This agreement
sets out the terms and conditions on which wireless
internet access (“the Service”) is provided free of
charge to you, a guest of Lastra Farm Hotel (“us”) in
consideration for your custom. Usage confirms your
agreement to these terms and conditions
1. Extent of the Service
1.1 We do not recommend in particular the use of any
websites (or other internet related services) (“Internet
Services”) and your use of Internet Services is carried
out entirely at your own risk.
1.2 We have no responsibility for, or control over, the
Internet Services you access and do not guarantee that
any services are error or virus free.
1.3 We have no responsibility for, or control over, the
information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do
not examine the use to which you put the Service or the
nature of the information you send or receive.
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted
or received via the Service; or
1.5.3 that the Service will be compatible with your
equipment or any software which you use.
1.6 We do not guarantee the security of the information
which you may transmit or receive using the Service or
located on any equipment utilising the Service and you
accept that it is your responsibility to protect your
information and have adequate security (in terms of
equipment and procedures) to ensure the security,
integrity and confidentiality of your information and
data.
1.7 We reserve the right at all times to withdraw the
Service, change the specifications or manner of use of
the Service, to change access codes, usernames,
passwords or other security information necessary to
access the service.
2. Your Use of the Service
2.1 You must not use the Service to access Internet
Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which
could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or
material;
2.1.3 contain pornographic material (that is text,
pictures, films, video clips of a sexually explicit or
arousing nature);
2.1.4 contain offensive or derogatory images regarding
sex, race, religion, colour, origin, age, physical or
mental disability, medical condition or sexual
orientation;
2.1.5 contain material which infringes third party’s
rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the
manner in which we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on
the internet are copyright works and you should not
download, alter, e-mail or otherwise use such content
unless certain that the owner of such works has
authorised its use by you.
2.3 We may terminate or temporarily suspend the Service
if we reasonably believe that you are in breach of any
provisions of this agreement including but not limited
to clauses 2.1 to 2.2 above.
2.4 We recommend that you do not use the service to
transmit or receive any confidential information or data
and should you choose to do so you do so at your own
risk.
2.5 The Service is intended for consumer use only. In
the event that you use the Service for commercial
purposes we would specifically refer you to clause 5.2
below.
3. Criminal Activity
3.1 You must not use the Service to engage in any
activity which constitutes or is capable of constituting
a criminal offence, either in the United Kingdom or in
any state throughout the world.
3.2 You agree and acknowledge that we may be required to
provide assistance and information to law enforcement,
governmental agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of
the Internet Protocol (“IP”) addresses of any devices
which access the Service, the times when they have
accessed the Service and the activity associated with
that IP address
3.4 You further agree we are entitled to co-operate 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 (whether
pursuant to clause 3.3 or otherwise), and are entitled
to provide by law, to law enforcement authorities or
rights-holders.
4. Our Use of your Information
4.1 Subject to clauses 3.3 and 3.4 above we confirm that
we shall not use any contact details you provide to us
for the purposes of contacting you with marketing
information, updates, promotions and special offers
relating to our business.
5. Other Terms
5.1 You agree to compensate us fully for any claims or
legal action made or threatened against us by someone
else because you have used the service in breach of
these terms and conditions, and in particular clause 2.1
to 2.3 and 3.1 above.
5.2 Whilst we do not seek to limit our responsibility
for fraudulent misrepresentation or if you are injured
or die as a result of our negligence we have no
responsibility (to the extent permitted by law) to
compensate you (whether or not we are negligent) for any
direct financial loss, loss of profit, revenue, time,
anticipated savings or profit or revenue, opportunity,
data, use, business, wasted expenditure, business
interruption, loss arising from disclosure of
confidential information, loss arising from or in
connection with use of the service or inability to use
or access the service or a failure, suspension or
withdrawal of all or part of the service at any time or
damage to physical property or for any other similar
direct loss that may arise in relation to this agreement
whether or not we were advised in advance of the
possibility of such loss or damage.
5.3 We agree that neither this agreement does not allow
either party to act as, or hold themselves out as,
acting as an agent of the other party and that that the
terms of this agreement are not enforceable by a third
party under the Contracts (Rights of Third Parties) Act
1999.
5.4 This agreement is governed by the law of England and
Wales and is subject to the non-exclusive jurisdiction
of the English courts.
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