1.2 The User’s registration for, access to and use of the Service is subject to these Terms.
1.3 By registering for, accessing and/or using the Service, the User agrees to be bound by these Terms.
1.4 The User should not register for, access and/or use the Service unless the User has read and agreed to these Terms.
2.1 The Service is intended to enable the User to access the Internet by using a Wi-Fi enabled device. DLRCC does not guarantee that the Service will be compatible with any User’s Wi-Fi device, equipment, communications network or software.
2.2 This is a free service
2.3 The User is responsible for ensuring that any equipment used by the User to access and/or use the Service is compatible for use with the Service and is used in accordance with any instructions, safety and security procedures applicable to that equipment, including ensuring that all such equipment is adequately protected against viruses and other files or programs that may damage or impair the User’s equipment. DLRCC has no responsibility for any such equipment.
2.4 The User accepts that the User is accessing the Service via an open network with no security protocols in place. The User accepts that DLRCC cannot guarantee the security of the Service against unlawful access or use. The User must make sure that the User has adequate security to prevent unlawful access to or use of the Service, access to the User’s computing equipment or disclosure of confidential information. The User accepts that DLRCC does not guarantee the integrity, authentication and/or confidentiality of any information, files and data (including credit card information) the User may wish to transmit over the Internet while using the Service or otherwise.
2.5 The User acknowledges that the Service may not be available at all times, including occasions when it is unavailable, e.g. to allow maintenance, upgrades and emergency repairs to take place, severe weather conditions, failure of telecommunications links and equipment whether beyond DLRCC’s control or otherwise. The service is only available in certain zoned areas. The User agrees that DLRCC shall not be liable to the User for any loss incurred by the User or any third party resulting from any unavailability of the Service.
2.6 The User acknowledges and agrees that DLRCC may, at any time, impose restrictions, general limits or thresholds concerning use of the Service.
3.1 During the process of registration to access and use the Service, the User will be required to provide certain information. All mandatory fields of registration must be completed by the User in order to proceed to use the Services.
3.2 The User must ensure that any information provided by the User as part of registering for, accessing and using the Service, including the completion of the registration, is true and accurate. The User is solely responsible for any and all use of the Service pursuant to the User’s application for registration.
4. Access to and use of the service
4.1 The User agrees:
4.1.1 to only access and use the Service as expressly permitted in these Terms;
4.1.2 neither to access nor use the Service for any illegal or unlawful purpose or for any purpose that is prohibited by these Terms;
4.1.3 To comply with all instructions and requests of DLRCC and any authorised authority in relation to the use of the Service and the investigation of any offences; and
4.1.4 To comply with all applicable laws and regulations, licences, codes of practice and usage policies of connected networks.
4.2 Without prejudice to the generality of Clause 4.1, the User also agrees that the User shall not use the Service (and shall not encourage, authorise, or permit any other party to use the Service):
4.2.1 to contravene applicable Irish or European law, statute, regulations or codes of practice;
4.2.2 to seek unauthorised access to DLRCC facilities, services or resources, or the facilities, services or resources of connected networks;
4.2.3 to upload material that reveals trade secrets, unless the User owns them or has the permission of the owner;
4.2.4 to upload material in violation of the laws of Ireland;
4.2.5 to create, host or transmit material (i) that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner, or (ii) that infringes any intellectual property or proprietary rights of others or on the privacy or publicity rights of others;
4.2.6 to upload material that is harmful, defamatory, tortious, threatening, obscene, harassing, abusive or designed to incite hatred, violence or discrimination or is otherwise objectionable or harmful to minors;
4.2.7 to impersonate another person or entity;
4.2.8 to jeopardise, disrupt or prejudice the operation, quality or integrity of the Service, or the operation, quality or integrity of any telecommunications network;
4.2.9 to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
4.2.10 for any direct marketing, surveys or contests, nor to send chain letters, junk email, spam, unsolicited messages, advertising or promotional material;
4.2.11 in a manner that constitutes commercial use of the Service or an act of reselling the Service or the making available of the Service to a third party without the prior written consent of DLRCC;
4.2.12 to use the Service for high volume data transfers or to host a server without the prior written permission of DLRCC;
4.2.13 to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
4.2.14 to attack the Service via a denial-of-service attack or interfere with the security of the Service.
4.3 DLRCC may terminate any User’s use of the Service at any time without notice or if there has been an extended period of inactivity after any User has logged on to the Service. DLRCC reserves the right to suspend the use of the Service generally or block any User’s access to the Service at any time or if DLRCC suspects misuse or breach of these Terms.
4.4 To the fullest extent permitted by applicable law, DLRCC is entitled to retain and/or disclose any information or content, including any User’s MAC address, any Content (as defined in Clause 7.1) , User Content (as defined in Clause 7.3) or account information in whole or in part, which is in DLRCC’s possession in connection with any User’s use of the Service to: (a) comply with applicable laws, regulations or requests of law enforcement agencies; (b) enforce these Terms; (c) respond to any claims that User Content violates these Terms or the rights of third parties; (d) to protect DLRCC’s rights, property or personal safety, those of other users of the Service or any third party; or (e) as DLRCC in its sole discretion believes to be necessary or appropriate. DLRCC reserves the right to report any misuse of the Service to the relevant enforcement or other authorities and to DLRCC’s legal advisers. DLRCC further reserves the right to disclose any evidence DLRCC has which relates directly or indirectly to misuse of the Service.
5.1 DLRCC may at any time, without notice to the User, modify, interrupt, suspend or terminate the Service, wholly or partially for any reason. DLRCC is not liable to the User or any third party for any direct, indirect or consequential loss arising out of any modification, interruption, suspension or termination of the Service.
6. Intellectual Property
6.1 The User acknowledges and agrees that DLRCC (or its licensors) own and shall retain all intellectual property rights subsisting in the Service whether registered or unregistered and nothing in these Terms gives the User any right or licence to use or reproduce any trade marks, logos, domain names or other brand names of DLRCC (or its licensors).
6.2 DLRCC is the owner of all data related to the Service which is collected through the provision of the Service.
7.1 DLRCC is not responsible for any third party information (such as data files, text, computer software, audio or audiovisual files, music, photographic or other images) (the “Content”) accessible, published or distributed through the Service and to the fullest extent permitted by law, DLRCC disclaims all liability in respect of such Content. Such Content is subject to third party intellectual property rights. The User may not use, reproduce, copy, modify, sell, exploit or distribute Content (either in whole or in part) unless the User is authorized to do so by the owners of the intellectual property in the Content.