Buffalo ConnectSM Terms of Service and Acceptable Use Policy
This Buffalo Connect Terms of Service and Acceptable Use Policy (“Terms of Service”) between you and the Owner of the Service (defined below) sets forth liabilities, duties, obligations and responsibilities associated with use of the Service (defined below). For the purposes of these Terms of Service, “you”, “your”, and other similar terms mean you and every person and entity who accesses or uses the Service using your device(s) or on your behalf.
The goal of the Service is to provide wireless outdoor Internet access through access points in designated coverage areas for individuals with Wi-Fi enabled devices (“Service”). You may be able to access the Service from your devices when you are within range of an access point. You are expected to use the Service in a legal and responsible manner. By accessing the Service, you agree to these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Service.
Environmental and weather conditions and other external factors may at times affect the availability of the Service. There may be some Wi-Fi bare spots throughout the designated coverage areas where the Service will not be available or will have limited availability. Owner does not intend to make the Service available inside of buildings, dwellings, or other structures, as the Service is strictly a system that is designed to provide outdoor Internet access. The Service is only available where access points exist and provide coverage. Owner may change the location or coverage areas of access points at any time and in its sole discretion.
Owner HAS no liability whatsoever, and you expressly agree to hold Owner harmless, for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in any area, including, without limitation, changes in the location and configuration of access points and any CELLULAR DATA costs that you incur WHILE accessing OR USING, OR ATTEMPTING TO ACCESS OR USE the Service. Owner reserves the right, at all times, to withdraw or terminate the Service or to change the specifications or manner of use of the Service or the security information necessary to access the Service.
By accessing the Service, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, and representations set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are between the ages of 13 and 18, you may only use the Service under the supervision of a parent or legal guardian who is responsible for your compliance with these Terms of Service. The Service and your access to the Service are completely at the discretion of Owner and/or the Supporters (defined below). Your access to the Service may be blocked, suspended, or terminated without notice to you or any third party and at any time and for any reason including, but not limited to, violation of these Terms of Service, actions that may lead to liability for M&T Bank (“Owner”) or any of the individuals and entities that provide assistance or support with providing the Service (“Supporters”) Owner, disruption of access to the Service by other users or networks, and violation of applicable laws. Owner reserves the right to amend these Terms of Service, and to alter or terminate the Service, or any component of the Service, at any time without your consent or authorization and without providing you any advance notice. It is your responsibility to review, accept these Terms of Service, and to comply with them, including any new or modified provisions herein, each and every time you use the Service. In any event, your continued use of the Service shall be deemed your current and ongoing acceptance of the modified Terms of Service. Any termination of your ability to use the Service does not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.
You agree that your use of the Service and any activities conducted on the Internet through the Service will not violate any applicable law, rule, regulation, ordinance, guidance, or other authority, or the rights of Owner or any third party.
You further agree and acknowledge that your device may become exposed to viruses or other harmful applications when you use the Service and that unauthorized third parties may access your device or its files, and any communications and/or data that you transmit or attempt to transmit when you use the Service. You further acknowledge that unauthorized third parties may access your device and/or files and data, or otherwise monitor your connection and use of the Service.
Without limiting the generality of the foregoing, you further acknowledge that the Service, which utilizes wireless technologies, is not inherently secure and that wireless communications and data transmittals can be intercepted by technology designed and intended for that purpose. Owner and the Supporters will not be liable to you or any other party for any lack of security that may result from your use of the Service. You agree that you are responsible for providing security measures that are suited for your intended use of the Service. Further, you will take full responsibility for taking adequate measures for safeguarding your data from loss (for example, you will not use the Service to conduct on-line or mobile banking business or any other activities through which your personal, private, confidential and/or financial data is utilized). You further agree that you must provide all equipment, technology and software (for example, a secure web browser and updated anti-virus software) when you use the Service.
You also agree that your use of the Service for the following activities is prohibited:
Sending of bulk and/or commercial messages over the Internet or engaging in activities that invade another person’s or entity’s privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Defamatory or Abusive Language
Transmitting, posting, uploading, or otherwise making available defamatory, harassing, abusive, offensive, illegal, or threatening material or language that encourages bodily harm, destruction of property, or harasses another including, without limitation, any malicious statements or images intended to injure or humiliate others, threats, personal attacks on others or statements expressing animus towards any person by reason of race, color, religion, national origin, gender, sexual orientation or disability.
Forging or misrepresenting email message headers, whether in whole or in part, to mask the originator of the message.
Accessing illegally or without authorization computers, systems, devices, accounts, equipment, or networks belonging to another party, or attempting to penetrate security measures of the Service and/or another system. With limiting the generality of the foregoing, the foregoing includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity. Also prohibited is: (A) distribution of Internet viruses, trojan horses, or other destructive activities, or distributing information regarding the creation of and sending Internet viruses, worms, trojan horses, pinging, flooding, mail bombing, or denial of service attacks and (B) damaging or tampering with any Service equipment, software or settings, maliciously accessing, altering, deleting damaging or destroying any computer system network, programs or data of the Service, Owner or the Supporters, disrupting or attempting to disrupt network traffic, use of the Service by any other use, or attempting to overload the Service and/or its attached systems, or attempting to monitor, capture or otherwise intercept Service network traffic .
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Service which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
Obscene or Indecent Speech or Materials
Using the service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Owner will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with any illegal activity. Certain content or web sites may be filtered or unavailable at the sole discretion of the Owner.
Other Illegal Activities
Using the Service in violation of applicable law, rule, ordinance, regulation, guidance, or authority of the United States, any State or Territory of the United States or any other jurisdiction throughout the world, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating or inappropriately distributing copy written material, or making fraudulent offers to sell or buy products, items, or services. You agree and acknowledge that Owner may be required to provide assistance and information to law enforcement, governmental agencies and other authorities in connection with your use of the Service. You further acknowledge and agree that Owner is entitled to cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you, which may include, but is not limited to, disclosure of such information as we have are entitled or obligated to provide by law, to law enforcement authorities or rights-holders.
The sale, transfer, or rental of bandwidth or any other part of the Service to customers, clients or any other third party, either directly or as part of a service or product created for resale.
Using the Service for multi-media streaming, continuous data transmission or broadcasts, downloading large files, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol, or any other application or use which uses excessive network capacity as determined by Owner in its sole discretion.
Using the Service for any commercial purpose is prohibited.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials being accessed using the Service infringes your copyright, you (or your agent) may send Owner’s designated agent, a notice requesting that access to the item, information or material be blocked. You can contact Owner’s Designated Agent at:
One M&T Plaza
Buffalo, New York 14203
You knowingly and freely assume and accept all risks related to your use of the Service, both the risks known and unknown, even if arising from the negligence of Owner and/or any of the Supporters. You assume full responsibility for your use of the Service.
You acknowledge and/or agree (i) that the Service may not be provided or otherwise made available uninterrupted or error-free and may not be compatible with your device; (ii) your device may be exposed to and infected by viruses or other harmful applications through your use of the Service; (iii) that the Owner does not guarantee or make any representation about the security of the Service and that Owner is not responsible for preventing unauthorized third parties from accessing your device or its contents or otherwise monitoring your connection to, or use of, the Service; (iv) that you are solely responsible for determining compatibility between your device and the Service; (v) that the entire risk as to the availability, quality and performance of the Service is with you; (vi) Owner and its Supporters do not warrant the performance, availability, uninterrupted use, or operation of the Service; (vii) that Owner and its Supporters are not responsible for any injury to person or property that occurs in connection with your use of the Service; and (viii) that Owner’s ability to provide the Service without charge is based on the disclaimer and limitation of liability specified in these Terms of Service and it would require a substantial charge if any of these provisions were unenforceable.
THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE OR ITS CONTENTS AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICE OR ANY GOODS OR PERSONNEL RESOURCES PROVIDED IN CONNECTION WITH THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY OWNER OR ANY OF ITS SUPPORTERS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES WILL OWNER or the SUPPORTERS, or their respective officers, directors, employees, agents and affiliates,BE LIABLE FOR DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR LOST PROFITS OR BUSINESS OPPORTUNITIES, WHETHER FORESEEABLE OR UNFORESEEABLE, OR ANY OTHER DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, JUDGMENTS, DEFICIENCIES OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND OTHER EXPENSES), BASED ON ANY CLAIM, DEMAND, CAUSE OF ACTION, ASSERTION, OR PROCEEDING (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, USE, DAMAGE, OR THEFT OF YOUR SYSTEM, DEVICE, OR DATA, LOSS OF GOODWILL, LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, OR DAMAGE CAUSED TO YOUR DEVICE OR ITS CONTENTS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION OR ANY OTHER CAUSE RELATED TO THE SERVICE), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, OR ANY OTHER CLAIM IN LAW OR EQUITY. IF THE ABOVE LIMITATION DOES NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, OWNER AND ITS PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICE.
You agree to defend, indemnify and hold harmless Owner from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees and court costs and expenses) arising out of or related to your use of or inability to use the Service, any materials you download or upload through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or violation of law, rule, ordinance, guidance, or regulation, or any breach of these Terms of Service. This Section will not be construed to limit or exclude any other claims or remedies that Owner may assert under this Terms of Service or by law or equity.
This Terms of Service shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Terms of Service will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Terms of Service is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Terms of Service. Owner’s performance of this Terms of Service is subject to existing laws and legal process, and nothing contained in this Terms of Service shall waive or impede the Owner’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Owner with respect to such use. This Terms of Service constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the Owner with respect to its subject matter and supersedes all prior writings or understandings.
Owner does not require you to log in or provide Owner or the Supporters with any personal identification information in order to use the Service. Notwithstanding the foregoing, Owner may collect and record information about usage of the Service, such as when and for how long the
Service is used and the frequency and size of data transfers. Owner may also collect information about the geographic locations of the Service access points through which you connect to the Service. Owner will generally use this information for its own purposes only but it may also access, preserve and disclose any such information if required to do so by law enforcement or if Owner has a good faith belief that such access, preservation and disclosure is necessary to comply with legal process or is necessary to protect the rights and property of Owner and/or the Supporters. Owner does not store the content of any of online communications or data transfers. Owner employees cannot access the content of any communications or files sent or received using the Service.
These Terms of Service will be governed by and construed in accordance with the substantive laws of the State of New York and the United States of America. Each Party hereby consents to the exclusive jurisdiction of the courts located in Erie County in the State of New York in the event of a dispute arising out of or under these Terms of Service.
Waiver of Jury Trial
YOU AND OWNER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN LAWSUITS OR OTHER PROCEEDINGS BASED IN LAW OR EQUITY IN CONNECTION WITH THESE TERMS OF SERVICE AND RELATED TRANSACTIONS.
No course of dealing, failure by Owner to require the strict performance of any obligation required under these Terms of Service, or failure by Owner to exercise any right or remedy to which it is entitled, shall constitute a waiver or cause a diminution of the obligations or rights provided under this Agreement.
No Third Party Beneficiaries
No provision of these Terms of Service shall in any way inure to the benefit of any third party (including the public at large) so as to constitute any such party a third party beneficiary of these Terms of Service or of any one or more of the terms hereof.
Agreement to Arbitrate
Except where prohibited by law, as a condition of accessing or using the Service, you agree that (1) any and all disputes and causes of action arising out of or connected with your access or use of the Service, or these Terms of Service, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in accordance with the Federal Arbitration Act (“FAA”, Title 9 of the United States Code) under the auspices of the American Arbitration Association; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THE SERVICE AND YOUR USE OR ACCESS THEREOF, THEN WITHIN THIRTY (30) DAYS FROM THE FIRST TIME YOU USE OR ACCESS THE SERVICE, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, “DISPUTE SETTLEMENT” PROVISION BY NOTIFYING THE OWNER OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: M&T BANK, REGULATORY SUPPORT, PO BOX 1468, BUFFALO, NEW YORK 14240-1468 (ATTN: ARBITRATION REJECTION). Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim, if any, via arbitration pursuant to these Terms of Service.
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