Kolache Factory Guest Wireless Internet Access Agreement
Kolache Factory provides free wireless service (“the Service") at as a courtesy to our guests for short-term access to the Internet. You may use the Service only if you review and accept this Wireless Internet Access Agreement ("Agreement") each time you access the Service.
This is a legal agreement between you and Kolache Factory, Inc. and its affiliates and service providers (collectively, "Kolache Factory") governing your access to and use of the wireless Internet access service that Kolache Factory is providing to its guests. You must accept this Agreement each time you access the Service. Kolache Factory reserves the right to update or revise this Agreement at any time, and you are urged to re-read this Agreement each time you access the Service.
Only current guests of Kolache Factory are permitted to use the Service. If you are not a current guest of Kolache Factory and/or you do not agree to this Agreement, you are not permitted to use or access the Service.
The Service is intended for use by adults over the age of 18 years old. If you have authorized a minor to use the Service, you agree that you are fully responsible for the conduct of such minor, controlling the minor’s access to and use of the Service, and the consequences of any misuse by the minor in violation of the terms of this Agreement.
Your electronic acceptance of the Agreement by clicking on "I Accept" on the sign-up page and/or your use of the Service beyond this Agreement page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you clicked on "I Accept."
You agree that you are fully responsible for your activities while using the Service (including for any content, information and other materials you access or transmit via the Service). You agree not to use the Service for any other reason, including reselling any aspect of the Service.
Your use of the Service must be in a manner that will not disrupt other customers, including but not limited to inappropriately high volume levels or other inappropriate behavior. Examples of improper activities include, without limitation:
Modifying, adapting, translating, or reverse engineering any portion of the Service;
Attempting to break security, access, tamper with or use any unauthorized areas of the Service;
Attempting to collect or maintain any information about other users of the Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service;
Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders;
Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity; or
Using the Service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
Your access to the Service is completely at the discretion of Kolache Factory. Your access may be blocked, suspended or terminated at any time for any reason including, but not limited to, any violation of this Agreement, actions that may lead to liability for Kolache Factory, disruption of access to other users or networks, and violation of applicable laws or regulations.
For quality assurance purposes, Kolache Factory reserves the right to:
Block internet services such as Peer-to-Peer and streaming video services
Monitor usage of the Service
Limit bandwidth on the Service
Take any additional measures deemed necessary by Kolache Factory in its sole discretion.
Although we may attempt to filter inappropriate Web sites and/or Internet locations, the Internet contains a variety of materials and information that may be offensive to you or members of your family. You agree that you assume full responsibility and risk for your use of the Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
You also acknowledge that an open wireless Internet access service, such as the Service, is inherently insecure and that third parties may use the Service to access or attempt to access your computer without your knowledge or approval and/or without the knowledge or approval of Kolache Factory. You agree to accept that risk and acknowledge your responsibility to maintain the security of your computer through firewalls or other means.
Kolache Factory reserves the right to (but is not required to) monitor your communications and activities while connected to the Service, including all content during transmissions. Kolache Factory may disclose any such information for purposes of ensuring your compliance with this Agreement, compliance with applicable law, cooperating with legal authorities, and otherwise protecting Kolache Factory’s rights, property and interests. BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO SUCH POSSIBLE MONITORING AND DISCLOSURE BY KOLACHE FACTORY.
You agree to indemnify, defend, and hold harmless Kolache Factory and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement or any representation or warranty you provide in this Agreement, or otherwise arising in any way out of your use of the Service.
YOU AGREE THAT THE SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO KOLACHE FACTORY GUESTS, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE." KOLACHE FACTORY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE CODE, OR SECURE FROM INTRUSION. YOU AGREE THAT THERE ARE NO WARRANTIES, REPRESENTATIONS OR UNDERSTANDINGS THAT EXTEND BEYOND THE CONTENTS OF THIS AGREEMENT AND THAT NO ADVICE OR INFORMATION GIVEN BY KOLACHE FACTORY OR ITS EMPLOYEES SHALL SERVE TO CREATE ANY WARRANTY OR REPRESENTATION.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED AS A PRIVILEGE SOLELY FOR THE CONVENIENCE OF OUR GUESTS AND KOLACHE FACTORY SHALL HAVE NO LIABILITY OF ANY KIND OR IN ANY AMOUNT FOR ANY: DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. BY WAY OF ILLUSTRATION AND NOT IN LIMITATION, KOLACHE FACTORY SHALL HAVE NO LIABILITY OF ANY KIND OR IN ANY AMOUNT FOR ANY: LOST PROFITS; BUSINESS INTERRUPTION; LOSS OF GOODWILL OR HARM TO REPUTATION; UNAUTHORIZED ACCESS; DAMAGE, LOSS OR THEFT OF YOUR SYSTEM OR DATA; LOSS OF USE OF THE SERVICE; LOSS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE; DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS, SPYWARE, MALWARE OR OTHER HARMFUL SOFTWARE CODE, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF KOLACHE FACTORY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICE. YOU FURTHER AGREE THAT IF, AND ONLY IF, ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF KOLACHE FACTORY, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR RELATED TO THE USE OF THE SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO A MAXIMUM OF ONE DOLLAR ($1). YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CAUSE OF ACTION.
You agree that this Agreement and your use of the Service shall be governed by the laws of the State of Texas, without regard to conflicts of laws principles, and Kolache Factory shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. Further, you agree that any action you bring that arises from or relates to the Service must be initiated within one (1) year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and Kolache Factory regarding its subject matter, and it supersedes any prior or contemporaneous agreements and understandings, both oral and written, between you and Kolache Factory regarding its subject matter.
BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU ARE INDICATING THAT YOU ARE OVER 18 YEARS OLD, CURRENTLY A GUEST OF KOLACHE FACTORY, THAT YOU HAVE READ ALL OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.