All residents signing up for the Windmill broadband service are required to abide by the following terms of use. If you feel any of these are unreasonable, please let us know.

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 of Windnet.

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 to occur.

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.

(b) Privacy
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 users.

(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.

(d) Email
Unsolicited advertising is prohibited. Other prohibited activities include:
(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 nature.

(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 the Service.

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 exclusive remedy.

7. INDEMNIFICATION

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 Service.

8. CONFIDENTIALITY

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.

10. MISCELLANEOUS

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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