Terms and Conditions of Service:

This agreement sets out the terms and conditions on which Comtel’s wireless internet access (“The Service”) is provided to you.

Acceptance

By using this Service you represent that you have read, understand and agree to the terms of this agreement. If you do not agree to the terms of this Agreement, you may not use the Wi-Fi Hotspot System.

By using this service you acknowledge and understand that Kenilworth Racing/Cape Racing is neither the owner/ nor provider of this service. You agree to indemnify, defend, and hold Kenilworth Racing/Cape Racing harmless from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Service, your violation of this Agreement, or your violation of any rights of another.

Extent of the Service

The Service that Comtel provides is publicly accessible wireless internet such as is commonly understood under the term “Wi-Fi Hotspot”.

The Service reach is limited by physical obstructions and distance, and therefore is of limited geographical availability.

We do not guarantee the availability of the Service; the speed of connectivity, or that the Service will be compatible with your equipment or any software which you use.

Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted we do not guarantee the security of the information which you may transmit or receive. You accept that it is your responsibility to protect your information and have adequate security (in terms of anti-virus software, equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.

We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

Fair Use Policy

The following is prohibited on the Service:

• Using the Service to transmit any material that, intentionally or unintentionally, violates any local, national or international laws.

• Using the Service to harm, or attempt to harm other parties.

• Using the Service to transmit any material that threatens or encourages bodily harm or destruction of property or harasses others.

• Using the Service to engage in fraudulent commerce or any type of financial scam.

• Adding, removing, or modifying identifying network header information in an effort to deceive or mislead.

• Using the Service to transmit or facilitate any unsolicited commercial email otherwise known as spam.

• Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Comtel’s Wi-Fi

• Network or another entities computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion

• results in the access, corruption or loss of data.

• Using the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

• Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.

• Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

• Using the Service for any activity which adversely affects the ability of other people or systems to use Comtel’s Wi-Fi Service.

• Service or the Internet. This includes denial of service attacks against another network host or individual user.

• Interfering with or disrupting of other network users, network services or network equipment.

• Using your personal account for high volume or commercial use is prohibited. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, messaging, and browsing of the Internet.

• The Service is intended for transient consumer use only, and can in no way be used as a substitute for a dedicated fixed internet installation. This means that the service shall not be used as a replacement for longer term connectivity needs.

• We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement.

Indemnification

You agree to indemnify, defend, and hold Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners harmless from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Service, your violation of this Agreement, or your violation of any rights of another.

Disclaimer of Warranties & Limitation of Liability

• To the extent allowed by law, you assume total responsibility for use of the Service and the Internet and access the Service at your own risk.

• It is your responsibility to ensure that your network environment is maintained in a secure manner.

• We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.

• Comtel urges caution when undertaking financial transactions online. Online financial transactions are carried out at your own risk and therefore Comtel does not accept any liability for any direct, indirect, incidental, special or consequential loss of any kind including but not limited to loss of data of any kind, loss of business, and/or loss of profit that may arise from the use of the services in connection with such transactions.

• Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, has no responsibility whatsoever for the content accessible or actions taken on the internet and Comtel’s network, and shall not be liable to you for any direct, indirect, incidental, special or consequential damages of any kind including but not limited to any damage to equipment, loss of use, loss of data of any kind, loss of business, and/or loss of profit, arising out of or related to this terms of service provided by Comtel.

• Under no circumstances will Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of Comtel’s Service be liable to you or any third parties for any amount, damage or claim.

• The Service is provided on an as is and as available basis. Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners, makes no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose.

• To the extent allowed by law, no advice or information given by Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners of

• Comtel’s Service shall constitute a warranty, unless reduced to writing.

• Comtel and its affiliates, officers, employees, agents, suppliers, sponsors or other partners does not warrant that the

• Service will be uninterrupted, error-free, or free of viruses or other harmful components.

Should I be concerned about the lack of security on the access points?

Hotspots are typically not security enabled to allow people to easily connect in order to gain access. Wi-Fi specific security settings tend to hamper this process. All information sent from sites with a “https://” is secured by the website & is safe (Sometimes if the https is not shown, just look for a green bar or lock next to the website address bar).

However sites with only “http://” are not as secure & when entering information caution should be applied as to the type of information being supplied. Do not enter any sensitive information.

Revisions to this agreement & Fair Use Policy

Representatives of Comtel’s Service reserve the right to revise, amend, or modify this Policy, other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service

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