CONDITIONS OF USE
WI-FI SYSTEM USER AGREEMENT
Please read the following information carefully before clicking “I agree” and using this service.
BY CLICKING ON "I AGREE" BUTTON ON THE WI-FI SYSTEM SIGN-UP PAGE, YOU REPRESENT that:
1. YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS USE AGREEMENT; AND
2. YOU ARE AT LEAST 18 YEARS OF AGE.
This Use Agreement is effective on the day you accept it and terminates when your session on the Wi-Fi System is terminated, although certain provisions may last longer. To use the Wi-Fi System, you will need to agree to this Use Agreement during each separate visit to the Airport. We may cancel this offering and/or your access to our Wi-Fi System at any time and for any or no reason, without notice to you.
Description of Wi-Fi System/Service Availability
MBJ will provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of the Airport, and may not always be operational even if available.
Use of the Wi-Fi System is currently free; however, some internet sites may charge you for use. While we provide this Wi-Fi System to you free of charge at this time, we may decide to charge for your use in the future. We will not charge you without your express consent. The Intranet website portion of the Wi-Fi System may contain certain limited informational and entertainment content provided by MBJ or third parties that have licensed content to MBJ. MBJ may provide links on the intranet Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by MBJ of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.
Access to Internet Content
MBJ does not screen any content placed on or accessible through the Internet. MBJ also does not screen between parties via the Internet. You acknowledge and agree that if you access the Internet you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that MBJ is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System. In addition, MBJ is not responsible for any content provided by third parties or licensed to MBJ for inclusion within the Intranet portion of the Wi-Fi System. If you provide us with content at our request or otherwise, other than your contact information, you acknowledge that such submission is not confidential and conveys the ownership of the intellectual property in such content to us, and you will take actions or sign documents we may reasonably ask you to take or sign at our request.
USE OF THE WIFI SYSTEM IS AT YOUR OWN RISK. INFORMATION YOU SEND OVER THE INTERNET USING THE WIFI SYSTEM MAY BE ACQUIRED BY THIRD PARTIES. VIRUSES AND OTHER MALICIOUS SOFTWARE MAY BE ON THE WIFI SYSTEM OR ON SITES THAT YOU VISIT ON THE INTERNET AND MAY INFECT YOUR COMPUTER. MBJ ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY SUCH INFORMATION LOSS OR DAMAGES CAUSED BY MALICIOUS SOFTWARE OR FOR ANY OTHER DAMAGE OR LOSS TO YOU BY REASON OF YOUR HAVING USED THE WIFI SYSTEM.
You must (1) agree with all current terms and conditions, (2) adhere to MBJ’s Acceptable Use Policy described below, and (3) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi System, and (4) comply with all applicable laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. MBJ does not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.
Acceptable Use Policy
The Wi-Fi System is provided on a non-exclusive basis solely for your use (unless otherwise specifically stated in this Use Agreement) and you shall not reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Wi-Fi System, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Wi-Fi System. In using our Wi-Fi System, you will not post, download or communicate illegal or objectionable material, including but not limited to material that is immoral, scandalous, or otherwise shocks the public conscience.
You acknowledge that, like most public access systems, the Wi-Fi System is not secured, and the information you send or receive on the Wi-Fi System may be intercepted by third parties, and that neither MBJ nor any of the other Released Parties (defined below) are responsible to you for providing secure or error free access to the internet or otherwise. There may be interruptions in service caused by us or other parties. You may recover no damages at all from the Released Parties under any theory based on your use of the Wi-Fi System.
All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Wi-Fi System by preventing unacceptable uses. MBJ does not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. We may, however, remove, block, filter or restrict by any other means any materials that are illegal or in our sole discretion, we deem inappropriate, may subject MBJ to liability or may violate this AUP. MBJ may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Wi-Fi System and/or your account or other actions as detailed below.
The following constitute examples of violations of this AUP. You agree to not use the Wi-Fi System to:
(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy;
(2) harm, or attempt to harm, any person in any way;
(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;
(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other mass form of solicitation;
(7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(10) intentionally violate any applicable local, state, or federal law,
(11) "stalk" or otherwise harass another;
(12) resell access to or use of the Wi-Fi System without MBJ's written authorization;
(13) use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
MBJ requests that anyone who believes that there is a violation of this AUP direct the information to: www.mbjairport.com/feedback-form. available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
You agree that MBJ may terminate this Agreement and cancel your access to the Wi-Fi System for any and all accounts you may have at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, providing inaccurate registration information, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of such termination for any reason Port will have no liability to you.
Termination by Unacceptable Usage
From time to time MBJ may impose reasonable rules and regulations regarding the use of its services. The rules under this paragraph are not exhaustive and MBJ reserves the right to modify these. You agree to abide by these rules. Any violation to these rules may result in the suspension or termination of your service. Even if an activity you perform is not listed in this document, it may also be a violation of this rules if it illegal or disruptive to the network.
Notice of Problems or Complaints
If you experience a problem accessing or using the Wi-Fi System, report the problem by visiting www.mbjairport.com/feedback-form. If MBJ determines the Wi-Fi System is at fault, MBJ will make an effort to provide a timely remedy in a manner consistent with its regular business practices.
Modifications to Agreement
MBJ may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the Wi-Fi System 'Internet Access Signup' page. If you use the Wi-Fi System after postings of any such modifications, you accept and agree to any and all such modifications.
You shall defend, indemnify and hold Airport, MBJ and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Agreement.
MBJ PROVIDES NO WARRANTY WHATSOEVER WITH RESPECT TO USE OF THE WIFI SYSTEM. THIS INCLUDES NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. MBJ SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF MBJ FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM.
To the fullest extent permitted by applicable law, no claim under this Use Agreement may be joined to any other claim, including any legal proceeding involving any other current or former user of the Wi-Fi System, and no class action proceedings will be permitted.
You forever release, discharge and hold MBJ, its shareholders, the Airports Authority of Jamaica and the aforementioned parties’ respective parents, affiliates, subsidiaries and related entities (collectively, the “Releasees”), and the Releasees’ respective principals, shareholders, owners, members, partners, officers, directors, governors, employees, representatives, tenants, agents, sponsors, licensees, contractors, successors, assigns and agents (collectively with the Releasees, the “Released Parties”) harmless from any and all damages that may have occured to your device when you are on our Wi-Fi System. You shall defend, indemnify and hold the Released Parties and their respective insurers harmless from and against any and all claims, liabilities, losses, charges, demands, actions, cause of action, penalties, damages, costs, judgments, and/or expenses (including but not limited to attorneys’ fees and other legal fees) arising out of or resulting from your use of the Wi-Fi System. You should have up-to-date virus and other types of hardware and software protection on your wireless devices when you use our Wi-Fi System.
Limitation of Liability
Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you and MBJ with respect to the subject matter hereof. This Agreement shall be construed under the laws of the Jamaica without giving effect to the principles of conflicts of law thereof.