Terms and Conditions
Welcome to Horicon Bank Wireless
TERMS, CONDITIONS AND NOTICES
Horicon Bank Terms of Use of Internet AGREEMENT BETWEEN CUSTOMER AND HORICON BANK. All references herein to "we" or "us" shall mean Horicon Bank. All references herein to "you", "your" or "customer" shall mean the Customer. The Service ("Service") consists of providing a wireless internet connection to you. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to the terms of the Agreement, do not use the Service. Your electronic acceptance at the bottom of this Agreement by clicking "I Accept" constitutes acceptance of the Agreement and shall have the same force and effect as if you had actually signed the Agreement.
SECURITY OF YOUR ACCESS AND USE
Due to the nature of wireless internet access networks, control of physical access to the network cannot be ensured. In the case of wireless networks, unlike a wired network where a physical connection is required, anyone within range of a wireless access point can conceivably send and receive frames as well as listen for other frames being sent, making eavesdropping and remote sniffing of wireless frames very easy. In addition, under certain circumstances, third parties could access your computer without your permission while it is connected to the network. By using the Service, you acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Service. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses or other programs that can corrupt or damage your computer. ACCORDINGLY, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, COMPUTER WORMS OR VIRUSES, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO YOUR COMPUTER OR OTHERS THAT RESULTS FROM YOUR USE OF THE SERVICE. Availability and performance of the Service is subject to all memory, storage and other limitations of your computer. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data messages or pages lost, not delivered, delayed or misdirected because of performance issues with the Service or communications services or networks. We may suspend Service or block certain kinds of usage in our discretion to protect users or our business. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. You are encouraged to not use the Service to conduct banking transactions with us or any other financial institution because of these security issues.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Service is for your personal, noncommercial use and enjoyment. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services through the Service. You agree to supervise all usage of this Service by minors for whom you are responsible. You agree not to use or attempt to use the Service for any fraudulent, unlawful or harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities or other customers.
CONTENT DISCLAIMER: CAUTIONS AND RESTRICTIONS
We do not control, nor are we responsible or liable for, data, content, service or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions, or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. You are responsible for paying all fees and charges of third-party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to a third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your computer or otherwise enable any software, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
PRIVACY AND SECURITY
Privacy cannot be guaranteed for wireless systems and we are not liable to you or any other party for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide account or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). You acknowledge that the Service is not inherently secure and that communications can be intercepted by equipment and software designed 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 the Service or your computer. We strongly encourage certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but are not responsible to provide these to customers and are not responsible for their effectiveness. You agree to immediately notify us of any unauthorized use of your account or other security breach. If you are roaming on another network, we cannot guarantee the security of such network, the privacy of your data or the ability of your solution to work on such network. TRADEMARK NOTICES Horicon Bank is a trade name. Trademarks owned by Horicon Bank may not be used or displayed publicly without the prior written permission of the owner of the marks.
DIGITAL MILLENNIUM COPYRIGHT ACT
In operating the Service, we may act as a "services provider" (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content. Our designated agent (the proper party for notice) to whom you should address infringement notices under the DMCA is Help Desk, Horicon Bank, 326 East Lake St., Horicon, WI, 53032.
LIABILITY DISCLAIMER AND INDEMNIFICATION
THE SERVICE IS PROVIDED "AS IS, AS AVAILABLE AND WITH ALL FAULTS" AND WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ACCESSIBLE HEREBY OR SECURITY OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. We shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR COMPUTER, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. You agree to defend, indemnify and hold us harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or your violation of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
GENERAL
Any claim relating to this Agreement or the Service shall by governed by the internal laws of the State of Wisconsin. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements.