Guest Internet Access Service Acceptable Use Policy

Fox Rothschild LLP Guest Internet Access Service Acceptable Use Policy

Last modified: April 5, 2017

Fox Rothschild LLP (“Fox Rothschild”) provides our guests access to the Fox Rothschild Guest Internet Access service (the “Service”). Your use of the Service is subject to this Guest Internet Access Service Acceptable Use Policy, as may be amended from time to time (the “Policy”). Questions regarding this policy can be directed to the Fox Rothschild Chief Privacy Officer.

Introduction. The Service is a free service of Fox Rothschild and may be refused or revoked at any time for any or no reason whatsoever. Fox Rothschild makes no representation that the Service will be available, or function as intended, at any time. The Service allows authorized visitors of Fox Rothschild to connect to the Internet. Use of the Service is subject to the following rules and guidelines. Each user of the Service is responsible for ensuring that her/his use of the Service provided to him/her comply with this Policy. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICE.

Illegal Activity. The use of the Service for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy.

Security. You are responsible for any misuse of the Service, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer. The Service may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person, or to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. You are solely responsible for the security of any device you choose to connect to the Service, including any data stored on that device.

Inappropriate Content. There may be content on the Internet or otherwise available through the Service that may be offensive to some individuals, or that may not be in compliance with federal, state and local laws, regulations and/or rules. Fox Rothschild will not assume any responsibility for the content contained on the Internet or otherwise available through the Service. You assume the risk of accessing content through the Service and Fox Rothschild shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. You are solely responsible for any information that you publish on the web or other Internet services. Fox Rothschild reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. Fox Rothschild does not have any obligation to monitor transmissions made on the Service. However, Fox Rothschild does have the right to monitor such transmissions from time to time and to disclose the same to any party. By using the Service to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy.

Electronic Mail. The Service may not be used to send or collect responses to unsolicited bulk or commercial messages, including, but not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account.

Bandwidth, Data Storage and Other Limitations. The Service is designed for typical usage by a computer user seated at his or her Service-access device. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Users must ensure their activity neither improperly restricts, inhibits, or degrades any other user’s use of the Service, nor represents (in the sole judgment of Fox Rothschild) an unusually large burden on the network itself. Fox Rothschild may, without notice, modify the speed, interrupt, or prohibit such data traffic. The Service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use.

Violations of this Policy; Termination. You agree that we may cancel your access to the Service at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Policy, security or safety reasons, and/or using the Service to perform any illegal activity. You further agree that in the event of termination for any reason we will have no liability to you.

We do not routinely monitor the activity of users for violation of this Policy. However, we will respond appropriately if we become aware of inappropriate use of the Service. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. It is our policy, in appropriate circumstances, to terminate the access of users who infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. We will not have any liability for any such responsive actions. The above described actions are not our exclusive remedies and we may take any other legal or technical action we deem appropriate. We reserve the right to investigate suspected violations of this Policy, including the gathering of information from you or users involved and the complaining party, if any, and examination of material on our servers and network. During an investigation, we may suspend your access and/or remove material that violates or potentially violates this Policy. You hereby authorize us to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at Internet service or other network or computing facilities in order to enforce this Policy. Such cooperation may include providing IP address, contact information or other identifying information about a user. Our failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Modifications. We may, at our sole discretion, modify the terms and conditions of this Policy. Such modifications shall be binding and effective the next time you log into the Service. The current date of the Policy is set forth at the beginning of this Policy. You agree to review this Policy each time that you log into the Service to maintain awareness of any modifications. By continuing to use the Service after such change, you accept and agree to all such modifications.

Indemnification. You shall indemnify, defend and hold us and our respective partners, officers, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Service or any breach of this Policy.

Warranty. THE SERVICE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.

Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND ANY THIRD PARTY PROVIDERS, AND OUR AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, OUR SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO US BY YOU FOR USE OF THE SERVICE.

Entire Agreement, Applicable Law. This Policy constitutes the entire agreement between the parties with respect to the subject matter hereof. This Policy shall be construed under the laws of the United States and the Commonwealth of Pennsylvania, as applicable, without giving effect to the principles of conflicts of law thereof.