By using Destiny USA’s free Wi-Fi High Speed Internet Service (“Destiny USA WiFi”), you agree to be bound by the following terms and conditions ("Destiny USA Terms of Service"), which are a binding agreement between you and the Company. You represent that you are of legal age to agree and be bound by this agreement.
Personal Use Only
You may use the service and technology provided to you by Destiny USA for the sole purpose of using the service and technology as described here. You must immediately notify us of any unauthorized use of Destiny USA Free WiFi or any other security breach. We will give you an IP address each time you access Destiny USA Free WiFi and it may change. You may not use Destiny USA Free WiFi for any other reason, including reselling any aspect of Destiny USA Free WiFi. Other examples of improper activities include, without limitation:
Modifying, adapting, translating, or reverse engineering any portion of Destiny USA Free WiFi
Attempting to break security, access, tamper with or use any unauthorized areas of Destiny USA Free WiFi
Attempting to collect or maintain any information about other users of Destiny USA Free WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes
Creating or transmitting unwanted electronic communications such as "spam," or bulk commercial messages to other users or otherwise interfering with other user's enjoyment of the service
Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity
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
Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This 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; or
Using Destiny USA Free WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose. We have the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property)
Changes In Destiny USA Terms of Service and Destiny USA Free WiFi; Termination
We may modify or terminate Destiny USA Free WiFi and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice. Please review these Destiny USA Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by Destiny USA to you shall terminate.
You understand that Destiny USA Free WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of Destiny USA Free WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of Destiny USA Free WiFi . For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by Destiny USA, you must provide all equipment, technology and software to use Destiny USA Free WiFi .
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. DESTINY USA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DESTINY USA DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER DESTINY USA OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL DESTINY USA'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF DESTINY USA IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. In addition, Destiny USA and its suppliers will not be responsible for any damages, losses, expenses or costs that Customer suffers AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF DESTINY USA, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to Customer's data, web-site, computers, or networks.
You agree to hold harmless and indemnify Destiny USA, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of Destiny USA Free WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Destiny USA will provide you with written notice of such claim, suit or action.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through Destiny USA Free WiFi, file a notice. To file a notice of copyright notice with us, please send a written communication by fax or regular mail. Provide information reasonably sufficient to permit Destiny USA to contact you (email address is preferred).
These Destiny USA Terms of Service will be governed by and construed in accordance with the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of Destiny USA Terms of Service to be unenforceable, the remainder of Destiny USA Terms of Service will continue in full force and effect.
Destiny USA’s Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Destiny USA Free WiFi . Any waiver of any provision of Destiny USA Terms of Service will be effective only if in writing and signed by Destiny USA.