NCK Tech’s – Wireless Network Use Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING EITHER NCK TECH’S “Campus” OR
“Campus Guests” WIRELESS NETWORKS

Welcome to NCK Tech’s wireless networks. The terms and conditions of this agreement “Agreement” shall govern the relationship between (you) the “end user” and (NCK Tech) the “College”. By requesting access to or making use of NCK Tech’s wireless networks, the end user agrees to be bound by this Agreement and to use NCK Tech’s wireless networks in compliance with this Agreement.

Fee for NCK Tech’s (Campus) or (Campus Guests) Wireless Networks

The NCK Tech (Campus) and (Campus Guests) wireless networks are available free of charge for our staff, students and visitors convenience and are to be used solely at the end users risk and responsibility without guarantee of service, security or support.

Disclaimer:

Under no circumstances will the college guarantee service, privacy or security of your data or any other communications while using the (Campus) or (Campus Guests) wireless network.

All NCK Tech (Campus) or (Campus Guests) wireless networks are available to the employees, students and visitors of NCK Tech and should not be considered secure.

Anyone connecting to an NCK Tech (Campus) or (Campus Guests) wireless network must be at least 18 years of age, or have a parents or legal guardian’s permission.

Under no circumstances shall NCK Tech be held liable for any direct, indirect, incidental, punitive, legal or consequential damages that result from an employees, students or visitors actions while connected to either the (Campus) or (Campus Guests) wireless networks. All end users connected to any NCK Tech (Campus) or (Campus Guests) wireless network is solely responsible for their own actions and any resulting legal consequences.

All NCK Tech (Campus) or (Campus Guests) wireless networks may be subject to monitoring, with cause, for security, legal, or troubleshooting purposes. This may include monitoring for bandwidth usage, security related incidents, or a request from legal/law enforcement authorities. In addition, the Information Technology office reserves the right to scan the network to assist in identifying and protecting against exploitable security vulnerabilities (e.g., viruses or worms) in efforts to preserve network integrity. Information gathered in such scans will be used only for the explicit purpose of monitoring network security.

Monitoring the Services:

The College has no obligation to monitor any of the NCK Tech wireless networks, but may do so and disclose information regarding use of NCK Tech wireless networks for any reason if the College, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate NCK Tech wireless networks properly; or protect itself and its End Users. Likewise, the College reserves the right to cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. NCK Tech wireless networks are provided as is; without guarantee of service or support. The college cannot and will not guarantee the privacy or security of your data or communications while using any NCK Tech wireless networks.

Security:

Wireless systems, such as NCK Tech wireless networks, use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed. The College is not liable to the End User or any other party for any lack or invasion of privacy that may occur or be experienced while using NCK Tech wireless networks. The End User acknowledges that NCK Tech wireless networks are not inherently secure and that all wireless communications can be intercepted by equipment and software designed for that purpose. The End User further acknowledges that they are responsible for taking such precautions and providing such security measures best suited for the End User’s situation and intended use of NCK Tech wireless networks. The End User agrees to and hereby assumes all risks (including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses) arising from, connected to or resulting from the End User’s use of NCK Tech wireless networks.

Warranties and Limitation of Liability:

I. Service provided “AS IS” basis. NCK Tech wireless networks provides access to the Internet on an “AS IS” basis with all risks inherent in such access. NCK Tech the provider of NCK Tech wireless networks makes no warranty that NCK Tech wireless networks or that any information, software, or other material accessible from using NCK Tech wireless networks is free of viruses, worms, Trojan horses, spyware or other harmful components. The End User expressly acknowledges that there are risks, and assumes all responsibility related to, the security, privacy and confidentiality risks inherent in wireless communications and technology. The college does not make any assurances or warranties relating to such risks. By connecting, the End User acknowledges and accepts the risks associated with public access to the Internet and public use of these free NCK Tech wireless networks.

II. Service provided “AS AVAILABLE”. NCK Tech wireless networks are provided as an “AS AVAILABLE” basis without warranties of any kind, either express or implied, that this service will be uninterrupted or error-free, including but not limited to vagaries of weather, disruption of service, acts of God, warranties of title, non-infringement, NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by the college, affiliates, or employees of NCK Tech the provider of NCK Tech wireless networks shall create such a warranty.

III. Indemnity. Under no circumstances shall NCK Tech the provider of NCK Tech wireless networks, or affiliates, agents, or employees thereof, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the End User’s use of or inability to use NCK Tech wireless networks or to access the Internet or any part thereof, or the End User’s reliance on or use of information, services or merchandise provided on or through this service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. The End User agrees to indemnify and hold harmless NCK Tech the provider of NCK Tech wireless networks, including affiliates, agents, and employees thereof, from any claim, liability, illegal activity, legal actions, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of NCK Tech wireless networks, any materials downloaded or uploaded through NCK Tech wireless networks, any actions taken by you in connection with your use of NCK Tech wireless networks, any violations of any third party’s rights, or any violations of law, copyright or regulation, or any breach of this agreement.
Except for certain services specifically identified as being offered by the college, the college does not control any materials, products or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to end users. The college has no control over and accepts no responsibility for such materials. The End User assumes full responsibility and risk for the use of NCK Tech wireless networks and the Internet and is solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability of all merchandise provided through NCK Tech wireless networks or the Internet.

Terms for Use of Service:

Wi-Fi (Wireless Fidelity) lets you access the Internet without any networking cables or wires. Any NCK Tech student or guest with a wireless (n) networking card that is capable of WPA/WPA2 encryption in a privately owned laptop, tablet or other Wi-Fi enabled device, may go online in any building on either campus when within range of one of these NCK Tech wireless networks. As the configuration of each manufacturer’s device is unique, please refer to your documentation for connection instructions.
NOTE: The College’s employees are not required nor are they responsible for assisting you in making any changes to your devices.

NCK Tech wireless networks are intended for NCK Tech staff, students and visitors use and are not be used for business or for profit processes. The College is not responsible for any impact to or interruption of services resulting from the use of NCK Tech wireless networks.

The End User agrees not to use or attempt to use NCK Tech wireless networks for any fraudulent, unlawful, harassing, or abusive purpose or so as to damage or cause risk to the College, its business, reputation, employees, other Users, equipment or any third person. Improper uses specifically include (but are not limited to):

1.  violating any applicable International, federal, state, or local law or regulation

2.  posting or transmitting content User does not have the right to post or transmit;

3.  posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right;

4.  posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in the College’s sole discretion;

5.  attempting to intercept, collect or store data about third parties without their knowledge or consent;

6.  accessing, tampering with or using non-public areas of NCK Tech wireless network;

7.  attempting to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures;

8.  sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes,” “spam,” “chain mail” or “junk mail”;

9.  impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

10. forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through NCK Tech wireless network;

11. transmitting any material that contains software viruses or any other “mal-code” designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

12. interfering with or disrupting the forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through NCK Tech wireless network; or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to NCK Tech wireless network;

13. using NCK Tech wireless network for high volume data transfers, especially sustained high volume data transfers, hosting a web server, E-Commerce server, FTP server, IRC server, gaming server or any other server;

14. using NCK Tech wireless network for voice content related services including, without limitation, chat lines.

15. using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it;

16. reselling NCK Tech wireless network access.

In the event that the End User violates this acceptable use policy, the College may take any one or more of the following actions, or other actions not listed, at the College’s sole discretion: (1) issue warnings: written or verbal; (2) temporarily suspend the End User’s access to the System; (3) permanently terminate the End User’s access to the System; and/or (4) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Access Limitations:

It is not the intent of the College to allow unlimited access to the entire Internet, nor is it the intent of the College to create a traditional or limited public forum (i.e., a free speech arena). Therefore, in providing NCK Tech wireless networks the College may restrict access to certain sites and communication protocols found to be malicious and inappropriate or terminate the End User’s access to this Service if the End User uses it to access pornographic, adult-oriented, hate or spyware matter, peer-to-peer file sharing, or websites. The End User agrees and acknowledges NCK Tech wireless networks provides only limited access to the Internet. The End User agrees to waive any claims, including, but not limited to, First Amendment claims that may arise from College’s decision to block access to pornographic, adult-oriented, hate or spyware matter, peer-to-peer file sharing and websites through NCK Tech wireless networks. The End User also agrees not to use NCK Tech wireless networks in any unauthorized manner to download any copyrighted material, whether in audio, video, photographic, textual or any other format, nor to download any pornographic, adult-oriented, hate or spyware matter, whether in audio, video, photographic, textual or any other format.

Indemnity:

The End User agrees to defend, indemnify, and hold the College harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of the End User’s use of NCK Tech wireless networks or of any violation by the End User of this Agreement. The End User further agrees to pay College’s reasonable attorneys’ fees, experts’ fees and other costs in any action or claim under this Agreement.

The (Campus) and (Campus Guests) wireless networks are provided as is; without guarantee of service or support. Under NO circumstances will the college guarantee service, privacy or security of your data or communications while using the (Campus) or (Campus Guests) wireless networks.

Modifications:

The College may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon the date of posting. The End User agrees to review the terms and conditions prior to each use of NCK Tech wireless networks to maintain awareness of any modifications. By continuing to use NCK Tech wireless networks after such postings, the End User agrees to accept and agree to any and all such modifications.

Severability:

If any provision of these terms and conditions are held to be unenforceable, such holding will not affect the validity of any of the other provisions of these terms and conditions.

If you do not agree to the terms and conditions of this Agreement, you may not use NCK Tech’s wireless networks to access the Internet.

End Users Acknowledgement:

By accessing and using this wireless network, you acknowledge that you agree with this Terms of Use Agreement.

(1) You are of legal age (18+) and that you have read and understood this agreement.
(2) You agree not to use this wireless network for any purpose that is unlawful, fraudulent, harassing, harmful to others, illegal activity or for any for profit activities; and that you are legally and solely responsible for your actions while using this wireless network.
(3) End users are not permitted to use any hardware or software (apps) that interfere with the wireless networks in any manner. Violator’s devices will be permanently blacklisted from connecting to any college wireless networks.
(4) You agree this wireless network is provided “as is” without warranties of any kind, either expressed or implied and is to be used solely at your own risk and responsibility without guarantee of service, security or support.
(5) You agree this wireless network provided by NCK Tech is for your convenience and its operation and availability is completely at their discretion. Access to the network may be blocked, suspended, or terminated at any time for any misuse or violations of this agreement or any other policies at NCK Tech.

* NCK Tech reserves the right to modify this Agreement at any time, and each such modification shall be effective upon posting.

* PLEASE – Shutdown all smartphone hotspots while on-campus!

Wi-Fi may feel like magic, but it is not magic – it’s radio waves. A variety of things can interfere with these radio waves, making your wireless connection weaker and much less reliable.To improve your wireless network’s signal, position your device properly — eliminate obstructions and reduce interference from other wireless networks. The more wireless networks around you, the less relible all those wireless networks become, slowing down all network traffic because they all interfere with each other and you.