San Francisco International Airport WI-FI SYSTEM USER AGREEMENT

Please read the following information carefully before clicking “Accept the Terms” and using this service.

Welcome to the wireless high-speed Intranet and Internet access system (“Wi-Fi System”) at San Francisco International Airport (“SFO”). This agreement (“Agreement”) governs your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System. This Agreement is between you and the City and County of San Francisco, acting by and through the Airport Commission (“City”), the organization currently providing you access to this website described under Description of Wi-Fi System below.

BY CLICKING ON “ACCEPT THE TERMS” ON THE WI-FI SYSTEM SIGN-UP PAGE, YOU REPRESENT that:

1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND
2. YOU ARE AT LEAST 18 YEARS OF AGE.

If you do not agree to the terms of this Agreement, you may not use the Wi-Fi System. Your electronic acceptance of the Agreement by clicking on “ACCEPT THE TERMS” on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on “ACCEPT THE TERMS”.

Description of Wi-Fi System/Service Availability

SFO will provide access to the Wi-Fi System at locations (“Enabled Locations”) that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of the Airport, and may not always be operational even if available.

Use of the Wi-Fi System is free; however, some internet sites may charge you for use. The Intranet website portion of the Wi-Fi System contains certain limited informational and entertainment content provided by SFO or third parties that have licensed content to SFO. SFO may provide links on the intranet Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by SFO of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the content on the Web site.

Access to Internet Content

SFO does not screen or restrict access to any content placed on or accessible through the Internet. SFO also does not screen or restrict communications between parties via the Internet. You acknowledge and agree that if you access the Internet you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that SFO is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System. In addition, SFO is not responsible for any content provided by third parties or licensed to SFO for inclusion within the Intranet portion of the Wi-Fi System.

USE OF THE WIFI SYSTEM IS AT YOUR OWN RISK. INFORMATION YOU SEND OVER THE INTERNET USING THE WIFI SYSTEM MAY BE ACQUIRED BY THIRD PARTIES. VIRUSES AND OTHER MALICIOUS SOFTWARE MAY BE ON THE WIFI SYSTEM OR ON SITES THAT YOU VISIT ON THE INTERNET AND MAY INFECT YOUR COMPUTER. SFO ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY SUCH INFORMATION LOSS OR DAMAGES CAUSED BY MALICIOUS SOFTWARE OR FOR ANY OTHER DAMAGE OR LOSS TO YOU BY REASON OF YOUR HAVING USED THE WIFI SYSTEM.

Your Responsibilities

You must (1) agree with all current terms and conditions, (2) adhere to SFO’s Acceptable Use Policy described below, and (3) provide all equipment (including computer hardware and software, personal digital assistants, smart phones, table computers, wireless network cards, etc.) to connect to the Wi-Fi System, and (4) comply with local, state, and federal laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. SFO does not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.

Acceptable Use Policy (AUP)

All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. SFO does not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject SFO to liability or may violate this AUP. SFO 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 System or other actions as detailed below.

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

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy;

(2) harm, or attempt to harm, any person in any way;

(3) 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 System;

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available 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);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other mass form of solicitation;

(7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(8) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(10) intentionally violate any applicable local, state, or federal law,

(11) “stalk” or otherwise harass another;

(12) resell access to or use of the Wi-Fi System without SFO’s written authorization;

(13) use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

SFO requests that anyone who believes that there is a violation of this AUP direct the information to: sfo.customer.service@flysfo.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; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number. 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.

Termination

You agree that SFO may terminate this Agreement and cancel your access to the Wi-Fi System you may have at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of such termination for any reason SFO will have no liability to you.

Termination by Unacceptable Usage

From time to time SFO may impose reasonable rules and regulations regarding the use of its services. The rules under this paragraph are not exhaustive and SFO reserves the right to modify these. You agree to abide by these rules. Any violation to these rules may result in the suspension or termination of your service. Even if an activity you perform is not listed in this document, it may also be a violation of this rules if it illegal or disruptive to the network.

Notice of Problems or Complaints

If you experience a problem accessing or using the Wi-Fi System, report the problem by calling the telephone number posted on the sign-on page. If SFO determines the Wi-Fi System is at fault, SFO will make an effort to provide a timely remedy in a manner consistent with its regular business practices.

Modifications to Agreement

SFO may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the Wi-Fi System ‘Terms and Conditions’ page. If you use the Wi-Fi System after postings of any such modifications, you accept and agree to any and all such modifications.

Indemnification

You shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend and promptly reimburse them for, any all losses, claims, damages, injury, settlements, costs and liabilities of any nature arising out of, based upon, as a result, or in any way connected with your use of the Wi-Fi System or any breach of this Agreement; except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of City and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on you.

No Warranty

SFO PROVIDES NO WARRANTY WHATSOEVER WITH RESPECT TO USE OF THE WIFI SYSTEM. THIS INCLUDES NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. SFO SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF SFO FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM.

Entire Agreement, Applicable Law, Forum

This Agreement constitutes the entire agreement between you and SFO with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of California as applicable without giving effect to the principles of conflicts of law thereof.