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Wi-Fi Terms of Service

For the convenience of our state park and historic site visitors, Missouri State Parks (MSP) is pleased to provide free wireless internet access in select areas at some Missouri state parks and historic sites. Since wireless access can be offered in different ways, and the internet contains potential risks as well as benefits, we want you to know what to expect from this service, and what is expected of those using it. All use of such service is governed by this internet usage policy. By your use of the service, you expressly acknowledge and agree to the provisions of this policy, and you hereby release MSP from any liability or responsibility for any damages you may incur or cause to be incurred as a result of your use of the service, including, without limitation, the matters expressly set forth below.

1. Permitted use

a. Children under the age of eighteen (18) must have parental permission to use the service.

b. Please note that MSP reserves the right to terminate your use of the service at any time for any reason or no reason. MSP also reserves the right to disconnect the service without notice for any reason or no reason.

2. Internet content warning: no internet content filters

As you may be aware, the internet contains material that may be offensive to or inappropriate for some people. Neither MSP, its affiliates, access providers, contractors nor their respective employees has any control over the content or materials available to you on the internet or made available to others by you as a result of your use of the service. No website filtering or screening programs are provided with the service. It is solely your responsibility to supervise your children’s use of the service to prevent their exposure to objectionable or inappropriate materials. Parental control software or other protections are commercially available and may assist you in preventing access to websites containing content that is inappropriate for minors.

3. Limitations regarding the service and disclaimer of liability and warranties

You understand and agree to the following:

a. The service is only a conduit to the internet, provided strictly on an “as is,” “where is,” and “as available” basis without any express guarantee or assurance of quality, reliability or functionality.

b. The service provides no firewall, virus or spyware protection, power surge protection, or other protective systems for your equipment. As a result, MSP has no responsibility or liability for any damages, direct or indirect, which may arise out of your use of the service or the termination of your use of the service, regardless of whether MSP is at fault. Such damages may include, but are not limited to, equipment failures; viruses; short circuits; loss of data or privacy (including, but not limited to, theft of sensitive information, damage to software, and identity theft); loss or damage to software, data, or hardware of any kind or for any reason; actions by any other user of the services, or the internet; or any other occurrence arising out of your use of the service.

c. MSP can limit what internet features are allowed through the service as it deems appropriate to ensure that available capacity is not consumed by one or a few visitors. Features that may be limited or blocked include, but are not limited to, peer-to-peer file sharing; voiceover IP; VPNs; and sending a large volume of email messages.

d. You agree that you are responsible for providing security measures that are suited for your intended use of the Missouri State Parks Wi-Fi Service. For example, you shall take full responsibility for taking adequate measures to safeguard your data from loss. Also, you must provide all equipment, technology and software to use this service.

MSP does not control and is not responsible for data, content, services or products that you access or download through this service. MSP may, but is not obliged to, block data transmissions to protect MSP, the Missouri State Parks Wi-Fi network, or the public.

e. You understand and agree that (a) this service will not be uninterrupted or error-free, (b) there is no warranty or guarantee that this service will operate at any minimum data transfer speed, (c) MSP has no control over third-party networks or sites you may access in the course of your use of this service, and (d) you download or otherwise obtain material or data through the use of this service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

g. MSP hereby disclaims all express and implied warranties with respect to the service, including, but not limited to, warranties of merchantability, fitness for a particular purpose, privacy, availability of internet access, security and virus protection, protection from exposure to objectionable, illegal or inappropriate internet content, and theft or loss of data.

4. No misuse

Any misuse of the service is expressly prohibited. “Misuse” includes, without limitation: (i) using the service to send, receive, print, display, perform or otherwise disseminate material that is unlawful, abusive, invasive, defamatory, fraudulent, obscene, pornographic, offensive, vulgar, threatening, harassing or malicious; (ii) using the service to copy, send, receive, print, display or otherwise disseminate files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) using the service to disseminate unsolicited email of any kind, regardless of the content or nature of such messages, or to post the same or similar message to public forums like blogs or newsgroups; (iv) attempting to access a part of the service assigned to another person or to which you have not been granted authorized access, or otherwise undermining or circumventing security devices, firewalls, virus protection, content filters, procedures or access restrictions within the service or anywhere else via the service; (v) unauthorized and intentional copying, destruction, deletion, distortion, removal, concealment, modification, or encryption of, or otherwise interfering with the integrity of, messages, files, or other data affecting the service or anywhere else via the service; (vi) downloading, using or installing any unauthorized or unlicensed software or data, including, without limitation, screen savers, games, time or logic bombs, lockout or disabling devices or code, Trojan horses, viruses or worms; (vii) tampering with or taking any equipment used to provide the service, including, without limitation, access points, antennas, cables, power supplies, electronic components or similar equipment; (viii) using the service to copy, send, receive, print, display or otherwise disseminate data that contains or includes confidential, trade secret or proprietary information of either MSP, its clients or customers; (ix) using the service in violation of any applicable federal, state or local law including, but not limited to hacking, cracking, bugging, virus distribution, or accessing or tampering with government or private data of others without authorization; or (x) using the service to engage in any other activity deemed by MSP to be in conflict with the spirit and intent of this policy.

5. Compliance and indemnification

You must comply with all software licenses, copyrights, and all other state, federal and local laws governing intellectual property and online activity. You agree to defend, indemnify and hold MSP harmless from and against any and all costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the service.

6. Changes to policy

We may modify or terminate these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user or any third party. Please review these Terms of Service from time to time so that you will be apprised of any changes.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.