Rochdale Borough Council is pleased to provide a free wireless
internet service to visitors at some Rochdale Borough Council sites
including Number One Riverside.
This is an open unencrypted connection to the internet and
therefore inherently INSECURE.
What we do with your personal details
We'll only store this information for as long as you're logged
onto the council's wireless connection. You'll need to log on each
time you wish to use the wireless network.
Access to the service
The service is a free public service provided by Rochdale
Borough Council. Your access to the service is completely at
the discretion of the council and your access to the service may be
blocked, suspended, or terminated at any time for any reason
including, but not limited to, violation of this agreement, actions
that may lead to liability for the council, disruption of access to
other users or networks, and violation of applicable laws or
regulations.
There are no guaranteed availability claims on the public
wireless connection and no service level agreements. Therefore, we
strongly recommend that no person ought to rely upon the public
wireless connection for business use. If internet access is
required for a business on the premises, whether wireless or
wired, an application should to be made to Rochdale Borough Council's ICT Department.
Rochdale Borough Council may revise this agreement at any
time. You must accept this agreement each time you use the service
and it is your responsibility to review it for any changes each
time.
Acceptable use of the service
Rochdale Borough Council supports the free flow of information
and ideas over the internet. 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 council, or any third party. A fair usage policy
applies which is similar to 'unlimited data packages' from mobile
carriers. If we see excessive or disproportionate bandwidth usage,
we reserve the right to limit, remove, or charge. We will notify
anyone to whom this applies ahead of invoking the
policy. (It won't apply to all - just to a user that abuses
the fair usage policy).
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 council wireless connection to advertise, solicit, transmit,
store, post, display, or otherwise make available obscene or
indecent images or other materials. Rochdale Borough Council 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 making 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
authorisation 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 Service 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.
Other illegal activities: Using the 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, 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 terms and acceptable use
agreement
Rochdale Borough Council requests that anyone who believes that
there is a violation of the terms to contact us.
Disclaimer
You acknowledge:
- That the service may not be uninterrupted or error-free;
- That viruses or other harmful applications may be available
through the service;
- That the council does not guarantee the security of the service
and that unauthorised third parties may access your computer or
files or otherwise monitor your connection.
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 council, 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.
No consequential damages
Under no circumstances will Rochdale Borough Council, its
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 their customers (including, but not limited to,
unauthorised 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.
Indemnity
You agree to indemnify Rochdale Borough Council, its suppliers
and licensors, officers, directors, employees, agents and
affiliates from any claim, liability, loss, damage, cost, or
expense (including without limitation reasonable legal 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 council 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. Except as otherwise provided above, any waiver,
amendment or other modification of this Agreement will not be
effective unless in writing and signed/agreed to 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 council's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement shall waive or impede the council'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 council
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 council with respect to its
subject matter and supersedes all prior writings or
understanding.