FREE PUBLIC WIFI

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Terms and Conditions for Free Access to Public Wi-Fi

Please read the following information carefully before connecting and using the Wi-Fi System.

Welcome to the wireless high-speed Internet access system ("Wi-Fi System") at Indianapolis International Airport ("Airport"). This agreement ("Agreement") governs your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System. This Agreement is between you and the Indianapolis Airport Authority, operator of the Airport ("Authority"), the organization currently providing you access to this website described under Description of Wi-Fi System below.

BY CONNECTING TO AUTHORITY'S FREE WI-FI SYSTEM, YOU REPRESENT that:

1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND
2. YOU ARE AT LEAST 18 YEARS OF AGE.

If you do not agree to the terms of this Agreement, you may not use the Wi-Fi System, and must immediately disconnect. Your electronic acceptance of the Agreement by connecting to the Wi-Fi System has the same effect as if you had actually signed the Agreement. You accept this Agreement each time you use the Wi-Fi System. The effective date of this Agreement is the date that you connect to the Wi-Fi System.

Description of Wi-Fi System/Service Availability

The Authority will provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of the Airport, and may not always be operational even if available.

Use of the Wi-Fi System is free; however, some internet sites may charge you for use. The Intranet website portion of the Wi-Fi System contains certain limited informational and entertainment content provided by the Authority or third parties that have licensed content to the Authority. The Authority may provide links on the intranet Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by the Authority of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.

Your Acknowledgements

You acknowledge and agree:

(1) use of the Wi-Fi System may not be uninterrupted or error-free; (2) the Authority does not screen or restrict access to any content placed on or accessible through the Internet, including without limitation communications between parties; (3) you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive; (4) the Authority is not liable for any action or inaction with respect to any content on the Internet accessible through the Wi-Fi System and/or any content (including without limitation content provided by third parties or licensed to the Authority) within the Intranet portion of the Wi-Fi System; (5) the Authority's ability to provide the Wi-Fi System without charge to you is based on the Disclaimer/No Warranty and Limitation of Liability provisions specified in this Agreement and provision of the Wi-Fi System would require a substantial fee if any of these provisions were unenforceable; (6) the Authority does not guarantee or undertake the security of the Wi-Fi System including without limitation any data you send through the Wi-Fi System; (7) unauthorized third parties may access your device(s) or files or otherwise monitor your use of the Wi-Fi System; (8) to be responsible for the accuracy, completeness, reliability and/or usefulness of any content that you send or receive via the Wi-Fi System; and (9) we reserve the right at all times to withdraw or change any specifications related to the Wi-Fi System.

Assumption of All Risks of Use

USE OF THE WIFI SYSTEM IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION, THE RISKS OF LOSS OF DATA AND/OR DAMAGE CAUSED BY HACKERS, VIRUSES AND OTHER MALICIOUS SOFTWARE. THE AUTHORITY ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE. WE RECOMMEND THAT YOU DO NOT USE THE WI-FI SYSTEM TO TRANSMIT OR RECEIVE ANY CONFIDENTIAL INFORMATION OR DATA.

Your Responsibilities

You must (1) comply with all terms and conditions of this Agreement, (2) adhere to the Authority's Acceptable Use Policy described below, and (3) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi System, and to secure your data (4) comply with local, state, and federal laws and regulations, including without limitation copyright and intellectual property rights laws.

Acceptable Use Policy

All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. The Authority does not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly, we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject the Authority to liability or may violate this AUP. The Authority may cooperate with third parties including without limitation legal authorities in the investigation of any suspected or alleged crime, civil wrong or breach of this Agreement. Breach of this AUP or breach of any other provision of this Agreement may result in the suspension or termination of either access to the Wi-Fi System and/or your account or other actions.

The following is a non-exclusive list of examples of violations of this AUP. You agree to not use the Wi-Fi System to:

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy;

(2) harm, or attempt to harm, any person in any way;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other mass form of solicitation;

(7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Wi-Fi System are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(9) interfere with or disrupt the Wi-Fi System or servers or networks connected to the Wi-Fi System, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi System;

(10) violate any applicable local, state, or federal law, including without limitation unauthorized use of content protected by copyright law;

(11) "stalk" or otherwise harass another;

(12) resell access to or use of the Wi-Fi System without the Authority's written authorization;

(13) use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, Internet Relay Chat server, or any other server.

If you believe that there is a violation of this AUP please direct the information to: AUPViolation@ind.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers, which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

DMCA Safe Harbor

IAA respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of our Wi-Fi System who are repeat infringers.

Notifying IAA of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of "DMCA Notification Dept." at AUPViolation@ind.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a detailed description of where the material that you claim is infringing is located or found on our system;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing IAA with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at AUPViolation@ind.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Termination

You agree that the Authority may terminate this Agreement and cancel your access to the Wi-Fi System for any and all accounts you may have at any time, without notice, for no reason and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, providing inaccurate registration information, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of such termination for any reason Authority will have no liability to you.

Notice of Problems Accessing or Using the Wi-Fi System

If you experience a problem accessing or using the Wi-Fi System, please report the problem by sending an email to the address posted on the Support/FAQs page located at www.indianapolisairport.com.

Modifications to Agreement

The Authority may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the Wi-Fi System 'Internet Access Signup' page. If you use the Wi-Fi System after postings of any such modifications, you accept and agree to any and all such modifications.

Indemnification

You agree to indemnify, defend and hold IAA, its officers, directors, agents and employees, harmless from and against any and all claims, actions, damages, liabilities, losses, costs, fines, penalties, judgments, demands and expenses, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney's fees), arising out of or in connection with (1) any damage or injury (including death) to persons or property sustained in or about any property owned or occupied by IAA (e.g., Indianapolis International Airport), as a proximate result of your acts or omissions relating to this Agreement; any (2) any breach of this Agreement by you; (3) any infringement or misappropriate of any rights of third party's; or (4) your violations of law. You shall use legal counsel reasonably acceptable to IAA in carrying out your obligations under this section. The indemnification and hold harmless obligations set forth in this section shall survive expiration or termination of this Agreement.

Disclaimers; No Warranty

THE WI-FI SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AUTHORITY PROVIDES NO WARRANTY WHATSOEVER (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE WIFI SYSTEM. ALL WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF AUTHORITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM. THIS SECTION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

Limitation of Liability; No Consequential Damages

UNDER NO CIRCUMSTANCES WILL THE AUTHORITY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, COST, EXPENSE OR INJURY (WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LIABILITY) ARISING UNDER OR RELATED TO THIS AGREEMENT.

UNDER NO CIRCUMSTANCES WILL THE AUTHORITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, COVER, OR INCIDENTAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF THE AUTHORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER FORESEESABLE OR UNFORSEESABLE, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LIABILITY, ARISING UNDER OR RELATED TO THIS AGREEMENT. THIS SECTION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

Miscellaneous

This Agreement does not create a partnership, joint venture, agency or franchise between the parties. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, such holding shall not affect the validity of any other provision. This Agreement constitutes the entire agreement between you and the Authority with respect to the subject matter hereof, and supersedes all prior writings or understanding. This Agreement shall be governed by and construed under laws of the State of Indiana without regard to conflicts of laws principles. Any litigation arising under this Agreement shall be commenced and maintained only in state or federal courts situated in Marion County, Indiana. The Parties consent to the personal jurisdiction of, and venue in, such courts, and waive any right to object to this designation of jurisdiction and venue in the future.