, in the Waiting Room or Office area. All other individuals are not permitted to use this service. 

Access to Wi-Fi System

By using the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service, you acknowledge and agree to follow this Policy and the terms of this Policy as stated herein. Your violation of this Policy may result in the suspension or termination of your access to the Service.

By using the Wi-Fi System, you acknowledge (1) that the Wi-Fi System may not be uninterrupted or error-free; (2) that viruses or other harmful applications may travel through the Wi-Fi System; (3) that the Business does not guarantee the security of the Wi-Fi System and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (4) that the Wi-Fi System is provided “as is” and on an “as available” basis, without warranties of any kind, whatsoever; (5) that the Business may change access codes, usernames, passwords or other security information necessary to access the Wi-Fi System at any time; and (5) that you assume all risk associated with your activities conducted online through the Wi-Fi System and assume all liability and damages incurred by yourself, the Business, or a third party that arise or result from your activities conducted online through the Wi-Fi System, whether known or unknown at the time of use.

Use of the Wi-Fi System shall not be construed as creating a relationship of any kind between the Business and any user of the Wi-Fi System. 

Acceptable Use of Wi-Fi System

This Agreement is intended to prevent unacceptable uses of the Wi-Fi System.  Business does not actively monitor the use of the Wi-Fi System under normal circumstances.  Access to the Wi-Fi System may be denied, blocked, suspended, or terminated by Business at any time for any reason including but not limited to, violation of this Agreement, actions that may lead to liability for Business, and violation of applicable local, state or federal laws or regulations. Business will fully cooperate with law enforcement upon receipt of notice that use of the Wi-Fi System is in violation of applicable law. 

Activities conducted online (LAN,WAN or otherwise) through the Wi-Fi System shall not violate any applicable law or regulation or the rights of the Business or any third party.  Examples of prohibited activities include, but are not limited to:

• Spamming and Invasion of Privacy
• Intellectual Property Rights Violations
• Obscene or Indecent Speech or Materials
• Defamatory, Threatening,  Abusive or Harassing Language
• Distribution of Internet Viruses, Trojan Horses or other Destructive Activities
• Interfering with or disrupting the Wi-Fi System or servers or networks connected to the Wi-Fi System, or disobeying any requirements, procedures, policies or regulations of networks connected to the Wi-Fi System
• Any other actions that may otherwise be unlawful or inappropriate
• Using the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rule or regulations promulgated thereunder.
• Using the Service to harm, or attempt to harm other persons, businesses or other entities.
• Using the Service to transmit any material that threatens or encourages bodily harm or destruction of property or harasses another.
• Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.
• Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
• Using the Service to transmit or facilitate any unsolicited commercial email or unsolicited bulk email.
• Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the access, corruption or loss of data.
• Using the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Reselling the Service.
• Using the Service for any activity which adversely affects the ability of other people or systems to use the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is your responsibility to ensure that your network is configured in a secure manner.
• Using your personal account for high volume or commercial use is prohibited. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, messaging, and browsing of the Internet. You may stay connected so long as you are actively using the connection for the above purposes. You may not use the Service on a standby or inactive basis in order to maintain a connection. Accordingly, Cataract and Eye Disease Specialists, Inc., maintains the right to terminate your connection following any extended period of inactivity.
• File transfers exceeding sizes of 100mb (megabytes) will be terminated once limit is reached with no warning.

Indemnification

You agree to indemnify, defend, and hold harmless Cataract and Eye Disease Specialists, Inc. and its officers, directors, stockholders, employees, contractors, agents, successors and assigns or other partners from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Agreement or your violation of any rights of another. 

This Agreement shall be governed, interpreted and construed according to the laws of the State of Missouri.

Limitation of Liability’s

Business, its officers, directors, stockholders, employees, contractors, agents, successors are not liable for any costs or damages arising, either directly or indirectly, from your use of the Wi-Fi System or the Internet, specifically including any direct, indirect, incidental, exemplary, special, punitive or consequential damages.

LIMITATION OF LIABILITY. You assume total responsibility for use of the Service and the Internet and access the same at your own risk. Cataract and Eye Disease Specialist, Inc. and its officers, directors, stockholders, employees, contractors, agents, successors or other partners, has no responsibility whatsoever for the content accessible or actions taken on the internet and the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service network, and shall not be liable to you for any direct, indirect, incidental, special or consequential damages of any kind including but not limited to any loss of use, loss of business, and/or loss of profit, arising out of or related to this terms of service.

Under no circumstances will Cataract and Eye Disease Specialists, Inc. and its affiliates, officers, directors, stockholders, employees, contractors, agents, successors or other partners of the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service be liable to you or any third parties for any amount. 

DISCLAIMER OF WARRANTIES. The Service is provided on an “as is” and “as available” basis. Cataract and Eye Disease Specialists, Inc. and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, makes no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose. No advice or information given by Cataract and Eye Disease Specialists, Inc. and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of Cataract and Eye Disease Specialists, Inc. Wi-Fi Service shall create a warranty. Cataract and Eye Disease Specialists, Inc. and its affiliates, officers, employees, agents, suppliers, sponsors or other partners does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. 

REVISIONS TO THIS ACCEPTABLE USE POLICY. Representatives of the Cataract and Eye Disease Specialists, Inc. Wi-Fi Service reserve the right to revise, amend, or modify this Policy, other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.