PARKVIEW HEALTH HOT SPOT INTERNET ACCESS USAGE POLICY
For the convenience of our guests and their immediate family (collectively “you” or “your”), Parkview Health System, Inc. (PARKVIEW HEALTH) is pleased to provide, free of charge, high speed internet access in select areas. All use of such service (the “Service”) is governed by this Internet Usage Policy (“Policy”). By your use of the Service, you expressly acknowledge and agree to the provisions of this Policy, and you hereby release PARKVIEW HEALTH from any liability and responsibility for any damages you may incur or cause to be incurred as a result of your use of the Service, including, without limitation, the matters expressly set forth below. 1. PERMITTED USE a. Subject to the terms and conditions of the Policy, only PARKVIEW HEALTH guests and their immediate family are authorized to use the Service. Children under the age of eighteen (18) must have parental permission to use the Service. b. Please note that PARKVIEW HEALTH reserves the right to terminate your use of the Service at any time for any reason or no reason at all. PARKVIEW HEALTH also reserves the right to disconnect the Service without notice for any reason or no reason. 2. INTERNET CONTENT WARNING: NO INTERNET CONTENT FILTERS As you may be aware, the Internet contains unedited materials, some of which may be offensive to or inappropriate for some people. NEITHER PARKVIEW HEALTH, ITS AFFILIATES, ACCESS PROVIDERS, CONTRACTORS NOT THEIR RESPECTIVE EMPLOYEES HAS ANY CONTROL OVER THE CONTENT OR MATERIALS AVAILABLE TO YOU ON THE INTERNET OR MADE AVAILABLE TO OTHERS BY YOU AS A RESULT OF YOUR USE OF THE SERVICE. NO WEB SITE FILTERING OR SCREENING PROGRAMS ARE PROVIDED WITH THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO SUPERVISE YOUR CHILDREN’S USE OF THE SERVICE TO PREVENT THEIR EXPOSURE TO OBJECTIONABLE OR INAPPROPRIATE MATERIALS. PARENTAL CONTROL SOFTWARE OR OTHER PROTECTIONS ARE COMMERCIALLY AVAILABLE AND MAY ASSIST YOU IN PREVENTING ACCESS TO WEB SITES CONTAINING CONTENT HARMFUL TO MINORS. 3. LIMITATIONS REGARDING THE SERVICE AND DISCLAIMER OF LIABILITY AND WARRANTIES. You understand and agree to the following: a. The Service is only a passive, high-speed conduit to the Internet strictly on an “AS IS,” “WHERE IS,” AND “AS AVAILABLE” basis without any express guarantee or assurance of quality, reliability or functionality. b. The Service has no firewall, virus protection, software, power surge protection for your equipment or any other security or protective system or device. As a result PARKVIEW HEALTH has no responsibility or liability for any damages, direct or indirect, which may arise out of your use of the Service or the termination of your use of the Service, regardless of whether PARKVIEW HEALTH is at fault. Such damages may include, but are not limited to, equipment failures; viruses; short circuits; loss of date or privacy (including, but not limited to, theft of sensitive information, damage to software, and identity theft); loss or damage to software, data, or hardware of any kind or for any reason; actions by any other user of the Services or the Internet; or any other occurrence arising out of your use of the Service. c. PARKVIEW HEALTH has no responsibility or liability for any illegal or criminal activity on the Internet to which you or anyone else may become exposed as a result of your use of the Service, or the use of the Service by anyone permitted by you to access the Service. d. PARKVIEW HEALTH is not and will not be responsible for any use or misuse of the Service by you or persons permitted by you to access the Service, including, without limitation, use of the service by children to access inappropriate or objectionable web sites. e. PARKVIEW HEALTH has no responsibility or liability for any damages, direct or indirect, caused by configuration changes made to your computer at the suggestion or instruction of PARKVIEW HEALTH’s Service Center or any PARKVIEW HEALTH employee, regardless of whether PARKVIEW HEALTH is at fault. PARKVIEW HEALTH HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY AVAILABILITY OF INTERNET ACCESS, SECURITY AND VIRUS PROTECTION, PROTECTION FROM EXPOSURE TO OBJECTIONABLE, ILLEGAL OR INAPPROPRIATE INTERNET CONTENT, AND THEFT OR LOSS OF DATA. 4. NO PRIVACY You waive any expectation of privacy with respect to anything you create, store, send or receive in connection with your use of the Service. PARKVIEW HEALTH has the right, without creating any obligation to do so, to access, audit and monitor any communication or information you create, store, send or receive in connection with your use of the Service. Information obtained in the course of such access, auditing and monitoring of the Service may be used or disclosed by PARKVIEW HEALTH, at its sole discretion or election, to third parties to comply with laws, regulations, court orders, subpoenas or other governmental procedures without notice to you. 5. NO MISUSE Any Misuse of the Service is expressly prohibited. “Misuse” includes, without limitation: (i) using the Service to send, receive, print, display, perform or otherwise disseminate material that is unlawful, abusive, invasive, defamatory, fraudulent, obscene, pornographic, offensive, vulgar, threatening, harassing or malicious; (ii) using the Service to copy, send, receive, print, display or otherwise disseminate files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) using the service to disseminate unsolicited email of any kind, regardless of the content or nature of such messages, or to post the same or similar message to one or more newsgroups; (iv) attempting to access a part of the Service assigned to another person or to which you have not been granted authorized access, or otherwise undermining or circumventing security devices, firewalls, virus protection, content filters, procedures or access restrictions within the Service or anywhere else via the Service; (v) unauthorized and intentional copying, destruction, deletion, distortion, removal, concealment, modification, or encryption of, or otherwise interfering with the integrity of, messages, files, or other data affecting the Service; (vi) downloading, using or installing any unauthorized or unlicensed software of data, including, without limitation, screen savers, games, time or logic bombs, lockout or disabling devices or code, trojan horses, viruses, or worms; (vii) tampering with or taking any equipment used to provide the Service, including, without limitation, telephones, modems, cables, power supplies, electronic components or similar equipment; (viii) using the Service to copy, send, receive, print, display or otherwise disseminate data that contains or includes confidential, trade secret or proprietary information of either PARKVIEW HEALTH, its clients or customers; (ix) using the Service in violation of any applicable federal, state or local law including, but not limited to, hacking, cracking, bugging, virus distribution, or accessing or tampering with government or private data or users without authorization; or (x) using the Service to engage in any other activity deemed by PARKVIEW HEALTH to be in conflict with the spirit and intent of this Policy. 6. COMPLIANCE AND INDEMNIFICATION You must comply with all software licenses, copyrights, and all other state, federal and local laws governing intellectual property and online activity. You agree to defend, indemnify and hold PARKVIEW HEALTH harmless from and against any and all costs, liabilities, losses, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the Service. 7. CHANGES TO POLICY PARKVIEW HEALTH, may, from time-to-time, amend or modify this Policy. Your use of the Service after being provided with, or otherwise being notified of, the amended or modified Policy shall be deemed to be with full knowledge and acceptance of all terms therein.