Acceptable Use Policy

 Access to the Service

The City of Manhattan Beach provides free wireless Internet in select City facilities. Wireless Fidelity (WiFi) lets you access the Internet without cables or wires on your privately owned Laptop, PDA or any WiFi enabled device. As the configuration of each manufacturer's device is unique, please refer to your documentation for connection instructions. The City of Manhattan Beach will not be responsible for assisting you in making changes to your devices.

Acceptable Use of the Service

The City of Manhattan Beach supports the free flow of information and ideas over the Internet. Although the City of Manhattan Beach has and accepts no obligation to monitor your use of the Service, nor edit or censor content transmitted (via e-mail, downloading, uploading, posting, or otherwise) through the Service, your access to the Service is conditioned on legal and appropriate 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 Manhattan Beach, its Hosts, or any third party.

The use of the Service for the following activities is prohibited:

• Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.

• Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

• Obscene or Indecent Speech or Materials: Using the City of Manhattan Beach's network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The City of Manhattan Beach will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.

• Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise make available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

• Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

• Hacking: Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

• Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.

• Facilitating a Violation of this Agreement of Use: Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

• Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.

• Other Illegal Activities: Using the Service in violation of applicable laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

• Resale: The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

Notice of Violations of the Acceptable Use Policy

The City of Manhattan Beach requests that anyone who believes that there is a violation of the Acceptable Use Policy (AUP) direct the information to:  is-helpdesk@citymb.info.

Agent to Receive Notification of Copyright Infringement Claims -  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringes your copyright, you (or your agent) may send the City of Manhattan Beach's designated agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact the City of Manhattan Beach's designated agent at:  is-helpdesk@citymb.info.

Disclaimer

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 Manhattan Beach does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the City of Manhattan Beach's and that its hosts ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable. 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 Manhattan Beach, 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, so the above exclusions may not apply to you.

No Consequential Damages

Under no circumstances will the City of Manhattan Beach, its hosts, their 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 Manhattan Beach or its hosts may incur in any action or proceeding exceed $100. 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.

Indemnity

You agree to indemnify and hold harmless the City of Manhattan Beach, its hosts, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that the City of Manhattan Beach may assert under this Agreement or by law.

Interpretation

This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with California law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. The City of Manhattan Beach's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the City of Manhattan Beach's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the City of Manhattan Beach with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the City of Manhattan Beach with respect to its subject matter and supersedes all prior writings or understanding.

Acknowledgment

You acknowledge and agree that YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. By using the Service (clicking I Accept), you agree to all terms set forth.