AT&T Wi-Fi Terms of Service

These Terms of Service & Acceptable Use Policy (the “Terms”) govern your use of the AT&T Wi-Fi Services (“Service”) provided to you through premises operators pursuant to contracts with AT&T or delivered to you directly by AT&T. If you connect to the Service via one of AT&T's roaming partners, your use of the Service may also be governed by that provider's terms of service and acceptable use policy. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.

TERMS OF SERVICE

Description of the Service

The Service is provided by AT&T Wi-Fi Services, an affiliate of AT&T Corp. (“AT&T”). In order to provide the Service to Customers, AT&T contracts with owners and operators of popular establishments and businesses who purchase the Service to provide it to their employees, patrons, and invited guests at specific sites or locations (Locations). AT&T also offers the Service for the benefit of AT&T Mobility, AT&T DSL and U-verse subscribers for use in select public venues and for certain events, for example, in a city park or performance concert (“AT&T Hot Zones”). If you are an AT&T Mobility subscriber, the Service also recognizes Your Mobility Equipment and allows you to auto-authenticate at AT&T Wi-Fi Service Locations (“Auto Authentication”). Auto Authentication is available to you at no additional charge.

The Service is provided using an IEEE 802.11 standard. You must have a device that is compatible with the specific Wi-Fi equipment deployed at a location. AT&T generally does not support IEEE 802.11b or earlier Wi-Fi protocols. In some instances, the Service will provide you with access to the Internet via a wired Ethernet connection as part of a managed network (the “Wired Internet Service”). A common example of this type of connection will be in a hotel guest room. Use of the Wired Internet Service will require a compatible computer or device.

The Service is intended for the limited purpose of assisting with access to the public Internet for e-mail and web browsing, or other purposes consistent with these Terms.

Because the Internet consists of multiple interconnected networks and most Internet end points (e.g., websites and other content providers) are not directly connected to AT&T's network, AT&T must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, AT&T has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. AT&T does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent AT&T is unable to reach agreement on terms of interconnection or network expansion with these other networks it could affect your service, and for more information about how AT&T helps transmit information to points on the internet, how AT&T manages the network, broadband options, including different service capability and expected and actual speed ranges, device attachment rules, activities which may impair or degrade your internet experience and for additional information regarding network practices with respect to data usage caps, please see AT&T's Broadband Information Page.) AT&T therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.

Like the other networks that make up the Internet, AT&T's is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among AT&T's subscribers. AT&T manages this network for the benefit of all users based on a variety of factors, and its technical expertise.

Modifications to the Service / Updates to the Terms

AT&T reserves the right to, at any time and from time to time, modify, suspend, or discontinue, temporarily or permanently, any function or feature, or combination thereof, of the Service with or without notice. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

These Terms may be updated or changed from time to time. AT&T will provide notice of changes in the Terms in any manner acceptable by law, including by posting them to our website at http://www.att.com/legal/terms.wiFiServices.html. Your use of the Service, following updates or changes to these Terms, constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your use of the Service immediately.

Operational Limits of the Service

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities at each Location. There is no guarantee of bandwidth or connection speed at which you may access Internet. The term speed is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps).

Your connection speed may not be suitable for some applications, particularly those involving real-time or near real time, high-bandwidth uses such as video streaming or video conferencing. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T will not be liable for such interruptions. You further understand and agree that AT&T has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. AT&T will not be liable for any failure of performance, if such failure is due to any cause beyond AT&T's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by third parties, you or your equipment.

The Service is designed to provide you with the highest speed available from the network at any given point in time, subject to the many different factors discussed above that can affect network performance. The Service generally supports the IEEE 802.11n/ac standard, with some AT&T Locations also supporting the IEEE 802.11a/b/g standard. Although the IEEE 802.11 a/b/g/n/ac standards have theoretical maximum speeds ranging from over ten Mbps to over a gigabit per second, actual Wi-Fi speeds will be substantially lower than the theoretical maximum speeds which describe the physical throughput rate including Wi-Fi protocol communications; the result is that the theoretical maximum you can receive is 40%-50% of the quoted Wi-Fi standard speed. In addition to the factors discussed above, the actual speed you experience over Wi-Fi will depend in part on the speed of the connection between the Wi-Fi network you are accessing and the destination you want to reach on the Internet, which may be significantly below the theoretical maximum speed of the service.

Congestion Management

At some Locations, AT&T may configure the Wi-Fi network to set a consistent, maximum speed limit for Internet access for each End User at such Location; however no End User is guaranteed a certain speed. At other Locations, you may also have a choice of Internet speeds limits. Additionally, AT&T often implements a dynamic caching web proxy that stores popular HTTP content at the Location which minimizes bandwidth consumption thereby reducing congestion.

Shared Use of Wi-Fi Network Bandwidth

Wi-Fi networks are generally provided at a given site on behalf of the business owner or operator for the benefit of their patrons. It is common practice that the Internet connection is shared between both the business' patrons and the business' operational traffic. In some instances, business operational traffic may be prioritized to ensure critical communications, such as credit card processing, are not impacted by patron Internet usage. This prioritization may intermittently impact the speed available.

URL Filtering

The owner or operator of the Location may have implemented URL Filtering or other content filtering services which block access to certain websites or content while at the Location (“URL Filtering”). The owner or operator of the Location will determine which categories of websites and content which you will be able to access or those which are blocked. AT&T will not be liable to you for any acts, omissions, performance or non-performance related to the URL Filtering.

SECURITY WARNING

The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorized persons can access your phone, laptop or other device or your communications over the Wi-Fi network. You should take precautions to lower the security risks. If you have access to a virtual private network (VPN), AT&T recommends that you connect through it for increased security. AT&T also encourages you to observe standard security practices. You should ensure that computer hard drives are not shared; laptops have firewall protection; and security software is installed, functional and updated on your device. AT&T recommends that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect through known Wi-Fi hotspots. More information can be found on this AT&T support page.

Information/Password Security

All information that you provide to AT&T, including your name, email address, and physical address, all information that you provide to the owner of the Location, credit or charge card numbers and expiration dates and any Service payment information (“Registration Data”) must be accurate. You agree to keep confidential your log-in ID and password, if any, and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur during your use of the Service. You agree to immediately notify AT&T if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of the Service.

Prices/Payment

The price charged for the Service will vary by Location. Many Locations offer the Service as an ancillary benefit to their patrons at no or a nominal charge, while others chose to charge varying amounts. AT&T will present you with the charge, and you may choose whether to pay the charge or select not to use the Service. Additionally, the Location may choose to present you with the option to view an advertisement as an alternative to paying the Service charge.

If applicable, you agree to pay all charges and fees related to your use of the Service, including taxes, fees, surcharges or other assessments.

Third Party Content Disclaimer/ Links to Third Party Sites

Content provided by Third Party Providers (“Third Party Content”) has not been independently authenticated in whole or in part by AT&T. AT&T does not provide, sell, license, or lease any of the Third Party Content other than those specifically identified as being provided by AT&T. This Service may be linked to other websites which are not under the control of and are not maintained by AT&T. AT&T is not responsible for the content of those sites. AT&T is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement or support by AT&T of those sites.

Privacy Policy

Any data provided to or collected by AT&T in the performance of the Service, including data collected at a Location where AT&T contracts with the owners or operators to provide the Service, and data collected through End User Auto Authentication, is subject to the AT&T Privacy Policy located at www.att.com/privacy.

DATA COLLECTION

The following applies whenever you connect to or your device communicates with the Wi-Fi network, including by Auto-Authentication

DATA USE

Third-Party Networks

When you connect to the Service at a Location that is not owned or operated by AT&T, your service may connect over a network or network equipment that is not owned or operated by AT&T. In such case, your connection data, including your MAC address or IP address, may be visible to the network owner or operator. By connecting to the Service, you consent to the third-party access to this information. Information collected by third-party network operators is not subject to the AT&T Privacy Policy. AT&T is not responsible for such third party networks, and will not be liable to you for any acts, omissions, performance or non-performance related to the third party networks.

ACCEPTABLE USE POLICY

Use of the Service is subject to the terms and conditions of the AT&T Acceptable Use Policy available at http://www.att.com/aup (“AUP”).

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not AT&T or Third Party Providers, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED “AS IS” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE TO MAKE A REPRESENTATION OR WARRANTY ON AT&T'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF REPRESENTATION OR WARRANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.

Limitation of AT&T Liability

NEITHER AT&T NOR THE OWNER OR OPERATOR OF THE LOCATION WHERE YOU CONNECT WILL BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICE OR MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T OR THE OWNER OR OPERATOR OF THE LOCATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T'S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.

Indemnity

You agree to indemnify and hold harmless AT&T, the Location owner and/or operator, and their respective subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees of each from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) Materials you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of the AUP; (e) your violation of any rights of another; and (f) use of your account and any Sub-Account whether such usage is expressly authorized by you.

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOSS OF BUSINESS, LOST REVENUE, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.

Local Laws; Export Control

AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. This list is subject to change without further notice from AT&T, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General

This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms provide basic guidelines for your use of the Service, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern AT&T products or services that you use or that you have purchased. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.

DISPUTE RESOLUTION – BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.