TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY

WI FI SERVICE

BILLY BISHOP TORONTO CITY AIRPORT PASSENGER TERMINAL

PLEASE READ CAREFULLY.  THESE TERMS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.

Each user of the Billy Bishop Toronto City Airport’s (“BBTCA” or the “Airport”) Wi Fi service located within the Billy Bishop Toronto City Airport Passenger Terminal (the “Wi Fi Service”) agrees to and must comply with these Terms and Conditions and Acceptable Use Policy (collectively, the “Agreement”). This Agreement between You and [Nieuport Aviation Infrastructure Partners GP], the owner and operator of the Wi Fi Service in the passenger terminal, is intended to improve the Wi Fi Service for all users by preventing unacceptable uses. The Wi Fi Service is carried over Our network (the “Network”).  In this Agreement, unless context requires otherwise, references to “You” or “Your” refer to each user of the Wi Fi Service and references to “Nieuport”, “We”, “Us”, or “Our” refer to Nieuport Aviation Infrastructure Partners GP.

TERMS AND CONDITIONS

1. Acceptance of this Agreement.

By clicking "I Accept" or by utilizing the Wi Fi Service, You acknowledge that You have read and understand this Agreement and that You accept the Agreement and agree to abide by these Terms and Conditions and the Acceptable Use Policy (“AUP”) as We may amend them from time to time, in Our sole discretion. If You do not accept the Agreement, You may not and should not utilize the Wi Fi Service. Please take the time to read the Agreement carefully. Your use of the Wi Fi Service after a change to the Agreement will constitute acceptance by You of such changed terms. If You do not wish to accept such changes, Your sole and exclusive remedy is to refrain from using the Wi Fi Service that We are providing to You under this Agreement.

2. Disclaimer and Limitation of Liability.

The Wi Fi Service is offered to You on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind (to the fullest extent permissible under applicable law), including any warranties or conditions (whether express or implied) of merchantability, fitness for any particular purpose, or non-infringement of the rights of third parties.  We make no representation or warranty, whether express or implied, that the Wi Fi Service, or any content or service available or accessed by means of the Wi Fi Service, will be uninterrupted or error free, or free of viruses or other Malware.

If You are dissatisfied with the Wi Fi Service or with the terms of this Agreement, Your sole and exclusive remedy is to discontinue using the Wi Fi Service.

Under no circumstances will We be liable for: (i) any direct, indirect, special, or consequential damages including, without limitation, loss of profits, loss of data, or loss of business opportunities that result in any way from this Agreement or Your use of the Wi Fi Service, even if We have been advised of the possibility of such damages in advance; or (ii) any losses or expenses (including legal fees) arising out of, or in connection with, any claim, suit, or proceeding of any kind based on an allegation that Your use of the Wi Fi Service infringed the intellectual property or contractual rights of any third party, or was otherwise unlawful.

3. Support and Maintenance of the Wi Fi Service.

WE DO NOT GUARANTEE THAT CUSTOMER SUPPORT OF ANY FORM WILL BE AVAILABLE OR THAT WE WILL MAKE THE WI FI SERVICE WORK ON YOUR COMPUTER SYSTEM OR RESOLVE ANY PROBLEMS IN CONNECTION THEREWITH.

We do not undertake to correct or repair, and will have no responsibility for, software, hardware or equipment which provides the Wi Fi Service. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE WI FI SERVICE OR ANY SPEED OF THROUGH-PUT OF YOUR CONNECTION TO THE NETWORK WILL BE AVAILABLE TO YOU. You understand and agree that the speed of the Wi Fi Service provided to You will vary depending upon a number of factors, including Your computer system and associated equipment, Internet traffic and associated equipment, and other factors. You understand and agree that the Wi Fi Service may be temporarily limited, interrupted or curtailed due to system capacity limitations; governmental actions; events beyond Our control; or temporary equipment or systems failures or modifications, upgrades, maintenance, repairs or similar activities required or appropriate in connection with the delivery or improvement of the Wi Fi Service.

4. Integrity of the Wi Fi Service and the Network.

You understand and acknowledge that the Network is a shared network. We reserve the right to take any action to manage the Wi Fi Service or the Network needed to prevent or minimize harm to the Wi Fi Service or the Network or prevent or minimize disruption of the performance of the Wi Fi Service for other users, including to prevent improper or unacceptable use, in Our sole discretion and with or without notice to You. Such action may include, without limitation, suspension or termination of Your access to the Wi Fi Service.

5. Traffic Consumption Allowance.

You understand and acknowledge that we have the right to monitor, measure and report Your bandwidth consumption. We reserve the right, in our sole discretion, to establish, modify and/or enforce consumption allowances at any time now or in the future, with or without notice to You.

6. Security and Privacy.

(a) No expectation of Privacy – You agree and acknowledge that We have the right, but not the duty, to monitor Your use of the Wi Fi Service or the Network and that, accordingly, You have no expectation of privacy in Your use of the Wi Fi Service or the Network.

(b) Unauthorized Access – The Network is a shared network and is used by many users to access a variety of services. Neither the Network nor the Internet provides security against unauthorized access. Others, without our consent, may access or monitor Your activity and conduct while You are using the Wi Fi Service. We are not responsible for any unauthorized access to Your computer or other device or Your data, files, information, transmissions or communications by means of the Wi Fi Service.

(c) No Warranty – We do not warrant that any security system We may employ, either hardware or software, will prevent unauthorized access to Your computer or device. We are not responsible for damages resulting from any such unauthorized access. You understand and agree that You are solely responsible for the security of any computer or other device(s) with which You connect to the Wi Fi Service, and any data, programs or information stored on such devices. You are responsible for taking measures to ensure the security of Your computer system(s) or device(s) to prevent unauthorized access to it (or them) by others.  

(c) Viruses and Spyware – You understand and agree that We are not responsible for any virus, spyware, or other harmful software (“Malware”) that gains access to Your computer over the Network or any damage resulting therefrom. You are solely responsible for taking measures to prevent infection of Your computer from Malware, including installing and maintaining up-to-date anti-virus and anti-spyware software on Your computer. In the event that Your computer becomes infected with any Malware that, in Our sole discretion, may harm the Network or disrupt the performance of the Wi Fi Service for other users, We may immediately suspend or terminate Your access to the Network with or without notice to You.

(d) Loss of data – You agree that We are not liable for files, data or other information that may be lost, corrupted, delayed or damaged on Your computer system during Your use of the Wi Fi Service, and You agree to hold Us harmless in the event that any file, data or other information is lost, corrupted, delayed or damaged. You understand and agree that We will not restore or reconfigure Your computer system at any time.

(e) Responsibility for security of Your credit card and other information that You provide on the Internet – From time to time You may decide to access third-party Internet sites or order products or services from third parties when You access the Internet. We recommend that You use only secure Internet sites when making Your credit card and any other information about Yourself available to others on the Internet. You agree that You are solely responsible for the security of Your credit card and similar information from unwanted charges or use. You agree to indemnify, defend, and hold Us, Our employees, officers, directors, agents, affiliates, and business partners harmless in the event that Your credit cards, bank account numbers, social security number, Your identity, or any of Your personal information is compromised, disclosed, or utilized by a third party.

7. Third-party Services, Products and Content Provided by Others.

You understand and agree that while We provide access to the Internet, We are not responsible for the services or products offered by others on the Internet, nor are We the publisher of any information on the Internet that is provided by others, including, without limitation, other users on bulletin boards, in chat rooms and similar venues. We make no commitment to review, monitor or filter and we do not endorse or otherwise vouch for any service, product, information, programs, data, or content sent, accessed, offered or advertised over the Internet or otherwise made available to You by any individual, information provider, or on-line service or content provider. You understand and acknowledge that some third party services may contain material that may be deemed to be profane, indecent, disturbing, abusive, or offensive and may contain other material You may find problematic. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR SPONSORS, AFFLIATES, BUSINESS PARTNERS, OR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY SUCH CONTENT.

We do not exercise editorial control over, nor review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi Fi Service. However, We may remove, block, filter or restrict by any other means any materials that, in Our sole discretion, may be illegal, may subject Us to liability or may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Wi Fi Service or other actions as detailed below.

8. Intellectual Property.

You acknowledge that the names and logos of the BBTCA, Nieuport, and our sponsors or business partners may be shown on the Wi Fi Service welcome page. All right, title and interest in and to these names and logos are and will remain the exclusive property of their respective owners and such logos are not to be used or reproduced without the right holder’s prior written permission.

9. Indemnity.

You agree to indemnify, defend, and hold harmless Her Majesty the Queen, Nieuport, its sponsors and business partners and their respective parent, subsidiaries and affiliated companies, and, in each case, their respective directors, officers, employees, agents, and those for whom they are responsible in law (collectively, the “Indemnitees”), against any and all damages, suits and claims howsoever arising, due to Your use of the Wi Fi Service. You agree that the Indemnitees are third party beneficiaries of this Agreement and any protections, rights or privileges granted to Us, or any disclaimers in Our favour in this Agreement, will be extended to give the same protection, rights and privileges to, and disclaimers in favour of, the Indemnitees.

10. Force Majeure

We will be excused from performance hereunder, and will not be liable for damages or otherwise, if and to the extent that We are unable to perform due to any act, event, cause or condition that is beyond its reasonable control, including but not limited to accidents, acts of God, acts of any government, failure of third-party communications networks, war, terrorist activity, industrial or labor disputes, fire, flood, explosion, civil disorder, power failure, equipment failure, acts of civil or military authorities, theft, vandalism, misuse, insurrection, inability to obtain the necessary supplies, and the like as well as any other event not within our control. We will not notify You of the occurrence of any such event.

ACCEPTABLE USE POLICY

(a) Your Responsibility for Others Who Use Your Device. You agree that You are responsible for the conduct of anyone who uses the Wi Fi Service using Your computer system or other device.

(b) Assignment or sharing of Wi Fi Service. You agree that You will not resell, share, give away, redistribute, sublicense or otherwise distribute the Wi Fi Service or any portion thereof to any third party in any manner without Our prior written consent. For example, but without limitation, You may not provide Internet access to others through Your connection, host shell accounts, provide e-mail or news services to others, or send or store a news feed.

(d) Local networking. You may connect to the Wi Fi Service with a single computer or other device. We do not authorize You to connect or operate devices, including multifunction devices, that may contain a switch, router, firewall, etc., that allow for the connection of multiple computers or devices to the WI Fi Service. You agree that You will not operate a server of any type that provides services to other users, or for Your own use over the Wi Fi Service. You understand and agree that We have the right to monitor the Network and, to the extent necessary, Your computer system to ensure that You are not providing any services via Your connection. You understand and agree that We have the right to take any measures We deem necessary in Our sole discretion to prevent the use of the Wi Fi Service for uses other than those prescribed in this Agreement.

(e) Objectionable Content. You acknowledge that the Wi Fi Service is being provided in the public areas of the Airport. These are areas where other passengers, the public, and employees at the Airport could be located in close proximity to You. Because of this close proximity You acknowledge that other persons, including minors, may be exposed, inadvertently or intentionally, to the contents of the material downloaded or being transmitted or visible or audible. Accordingly, You agree that You will only download, display images or transmit visible or audible sounds that are suitable for a family audience and otherwise strictly adhere to the content restrictions in the AUP.

(f) Abusive or Unlawful Use. You agree that in accessing or using the Wi Fi Services You will not engage in any unlawful, unauthorized, abusive, or harmful activity, as determined in Our sole discretion.

The following constitute examples of violations of this AUP. You agree to not use the Wi Fi Service to:

• transmit (by downloading, uploading, posting, email or otherwise) or display any material that is unlawful, threatening, abusive, harassing, tortuous, pornographic, defamatory, obscene, indecent, offensive, sexist, distasteful, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable, or not suitable for a family audience, all as solely determined by Us;
• harm, or attempt to harm, minors in any way;
• impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi Fi Service;
• transmit any material (by downloading, uploading, posting, email or otherwise) that You do not have a right to use under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
• transmit any material (by downloading, uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• transmit (by downloading, uploading, posting, email or otherwise), or cause to be transmitted, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation, or any unlawful “commercial electronic message” as such term is defined in Canada’s anti-spam law;
• transmit any material (by downloading, uploading, posting, email or otherwise) that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Wi Fi Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Wi Fi Service or servers or networks connected to the Wi Fi Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi Fi Service;
• alter the transmission or routing data in any electronic message so that the message is delivered to a destination other than, or in addition to, that specified by the sender of the message;
• access, modify or interfere with any other person’s computer system, install (or cause to be installed) a computer program on any other person’s computer system, or cause an electronic message to be sent from another person’s computer system without the express consent of such other person;
• intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the Canadian Radio Television Telecommunications Commission, any rules of any national or other securities exchange, including, without limitation, rules of the Canadian Securities Administrators, and any regulations having the force of law;
• "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent or forge, impersonate or misrepresent Yourself as another person;
• resell the Wi Fi Service without Our prior written authorization; or
• use the Wi Fi Service as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server or for any other use that might affect or have the potential to affect the performance of, damage or overload the Wi Fi Service, the Network and/or external communications, in any way.

11. Violations.

(a) Reporting a Violation – We request that anyone who believes that there is (or has been) a violation of this Agreement direct the information to info@nieuport.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

(b) Remedial Actions - We may take any one or more of the following actions, or other actions not listed, at Our sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend or terminate Your usage on the Wi Fi Service; (3) bill You for administrative costs and/or reactivation charges, with a minimum administrative cost; or (4) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

12. General

If any provision of this Agreement is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision will be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement will continue in full force and effect. No waiver of any provision of this Agreement will be deemed a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws provisions thereof. You hereby consent to the jurisdiction of the courts of Toronto, Ontario, Canada over any matter arising from or in connection with this Agreement. The terms of this Agreement are binding upon You, Your heirs, executors, beneficiaries, successors and assigns and You may not assign this Agreement to any other party without Our prior written consent, which consent may be withheld in Our sole discretion. We may assign this Agreement without notice thereof to You.

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