WiFi Terms and Conditions

WiFi Terms and Conditions

The San Mateo County Transit District (SamTrans) offers WiFi Internet connectivity service (service) to patrons at no cost provided that all patrons are of legal age and have read and agreed to these terms and conditions (Terms and Conditions). SamTrans reserves the right to change or terminate the service or change these Terms and Conditions at any time. By clicking "I agree" below, you are entering into a binding agreement (Agreement) and you are representing that:

  1. You have read, understand and agree to this Agreement; and
  2. You are at least 18 years of age.

If you do not agree to the terms of this Agreement, you may not connect to or use the Wi-Fi. Your electronic acceptance of the Agreement by entering "I agree" has the same effect as if you had actually signed this Agreement. The effective date of this Agreement is the date that you enter "I agree."

Terms and Conditions of Use
SamTrans provides the WiFi as a free service to all members of the public with WiFi enabled devices (Users) within range of SamTrans' buses. In providing this free WiFi service, SamTrans may restrict your access to certain sites considered by the SamTrans to be illegal, malicious or inappropriate. By using the WiFi, you acknowledges that you are subject to, and agree to abide by all state and federal rules, laws and regulations applicable to Internet use, and this Agreement.

The Internet is a public communications network and SamTrans is not responsible for the accuracy, timeliness, quality, nature, character, or privacy of content that is accessed or transmitted by patrons using the Internet via the SamTrans network.

You agree not to utilize WiFi to view, transmit, receive, upload, download, or monitor any materials or other communications, in any format, that: (i) infringes on another's intellectual property rights, rights of privacy, rights of publicity, or other rights; (ii) is obscene, threatening, abusive, harassing, tortuous, defamatory, libelous, harmful, fraudulent, or prohibited by law; or (iii) interfere with the operation, use or enjoyment of the WiFi, SamTrans' network security, or any other SamTrans service, system or property. Examples of prohibited activities include, without limitation:

  1. Modifying, adapting, translating, or reverse engineering any portion of the SamTrans WiFi;
  2. Attempting to break security, access, tamper with or use any unauthorized areas of the SamTrans WiFi;
  3. Attempting to collect or maintain any information about other users of the SamTrans WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
  4. Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service;
  5. Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
  6. 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;
  7. Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
  8. 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; or
  9. Using SamTrans WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose.

SamTrans has the right to monitor, intercept and disclose any transmissions over or using our facilities and services, and to provide User information, or use records, and other related information under certain circumstances to third parties (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).

You understand and agree that there are security, privacy and confidentiality risks inherent in all WiFi communications and associated technologies and that SamTrans does not make any assurances, representations, or warranties relating to such risks. SamTrans is not responsible for providing security measures for patron software or hardware or use of the Internet. You are solely responsible for providing all appropriate antivirus and firewall software, and other desired or necessary protections for their devices. You understand that third parties may access your device or files or monitor your connection to the WiFi.

You understand and agree that the infrastructure providing the WiFi is owned by SamTrans and you do not have an expectation of privacy in connection with your use of the WiFi. You agree your access to the WiFi may be monitored, suspended or terminated by SamTrans at its sole discretion, at any time, and for any reason, including but not limited to, violation of SamTrans policies, SamTrans' internet usage guidelines, violation of this Agreement, violation of any law, and excessive bandwidth consumption.

Disclaimer of Warranties
The WiFi is provided on an "as is" and "as available" basis. SAMTRANS HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND RELATED TO THE WIFI, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR USE. SAMTRANS disclaims any warranty and makes no guarantee regarding: (i) the availability of the WiFi; (ii) the speed at which information may be transmitted or received via the WiFi; (iii) that the WiFi will be compatible with your equipment or any software which you use; (iv) that the WiFi is secure, free of viruses or other harmful code; (v) that unauthorized third parties will not access your computer or files or otherwise monitor your connection; or (vi) that problems will be corrected, even if SamTrans is on notice of such problems. You agree that no oral or written information provided by SamTrans, its directors, officers, employees, or agents shall create any warranty.

Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WIFI IS AT YOUR OWN RISK. SAMTRANS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY FOR ANY AND ALL DIRECT OR INDIRECT LIABILITY OR COSTS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WIFI, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES RELATED TO LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF DATA, CONFIDENTIALITY OR SECURITY.

Indemnification
You agree to indemnify and save harmless SamTrans, its officers, directors, employees, and agents from, and, if requested, shall defend and promptly reimburse them for, any all losses, claims, damages, injury, settlements, costs, expenses (including without limitation reasonable attorney's fees) and liabilities of any nature arising out of or in any way connected to your use of the WiFi or any breach of this Agreement.

No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Agreement to these Terms and Conditions is required to use this service. To agree, please click on the "Accept and Get Connected" button to begin service.

 

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