The Philly Community Wireless Project, a fiscally sponsored project of the Movement Alliance Project (“PCWP”) and its backhaul provider, PhillyWisper (“PW”), support net neutrality and a free and open Internet without throttling, zero-rating, or tracking people’s usage for money, advertising, or other forms of consideration. For this reason, PCWP, with PW’s support, provides access to a wireless Internet connection free of charge to residents of Philadelphia while they are within range of our network (the “Service”). Because access to the Internet should be a human right enjoyed by all, PCWP will never require means testing or ask anyone to prove their need.
The Service is intended to provide access to the public Internet, including for e-mail and web browsing.
PCWP makes no performance guarantees for the Service, which is a pilot project using an experimental network infrastructure. Because the number of people using this free Service may vary significantly from minute-to-minute, the broadband speeds available while using the Service may fluctuate significantly.
In return for providing this Service at no charge, we ask only that you be a good neighbor while using the Service so that as many people as possible can enjoy it. Being a good neighbor means understanding and complying with these Terms of Service and Acceptable Use Policy (the “Policy”), govern your use of and access to the Service. Your use of the Service represents your agreement to the then-current Policy. If you do not understand and agree to this Policy, do not use the Service. Please let us know if you have any questions by emailing email@example.com.
The Service provides unsecured network and, as such, poses a risk that unauthorized persons can access your phone, laptop or other device or your communications over the network. PCWP recommends that you avoid transmitting or accessing sensitive personal information while using the Service.
By using the Service, you acknowledge and agree that (i) you are responsible for the security of your system and any transmissions you make or receive; and (ii) you understand the risks of unencrypted access to the Internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting your system with a firewall and robust user authentication.
You agree that you will not engage in any activities while using the Service that introduce viruses, Trojan horses, worms, time bombs, cancelbots, other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create any liability for PCWP or cause it to lose (in whole or in part) the services of our suppliers or donors; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); be defamatory, trade libelous, unlawfully threatening or harassing; be obscene or contain child pornography; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; or involve any attempt to access any data or system which you are not authorized to access.
Recipients of donated mesh network equipment are free to use the equipment to connect with whichever networks they prefer, including the network of Internet service providers. PCWP and PW are not responsible for terms of service violations if an Internet service provider does not permit connections to be shared.
PCWP routinely monitors and logs activity over the Service for security, performance, and other purposes. You acknowledge and agree that PCWP may access, monitor, and audit any such data or information for the purpose of improving the Service.
Modifications to the Service / Updates to the Policy
PCWP reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. PCWP also reserves the right to remove any user, including you, from the Service at any time and for any reason, with our without notice, including for violations of this Policy and/or any applicable laws. You agree that PCWP will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
Please note that the Service can only be provided so long as the PCWP Steering Committee continues to operate. The Movement Alliance Project, as fiscal sponsor of the PCWP, is not responsible for maintaining the Service, including any hardware or network connections.
This Policy may be updated or changed from time to time. Your use of the Service following updates or changes to this Policy constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your use of the Service immediately.
Disclaimer of Warranties
AS A COMPLIMENTARY SERVICE, THE SERVICE IS PROVIDED “AS-IS” AND “WHERE-IS.” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY 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.
Limitation of Liability
NEITHER PCWP, MOVEMENT ALLIANCE PROJECT, NOR PW SHALL BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICE. MOREOVER, IN NO EVENT SHALL PCWP OR PW 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 OR IN TORT, EVEN IF PCWP OR PW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PCWP, MOVEMENT ALLIANCE PROJECT AND PW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, LICENSORS OR OTHER PARTNERS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE; (B) YOUR USE OF THE SERVICE; (C) YOUR VIOLATION OF THIS POLICY; OR (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
You agree that any dispute between you and PCWP arising out of or relating to this Policy or your use of the Service will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against PCWP. The laws of the State of Pennsylvania, without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Philadelphia, Pennsylvania, and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.