EFFECTIVE DATE AND PARTIES
This Public Wi-Fi Acceptable Use Agreement ("Agreement") is effective upon your
connection to the Wi-Fi network provided by MoKan Communications ("Provider"). By
using the Public Wi-Fi system, you represent and warrant that: (1) You have read,
understand, and agree to be bound by all terms and conditions 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 access or use the Wi-Fi System.

1. SERVICE DESCRIPTION AND AVAILABILITY
This Agreement governs your use of the public Wi-Fi network ("Service") provided by
the Provider. The Provider will make the Service available at designated outdoor public
locations ("Enabled Locations") in downtown Paola, Kansas and Wallace Park in Paola,
Kansas.
The availability of Service is subject to the following conditions:
• Access points may not be available in all locations within the defined areas
• Service may not be continuously operational
• Signal strength and connection speed may vary based on location, demand, and
other factors
• Provider reserves the sole right to determine Enabled Locations and operational
availability
• Provider may temporarily suspend Service for maintenance or other operational
reasons

2. NO FEE FOR SERVICE
The Service is provided at outdoor locations selected by Provider free of charge. The
Service was established through a partnership between the Provider, the City of Paola,
Kansas, and the Kansas Office of Broadband Development as a goodwill service to
residents, registrants, and the visiting public.

3. INTERNET ACCESS AND CONTENT DISCLAIMER
By using the Service, you acknowledge and agree to the following:
• You must comply with all terms of this Agreement
• Provider reserves the right to disconnect, restrict, remove, block, or terminate your
use of Service if Provider determines, in its sole discretion, that your use is illegal
or violates this Agreement
• Despite reasonable efforts by Provider to prevent your exposure to inappropriate
content, you may encounter material on the Internet that you consider offensive,
objectionable, inaccurate, or misleading
• Provider is not responsible for and has no liability regarding any content accessed
through the Service
• Provider does not monitor or control content accessible through the Service and
does not guarantee the accuracy, integrity, or quality of such content

4. USER RESPONSIBILITIES
As a user of the Service, you must:
• Provide your own equipment (including network devices, computer hardware and
software, Wi-Fi adapters, etc.) to connect to the Service
• Comply with all applicable local, state, federal, and international laws and
regulations, including but not limited to copyright and intellectual property rights
laws
• Accept responsibility for all content accessed or transmitted through your use of
the Service
• Secure your own data and communications, as Provider does not guarantee the
security of any information transmitted through the Service
• Take appropriate precautions against security threats, including maintaining up-to-
date anti-virus software and security patches
• Assume all risks associated with use of the Service, including but not limited to
exposure to viruses, unauthorized access by third parties, and damage to your
equipment or data

5. PROHIBITED USES AND ACTIVITIES
The following uses and activities are strictly prohibited. The examples listed below are
non-exclusive and are provided for guidance. Provider reserves the right, in its sole
discretion, to determine whether any use violates this Agreement and to block access
for any unlawful or abusive use. You agree not to use the Service to:
5.1. Transmit any material that is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy, obscene, pornographic,
offensive, or otherwise objectionable;
5.2. Harm, threaten, or attempt to harm minors in any way, including but not limited to
activities involving child pornography or the sexual exploitation of children;
5.3. Impersonate any person or entity, falsely state or otherwise misrepresent your
affiliation with any person or entity, or forge or manipulate identifiers to disguise the
origin of any content;
5.4. Transmit any information or material for which you lack the right to make available
under any law or contractual or fiduciary relationship, including proprietary and
confidential information, inside information, or information protected by non-
disclosure agreements;
5.5. Infringe upon any patent, trademark, trade secret, copyright, or other intellectual
property right of any party, including unauthorized copying or distribution of
copyrighted materials such as software, music, images, or videos;
5.6. Engage in unauthorized or fraudulent offers to sell or buy products or services, or
advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," "chain
letters," or other forms of unauthorized solicitation;
5.7. Upload, post, email, transmit, or otherwise make available any content that contains
software viruses, malware, ransomware, or any other computer code designed to
interrupt, destroy, limit, or monitor the functionality of any computer software,
hardware, or telecommunications equipment;
5.8. Interfere with or disrupt the Service or servers or networks connected to the
Service, including using excessive bandwidth, launching denial of service attacks,
mailbombing, crashing systems, gaining unauthorized access, or attempting to overload
systems;
5.9. Stalk, harass, or harm another individual, collect or store personal data about other
users without their consent, or engage in any behavior that constitutes cyberbullying;
5.10. Resell, redistribute, or rebroadcast access to the Service without the Provider's
prior written authorization;
5.11. Use the Service for high-bandwidth operations, including but not limited to
continuous streaming video or downloading very large files, that may degrade Service
for other users;
5.12. Access or attempt to access the accounts of others, or penetrate or attempt to
penetrate security measures of the Provider's or another entity's computer software or
hardware, electronic communications system, or telecommunications system;
5.13. Use the Service in any manner that would violate any applicable local, state,
federal, or international law, regulation, or order.

6. INDEMNIFICATION
By using the Service, you agree to defend, indemnify, and hold harmless the Provider,
the City of Paola, the Kansas Office of Broadband Development, and their respective
officers, directors, employees, contractors, agents, licensors, and suppliers from and
against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or
fees (including reasonable attorneys' fees) arising out of or relating to:
• Your violation of this Agreement
• Your use of the Service
• Your violation of any rights of a third party
• Your violation of any applicable laws, rules, or regulations

7. TERMINATION OF SERVICE
Provider reserves the right to suspend or terminate your access to the Service at any
time, with or without cause, and with or without notice. Causes for termination may
include, but are not limited to:
• Violation of any terms of this Agreement
• Conduct that Provider believes is harmful to other users, the Provider, or third
parties
• Disruption of the Service or Provider's network
• Requests from law enforcement or other government agencies
• Unexpected technical or security issues
• Extended periods of inactivity
You agree that Provider will have no liability whatsoever in the event of any suspension
or termination of your access to the Service.

8. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT:
• THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
• THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-
FREE
• THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE
• THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS
• THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED
• THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS

9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PROVIDER, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA,
USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT
• ANY TRANSACTION OR COMMUNICATION MADE WHILE USING THE SERVICE
• LOSS OR THEFT OF PERSONAL PROPERTY WHILE USING THE SERVICE
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY,
WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT PROVIDER HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. PRIVACY AND DATA SECURITY
Provider may collect certain information about your use of the Service, including the
devices you use to connect to the Service, connection times and durations, bandwidth
usage, and other technical information. This information may be used to:
• Operate and maintain the Service
• Improve the quality of the Service
• Analyze usage patterns
• Ensure compliance with this Agreement
• Comply with applicable laws and regulations
You acknowledge that:
• Wireless communications, by their nature, are not secure
• The Service is not encrypted and your communications may be accessed by others
• Provider assumes no responsibility for the security of any data transmitted
through the Service
• You are responsible for securing your own data and communications

11. GOVERNING LAW AND JURISDICTION
This Agreement and your use of the Service shall be governed by and construed in
accordance with the laws of the State of Kansas, without regard to its conflict of laws
principles. Any legal action or proceeding relating to this Agreement or your access to
or use of the Service shall be instituted in a state or federal court located in Kansas, and
you agree to submit to the jurisdiction of such courts.

12. CHANGES TO THE AGREEMENT
Provider reserves the right to modify this Agreement at any time, with such
modifications becoming effective when posted on the Service or when you receive
notification of the modified Agreement. Your continued use of the Service after any
modification indicates your acceptance of the modified Agreement.

13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Provider regarding
your use of the Service and supersedes all prior and contemporaneous written or oral
agreements between you and Provider.

14. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
BY CONNECTING TO AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMEN