The Town of Colchester Terms of Service and Acceptable Use Policy

Access to the Service

This Service is a free public service provided by The Town of Colchester (the Town). Your access to this Service is completely at the discretion of The Town, and may be suspended or discontinued at any time, for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the Town or its employees, disruption of access to other Users or networks, and violation of applicable laws or regulations. The Town may revise this Agreement at any time and without notice to you. You must accept this Agreement each time you use the Service and it is your responsibility to monitor and review it for any changes.

Acceptable Use of the Service

The Town supports the free flow of information and ideas over the Internet. All use of this Service must be lawful and shall not violate any Town or State laws or regulations and shall not be in violation of the rights of the Town or any third party.

The use of the Service for the following activities is prohibited:

Spamming and Invasion of Privacy

Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service 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 patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

Obscene Speech or Materials

Using The Town's Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene images or other materials.

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. 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, 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 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.

Disclaimer

you acknowledge

i. that the Service may not be uninterrupted or error-free.
ii. That viruses or other harmful applications may be available through the Service.
iii. That The Town does not guarantee the security of this Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection.
iv. That The Town's ability 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.

This 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 The Town, 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.

No Consequential Damages

Under no circumstances will The Town, 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 a customer, user of this System or Applicant, 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 Town may incur in any action or proceeding exceed the cost of the permit application. 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.

Indemnity

You, on behalf of yourself and your agents, employees, heirs and assigns, agree to indemnify and hold harmless The Town, its employees, their suppliers and licensors, officers, directors, agents and affiliates from any claim, liability, cause of action, 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 Town may assert under this Agreement or by law.

Venue

Any and all disputes that arise out of or are associated with this Agreement shall be governed by the laws of the State of Vermont, without regard to conflicts of law's provisions or your state of residence and you agree that exclusive jurisdiction and venue shall be with the Chittenden County Superior Court, State of Vermont.

Interpretation and Severability

This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. If any provision of this Agreement is held to be unenforceable, in whole or in part, all other provisions of this Agreement remain valid and enforceable.

This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and The Town..