This agreement sets out the terms and conditions on which Premier Marinas Limited’s wireless internet access (‘Service’) is provided to you, a customer of (‘Premier Marinas’). Your use of the Service confirms that you agree to these terms and conditions.
1. Extent of the Service
1.1 We do not recommend the use of any websites in particular, or other internet related services. Your use of internet services is entirely at your own risk.
1.2 We have no responsibility for, or control over, the internet services you access and do not guarantee that any service is error or virus free.
1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted or received via the Service; or
1.5.3 that the Service will be compatible with your equipment or any software you may use.
1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, we do not guarantee the security of the information which you may transmit or receive when using the Service. Further, we do not guarantee the security of information located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security, in terms of equipment and procedures, to ensure the security, integrity and confidentiality of your information and data.
1.7 We reserve the right at all times to withdraw the Service or change the specifications or manner of use of the Service. Similarly we reserve the right to change access codes, usernames, passwords or other security information necessary to access the service.
1.8 The service is subject to a fair usage policy of 2GB (upload or download) per account, per day. If the fair usage policy is breached the connection speed will be heavily throttled until the allocation resets; this occurs daily at midnight.
2. Your Use of the Service
2.1 You must not use the Service to access internet services, websites or send or receive emails, which:
2.1.1 are defamatory, threatening, intimidating or which could be deemed harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain materials that infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 Music, video, film pictures, text and other content on the internet are copyright works and you should not download, alter, email or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provision of this agreement including but not limited to clauses 2.1 to 2.2 above.
2.4 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.
2.5 The Service is intended for personal non-commercial use only. If you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
3. Criminal Activity
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. Our Use of your Information
4.1 We will store the MAC address of your device when you log in, this allows you to reconnect to the service later or at another marina without having to log in again. We may periodically require you to re-authenticate your device
4.2 We may also store details about your device and use of the service for managing the service and troubleshooting any technical issues.
5. Other Terms
5.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the Service in breach of these terms and conditions, and in particular clause 2.1 to 2.2 and 3.1 above.
5.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence, we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the Service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
5.3 This agreement does not allow either party to act as, or present themselves as, acting as an agent of the other party and the terms of this agreement are not enforceable by any person or organisation other than Premier Marinas Limited under the Contracts (Rights of Third Parties) Act 1999.
5.4 This agreement is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.