By accepting the Forward Thinking Systems (“FTS”) User Terms of Service (located at: https://www.ftsgps.com/legal/terms-of-service/), User agrees and acknowledges that the Services provided by FTS hereunder may be subject to certain requirements and terms of third parties, which may be amended, modified, and substituted from time to time (such requirements and terms, as amended, modified, or substituted from time to time, the “FlowThru Terms”). User agrees to comply with and cause all Authorized Users (as defined herein) to comply with all the following FlowThru Terms. User shall cause each of its Authorized Users to comply with and agree to the FlowThru Terms. User is responsible and shall be liable for any breach by its Authorized Users of the FlowThru Terms.
THE ADDITIONAL TERMS AND CONDITIONS APPLY IF USER IS USING WI-FI ON FTS EQUIPMENT:
User acknowledges that internet connectivity made available through Wi-Fi is provided by our third party wireless communication carriers.
User is solely responsible for the configuration and all use, inability to use, or misuse of Wi-Fi, including without limitation the configuration of security settings for Wi-Fi, and any devices connected using Wi-Fi and all data and materials you send or receive using Wi-Fi.
If User allows any other person to use Wi-Fi, User remains responsible for such use and compliance with these terms. User must not resell Wi-Fi.
User must not:
misuse, abuse or otherwise use Wi-Fi in a manner that directly or indirectly causes interruption, interference, disruption, loss, adversely affects others or which would otherwise cause excessive, unreasonable or disproportionate traffic or network congestion;
interfere, breach, infiltrate or compromise the integrity or security of any service or resource, including unauthorized access or use of any passwords, systems, data, or information;
perform or simulate security probes, port scans, security breaches, denial of service attacks or any similar tests or hacking;
transmit any:
material that is offensive, abusive, fraudulent, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable;
unsolicited commercial message, voice call or fax, except to the extent you have complied with all applicable laws in respect thereof; or
virus, trojan horse, backdoor, bot, script or similar element; or
attempt, or authorize, cause, permit or encourage any other person to do any of the foregoing.
If User uses Wi-Fi to connect any application or device that uses voice over internet or any similar protocol, User understands and agrees that FTS is not responsible and will have no liability for any call interruption or error, including any calls to 911 or any similar emergency number, or providing any location information in connection with such calls.
User acknowledges that Wi-Fi is provided on an “as-is” and “as-available” basis and assume all risk arising from or related to User’s use, inability to use or misuse of Wi-Fi. Without limiting the generality of the foregoing, User is solely responsible for, and FTS will have no responsibility or liability arising from or related to:
the failure of or inability to use any device connected using Wi-Fi and used to comply with applicable law or regulations, including without limitation electronic logging devices or other devices used to comply with hours of service requirements, and any resulting costs, fines or penalties; or
the corruption, interruption of or inability to send or receive any transmissions or communications (including without limitation e-mails) through Wi-Fi.
User will indemnify and hold FTS harmless from and against any and all claims, causes of action, losses, expenses, liability or damages arising or related to, directly or indirectly, User’s or any third party’s use, misuse or inability to use Wi-Fi, including without limitation any failure by User or any third party to comply with these terms.
FTS reserves the right to limit, suspend or terminate Wi-Fi without notice or liability: (a) upon any non-compliance with these terms; or (b) in accordance with our network management practices, including without limitation to enforce data usage caps or limitations or for bandwidth management.
