Internet Usage Agreement

Users of the Service are advised to pay especially close attention to the first 4 items listed below.

SERVICE IS PROVIDED ON THE FOLLOWING TERMS:

1. Circa Properties is not responsible for the provision, performance and support of your PC. Circa Properties provides support for Service only to the Ethernet wall jack in your bedroom. Support for your PC and any connecting Ethernet cables or any other devices to the wall jack is your responsibility. If you believe the Service is not working properly, Circa Properties will test the Service at your wall jack for a $25.00 fee payable at the time of testing. If, in the sole judgment of Circa Properties, Service is found to be faulty, the $25.00 testing fee will be waived.
2. You are solely responsible for keeping your computer secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of the Service, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computer and other systems from any infection by malicious code or unauthorized use.
3. Circa Properties cannot guarantee security and it is essential that you make use of a personal firewall, and anti-virus software due to the “always-on” nature of the Service. In addition, Circa Properties strongly recommends you add further security protection by obtaining current updates to your application software.
4. You may not use the Service in any way which, in Circa Properties’s sole opinion, is, or is likely to be, detrimental to the provision of the Service to any other Circa Properties tenant. This includes, but is not limited to, running any application or program that places excessive bandwidth demands on the Service. If Circa Properties determines you are using excessive bandwidth, at our discretion we may reduce the bandwidth available at your wall jack, or temporarily suspend or permanently disconnect the Service (with or without notification). Circa Properties automatically blocks file sharing usage.
5. Occasionally, we may need to temporarily suspend the Service for repairs or planned maintenance and upgrades. Where this occurs, we will give you as much notice as is reasonably possible under existing circumstances.
6. We cannot guarantee that the Service will never be faulty, however we will respond to all reported faults as soon as is reasonably possible.
7. Circa Properties reserves the right to email Service announcements to you as part of the Service. It is the tenant’s responsibility to notify the office of a change of email address.
8. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal or criminal activity.
9. You may not send proactively, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights.
10. You may not do anything which is contrary to the acceptable use policies of any connected networks and Internet standards.
11. You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
12. You may not hack into any aspect of the Service.
13. You may not circumvent, or attempt to seek to circumvent, any of the security safeguards of Circa Properties or any of its suppliers or vendors.
14. You may not use the Service to cause annoyance, interference, inconvenience or needless anxiety to tenants or others.
15. You may not send or provide any unsolicited advertising or other promotional material, commonly referred to as “spam” by email or by any other electronic means.
16. You may not send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facility.
17. You may not use the Service other than for your personal use, and you acknowledge that Circa Properties shall not in any way whatsoever be liable to you or to any third party for any personal losses (including without limitation any loss of profits, business or anticipated savings or for any destruction of data) suffered in anyway whatsoever by you or any third party.
18. You may not employ a misleading email address or name or falsify information in the header, footer, return path or any part of any communication, including without limitation any email transmitted through the Service.
19. You may not permit any third party to do any of the above.
20. A current copy of the Internet Use Agreement and Internet Operating Policy is posted at www.circaproperties.com/download-forms/. The version of this User Agreement and Operating Policy stored at that URL is considered the current and binding version.
21. If any aspect of these terms and conditions is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
22. These Terms and Conditions and the Internet Use Agreement set out the whole of our agreement relating to our supply of the Service. They cannot be varied except in writing by a managing partner of Circa Properties. In particular nothing said by any employee or person on behalf of Circa Properties should be understood as a variation of these Terms and Conditions or an authorized representation about the Service or the nature and quality of items displayed thereon. Circa Properties shall have no liability for any such representation being untrue or misleading.