Wi-Fi Terms of Service
1. General The New York City Transit Authority (“NYCTA”) is providing Wi-Fi service on certain buses as part of a temporary pilot program. The service provides you with access to the Internet via wireless access points (each a “Hotspot”) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi” (the “Service’). The Service is provided as a free amenity to NYCTA customers for entertainment and educational purposes and is not intended to be a designated public forum. For these Terms of Service, “you” means you and every person you authorize to use the Service. These “Terms of Service” between you and NYCTA establish duties and responsibilities for use of this Service. You are solely responsible for access and use of the Service including any breach of these Terms of Service by you or users of your device. NYCTA may modify these Terms of Service without your consent or authorization, including modification or termination of the Service, or any components thereof. NYCTA will notify you of changes to Terms of Service by posting a notice on the “Login” or “Intercept” page presented on first access of the Service. You agree be aware of modifications to these Terms of Service, and your continued use of the Service indicates their acceptance. By accessing the Service, you agree to these Terms of Service. If you do not agree to them, you will be unable to use the Service. 2. Indemnity NYCTA (including its affiliates, agents, and suppliers) is indemnified from all liabilities and expenses related to any violation of these Terms of Service. 3. Acceptable Use Policy You are responsible for use of the Service. You shall not use the Service if such use:
1. General
The New York City Transit Authority (“NYCTA”) is providing Wi-Fi service on certain buses as part of a temporary pilot program. The service provides you with access to the Internet via wireless access points (each a “Hotspot”) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi” (the “Service’). The Service is provided as a free amenity to NYCTA customers for entertainment and educational purposes and is not intended to be a designated public forum.
For these Terms of Service, “you” means you and every person you authorize to use the Service. These “Terms of Service” between you and NYCTA establish duties and responsibilities for use of this Service. You are solely responsible for access and use of the Service including any breach of these Terms of Service by you or users of your device.
NYCTA may modify these Terms of Service without your consent or authorization, including modification or termination of the Service, or any components thereof. NYCTA will notify you of changes to Terms of Service by posting a notice on the “Login” or “Intercept” page presented on first access of the Service. You agree be aware of modifications to these Terms of Service, and your continued use of the Service indicates their acceptance.
By accessing the Service, you agree to these Terms of Service. If you do not agree to them, you will be unable to use the Service.
2. Indemnity
NYCTA (including its affiliates, agents, and suppliers) is indemnified from all liabilities and expenses related to any violation of these Terms of Service.
3. Acceptable Use Policy
You are responsible for use of the Service. You shall not use the Service if such use:
is for, or results in, activities that are illegal, abusive, annoying or offensive, including making available offensive content, commissioning or encouraging criminal offence, stalking, harassing, spamming, disrupting or interfering with the Internet, any network, computers, or devices, transmitting viruses or harmful components, defamation, intellectual property infringement, or interfering with clients’ service;
constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability;
abuses the Service or is a commitment or attempted commitment of fraud against NYCTA;
transforms outbound communications into incoming communications or otherwise attempts to avoid applicable charges;
is not lawful or does not comply with NYCTA’s security policies and policies to not restrict or inhibit other users from using the Service;
is for reselling, transferring, distributing, sharing or exploiting for commercial purposes the Service or any aspect of the Service;
consumes excessive network capacity, adversely affects the network, or limits its ability to provide service;
is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by NYCTA which uses excessive network capacity;
is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; or
is to operate any server system (including email, web, or other kind of server).
NYCTA reserves the right to limit or lockout your use should it be in contravention of these Terms of Service, and reserves the right to limit or restrict your usage or Service speeds.
4. Service Availability
NYCTA’s Wi-Fi network relies on bandwidth from cellular carriers with towers in New York City. Available bandwidth may vary throughout the city, and Service is only available at Hotspots where sufficient bandwidth is available. NYCTA does not guarantee Service availability, and NYCTA assumes no liability for any claims, damages, losses or expenses arising from unavailable Service.
5. Performance Levels
NYCTA does not guarantee Service performance, and content accessible through the Service may be subject to network management to ensure all users receive reasonable access.
6. Security and Privacy
NYCTA is not responsible for corrupted files or viruses which affect the Service. It is your responsibility to safeguard your system (e.g. using commercially available software) from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to secure your system may result in immediate termination of your Service. NYCTA does not ensure or guarantee users' privacy. Any use of Service shall be at your sole risk, and NYCTA, its affiliates, and agents shall not be liable in connection therewith. Hotspots have additional security risks compared with wired Internet connections because access to compatible devices is possible without a physical connection. Hotspots also do not provide encryption (e.g. WEP, WPA, or other encryption and authentication mechanisms). Therefore, NYCTA strongly recommends (and it is your responsibility to) you secure your device. NYCTA has no obligation to monitor Service, however NYCTA reserves the right to monitor it electronically and disclose information to satisfy laws, regulations, or governmental requests or to operate the Service or protect itself or others.
7. Service Bandwidth Resale or Redistribution Prohibited
Resale or redistribution of bandwidth or any other part of the Service is strictly forbidden, and violation of this condition will result in immediate cancellation of access to the Services.
8. IP Address / Host Name
IP addresses are property of NYCTA at all times, and may change each time you access a Hotspot, or any time without prior notice to you. NYCTA assumes no liability for claims, damages, losses or expenses arising from any change in IP Addressing.
9. User Information
An individual with Internet access can cause damage, incur expenses, and enter into contractual obligations while on the Internet; all such matters are your responsibility.
• No Liability for Content
You assume total responsibility and risk for using content, products, or services (“Content”) on the Internet. NYCTA and its affiliates assume no liability for claims or losses arising from access to Content.
• Limited Warranty
NYCTA provides the Service “as is” and “as available” without warranties or conditions. You are responsible for the use and compatibility with equipment, software, services and/or other materials not provided by NYCTA (“Third Party Equipment and Services”). NYCTA disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services.
Neither NYCTA, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service provided under these Terms of Service. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms of Service is with you.
YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
• Limitation of Liability
NYCTA, its affiliates, and agents shall not be liable for: (i) direct, indirect, special, or consequential damages, including without limitation loss of profits and loss of business opportunities due to these Terms of Service, including your use of the Service or access to the Internet, Content, or any part thereof, or your reliance on or use of information, services or merchandise provided by the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) losses or expenses (including legal fees) arising from allegation, claim, suit or other proceeding based on a contention that use of Service by you or a third party through your account infringes the intellectual property rights or contractual rights of third party.
• User Suspension
NYCTA may suspend or restrict Service at any time. NYCTA shall have no responsibility to notify third party providers of services, merchandise or information of such suspension or termination. Any termination of Service and/or these Terms of Service shall not relieve you from liability accruing hereunder prior to the time that such termination becomes effective.
• Miscellaneous
Failure by NYCTA to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If any of the provisions are determined to be void, invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein the Terms of Service. These Terms of Service shall be governed by and construed in accordance with New York state and US Federal laws. NYCTA may assign its rights and obligations under these Terms of Service to any affiliated entity without prior written consent.