TERMS AND CONDITIONS

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE

Your use of the free public internet service (“the Service”) is provided free of charge to you, a visitor, tenant, or employee of the Malibu Country Mart (“the Service Provider”). Your access to the Service is completely at the discretion of the Service Provider and may be terminated at any time for any reason. This is an insecure open wireless network. The Service Provider reserves the right to monitor and collect information while you are connected to the Service. The collected information can be used at discretion of the Service Provider, including but not limited to sharing the collected information with any law enforcement agencies as deemed appropriate by the Service Provider. The Service Provider may revise these Terms and Conditions at any time. You must accept these Terms and Conditions each time you use the Service and it is your responsibility to review it for any changes each time.

YOUR ACKNOWLEGEMENT

By using the Service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the Service Provider reserves the right to permanently disconnect the offending device from the wireless network.

By using the Malibu Country Mart free public internet service (the Service) you hereby expressly acknowledge the risks and issues associated with using any public network and you acknowledge and agree to the following:

• That THIS IS AN OPEN, PUBLIC, UNSECURED NETWORK.
• That all communication over the Service is subject to monitoring.
• That there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information through any public network.
• That you may be exposed to security issues including, without limitation, interception of transmissions, loss of data, and exposure to applications, viruses, and/or other programs that can corrupt or damage your data and/or your device(s).
• That the Service Provider reserves the right to reduce throughput or access to the Service at the Service Provider’s discretion.
• That the Service Provider is NOT liable for any unwanted data or network traffic interception or transmission, computer worm or virus, loss of data, file corruption, security breach, unwanted access, or any other damage to your software, computer, or other device(s) that result from your use of the Service.
• That your use of the Service is subject to these terms and the general restrictions outlined below.
• That at any time, and for any reason, including but not limited to the detection of abnormal, illegal, or unauthorized behavior, or irregular patterns of bandwidth consumption, the Service provider reserves the right to temporarily or permanently disconnect the offending device and/or user from the Service.
• That the Service is provided on an “as-is”, “as available” basis and any without warranty or claim of suitability or fitness for any purpose.
• That the Service may be interrupted and may contain errors.

EXAMPLES OF ILLEGAL USE

The following are representative examples only and do not comprise a comprehensive list of illegal uses:

• Any action that violates any law or regulation.
• 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.
• The illegal or unauthorized accessing of any device, account, network appliance, or network, or any attempt to penetrate or circumvent any security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration or breach, including, but not limited to, port scans, stealth scans, or other illegal information gathering activity.
• The transfer of technology, software, or other materials in violation of applicable export laws and regulations including but not limited to Export Control Violations.
• Uttering threats.
• Child pornography or distribution of pornographic materials to minors.

EXAMPLES OF UNACCEPTABLE USE

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

• Any action that disrupts access to another user or network.
• High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e. torrents).
• Obscene or indecent speech or materials.
• 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 or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
• Facilitating a violation of these Terms of Use.
• Hacking.
• 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, mail-bombing, 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.
• Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
• 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.
• Seeking information on passwords or data belonging to another user.
• Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
• Intercepting or examining the content of messages, files or communications in transit on a data network.
• Download or distribution of underage pornography (or pornography in general).
• Using the network to mine cryptocurrencies.

DISCLAIMER OR WARRANTIES

THE MATERIALS AVAILABLE THROUGH THE SERVICE AND THROUGH ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

THE SERVICE PROVIDER MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE PROVIDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

YOU SPECIFICALLY AGREE THAT THE SERVICE PROVIDER IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT IN USING THIS SERVICE, AND WILL INDEMNIFY AND HOLD HARMLESS THE SERVICE PROVIDER FROM ANY CLAIMS, LIABILITY, DAMAGES OR COSTS THAT RESULT FROM YOUR CONDUCT IN USING THIS SERVICE.

IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY PROVISIONS IN THIS LEGAL NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY, IS TO DISCONTINUE USING THE SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE