All residents signing up for the Windmill broadband service are
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The Windnet Community Internet Service ("Windnet") provides
to you, the subscribing end user ("you"), broadband Internet
connectivity ("the Service") including access to web pages,
external email and other Internet services, subject to your compliance
with the terms and conditions set out below. Windnet is a non-profit
initiative intended to benefit residents of The Windmill community at
Sir John Rogerson's Quay, Dublin 2.
Please read this agreement carefully before accessing the service.
Your use of the service indicates acceptance of these conditions. These
terms and conditions may be amended from time to time at the discretion
1. ACCESS AND USE RESTRICTIONS
You understand and agree that access and use of the service is subject
to these limitations:
(a) The Service may be interrupted occasionally due to factors outside
of Windnet's reasonable control, including but not limited to Acts of
God, severe weather, power failures, technical failures, service provider
issues, or accidents.
(b) From time to time, the Service may be interrupted briefly to allow
routine maintenance to be carried out. Such interruptions will be kept
to a minimum, and scheduled for late at night where possible.
(c) The Service is intended primarily for residential use, and as such,
uninterrupted availability is not guaranteed. Windnet will make reasonable
efforts to provide a continuous and reliable service to its users.
2. AT WILL AGREEMENT
This agreement is effective upon registration by you and will remain
in effect on a month-to-month billing basis until terminated by either
party, as provided for herein. You may terminate the agreement and your
subscription of the Service at any time by contacting Windnet before
the end of the current month of billing; you may continue to use the
Service to the end of the month.
Windnet may terminate this agreement at any time, and for any reason
by providing you with advance notice by e-mail or regular mail of its
intention to terminate before the end of the current month.
In addition to termination by advance notice, Windnet may immediately
restrict, suspend or terminate without notice your access and use of
the Service upon any breach of this agreement, including the then current
Acceptable Use Policy, or reasonable belief that such a breach is threatened
3. ACCEPTABLE USE POLICY
You agree to abide by the Acceptable Use Policy (and as modified from
time to time) which sets forth guidelines and specifies the actions
prohibited by Windnet. Windnet reserves the right to modify this policy
upon 3 days notice by posting the changes and modifications to the Windnet
Members web page; members will be alerted to such changes via email
unless they choose not to receive such notifications. Windnet does not
monitor, verify, warrant, or validate the integrity, accuracy or quality
of information or data provided to you. Accordingly, Windnet neither
controls nor accepts responsibility for the content of any communications
transmitted or made available to you.
You also agree to ensure that other users making use of your connection
to the Service abide by the conditions set out here.
(a) Lawful Use
The service may be used only strictly in accordance with all Irish
and European law, ordinances and regulations, including without limitation those applying to
material protected by copyright, trademark, trade, secret or other intellectual
property right, material that is obscene or constitutes child pornography,
material that is libelous, defamatory, hateful, or constitutes an illegal
threat or abuse, material that violates export control laws or regulations,
and material that encourages conduct that would constitute a criminal
offense or give rise to civil liability.
You may not use the Service to gain unauthorised access to Windnet
facilities, services or resources or to the facilities, services or
resources of any connected Internet service providers, or to the facilities,
services or resources of any other network users, including local Windnet
(c) Network Integrity
You must respect the integrity of computing and network systems.
Examples of prohibited uses include, without limitation:
(i) Unauthorised access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system or
network, to breach security or authentication measures. Unauthorized
monitoring of data or traffic on any network or system.
(ii) Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks; and
(iii) Modification of IP packet contents in a malicious manner or forging
of any TCP/IP packet header or any part of the header information in
an email, chat room or a newsgroup posting.
Unsolicited advertising is prohibited. Other prohibited activities
(i) Sending unsolicited bulk e-mail
(ii) Using another site's mail server to relay mail without the express
permission of the site, and
(iii) Repeated unsolicited and/or unwanted communication of an intrusive
(e) Shared Environment
Use of the network or any attached network in a manner that precludes
or significantly hampers its use by others is not allowed. Connections
which create routing patterns that are inconsistent with the effective
and shared use of the network may not be established. The use of the
network shall be consistent with accepted community standards for moral
and ethical conducts as well as any other accepted community standards.
Malicious and/or reckless uses are not acceptable.
4. GRANT OF LICENSE
You are granted a nonexclusive, nontransferable license to access and
use the Windnet Community Internet Service under the terms and conditions
set forth in this agreement. You do not obtain title to or any ownership
or proprietary rights in any software by virtue of this agreement.
5. WARRANTY DISCLAIMER
The Service is provided on an "as is" and "as available"
basis without warranties of any kind, either express or implied, including
but not limited to warranties of title, non infringement, implied warranties
of merchantability or fitness for a particular purpose or any warranties
arising from course of dealing or usage of trade. No oral advice or
information given by Windnet or its agents shall create a warranty.
Neither Windnet nor its agents warrants that the service will be uninterrupted
or error free or that any information, software or other material accessible
on the service is free of viruses, cancelbots, worms, trojan horses
or other harmful components.
6. LIMITATION OF LIABILITY
Under no circumstances shall Windnet or its affiliates, licensors,
contractors, employees or agents be liable for any direct, indirect,
incidental, special, consequential, or punitive damages that result
in any way from your use of or inability to use the Service or to access
the Internet or any part thereof, or your reliance on or use of information,
services or merchandise provided on or through the Service, or that
result from mistakes, omissions, interruption, deletion of files, errors,
defects, delays in operation or transmission, any failure of performance,
computer virus, communications line failure, theft or destruction or
unauthorised access to alteration of or use of your account, whether
for breach of contract, negligence or under any other cause of action.
This shall also apply to any other users utilising your connection to
In the event Windnet is found liable under any circumstance under the
terms of this agreement, Windnet, its affiliates, licensors, contractors,
agents or their respective employee's liability shall be limited to
the unused portion of any prepaid fees for the current month and any
future months, less any balances otherwise due. This is your sole and
You agree to indemnify, defend and hold Windnet, its affiliates, licensors,
contractors or their respective employees and agents harmless from any
and all liability, loss, claim and expense, including legal fees and
expenses, related to your violation of this agreement or use of the
Windnet, its affiliates, contractors and licensors may log IP address
and port number details associated with end user connections for statistical
purposes, and to help provide a better service. Specific information
of this nature will not be revealed to third parties unless required
for compliance with a legally served order. Application layer data will
only be logged with a similar order.
9. FAILURE TO COMPLY WITH TERMS AND CONDITIONS
Windnet may take any of a variety of actions, including but not limited
to, removing information that violates its policies, and/or restricting,
suspending or terminating access to the service to any end user who
engages in any conduct or activities that Windnet in its sole discretion
believes violates any terms and conditions herein.
This agreement may not be assigned by you, in whole or in part, without
the prior written consent of Windnet. Any assignment in violation of
the foregoing shall be deemed void. This agreement shall be binding
upon and shall inure to the benefit of each of the parties hereto and
their successors and permitted assigns.
If any provision of this agreement shall be held to be invalid, illegal,
or unenforceable, the validity, legality or enforceability of the remainder
of this agreement shall not be effected or impaired thereby. Failure
by Windnet to insist upon performance of any provision of this agreement
at any time shall not represent a waiver by Windnet of its right to
insist upon or seek enforcement of the same provision or any other provision
hereof at any subsequent time. This agreement and any transactions between
you and Windnet hereunder shall be governed by, construed and interpreted
in accordance with the laws of Ireland.
11. SERVICE FEES AND PAYMENT
The service is only sold in full month increments, paid in advance.
Charges for unused time and setup fees will not be refunded or pro-rated,
other than in whole-month increments. Windnet may, at its option, credit
a partial month's service to you as part of the installation fee, depending
on the installation date.
Payment is due on the 1st of each month. You are responsible for ensuring
prompt payment to Windnet or its agent to ensure continuous service.
Windnet reserves the right to suspend or cancel the Service when payment
is overdue. Windnet will make reasonable effort to contact you in advance
of such suspension.
Monthly fees for the Service are subject to change at any time; you
will be given 30 days' advance notice of any such changes.
Liability for use of the account
You are responsible for all charges incurred by the use of the Service
from your apartment.
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