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Freerunner's Terms And Conditions For Public WiFi Usage

Definitions
Commencement
Provision of the service
Terms governing your use of the service
Duration
Access to sites
Connection of equipment to the Service
Use of the service
Acceptable use policy
Materials in the Landing Page and Service
Limitation of liability
Severability
Matters beyond the reasonable control of either party
Law and Jurisdiction

Definitions
- Freerunnermeans Free Runner Net Limited of 12 Mosley Street, Newcastle upon Tyne, NE1 1DE, registered in England No. 6880982.
- Freerunner Group Company means a Freerunner subsidiary or holding company including without limitation a holding company of Freerunner, or a subsidiary of any such holding company, all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989.
- Contract means these Conditions.
- Customer means the person registering for the Service. Freerunner may accept instructions from another person who Freerunner reasonably believes is acting with the Customer's authority or knowledge.
- Landing Page means the web page presented to the Customer to enable logging into the Service.
- Service means Internet access provided free of charge via WiFi in Sites.
- Site means each physical location of the radio access points offering the Service.

Commencement
1. Your use of the Service indicates your acceptance of these Terms and commencement of this contract. If you do not agree to our Terms, you must not use the Service

Provision of the service
1. Freerunner will provide the Service to the Customer on the terms of this Contract.
2. Freerunner will use reasonable endeavours to provide the Service by the date agreed with the Customer, but all dates are estimates and Freerunner has no liability for any failure to meet any date.
3. Freerunner will provide the Service with the reasonable skill and care of a competent telecommunications service provider.
4. Freerunner will use reasonable efforts to provide uninterrupted Service but from time to time faults may occur, which Freerunner will repair as soon as reasonably practicable.
5. Occasionally Freerunner may:
  - for operational reasons, change the codes or the numbers used by Freerunner for the provision of the Service or the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
  - give the Customer instructions which it believes are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by Freerunner to the Customer or any other customer; or
  - temporarily suspend the Service because of an emergency or for operational maintenance or improvements. Service will be restored as soon as reasonably practicable.

Terms governing your use of the service
1. We reserve the right, at our discretion, to modify, add to or remove any of the Terms by updating the Landing Page at any time where required to do so by any applicable law, regulation or competent authority. We may also modify, add to or remove any of the Terms where it is reasonable to do so. In particular we reserve the right to amend the Acceptable Use Policy set out in clause 9.

Duration
1. the Service will continue to be provided to the Customer on the terms of this Contract unless terminated in accordance with the Conditions.

Access to sites
1. Freerunner does not authorise or guarantee access to any of the Sites for the Customer to use the Service or guarantee that Service will continue to be available from a specific Site

Connection of equipment to the Service

Use of the service
1. The Service must not be used:
  - to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
  - to cause annoyance, inconvenience or needless anxiety;
  - to send or provide or receive unsolicited advertising or promotional material;
  - other than in accordance with the Acceptable Use Policy, the acceptable use policies of any connected networks and the Internet standards.
  - in any way which, in Freerunner's opinion, is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer and fails to take corrective action within a reasonable period of receiving notice from Freerunner,
2. The Customer acknowledges that Freerunner has no control over the information transmitted via the Service and that Freerunner does not examine the use to which customers put the Service or the nature of the information they are sending or receiving. Freerunner excludes all liability of any kind in relation to such information and use.
  1. Subject to paragraph 11 of the Conditions, Freerunner is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including internet registration authorities) or for faults in or failures of their equipment.

Acceptable use policy
1. When using the Service you agree to the following policy, which is intended to improve the use of the Service by preventing unacceptable uses. We do not actively monitor your use of the Service. 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 Service provided. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal or may subject The Freerunner to liability or may breach this policy.
2. The Freerunner may co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this policy may result in the suspension or termination of either access to the Service or other actions as detailed below.
3. The following, without limitation, are examples of breaches of this policy:
  1. Your use of the Service to:
    - transmit any material (by uploading, posting, e-mail or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
    - harm, or attempt to harm, minors in any way;
    - transmit any material (by uploading, posting, e-mail 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);
    - transmit any material (by uploading, posting, e-mail or otherwise) that infringes any intellectual property right or other proprietary rights of any party;
    - transmit any material (by uploading, posting, e-mail 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.
4. The Freerunner may take any one or more of the following actions, or other actions not listed, at The Freerunner's sole discretion in response to breaches of the acceptable use policy or complaint:
  - issue warnings: written or verbal;
  - suspend your account;
  - terminate your account;
  - bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or
  - commence legal proceedings against you.

Materials in the Landing Page and Service
1. The Landing Page and Service may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. The Landing Page and Service may also contain material provided by third parties which is also protected by intellectual property laws.
2. All trademarks reproduced on the Landing Page or in the Service which are not the property of or licensed to us are acknowledged.
3. You may view, use, download and store material on this Landing Page for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited.
4. Unauthorised use of the Landing Page or the Service may give rise to a claim against you for damages and/or be a criminal offence..

Limitation of liability
1. The Terms do not exclude or limit our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter in respect of which it would be illegal for us to exclude or to attempt to exclude our liability.
2. Freerunner is not liable to the Customer, either in contract, tort (including negligence) or otherwise for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect loss or damage or for any destruction of data.
3. We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. Our liability to you shall not include losses relating to any business, including but not limited to lost data, lost profits or business interruption.
4. We are not liable to you if you cannot use the Service because
  - of any power outage;
  - a location or our network is undergoing maintenance as previously scheduled and noticed on our website or the Landing Page; or
  - the Service has been suspended or interrupted because of a reason outside of our reasonable control.
5. If Freerunner is found to be liable to you, subject to clause 11.1, the liability shall be limited to direct loss and one thousand pounds (£1,000) for any one incident or series of related incidents in any period of six months

Severability
1. If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision omitted.

Matters beyond the reasonable control of either party
1. If the Customer or Freerunner is unable to perform or is delayed in performing any obligation under the Contract because of something beyond its reasonable control including act of God, lightening, flood, exceptionally severe weather, epidemic, pandemic, fire, explosion, war, civil disorder, industrial disputes, or acts or omissions of local or central government or other competent authorities, or beyond the reasonable control of its suppliers, it will have no liability to the other for the failure of delay in performing.
2. In the event of:
  1. a refusal or delay by a third party to supply a telecommunications service to Freerunner and where there is no alternative service available at reasonable cost; or
  2. the imposition of restrictions of a legal or regulatory nature which prevent Freerunner from supplying the Service
3. then Freerunner will have no liability to the Customer for failure to supply the Service

Law and Jurisdiction
1. This Contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English courts.

Freerunner's Terms And Conditions For Public WiFi Usage

Definitions