Cal-Am Properties, Inc.,
Internet Service Agreement and Acceptable Use Policy
Cal-Am Properties, Inc. (“Cal-Am”) offers free wireless internet service (the “Internet Service”) to residents of Valle Del Oro RV Resort (the “Resort”). Any individual connected to the Internet Service directly or indirectly must comply with this policy and with the stated purposes and any Acceptable Use Policies of any other network(s) or host(s) used, and all applicable laws, rules, and regulations. Cal-Am and the Resort have and accept NO obligation to monitor your use of the Internet Service or to edit or censor content transmitted through the Internet Service. Your use of the Internet Service, however, is conditioned on your legal and appropriate use of said Internet Service, which must also be in compliance with this Agreement and Acceptable Use Policy. By using the Internet Service, you agree to all terms and conditions set forth herein.
Cal-Am and the Resort make no representations or warranties concerning the availability, quality, or security of the Internet Service, and all use is provided on an “as is” basis. Cal-Am and the Resort do not warrant uninterrupted use of Internet Service, nor do they warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks, or other harmful components, even if countermeasures have been taken. Cal-Am and the Resort do not guarantee or warrant that any files or data that Resident sends or receives via the Internet Service will be transmitted in an uncorrupted form, or within a reasonable time, or free from unauthorized access by others. Cal-Am and the Resort do not guarantee or warrant that other users will be unable to gain access to Resident’s computer or other device, including but not limited to through incidents of file sharing, print sharing, or use of other means that enable internet users to gain access to Resident’s equipment or to monitor Resident’s activity and conduct while using the Internet Service.
Neither Cal-Am nor the Resort guarantees that any particular amount of bandwidth or that any speed or throughput of Resident’s connection to the Internet Service will be available. The speed of the Internet Service provided will vary depending upon a number of factors, including but not limited to Resident’s computer system(s) and related equipment (i.e., Resident-sourced WiFi routers/access points, etc.), internet traffic, and other factors including but not limited to system capacity limitations, governmental actions, weather, events beyond our control, and system failures, modifications, upgrades, and repairs. Cal-Am and the Resort do not guarantee the availability of Internet Service at any time.
When using the Internet Service to access the Internet, certain risks may enable other users to gain access to or use of Resident’s computer, device, or other equipment. The Resort’s Internet Service is not secure. Information sent to and from your computer or other wireless device may be captured by anyone else with a wireless device and the appropriate software. It is strongly recommended that Resident take—and Resident is responsible for taking—all possible appropriate security measures when using the Internet Service. Resident assumes sole responsibility for Resident’s equipment used in conjunction with the Internet Service and for providing and configuring any security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items, and Resident, not Cal-Am or the Resort, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. Cal-Am and the Resort do not warrant that others will be unable to gain access to Resident’s computer(s) and/or data even if Resident utilizes blocking and filtering technologies, nor do we warrant that the data or files will be free from computer viruses or other harmful components.
Cal-Am and the Resort shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identity theft, for any TV, monitor or screen burn-in, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. Cal-Am and the Resort shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or any damage or injury in any way related to the provision of the Internet Service.
Resident agrees that Cal-Am and/or the Resort may block traffic to and from any source, including but not limited to the deletion of any electronic mail, as Cal-Am and/or the Resort deem necessary in their sole discretion to secure the network and/or to eliminate viruses and spam. We may take other actions to manage or protect our network or to benefit the greatest number of our Residents. We may take these actions, with or without notice, in situations where we believe that a Resident may harm our network or disrupt the performance of the Internet Service for other Residents, and/or in any situation where in our sole discretion we believe such action is warranted.
The Resort reserves the right to disconnect any user at any time and for any reason, including but not limited to inappropriate use or use in violation of this Internet Service Agreement and Acceptable Use Policy. The Resort Internet Service is provided as a courtesy to allow Resort residents and guests access to the internet. Inappropriate use of the Resort’s Internet Service is not permitted. This policy does not enumerate all possible inappropriate uses but rather presents some guidelines (listed below) and examples of inappropriate use that the Resort may at any time use to make a determination that a particular use is inappropriate:
• Users must respect the privacy and intellectual property rights of others;
• Users must comply with all federal, state, county, and local laws;
• Users must respect the integrity of our network and any other public or private computing and network systems;
• Use of the Resort Internet Service for malicious, fraudulent, or misrepresentative purposes is prohibited;
• The Resort Internet Service may not be used in a manner that precludes or hinders other users’ access to the Resort Internet Service or any other networks.
Further, nothing may be installed or used that modifies, disrupts, or interferes in any way with service for any user, host, or network. The following are strictly prohibited:
• Spamming and/or invasion of privacy;
• Sending of unsolicited bulk and/or commercial messages;
• Any intellectual property right violations (engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to
patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party). This includes but is not limited to digitization or downloading of
music, movies, photographs, or other copyrighted materials or software;
• The solicitation of sex with minors or any use in connection with child pornography (the Resort will notify and fully cooperate with law enforcement if it becomes aware of the use of
its Internet Service in connection with child pornography or the solicitation of sex with minors);
• Defamatory or abusive language or harassment;
• Hacking;
• Distribution of internet viruses, Trojan horses, or other destructive activities;
• Any other illegal activities.
Resident agrees to indemnify and hold harmless Cal-Am, its parents, subsidiaries, members, affiliates, officers, agents, and employees, and the Resort and its parents, subsidiaries, members, affiliates, officers, agents, and employees from any claims brought against Cal-Am and/or the Resort related to Resident’s use of the Internet Service or the violation of this Internet Service Agreement and Acceptable Use Policy, including but not limited to claims that Resident’s use of the Internet Service infringed on the patent, copyright, trademark, or other intellectual property rights of any third party.
Resident hereby releases and holds harmless Cal-Am, its parents, subsidiaries, members, affiliates, officers, agents, and employees, and the Resort and its parents, subsidiaries, members, affiliates, officers, agents, and employees from any and all claims and causes of action related in any way to Resident’s use of the Internet Service. Neither Cal-Am nor the Resort shall be liable for any failure of performance or equipment for any reason, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over us, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority.
Resident(s) has reviewed and agrees to this Internet Service Agreement and Acceptable Use Policy. Resident(s) further understands that access to the Resort’s Internet Service may be discontinued for any reason, including but not limited to for violation of this Internet Service Agreement and Acceptable Use Policy.
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