Effective Date: 9th April 2024
Rose & Crown (Holbeach) Ltd provides free wireless Internet access (the/this service) for guests and visitors. Your access to this service is completely at the discretion of Rose & Crown (Holbeach) Ltd, and your access to this services may be blocked, suspended or terminated at any time for any reason, but not limited to violation of these terms and conditions, disruption of access to other users or networks, and violation of applicable laws or regulations. You may only use this service if you agree to these terms and conditions each time you access the service.
Rose & Crown (Holbeach) Ltd reserves the right at all times to withdraw the service, change the specifications or manner of use of the service, to change access codes, usernames, passwords or other security information necessary to access the service.
Disclaimer
The service provided is an open network provided for your convenience and its use is at your own risk. It is available to the general public and is not inherently secure. Rose & Crown (Holbeach) Ltd cannot and does not guarantee the privacy of your data and communication while using this service.
There are potentially serious security issues with any computer connected to the Internet without the appropriate protection, ranging from viruses, worms and other programs that can damage the user’s computer, to attacks on the computer by unauthorized or unwanted third parties. By using this service, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet over an unsecured network. It is recommended that users take steps to protect their own computer system, such as installing current anti-virus software and maintaining appropriate firewall protection.
You acknowledge that:
- the service may not be uninterrupted or error-free;
- that your device may be exposed to viruses or other harmful applications through the service;
- Rose & Crown (Holbeach) Ltd does not guarantee the security of the service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
- Rose & Crown (Holbeach) Ltd’s ability to provide the service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;
- Rose & Crown (Holbeach) Ltd can at any point block access to Internet Services that they deem violate the acceptable terms of use of the service;
- Rose & Crown (Holbeach) Ltd can limit the available bandwidth of the service.
Acceptable Use of the Service
Access
The service and any products or services provided on or in connection with the service are provided on an “as is”, “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by Rose & Crown (Holbeach) Ltd, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
You must not use the service to access Internet Services, which:
- constitutes or is capable of constituting commercial activity. The service is only intended for guest use only;
- are defamatory, threatening, intimidating or which could be classed as harassment;
- contain obscene, profane or abusive language or material;
- contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- contain material that infringes a third party’s rights (including intellectual property rights);
- in Rose & Crown (Holbeach) Ltd’s reasonable opinion may adversely affect the manner in which Rose & Crown (Holbeach) Ltd carries out its work;
- are bulk and/or commercial messages;
- contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
- constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any country throughout the world;
- are activities that invade another’s privacy; or
- are otherwise unlawful or inappropriate.
You must not use the service to access 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.
You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
You agree and acknowledge that we will monitor your activity, including, but not limited to deep packet inspection, while you use this service and keep a log of the Internet Protocol (“IP”) addresses and Media Access Control (“MAC”) address of any devices which access the service, the times when they have accessed the service and the activity associated with that IP address and MAC address..
You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have, and are entitled to provide by law, to law enforcement authorities or rights-holders.
Liability
Under no circumstances will Rose & Crown (Holbeach) Ltd, its suppliers or licensors, or its respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the Guest or its appointees (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
You agree to indemnify and hold harmless Rose & Crown (Holbeach) Ltd and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable legal fees) arising out of or related to your use of the service, any materials downloaded or uploaded through the service, any actions taken by you in connection with your use of the service, any violation of any third party’s rights or an 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 that Rose & Crown (Holbeach) Ltd may assert under these terms and conditions or by law.