Important! Read the following Terms of Service (“Terms of Service”) before using this wireless Wi-Fi Service (“Service”) offered by SMedia1. By accessing and using the Services, you agree to be bound by all the terms set forth herein. If you do not agree with these Terms of Service, you should not access or use the Service.

Services

This Service is provided at no charge but is conditioned upon acceptance without modification of these Terms of Service. The Service is provided solely for you to make legitimate use of the internet while patronizing this location and to receive advertisements and promotions while doing so.

Registration and Passwords

To access the Services, you may be asked to complete an online registration form or authenticate via a Social Media account. In consideration for your use of the Services, you agree to provide true, current, complete and accurate information as requested. As part of the registration process, you may be asked to provide an email address, or your user name and password to Social Media sites for authentication. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on the Services under your email, password or user name. You are solely responsible for the security of your password. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).

Code of Conduct

As a condition of your continued access to and use of this Service, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations, the other conditions of these Terms of Service, and any other rules which may be published from time to time by us. In addition, without limiting the foregoing, you agree not to:

• upload, post, e-mail or otherwise transmit any material using the Services that:
  • is known by you to be false, inaccurate, or misleading;
  • infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
  • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, pornographic or otherwise objectionable;
  • you were compensated or granted any consideration by any third party to upload, post, e-mail or transmit unless otherwise authorized by us in writing; or
  • contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program;
• harvest or otherwise collect or store communications send through the Service or any information (including personally identifiable information) about other users of the Service;
• for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
• attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
• interfere with, disrupt or create undue burden on the Services;
• exceed any applicable bandwidth caps or limitations; or
• use, download or otherwise copy, or provide to any person or entity any user directory or other user or usage information or any portion thereof.

Contests

From time to time we may offer and/or co‑sponsor contests or other promotions through the Service. Each of these activities shall be governed by specific rules accessible when the contest or promotion is offered or when you submit your entry.

Links & Advertisements

We may offer links to websites which are owned and operated by third parties, as well as advertisements for products and services that are offered by us or third parties. We provide these links and advertisements as a convenience to our visitors. We do not review the content of such third party content, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third parties.

You assume full responsibility for your use of third party websites. Such websites are governed by terms and conditions different from those applicable to this Service, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

Disclaimer / Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THESE SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMedia1  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMedia1 DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL SMedia1 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF MyWiFi.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold harmless SMedia1, ABN LLC, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any material you (or anyone acting under your password or user name) upload, post, e-mail or otherwise transmit through the Services, and/or (b) your (or anyone acting under your password or user name) use of the Services, connection thereto, or any alleged violation by you of these Terms of Service, including the Code of Conduct.

Privacy

Please review our Privacy Policy below for details on the manner in which we collect, use, disclose and otherwise manage personal information.

Changes & Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We may block information, transmissions or access to certain information, services, products or domains or prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications to protect the Service, the public or other users. Therefore, messages and other content may be deleted before delivery.

Further, we reserve the right to change these Terms of Service at any time and to notify you by providing you with an updated version of the Terms of Service when you log-in. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Service constituting consideration from SMedia1, ABN LLC, to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Service, or (2) any policy or practice of ours in operating the Services, is to stop using the Services.

Trademarks

All posted marks are a trademark of SMedia1 – ABN LLC. Other marks, graphics, typefaces, trade dress, trademarks and logos are property of SMedia1, ABN LLC or of their respective owners. Our trademarks, trade dress and other intellectual property may not be used in any manner for any purpose without our express written consent.

Applicable Laws

Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, these Terms of Service are governed by and construed in accordance with the laws of Iowa and applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of [Pottawatomie County, Iowa].

If any provision of the present Terms of Service shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any and all other legal notices made available to you through the Services, including the Privacy Policy, constitute the entire agreement between you and SMedia1, ABN LLC with respect to the use of the Services.

Notice

Notices to you may be made via email or regular mail or, in cases of changes to these Terms of Service by posting notices or links to such notice when you log-in to the Services. If you have any questions or comments regarding these Terms of Service please contact us at SMedia1.com.