|
The Bedford Public Library offers free Internet and public access computers as a service to patrons. The Internet, as an information resource, enables the Library to provide information beyond the confines of its own collection.
- Internet Access
- All Internet resources accessible through the Library are provided equally to all users.
- The Internet enables access to a wealth of material that is personally, professionally, and culturally enriching to individuals of all ages, but it also enables access to material that some may find offensive, disturbing, inaccurate or incomplete.
- The Bedford Public Library does not make any attempt to censor access to the Internet through the use of filtering software.
- The Bedford Public Library cannot control the content of resources available on the Internet and cannot be held responsible for their content.
- The availability of information does not constitute endorsement of the content by the Bedford Public Library.
- Use of Internet resources carries with it a responsibility to evaluate the quality of the information accessed.
- Access, use, or dissemination of information via the Internet in the Library is the responsibility of the user.
- The Bedford Public Library is subject to the USA Patriot Act which requires that the Library provide access to library records when requested with the appropriate authorization. Information about the USA Patriot Act and its application to libraries is available from the American Library Association at: http://www.ala.org/ala/oif/ifissues/usapatriotact.htm or by request in the Library.
- Children's Internet Access
- The responsibility for what minors read or view on the Internet rests with parents or guardians.
- Restriction of a child's access to the Internet is the responsibility of the parent or guardian who must give permission, when registering the child for a card, in order for a person under the age of eighteen to use the Internet.
- Parents who believe that their minor children cannot responsibly use the Library's Internet access are requested to monitor their children's Internet use and deny Internet access on the minor's card.
- Access, use, or dissemination of information via the Internet in the Library is a joint responsibility of the user and the parent or guardian.
- The public library, unlike schools, does not serve in place of a parent. Librarians cannot act in the place of parents in providing constant care and supervision of children as they explore the Internet.
- Access by minors to materials deemed "harmful to minors" is prohibited.
- Library Administration reserves the right to determine, based on community standards, materials considered to be "harmful to minors".
- Wireless Internet Access
- Wireless access is a free public service provided by the Bedford Public Library.
- You must have a wireless device in order to access this service.
- By choosing to use this service, you agree to abide by the Bedford Public Library's Internet and Public Access Computer Policy.
- The library is a public place and patrons should not have an expectation of privacy.
- Acceptable Use
The use of the Service for the following activities is prohibited:
- Illegal Activity
Library computers and wireless network may not be used for any activity prohibited by law including but not limited to accessing child pornography or materials which by local community standards would be obscene as defined in U.S. Code Title 18 and Texas State Penal Code Chapters 42 and 43.
- Software
Patrons may not install personal software on library computers. Patrons may not modify system or network setting on library computers.
- Damages
Damages resulting from the misuse of Internet access or library equipment are the responsibility of the user or in the case of minors, the parent or guardian.
- Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet or using the Internet for activities that invade another's privacy.
- Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
- Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
- Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Hacking
Accessing 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.
- Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail-bombing, or denial of service attacks or like matters. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment.
- Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
- Export Control Violations
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
- Other Illegal Activities
Using the Service in violation of applicable local, state and federal laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
- Resale
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Violations of this policy may result in the loss of computer privileges, potential loss of library privileges and possible prosecution.
- Notice of Violations of the Acceptable Use Regulations
The Bedford Public Library requests that anyone who believes that there is a violation of the Acceptable Use Regulations direct the information to the Library Manager.
- Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may travel through the Service; (iii) that Bedford Public Library does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the Bedford Public Library 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. 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, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- No Consequential Damages
UNDER NO CIRCUMSTANCES WILL THE BEDFORD PUBLIC LIBRARY, ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (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. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT THE BEDFORD PUBLIC LIBRARY MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $1. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
- Attorney's Fees
In the event of any legal action to enforce the terms of this agreement, each party shall bear its own attorney's fees and costs.
- Governing Law
This agreement shall be governed, interpreted and construed according to the laws of the State of Texas.
- Venue
Venue for any legal action by any party to this agreement to interpret, construe or enforce this agreement shall be in a court of competent jurisdiction in and for Tarrant County, Texas.
- Indemnity
You agree to indemnify and hold harmless Bedford Public Library, its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's 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 the Bedford Public Library may assert under this Agreement or by law.
- Interpretation
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. Bedford Public Library's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede Bedford Public Library's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Bedford Public Library with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the Bedford Public Library with respect to its subject matter and supersedes all prior writings or understanding.
Approved by the Library Board – July 19, 2006 |
|