ROSWELL PARK PUBLIC NETWORK TERMS & CONDITIONS OF USE
Access Limitations
Use of this network is provided as a free service by Roswell Park Comprehensive Cancer Center (Roswell) in conjunction with Verizon. It is not the intent of Roswell to allow unlimited access to the entire Internet. Nor is it the intent of Roswell to create a traditional or limited public forum (i.e., a free speech arena). Therefore, in providing this free network, Roswell may restrict access to certain sites and communication protocols found to be malicious and inappropriate, or terminate your access to this service if you use it to access pornographic, adult-oriented, hate or spyware matter or websites. By using this free network you are agreeing and acknowledging you have read and accepted these terms and conditions of use, and this network provides only limited access to the Internet. In addition, you are agreeing that Roswell may use the e-mail address you provide to offer additional information about Roswell that we believe may be of interest to you. Further, you are agreeing to waive any claims, including, but not limited to First Amendment claims, that may arise from Roswell's decision to block access to pornographic, adult-oriented, hate or spyware matter and websites through this free network and to this service for accessing pornographic, adult-oriented, hate or spyware matter or websites. By reading and accepting these terms and conditions, you are agreeing access to this network is completely at the sole discretion of Roswell and your access to this network may be suspended or terminated at any time for any reason, including, but not limited to, violation of these terms and conditions, actions by you that may lead to liability for Roswell or Verizon, disruption by you of another's access to this free network, actions by you which violate the rights of Roswell or Verizon, or of any other third party or actions by you which violate any federal, state or local law. You also agree not to use this free network in any unauthorized manner to transmit or download any copyrighted matter, whether in audio, video, photographic, textual or any other format, nor to transmit or download any pornographic, adult-oriented, hate or spyware matter, whether in audio, video, photographic, textual or any other format.
User's Obligations
You agree to provide virus and firewall protection for any device(s), which you will be using to access this network.
User's Assumption of All Risks of Use
You agree to and hereby assume all risks (including, but not limited to, the risks of damage caused by hackers, worms, trojans or viruses) arising from, connected to or resulting from your use of this network.
User's Acknowledgments
You acknowledge:
1) The use of this network may not be uninterrupted or error-free.
2) Use of this network may expose you or your device(s) to risks such as hackers, worms, trojans or viruses.
3) Neither Roswell nor Verizon guarantees the security of this network.
4) Unauthorized third parties may access your device(s) or files or otherwise monitor your use of this network.
5) Roswell and Verizon's ability to provide this network without charge is based on the disclaimers and limitations of liability provided in the "Disclaimers" and "Limitation of Liability" paragraphs (below) and provision of this network would require a substantial fee if any of those provisions were unenforceable.
Disclaimers
This network and any products or services provided on, or in connection with, this network are provided on an "as is" and "as available" basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed.
Limitation of Liability
Under no circumstances will Roswell, Verizon or any of their officers, directors, employees, agents or affiliates be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, and arising out of or as aresult of the user's use of this network.
Indemnification
You agree to indemnify and hold harmless Roswell and Verizon and each of their suppliers, licensors, officers, directors, employees, agents or affiliates from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of, or relating to, any actions initiated or caused by you while using this network.
Severability
If any provision of these terms and conditions is held to be unenforceable, such holding will not affect the validity of any of the other provisions of these terms and conditions.