Berthon Boat Company Limited & Lymington Marina Ltd Authorised User Policy
What this policy covers
We, Berthon Boat Company Limited, offer fibre internet over WiFi (the Service) to berth holders and visitors at Lymington Marina.
This Authorised User Policy (AUP) sets out the terms on which you are allowed to access and use the Service whilst at the marina.
Please read these terms carefully. The section below titled ‘Liability’ is particularly important.
If you have any questions about this AUP then please contact us at Marina Manager@berthon.co.uk.
Accepting these terms
You will be asked to accept this AUP when you first connect to the Service on a new device. Depending upon the brand of your device, you may be asked to accept this AUP on each occasion you use the Service. If you do not agree to the terms of this AUP then you must not access the Service.
You are agreeing to this AUP on your own behalf, and on behalf of any other person who may use your device to connect to the Service. Please ensure you have their permission to agree to this AUP on their behalf.
You are responsible for ensuring that anybody who has access to your device does not use the Service in a way which breaches this AUP. This includes if you allow other devices to connect to the Service by tethering to your device or by using a WiFi hotspot you’ve set up.
Speed, availability and other measures of performance
The Service is provided ‘as-is’. This means we do not give any guarantees or assurances about the Service’s uptime, speed, latency, availability or any other performance measures nor do we give any guarantees or assurances with regard to the security of the Service. Any advertised speeds or other measures of performance are for information only and are not legally binding.
If you need a minimum level of performance or connectivity for your intended use of the Service (for example, because you want to use the Service for business use which require a constant, fast connection) then you must not rely solely on the Service. You should make separate arrangements to ensure you have a stable backup connection in place.
Please be aware that environmental factors may limit WiFi coverage and signal strength around the marina. The Service may also be subject to downtime without notice. For example, if there is a fault in the network or if our supplier needs to carry out maintenance on its infrastructure. We also reserve the right to suspend the Service temporarily or permanently at any time.
Liability – PLEASE READ THIS SECTION CAREFULLY
We will not be liable to you, or to anybody else who connects to the Service using or via your device, for any loss or damage arising from the use of the Service, or inability to use the Service.
Without limiting the scope of the previous paragraph, we will not be liable to you, or anybody else who connects to the Service using or via your device, should the Service not meet your expectations or requirements. This is the case even if you have told us about those expectations/requirements in advance.
Nothing in this AUP excludes or limits our liability where it would be unlawful to do so.
You agree to reimburse us any and all money (including without limitation for fines, liability which arises from third party legal claims, plus our reasonable costs and expenses including lawyers’ fees) which arises from your breach of this AUP. You will pay us these amounts on demand.
Prohibited use
You (and your family, friends or crew) are not allowed to use the Service in any way which is unlawful or which we reasonably suspect is unlawful.
You are also not allowed to use the Service in a manner that damages our reputation or goodwill, or which we suspect may damage our reputation or goodwill.
The following list gives examples of uses of the Service which are not permitted. This is not an exhaustive list.
- Illegal/criminal activity – the Service may not be used in connection with criminal or civil violations of laws, regulations, or other government requirements of any jurisdiction. This includes theft or infringement of intellectual property rights, export control violations, fraud, forgery, pyramid or other prohibited business schemes, and theft or misappropriation or unauthorised transmission or storage of funds, credit card information, personal information, or online services.
- Threats, harassment and defamation – the Service may not be used to transmit or store material of a threatening nature, including threats of death or physical harm. The Service may not be used to harass others or to libel or defame anyone.
- Security violations – the Service may not be used to violate the security of a network, service or other system. For example, by hacking, cracking into, monitoring, or using systems without authorisation; scanning ports; conducting denial of service attacks; distributing viruses or other harmful software; smurf attacks; and unauthorised alteration or destruction of websites or other information. Additionally, the Service may not be used directly or indirectly with systems that are not configured and maintained in a manner that prevents their usage by others in violation of this AUP. For example, by improperly securing a mail server so that it may be used by others to distribute spam.
- Spam – the Service may not be used to spam other people. Spam includes the sending of unsolicited emails which do not identifying the sender and do not provide a means to opt-out from further communications. It also includes repetitive postings on other platforms, such as social media and internet forums.
- Violation of third party policies – the Service may not be used in a way that violates another service providers’ acceptable user policy or terms of service.
Consequences of breaching this AUP
If you violate this AUP then we may immediately block or limit your access to the Service. If we permit you to reconnect to the Service then we may put in place extra conditions which you need to follow.
In order to protect ourselves, the Service and our other users, we have absolute discretion over the actions we take.
The responses listed in this AUP are not exclusive. We reserve the right to take any other technical or legal action we deem appropriate.
A breach of this AUP is a material breach of the Lymington Marina Terms of Business (www.berthon.co.uk/lymington-marina/terms-business).
Suppliers’ policies and restrictions
We rely on third party suppliers in order to provide the Service to you. Those suppliers may impose their own policies and restrictions from time to time. You agree to follow those policies once you are made aware of them and you agree to accept whatever restrictions are placed on your use of the Service by our suppliers.
Device security
You are solely responsible for ensuring the security of your device when connecting to the Service and the wider internet. We recommend following the UK National Cyber Security Centre’s guidance that you can access from www.ncsc.gov.uk/section/information-for/individuals-families.
Updates
We may update it from time to time and you will be asked to agree to the updated terms in order to access the Service. If you do not agree to the updated terms then you must not access the Service.
Privacy
For information about how we process your personal information for the purposes of administering the Service, please refer to our Privacy Policy at www.berthon.co.uk/about-berthon/privacy-policy.
Other information
We can transfer our rights and obligations under this AUP to any third party. You are not allowed to transfer your rights and obligations under this AUP without our written permission.
The terms of this AUP are governed by the laws of England and Wales. You and we agree to the exclusive jurisdiction of the courts of England and Wales.
This AUP was last updated on 14 June 2021.
