Yellowstone's
Edge RV Park WiFi Service Agreement
(Very few of Our guests have
difficulties. We will attempt to
suggest sources of
assistance if requested by any guest.)
By using Our WiFi
service
you agree to be bound by this
Agreement and abide by these Policies.
Services Provided
- Our Internet Wide Area Network
(WAN) provider is WISPWest
and
we distribute this service in Our RV Park.
- Guests must request access
information which is provided as a "no fee courtesy" subject to this
Agreement.
- Our 802.11b/g Access Points
are listed by the manufacturer as WiFi
Certified®. We have selected D-Link®
DWL-2700AP (outdoor) and DWL-3200AP (indoor) Access Points.
- When failures of the WAN or
WiFi cause loss of Internet to Our Guests we will arrange for
repairs.
- Our WiFi is accessible for
most guests at the RV Park Office's porch, their RV Site, inside their
RV, Log Lodge (game room and laundry), and in the River Suite Cabin.
Occasionally Guests
may experience connection difficulties, especially inside their RV,
that we cannot control.
- Yellowstone's Edge RV Park
began a continuing commitment to provide
WiFi in 2005 and we believe it has been successful. The Service's
performance is subject to your computer(s) having suitable WiFi devices
and software, Email account
subscriptions, etc.; is subject to the communications sources we
have selected for this amenity; and is subject to random failures
and interruptions; therefore we must impose the stated Disclaimers
and
Warranties below on Our Guests.
Restrictions
1) Operation of
transmitting devices in any manner that
interfere with Our wireless (WiFi) is not permitted. Some examples of
problem transmitting devices, not
all inclusive, are:
a) Devices that
transmit
802.11b/g/n signals on Channel 2 or on any nearby Channel and
specifically Channels 1, 3 to 5, at power levels that
degrade the Yellowstone's Edge WiFi.
b) A Guest operating an 802.11b/g/n LAN or WiFi system with the
intention
of
supplying service beyond this guest's RV.
c) Operating boosters, amplifiers and other accessories intended to
provide Long Range or High Power signals in the 2.402 GHz to 2.472 GHz
Band.
NOTES and
EXPLANATIONS
[Our use of the terms "boosters," "Router,"
"Access Point," and "high data rate" devices is
not
intended to describe an external bridge or internal
computer card
attached to antenna(s) intended to connect a single computer
to
Our WiFi.]
• Our WiFi operation on 802.11b/g Channel 2 was selected by our ISP
(WIPSWest)
for compatibility with other nearby WISPWest Internet users. We request
that any
of Our RV guests with Router or Access Point devices select a mode
using a single Channel 6 to
11, disconnect or turn off range boosting devices and do not exceed +15
dBm of radiated power (30 milliwatts) from antenna(s) located inside
the
RV.
• "High data rate" WiFi devices achieving speeds over 54 MBPS*; e.g.
108 MBPS, 125 MBPS, super g, g turbo, mimo, n draft, or n - names not
all inclusive; typically utilize multiple transmitters,
receievrs and antennas operating over a larger portion of the 802.11
Channels 1 through 11. The term "backward compatible" as applied to
these devices only refers to the computers they will serve. "High
data rate" modes may not be compatible with other nearby Access Points
including Our
WiFi. Within Yellowstone's Edge RV Park all Guest's devices need to be
operated in an 802.11 b (11 MBPS) or g (54 MBPS) mode with a maximum
bandwidth of 20 MHz.
The High Data Rate mode must be
disabled following the manufacturer's Setup instructions.
• On a non-interfering basis with other WiFi using Guests, we will
monitor Our WiFi quality to assist an operator of a "booster," "Router"
or "Access Point"
in finding a compatible Channel, mode and power level. If there is no
quick
and effective solution we will not permit continued operation of
equipment(s) that cause a Zone or Area of blocked access
to Our WiFi using Guests.
* MBPS refers to a data rate of Mega Bit Per Second, Mbit/S, MB or
similar.
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2) Yellowstone's Edge RV Park WiFi service may not be used:
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a) by
anyone who is not a
registered guest at Yellowstone's Edge RV
Park, and is not at least 18 years old or supervised. Use of our WiFi
by anyone other
than our paying guests is a theft of
service, and all legal means will be employed to stop any unauthorized
access.
b) to transmit any material by email, upload, download, post, or in any
other way that, intentionally or unintentionally, violates any
applicable local, state, national or international law.
c) to transmit, or engage
in any activity that results in the
transmission of, any unsolicited commercial or bulk email.
d) to
gain unauthorized access
to WiFi security systems, or to any
other entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data.
e) to collect, or attempt
to collect, personal information about other
parties without their knowledge or consent.
f) for redistribution of
Yellowstone's Edge RV Park WiFi Service
without written authorization from the owners of
Yellowstone's Edge RV Park.
g) for any activity that
adversely affects the ability of other guests
or systems to use Yellowstone's Edge RV Park WiFi Service.
h) on a standby or
inactive
basis. Your connection can, and will be,
terminated when there has been, as determined by the management, an
extended period of inactivity. |
Result of Violations
Any violation of these policies will result in any and/or all of the
following actions, as determined by the owners of Yellowstone's Edge RV
Park:
a) Issue warnings (written or verbal)
b) Suspend or Terminate
WiFi access
c) Legal action to enjoin
violations and/or collect damages caused by
violations |
Anyone who has information
regarding a suspected violation of these
policies is asked to provide the following information, if available,
to Yellowstone's Edge RV Park management:
a) IP address used to commit the suspected
violation
b) Date and time of the
suspected violation
c) Any other evidence
regarding the suspected violation |
Disclosures
Yellowstone's Edge RV Park owners will cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged
crime or civil wrong.
Yellowstone's Edge RV Park may
monitor the use of our WiFi
services and
disclose information regarding that use in order to:
a) satisfy laws, regulations, or
governmental or legal requests
b) provide proper
operation of the service
c) do any and all things
deemed necessary to protect itself, its
employees, its customers or others |
General Provisions
This Agreement is governed by Montana law without regard to conflict of
law provisions.
Any controversy or claim arising out of or relating to this agreement,
or the breach thereof, shall be settled by arbitration, and
administered by the arbitration association selected by Yellowstone's
Edge RV Park. Any such arbitration will be held in a city chosen by
Yellowstone's Edge RV Park in Montana. The arbitrator need not be an
expert in the field of Internet services. The arbitrator's award shall
be final and binding and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
There shall be no class action arbitration pursuant to this agreement.
This Agreement, a copy of which is available in the Yellowstone's Edge
RV Park office, constitutes the entire agreement between you and
Yellowstone's Edge RV Park with respect to your use of the our WiFi
Service.
This Agreement can only be revised, amended, or modified by
Yellowstone's Edge RV Park, at it's sole discretion, at any time and in
any manner.
Notice of any revision, amendment, or modification will be available in
the Yellowstone's Edge RV Park office.
If any provision of this Agreement shall be held to be invalid,
illegal, or unenforceable, the validity, legality and enforceability of
the remaining provisions shall not be affected or impaired thereby.
You agree to indemnify and hold Yellowstone's Edge RV Park harmless
against all third party claims, demands, suits, actions, judgments,
losses, costs, damages (direct, indirect and consequential), attorney's
fees and expenses that Yellowstone's Edge RV Park may incur by reason
of any breach or alleged breach of any term or condition of this
Agreement that is related in any manner to the provided WiFi service.
Disclaimers and Warranties
Yellowstone's Edge RV Park WiFi services are
provided on an "as is" and "as available" basis. Yellowstone's Edge RV
Park does not warrant that the service will be uninterrupted,
error-free, or free of viruses or other harmful components.
Yellowstone's Edge RV Park makes no express or implied warranties
including, but not limited to, warranties of title, noninfringement,
merchantability, or fitness for a particular purpose regarding any
merchandise, information, or service provided through our WiFi or the
Internet. No advice or information given by Yellowstone's Edge RV Park
or its representatives shall create a warranty. Yellowstone's Edge RV
Park and its employees are not liable for any costs or damages arising
directly or indirectly from your use of our WiFi services or the
Internet, including any indirect, incidental, exemplary, multiple,
special, punitive, or consequential damages. In any event,
Yellowstone's Edge RV Park's cumulative liability to you for any and
all claims relating to the use of our WiFi services shall not exceed
the total amount of fees paid by the claimant to Yellowstone's Edge RV
Park for use of our WiFi services during the three months immediately
preceding a claim. Yellowstone's Edge RV Park shall have no liability
whatsoever for any claims, losses, actions, damage suits, or
proceedings resulting from other users accessing your computer,
security breaches, eavesdropping, denial of service attacks,
interception of traffic sent or received using our WiFi services, your
reliance on or use of the equipment or services, or the mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in
operation, transmissions, or any failure of performance of the
equipment or services, the use of the equipment or services by you or a
third party that infringes the copyright, patent, trademark, trade
secret, confidentiality, privacy or other industrial or intellectual
property rights, proprietary or contractual rights of any third party,
the accuracy, completeness, and usefulness of all services, products,
and other information, and the quality and merchantability of all
merchandise provided through our WiFi service or the Internet. The
foregoing limitation applies to acts, omissions, negligence and gross
negligence of Yellowstone's Edge RV Park, its officers, employees,
agents, contractors, or representatives which, but for this provision
would give rise to a cause of action against Yellowstone's Edge RV Park
contract, tort, or any other legal doctrine. Your sole and exclusive
remedies under this agreement are as expressly set out in this
agreement. (Rev. July 10, 2007)
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