TERMS OF SERVICE AND ACCEPTABLE USE

BY CLICKING ON "LOGIN or CONTINUE" ON THE SMITHFIELD PUBLIC SCHOOL WI-FI NETWORK'S PORTAL PAGE OR BY JOINING THE "GUEST or STAFF" WIRELESS NETWORK, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF SERVICE:

ACCESS TO THE SERVICE

Wi-Fi Service at SMITHFIELD SCHOOL DISTRICT ("SPS" or "The District") locations is a complementary Service for staff, students and other SPS guests and is completely at the discretion of Smithfield Public Schools (SPS).

By your use of the Service, you acknowledge that:

• The Service may not be uninterrupted or error-free;

• Adaptive Internet content filters are in place and may restrict some site access but are not guaranteed to filter all types of questionable content;

• SPS has made reasonable protection efforts; however, it is a public network and the District does not guarantee the security of the Service and unauthorized third parties may access your computer or files or otherwise monitor your connection;

• Services may require the use of your personal device for security authorizations, such as but not limited to multi-factor authentication for access to SPS devices, services and or third party tools sanctioned by SPS;

• The Service is provided "as is" and on an "as available" basis, without warranties of any kind, whatsoever, and you assume all risk associated with your activities conducted online through the Service, as well as all liability and damages incurred by yourself, Smithfield Public Schools, or a third party that arise or result from your online activities through the Service, whether known or unknown at the time of use;

• Access to the Service may be denied, blocked, suspended, or terminated by SPS at any time for any reason including, but not limited to, violation of these Terms of Service, actions that may lead to liability for the District, disruption of access to other guests or networks, and violation of applicable local, state, and, or federal laws or regulations.

• Use of the Service shall not be construed as creating a partnership, joint venture, agency relationship or franchise agreement between the SPS and any user of the Service.

• These Terms of Service shall be governed, interpreted and construed according to the laws of the State of Rhode Island;

• Service and resources are limited and shared by many clients, and in an effort to avoid performance problems and manage expenses, users may be prohibited from initiating activities that consume an unreasonable amount of those resources, e.g. downloading software, streaming movies and/or television shows; and

• To the extent allowed by applicable law, the District may monitor, access, and/or automatically collect information. By utilizing this service you specifically acknowledge that you waive any right or expectation to privacy regarding any data or personal information transmitted or received via the District’s Wi-Fi Service, network or other instrumentalities.

ACCEPTABLE USE OF THE SERVICE

Activities conducted online through the Service shall not violate any applicable law or regulation or the policies and rights of the Smithfield Public Schools or any third party. SPS will cooperate fully with law enforcement upon receipt of notice that use of the Service is in violation of applicable law. If you are unsure whether your use of the Service and activities conducted online may violate these Terms of Service, you are advised to cease the activity immediately.

Examples of prohibited activities include, but are not limited to:

1. Spamming and Invasion of Privacy

2. Intellectual Property Right Violations

3. Obscene or Indecent Speech or Materials

4. Defamatory or Abusive Language

5. Forging of Headers

6. Hacking, Scans, or other subversive Information Gathering Activity

7. Distribution of Internet Viruses, Trojans, or Other Destructive Activities

8. Facilitating a Violation of this Agreement of Use

9. Resale of the Service

10. Harassment

11. Export Control Violations

12. Violation of SPS Employee or Student conduct policies

13. Violation of SPS Acceptable Use Policy

14. Other Illegal Activities

INDEMNITY

You agree to indemnify and hold harmless SPS, its Hosts and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost or expense (including without limitation reasonable attorneys'fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Services, any actions taken by you in connection with your use of the Services, any violation of any third party's rights or a violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies SPS may assert under this Agreement or by law.

MODIFICATION OF THESE TERMS OF SERVICE

Smithfield Public Schools shall have the right at any time, and in its sole respective discretion, to change the Terms of Use, its terms of service, or require new terms, and to change or impose conditions on, or discontinue, any aspect or feature of the Site. Such changes shall be effective immediately upon posting of such addition, change, or deletion. You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time and to be aware of any such changes.

ENTIRE AGREEMENT

This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and SPS with respect to its subject matter and supersedes all prior writings and understandings. In the event of a conflict between these terms and any other agreement governing access to WiFi service, then this Agreement shall prevail.