Please take a moment and read carefully the following Agreement before using the service.
Harbour Village Beach Club
Wireless Hotspot Terms, Conditions and Disclaimer
(Bonaire, May 2012)
You are about to access the Internet through a wireless hotspot operated on behalf of Harbour Village Beach Club ("Harbour Village"). Harbour Village provides free wireless Internet access and related services and features (the "Service") limited to the actual location of Harbour Village, Kaya Gobernador N.Debrot No. 71 Bonaire, Dutch Caribbean. The use of the Service shall be governed by these Wireless Hotspot Terms and Conditions contained herein ("the Agreement"). You may only use the Service if you expressly agree to be bound by the terms and conditions of this Agreement each time you access the Service. Please read this Agreement carefully before accessing the Service. By accepting the Agreement and accessing the Service, you acknowledge that you are of legal age, you have read and understood, and agree to be bound by this Agreement. In all events, by using this service, you agree to be bound by these Terms and Conditions. If you do not agree to the terms of this Agreement, do not use the Service.
1. Service Access and Availability
The Service is a free service provided by Harbour Village, exclusively for guests and costumers of Harbour Village. If you are not a guest or costumer of Harbour Village you may not use the Service. Your access to the Service is completely at the discretion of Harbour Village, and your access to the Service 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 Harbour Village, disruption of access to other Users or networks, and violation of applicable laws or regulations. You must accept this Agreement each time you use the Service and it is your responsibility to review this Agreement for any changes prior to each use. As indicated below, Harbour Village reserves the right to change the terms and conditions of the Agreement at any time, without prior notice. Service is only available at designated locations; actual service coverage, speeds and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, lack of signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
2. Use of Service
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that could damage Harbour Village's property or others' property, or interferes with, harms or disrupts Harbour Village's system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You agree to cooperate with Harbour Village in any fraud investigation and to use any fraud prevention measures we prescribe. You agree not to use the Service for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to Harbour Village's reputation, members, facilities, or to any other person. Improper and prohibited use includes, but is not limited to:
- Using the Service to violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, spamming, privacy, data transfer, and telecommunications;
- Using the Service in a manner which presents a material security risk or will interfere materially with the continued operation of the Service;
- Using the Service in any manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights of publicity, including failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works or derivative works protected by intellectual property laws or removing or altering applicable copyright, trademark, or patent notices;
- Using the Service in a tortious manner, including without limitation engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved;
- Introducing viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, in violation of applicable law;
- Using the Service to gain illegal or unauthorized access to other computers or networks with any engine, software, tool, agent, device or mechanism;
- Attempting to intercept, collect or store data about third parties without their knowledge or consent;
- Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
- Interfering or attempting to interfere with the access of any user, host or network. Harbour Village reserves the right to monitor and log the use of the Service to ensure compliance with this Agreement or applicable law. Hotel am Kloster reserves the right to monitor transmissions and to collect and use personally identifiable information to assist in provisioning of service and to monitor network health and performance and otherwise solve problems associated with the Service. We will make available logs and personal information to law enforcement agencies if required. However, we will not purposely forward any of the collected data to third parties.
We reserve the right to terminate your service immediately and without advance notice if we, in our sole discretion, become aware of improper or harmful activity, or if Harbour Village believes that you have violated the above restrictions. If we suspect violations of any of the above, we will investigate and, where appropriate, we may (i) institute legal action, (ii) deactivate the Service or your access to the Service without prior notice to you, and/or (iii) cooperate with law enforcement authorities in bringing legal proceedings against violators. Hotel am Kloster requests that anyone who believes that there is a violation of these Terms and Conditions to direct the information to: firstname.lastname@example.org. By reserving the right to monitor and log connections, Harbour Village does not assume any duties or responsibilities to you or to anyone else.
3. Limitation of Liability
Harbour Village shall not be liable, and you hereby waive all claims against Harbour Village, for any damages arising from use of the Service including without limitation, punitive, exemplary, incidental, special or consequential damages, loss of privacy or security damages; personal injury or property damages; or any damages whatsoever resulting from interruption or failure of service; lost profits, loss of business, loss of data, loss due to unauthorized access of due to viruses or other harmful components, cost of replacement products and services, the inability to use the Service, the content of any data transmission, communication or message transmitted to or received by your unit, access to the world wide web, the interception of loss of any data or transmission, or losses resulting from any goods or services purchased or messages or data received or transaction entered into through the Service. If you are dissatisfied with the Service, or with this Agreement, your sole and exclusive remedy is to discontinue using the Service. By using the Service you acknowledge that your use of the Service is at your sole risk.
4. Content Disclaimer
Harbour Village does not control, nor is Harbour Village responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. Harbour Village may block information, transmissions or access to certain information, services, products or domains to protect Harbour Village, Harbour Village's network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. Harbour Village is not a publisher of third-party content accessed through the Service, and is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access websites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their privacy and other policies (if any) and not Harbour Village's. Harbour Village has no responsibility for third party provider policies, or their compliance with them. You are liable for any and all liability that may arise out of the content transmitted by or to you using the Service. You shall assure that your use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Harbour Village reserves the right to terminate or suspend affected Service if Harbour Village determines that such use does not conform with the requirements set forth in this Agreement, or interferes with Hotel am Kloster's ability to provide Service to you or others, or receives notice from anyone that your use may violate any laws or regulations. Harbour Village's actions or inaction under this Section shall not constitute review or approval of your use.
5. Warranty Disclaimer
The Service is provided "as is" without warranties of any kind, either express or implied. You assume all responsibility and risk for use of the Service. Neither Harbour Village nor its employees or affiliates warrant that the information, products, processes and/or services available through the Service will be uninterrupted, always available, accurate, complete, useful, functional or error free.
You must be at least 18 years old to be eligible to use the Service. However, if you are at least 14 years old but not yet 18, you may use the Service if -- and only if -- you have your parents' or guardians' prior permission. No one under age 14 may use the Service under any circumstances. By accepting this Agreement you are representing that you are at least 18 or that you are at least 14 years old and have your parents' or guardians' permission to access the Service.
You agree to indemnify, defend and hold harmless Harbour Village, its employees and affiliates from and against any and all claims, liabilities, penalties, settlements, judgments, costs, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit; (ii) your use of the Service; (iii) your violation of this Agreement; and (iv) any violation or failure by you to comply with all applicable laws and regulations in connection with the use of the Service.
8. Privacy and Security
Wireless internet connections such as that provided through the Service are not secure. Communications may be intercepted by others and your equipment may be subject to surveillance and/or damage. Since the wireless connection providing you with access uses radio signals, you should have no expectation of privacy whatsoever when using the service. Accordingly, in providing this service, Harbour Village cannot and does not promise any privacy protection when you use the service. It is your sole responsibility to install and deploy technological tools to protect your communications and equipment that may be compromised by use of a wireless network.
9. Limitation of Liability for loss or disclosure of login-data or voucher numbers
It is solely your responsibility that your voucher number or login information to the service is not accessible to third parties - this information could be used to login to your account and violate law or commit violations to this agreement. You could be held liable. If you lose your login information or you have reason to believe that others have or had access to your login-data, please report this to Harbour Village immediatly, so we can invalidate your login data and give you a new login. In no way can Harbour Village be held liable for damages, costs, fees or claims against you or others that result from loss or disclosure of login-data or voucher numbers.
10. Termination of Service
Harbour Village reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion, with or without notice. Harbour Village shall not be liable for any damages, losses, cost or expenses caused by or arising out of termination of the Service, to you or to any other individual.
11. Changes to Terms and Conditions
Harbour Village reserves the right to update or amend these Wireless Hotspot Terms and Conditions and Disclaimer at any time. The amended Wireless Hotspot Terms and Conditions and Disclaimer shall automatically be effective the day of their updated posting in the Wireless Hotspot Terms and Conditions and Disclaimer. Your continued use of the Service after the effective date of any posted change constitutes your acceptance of the amended Wireless Hotspot Terms and Conditions and Disclaimer. For this reason, we encourage you to review these Wireless Hotspot Terms and Conditions and Disclaimer whenever you use the Service. We therefor recommend you to bookmark this page.
12. Place of Jurisdiction
Place of jurisdiction shall be Kaya Gobernador N.Debrot No. 71 Bonaire, Dutch Caribbean. Dutch Antilles law shall be applicable.
13. Invalid Clauses
The inoperativeness of one or several provisions of the Agreement does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Agreement would constitute unreasonable hardship for one or both of the Parties.