Wi-Fi Service – Terms of Use

CAPITAL AREA TRANSIT
Terms of Use
Wireless Internet Access

Free wireless Internet access (Wi-Fi) is now available to CAT customers while riding the bus.  This service will be available to riders with a Wi-Fi enabled laptop computer, PDA or other mobile wireless device.  Buses equipped with Wi-Fi will be identified by a sign on the bus with the above WiFi symbol.

By using this Wi-Fi service, you are agreeing to and will be bound by the terms, conditions, and policies set forth in this Terms of Use.  If you do not agree with any of these terms, please do not use CAT’s Wi-Fi.  This Terms of Use (the “Agreement”) is a contract between you, CAT, and CAT’s wireless carrier (“Carrier”), which is providing you network access to and use of wireless high-speed Internet access services (the Wi-Fi service and internet access/network usage are collectively referred to as the  “Services”). When you access CAT’s Wi-Fi service, you acknowledge that you have read, understand, and agree to be bound by this Agreement. This Agreement applies to any electronic transmission sent, received, posted, accessed or stored via any of the Carrier’s networks.  The effective date of this Agreement is the earlier of:  (i) the date you affirmatively accept this Agreement; or (ii) the date on which you access CAT’s Wi-Fi service.

The Services are being offered as a convenience and free service.  The availability, reliability, uptime and speed of the Services are not guaranteed by the Carrier or CAT. The security camera system has priority over Internet access should it be needed.  CAT and the Carrier are not able to provide technical assistance to you and there is no guarantee that you will be able to make a wireless connection. If you need assistance, contact the manufacturer of your Access Device or software or an IT professional. Please do not ask bus drivers for assistance with your wireless connection.  CAT and the Carrier are not responsible for any changes you make to your Access Device’s settings.

CAT and the Carrier have no control over information and material accessible on the Internet and are not responsible for content or accuracy. You acknowledge that you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that CAT and the Carrier are not liable for any action or inaction with respect to any such content accessible through the Services.  Wi-Fi is not secure.  Wireless internet communications are not private, nor are they confidential. Use of Wi-Fi for the transmission of confidential, sensitive, personal, or financial information is not recommended.  Data can be intercepted when transmitted between your Access Device and CAT’s Wi-Fi.  CAT and the Carrier are not responsible for intercepted or compromised data or any consequences thereof.

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 Services and (2) any transmission you send, receive, post, access, or store via the Services or the Carrier’s networks, including the content of any communication.  CAT and the Carrier do not undertake the security of any data you send through the Services and it is your responsibility to secure such data. CAT and the Carrier provide no guarantee and make no representation that the Services will be available at all times at the Location.  Neither CAT nor Carrier shall have any responsibility or liability for any loss, liability, damage, or expense, including attorney’s fees, resulting from any claims alleged to arise in any way from:

  • Coverage and wireless Service quality problems caused by atmospheric, geographic or topographic conditions or other conditions beyond their control, including the failure of other service providers;
  • Interruption and unavailability of Services due to coverage, capacity, product failure or other limitations that may occur in the use of the Services;
  • Outages or disruptions of Services occurring as a result of a public safety emergency;
  • The content of any information transmitted by, accessed, or received through, the Services, including, but not limited to, claims:  (A) for libel, slander, invasion of privacy, infringement of copyright, and invasion or alteration of private records or data; (B) for infringement of patents arising from the use of equipment, hardware or software not provided by the Carrier; or (C) based on transmission and uploading of information that contains viruses, worms, or other destructive media or other unlawful content.

This Agreement is subject to modification at any time.  By continuing to use the Services after any such modifications, you accept and agree to any and all such modifications.

By using the Services, you agree that you will not use the Services for any unlawful purpose. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conducts that are prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Excessive Utilization of Network Resources: Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of network resources. The Carrier, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the Carrier’s networks or network usage by others. While the determination of what constitutes excessive use depends on the specific state of the networks at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the Services and not by the use of any particular application.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct:(1) Conducting fraudulent business operations and practices, (2) Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes), (3) Individual or Business representation as an authorized 3rd party affiliation or agent for a business entity (e.g. the Carrier) without the businesses’ prior consent.
  • Falsification/Impersonation: You may not use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others.
  • Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

You may not distribute, publish, or send through the Services or the Carrier’s Networks: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as “spam”); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (8) any message across any network that is categorized as “phishing.”

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting; (2) participate in using software (including “spyware” and “malware”) designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of CAT’s or the Carrier’s mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site.

You may not violate the security of the Services or the Carrier’s Network in any way. Such violations may result in criminal or civil liability. The Carrier and/or CAT may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using sending, receiving, posting, accessing, or storing any electronic transmission via the Services or the Carrier’s Networks, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation, Hacking, Interception, Intentional Interference, Falsification of Origin or Routing Information, or Avoiding System Restrictions.  The Carrier may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms.

CAT or the Carrier may be required to disclose data related to the use of the Services in response to a subpoena, court order, or as otherwise required by law.

By using the Services, you assume all risks associated with the use of the Services, including but not limited to, any risk to your Access Device, software or data of being damaged by any virus, software, or any other file, data or code which might be transmitted or activated due to use of the Services. CAT encourages all users to adhere to good security practices.

CAT and the Carrier disclaim any liability for unauthorized security breaches. CAT and the Carrier are not responsible for any damage caused to hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users are individually responsible for maintaining up-to-date anti-virus, anti-malware, and firewall protection or other appropriate security measures on their Access Devices. You agree to hold CAT and the Carrier harmless from any loss, damage, claims, or liability arising from any illegal activity in which you may engage or any information, communications, or sites, you may access, send or receive, whether appropriate or inappropriate, while using the Services.

You have read CAT’s “Terms of Use of Wireless Internet Access” and you agree to comply with all the terms and conditions.  You shall defend, indemnify and hold CAT and the Carrier,  and its corporate affiliates, and their officers, directors, stockholders, employees, 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 Services or any breach of this Agreement.

THE CARRIER AND CAT MAKE AND YOU RECEIVE NO WARRANTY EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE SERVICES OR CARRIER’S NETWORKS OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE CARRIER AND CAT SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICES.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND.  FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE CARRIER OR CAT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CARRIER’S LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, $100.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CARRIER, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

The Services are not intended or designed for and cannot be used for making 911, E911 or similar emergency calls.  If you attempt to use the Services to make a 911, E911 or emergency call, emergency service providers will not be able to identify or locate you or your telephone number and you may not be connected to the appropriate emergency services provider.  CAT and the Carrier are not responsible for and disclaims any liability or damages related to or resulting from any attempt to use the Services for 911 calls, E911 calls or similar emergency call purposes.

Collection of Personal Information

The Carrier automatically receives certain types of information whenever you use the Services.  The Carrier may collect information about your Access Device and online activities. The Carrier may use systems or tools to follow your use of the Services, including using cookies, web beacons and other tracking mechanisms. The Carrier may share information that is anonymized or in an aggregated form that does not directly identify you. The Carrier does not share your personal information with third parties other than as follows:

  • Service Providers. The Carrier may share personal information with third parties who perform services on the Carrier’s behalf.
  • Other Third Parties with Your Consent. The Carrier may share information with other third parties with your consent.
  • Disclosures to Third Party Application and Service Providers. You may choose to use services and products offered by third parties through the Services or devices like third party applications. When you leave the Carrier’s network you may also use mobile roaming services provided by third parties. Your use of such services and applications may result in these third parties collecting your personal information and obtaining information from the Carrier, including location information (when applicable). You may also choose to give personal information directly to third parties when using the Services. In each case, personal information you give a third party will be subject to its terms, conditions, and policies.
  • Protection of the Carrier and Others. The Carrier may access, monitor, use or disclose your personal information or communications to comply with the law or respond to lawful requests or legal process; protect the rights or property of the Carrier, its agents, members, its customers, and others including to enforce the Carrier’s agreements, policies and terms of use; or respond to emergencies.

The Carrier and/or CAT have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution.  CAT and the Carrier reserve the right to act immediately and without notice to restrict, suspend or terminate the Services, if they reasonably determines that your conduct may: (1) expose CAT or the Carrier to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of the Services or the Carrier’s network or networks with which the Carrier is interconnected; (3) interfere with another customer’s use of the Services; (4) violate any applicable law, rule or regulation; (5) otherwise present an imminent risk of harm to the Carrier or its customers; or (6) violate any of the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between you, CAT and the Carrier with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of Pennsylvania as applicable without giving effect to the principles of conflicts of law thereof. All disputes relating to this Agreement or the Services shall be brought in the District Court.