Data connection terms
While at a Spacebar location, you may connect to our data network to, among other things, access the Internet, the "connection". The connection is provided by third-party Internet service providers. By using or accessing the connection, you agree to these terms of service. We may revise these terms at any time. You are deemed to accept the current terms each time you use or access the connection, and it is your responsibility to review them for changes. If you do not agree to these terms of service, you may not use the connection.
Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to protect us, our users or other third parties. Connection is available to your device only when you are within wireless range of our access points or in your office or conference room via an ethernet cable to a data network port.
Connection is generally subject to availability, including due to emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength and maintenance and repair. We are not responsible for any interruptions or performance issues with the connection or the underlying network(s), equipment and transmission systems. Network speed will vary depending on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any device, software or other materials necessary for use of the connection. In addition, any identified prohibited use may result in removal of obscene/offensive content, account deactivation or termination of access/use.
Privacy and security
You agree not to access or use (or attempt to access or use) the connection or take any online action that violates any applicable law or that may harm us or any third party or interfere with the operation of the data network to others ("Prohibited Uses"). For example, among other things, you may not:
- upload or transmit through the connection (a) computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material that is defamatory, offensive or obscene in nature;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens the security of the system or network or that of our users or third parties, including any attempt to circumvent restrictions placed on your access to or use of the connection or our other websites;
- use the connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
- share your IP address or your ISP's Internet connection with anyone;
- reproduce, retransmit, disseminate or resell the link or authorize any other person or entity to use the link, whether for profit or not, without our express written permission.
- uploading, sharing, hosting, etc. content that is obscene or offensive;
- uploading, sharing, hosting, displaying, modifying, publishing, updating or transmitting information of the following nature:
- Information belonging to another person, over which the user has no rights;
- Information that is extremely harmful, harassing, profane, obscene, pornographic, pedophilic, libelous, hateful or otherwise unlawful;
- Information that promotes or relates to money laundering or gambling;
- Information that may harm minors in any way;
- Information that infringes any intellectual or proprietary right;
- Information that is misleading, threatening or highly offensive;
- Information that impersonates another person;
- Information containing any computer virus or other computer contaminant;
- Information that incites the commission of a crime or impedes the investigation thereof.
Failure to comply with "Prohibited Uses" may result in civil or criminal liability. We may report such violations to appropriate law enforcement authorities and cooperate with those authorities in prosecuting users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access to and use of the connection and other services we may provide to you and to block or remove any communications or materials transmitted through the connection.
Assistance to government agencies
In accordance with applicable law, we may be obligated to provide all available information and any assistance that may be required by government agencies for the prevention, detection, investigation and prosecution of cybercrime and cybersecurity incidents.
ADDITIONAL DISCLAIMERS; LIMITATION OF LIABILITY
We are providing the connection on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties and terms, express or implied, including any warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other material on or accessed through our services, or the accuracy, speed, availability or uptime of the services, network or data, including warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnities arising from course of dealing or course of performance.
You waive any and all claims and rights against us and our affiliates, parents and successors and each of our employees, assigns, officers, agents and directors (the "Spacebar Parties") resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the fullest extent permitted by applicable law. None of the Spacebar Parties shall be liable to you under any cause of action, for indirect, special, incidental, consequential, reliance or punitive damages, including lost profits or business interruption. You will indemnify the Spacebar Parties from and against any and all claims, liabilities and expenses (including reasonable attorneys' fees), resulting from any breach of this agreement by you.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions and limitations may not apply to you. In such case, such exclusions and limitations shall apply to the maximum extent permitted by applicable law.
If you are a member, to the extent any disputes arise from the services described herein, they will be brought in the forum, applying the law, described in the Membership Agreement.