HiTest





<br /> Firewall Disclaimer<br />



Terms and Disclaimer Agreement

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This is a free public WiFi service ("WiFi Service") provided by the State Department of Commerce and Consumer Affairs ("State") and the County of Hawai`i ("County") through its Department of Information Technology.

The WiFi Service provides Internet access through an unsecured wireless network. It is strongly recommended that you do not use the WiFi Service to transmit personal, financial, or legal data (including name, address, passwords, telephone numbers, social security number, and credit card information).

Please note that County employees may not provide you with technical assistance to access the WiFi Service through your personal device.


By clicking on "Accept and Connect" and use of the WiFi Service, you acknowledge and agree to be legally bound by the following terms and conditions ("Terms and Conditions").

The Terms and Conditions may be revised at any time. It is your responsibility to review the Terms and Conditions for any changes each time you use the WiFi Service.

Your access to the WiFi Service is completely at the discretion of the County, and your access to the WiFi Service may be blocked, suspended, or terminated, temporarily or permanently, at any time and for any reason including but not limited to violation of the Terms and Conditions, disruption of access to other users or networks, and violation of applicable laws or regulations. The WiFi Service may also be limited or unavailable because of emergencies; third party service failures; transmission, equipment or network problems or limitations; interference; and maintenance and repair. The WiFi Service may also be modified or terminated without notice.

The County has the right, but not the obligation, to suspend or terminate your access and use of the WiFi Service, and to block or remove (in whole or in part) any communications and materials transmitted through the WiFi Service that the County believes, in its sole discretion, may violate the Terms and Conditions, applicable law, a third party's rights, or that is otherwise inappropriate or unacceptable. The County also has the right, but not the obligation, to monitor, intercept and disclose any transmissions over or using the County’s facilities, and to provide use records and related information under certain circumstances, including but not limited to cooperation with legal authorities and/or third parties involved in the investigation of any suspected or alleged crime or civil wrongdoing, response to lawful process, orders, warrants or subpoenas, and protection of the County’s rights, property and WiFi Service users.


Security Disclaimer

You understand that the WiFi Service, which is an unsecured public wireless communications service, is not inherently secure and that wireless communications can be intercepted by third parties through use of technology designed and intended for that purpose. You also understand that there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information through the Internet. Possible risks include, but are not limited to, interception of transmissions, loss of data, and the introduction of malware and other threats that can corrupt or damage your computer or device. You are responsible for safeguarding your data and equipment from loss or damage by use of virus and security protections. The County will not be liable to you or any other party for any interception of transmissions, computer malware, loss of data, file corruption, hacking, or any other damage to your computer or device that results from your use of the WiFi Service.


Prohibited Uses

The WiFi Service shall not be used for any purpose that violates any applicable law or that in any manner could damage the property of the County or any other individual or entity.

Examples of prohibited activities include, but are not limited to, the following:

  • Spamming and Invasion of Privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the WiFi Service or using the WiFi Service for activities that invade another person’s privacy, including but not limited to seeking passwords or data belonging to another user, and intercepting or examining the content of messages, files, or communications in transit on a data network.
  • Intellectual Property Right Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service mark, trade secrets, or any other proprietary right of any third party.
  • Obscene or Indecent Speech or Materials - Using the WiFi Service or County’s network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. The County will notify and fully cooperate with law enforcement if it becomes aware of any use of the WiFi Service in any connection with child pornography or the solicitation of sex with minors.
  • Defamatory or Abusive Material or Language - Using the WiFi Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm or destruction of property or that constitutes harassment.
  • 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; or engaging in other 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 the Terms and Conditions - Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate the Terms and Conditions, 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 - Transferring 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 WiFi Service in violation of applicable law and regulation, including but not limited to advertising, transmitting, or otherwise making available Ponzi schemes; pyramid schemes; fraudulently charging credit cards; pirating software; distribution of pornography; or making fraudulent offers to sell or buy products, items, or services.
  • Resale - The sale, transfer, or rental of the WiFi Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
  • High Bandwidth Operations - Using the WiFi Service for high bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e. torrents).
  • Circumventing Filtering or Security Measures - Using any measures or actions to circumvent the content filtering software or any security systems of the WiFi Service or the County’s network.


Content Disclaimer and Additional Responsibilities of WiFi Service Users

The WiFi Service uses content filtering software to access the Internet. However, materials that you may find objectionable or offensive may not be blocked. The State and the County are not responsible or liable for any third-party information, content, services, products, software or other material that can be accessed through the WiFi Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability, accuracy, timeliness or delivery of such services, products and other information. You are responsible for paying any charges that you incur from third parties through your use of the WiFi Service, and your personal information may be available to third parties that you access through the WiFi Service.

It is your responsibility to demonstrate good judgment, respect for others, and appropriate conduct while using the WiFi Service. You accept responsibility and acknowledge that some sites may reasonably be deemed offensive to others around you, and that images and content on the screen of your computer or device may be visible to those around you and not appropriate for viewing by all. You may be asked by County employees to discontinue accessing sites or engaging in other Internet behavior that others may find inappropriate.


Use by Minors

Although the WiFi Service provides some content filtering, no filtering software can control access to all materials that an individual may deem inappropriate. Words, images, or sounds that may be considered inappropriate or offensive by an individual may not be blocked because no filtering software program is 100% effective.

The nature of the Internet requires users to exercise critical thinking skills to determine if the content is truthful, relevant, and appropriate. The County employees will not supervise children using the WiFi Services. Parents or legal guardians are solely responsible for supervising their child’s Internet use. Parents or legal guardians should let their children know if there are materials they do not want them to access or use and how to use the Internet safely, including instructing them to never send personal information (including name, address, passwords, telephone numbers, social security number, and credit card information) over the Internet or to arrange a face-to-face meeting with another computer user without parent/guardian permission.


Disclaimer and Limitation of Liability

Use of the WiFi Service is at your own risk. You acknowledge (i) that the WiFi Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the WiFi Service; (iii) that the County does not guarantee the security of the WiFi Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; and (iv) that the County’s ability to provide the WiFi 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 WiFi Service is provided on an "as is" and "as available" basis. The County does not make, and hereby disclaims, any and all other express and implied warranties or conditions, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. The County does not warrant that the services will perform at a particular speed, or will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

The County has no control over information available through the Internet. You should be aware that the content on the Internet may not necessarily be verified as accurate, current, appropriate, or legal, and that you are solely and personally responsible for your use of the Internet.

You assume total responsibility for use of the WiFi Service. Under no circumstances shall the County be liable for consequential, indirect, special, punitive or incidental damages of any nature, or for any lost revenues, lost profits, of loss of business, whether foreseeable or unforeseeable, based on 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, suffered as a result of: (i) any interruption or failure of the WiFi Service; (ii) the downloading or use of any information, data or materials obtained via the WiFi Service or from the Internet; (iii) any failure to complete a transaction on the Internet or using the WiFi Service or any loss of data due to delays, non-deliveries, mis-deliveries, or WiFi Service interruptions; (iv) any unauthorized use or modification of the WiFi Service; (v) viruses, worms, trojan horses, or other undesirable data or software; or (vi) the attempt by an unauthorized party (e.g., hackers) to obtain access to your data, website, computers, or networks.


Indemnification

You agree to indemnify, defend, and hold harmless the County, its officers, employees, and agents 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 WiFi Service, any materials downloaded or uploaded through the WiFi Service, any actions taken by you in connection with your use of the WiFi Service, any violation of any third party's rights or any violation of law or regulation, or any breach of the Terms and Conditions.


Miscellaneous Provisions

The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Hawaii. If a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.

The Terms and Conditions constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the WiFi Service. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the mayor of the County.


Contact

Questions or comments about the WiFi Service or Terms and Conditions may be directed to: [email protected]

Do you agree to the above terms?