Terms of use for wireless network at any Rochdale Borough Council site

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 be made to Rochdale Borough Council's ICT Department at ICTServiceDesk@rochdale.gov.uk.

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 the 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 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.

Discl​aimer

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 any 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.

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