Calgary Board of Education terms regarding acceptable use, security and risks of use.
Read carefully as these terms and conditions impose obligations and restrictions upon you.
The Calgary Board or Education (CBE) WiFi Service is an Internet access service which provides you with access to the Internet and CBE Networks via wireless access points (commonly referred to as "Wi-Fi" (the "Service"). These "Terms and Conditions" between you, and CBE set out duties and responsibilities associated with your use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, "you" means you and every person you authorize to use the Service. By accessing the Service, you agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. CBE may modify these Terms and Conditions at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. CBE will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the "Login" or "Intercept" page ("Login Page") that is presented to you when you first access the Service from a "Hotspot". You agree to periodically review the then-current Terms and Conditions in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions by CBE, you agree that you will be unable to use the Service.
You agree to indemnify and hold harmless CBE, its trustees, superintendents, employees, agents, consultants, students and suppliers (in each case, other than you) from all claims, actions, damages, losses, ("Losses") liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to CBE's then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose or for any purpose not otherwise permitted by these Terms and Conditions.
Acceptable Use Policy
You are responsible for your use of the Service. In regard to the Service, you shall not:
- use the Service if such use is for, or results in, any abusive, annoying or offensive activities, including, without limitation, commission or encouragement of an unlawful activity, spamming, bullying, advertising for bulk message transmission, disrupting or interfering with the Internet or any network, computers, or other devices, transmission of a virus or other harmful component;
- make defamatory, threatening, abusive, obscene, pornographic, harmful or invasive statements or violate any laws, including intellectual property or privacy laws, or carry out action that gives rise to civil or criminal liability;
- consume excessive network capacity, in CBE's reasonable opinion, or cause its network, or its ability to provide services to others, to be adversely affected;
- use the Service for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by CBE that uses excessive network capacity;
- use the Service to provide a substitute or back-up for private lines or dedicated data connections such as DSL or to operate any server system (including email, web, or other kind of server);
- use the Service to access any network or system without permission of the owner of the network or system; or
use the Service to threaten, abuse or harass any CBE trustee, employee, student, consultant, representative or other individual.
You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against CBE including fraudulently obtaining the Service, (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes the Service. You shall follow any service and security regulations issued or adopted by CBE related to the Service disclosed to you by CBE on the Login Page or otherwise set forth on CBE's website from time to time.
CBE reserves the right to limit or lockout your use should such use be in contravention of these Terms and Conditions. In addition, CBE reserves the right to limit or restrict your usage or the speeds at which you receive the Service at its discretion.
You may not hack, reverse engineer, disable, disrupt or interfere with the functioning of the Service.
Further terms of Service use and roles and responsibilities for CBE students are included but not limited to:
6031 | Safe and Secure School Environments
1062 | Responsible Use of Electronic Information Resources
Further terms of Service, policies and regulations, roles and responsibilities for CBE staff are included but not limited to:
1061 | Responsible Care and Security of Information
1062 | Responsible Use of Electronic Information Resources
4027 | Employee Code of Conduct
Further terms of Service, policies and regulations, roles and responsibilities for CBE guests are included but not limited to:
1062 | Responsible Use of Electronic Information Resources
The Service is only available where Wi-Fi hotspot facilities exist. CBE assumes no liability whatsoever for any Losses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of Wi-Fi hotspots.
CBE does not guarantee the performance of the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Service receive reasonable access to the Service.
Security and Privacy
You acknowledge that the Service may not be encrypted and may not be secure. There are potential risks when using the Service, including access by unauthorized third parties that may cause damage to your device and data. You are solely responsible for taking any security precautions you deem necessary to protect your device and data. CBE will not be responsible for any corrupted files or viruses that affect the user of the Service. It is your responsibility to safeguard your device and system through appropriate means (e.g. using commercially available software) from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your device and system may result in the immediate termination of your access to the Service. CBE does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and CBE shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure.
Service Bandwith Resale or Redistribution Prohibited
Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Service.
IP Address / Host Name
Any IP address assigned to you by CBE is the property of CBE at all times. IP addresses may change each time you access the Service or any time at the discretion of CBE without prior notice to you. CBE assumes no liability whatsoever for any Losses arising out of or otherwise relating to any change in IP addressing.
Your messages may be the subject to unauthorized third party interception and review. Individuals with Internet access or CBE's internal network usages can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. CBE has no obligation to monitor the Service but CBE reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or governmental request or as necessary to operate the Service or to protect itself or others. You also consent to our collection, use and disclosure of your name and content information to the extent CBE deems necessary or desirable to provide the Service to you and to track how and when the Service is used and to ensure your compliance herewith.
No Liability for Content
Be aware that some content, products or services ("Content") available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Service. You understand that CBE may not monitor any Content. You assume total responsibility and risk for access to or use of such Content and for use of the Service. CBE assumes no liability whatsoever for any Losses arising out of or otherwise relating to access to or use of such Content.
The Service is provided by CBE on an "as is" and "as available" basis without warranties or guarantees of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by CBE ("Third Party Equipment and Services"). CBE disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. CBE does not warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. CBE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR GUARANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Limitation of Liability
In the event of any breach by or through CBE, including any breach of a fundamental term of these Terms and Conditions, your exclusive remedy shall be to terminate your access to the Service. Other than the foregoing remedy, under no circumstances shall CBE be liable to you for: (i) any direct, indirect, special, or consequential Losses, including, without limitation, loss of profits and loss of business opportunities that result in any way from your use of the Service or access to the Internet, Content, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any Losses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.
These Terms and Conditions may be terminated by you by ceasing to utilize the Service. CBE may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached any of these Terms and Conditions; or (iii) for reasons beyond CBE's reasonable control. CBE shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination or suspension of your right to use and/or access the Service shall not relieve you from any liability accruing hereunder prior to the time that such termination or suspension becomes effective.
These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between CBE and you pertaining to the subject matter hereof and supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by CBE to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of same. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable law, the law shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein. CBE may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer your rights to the Service. In no event shall CBE be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of CBE, including, but not limited to, fire, flood, earthquake, elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure, or governmental action or change of laws.