Thank you for patronizing Bob Evans! Before you can access and use the wireless internet access service that Bob Evans is providing as a courtesy to our guests, we require that you review and accept this Wireless Internet Access Agreement governing your access to and use of this wireless service.

This is a legal agreement ("Agreement") between you and Bob Evans Restaurants, LLC.. and its affiliates and service providers (collectively, "Bob Evans") governing your access to and use of the wireless internet access service that Bob Evans is providing to its guests (the "WiFi Service"). Only current guests of this Bob Evans Restaurant are permitted to use the WiFi Service.

You must accept this Agreement each time you access the WiFi Service. Bob Evans reserves the right to update or revise this Agreement at any time, and you are urged to re-read this Agreement each time you access the WiFi Service. If you are not a current guest of a Bob Evans Restaurant and/or you do not agree to this Agreement, you are not permitted to use or access the WiFi Service.

You agree that you are fully responsible for your activities while using the WiFi Service (including for any content, information and other materials you access or transmit via the WiFi Service). You agree not to use the WiFi Service for any other reason, including reselling any aspect of the WiFi Service.

Use of the WiFi Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.

The following are representative examples only and do not comprise a comprehensive list of illegal uses:

1. Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
2. Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
3. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
4. The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
5. Export Control Violations
6. Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
7. Uttering threats
8. Distribution of pornographic materials to minors
9. and Child pornography

The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

1. High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)
2. Obscene or indecent speech or materials
3. Defamatory or abusive language
4. Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
5. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6. Facilitating a Violation of these Terms of Use
7. Hacking
8. Distribution of Internet viruses, Trojan horses, or other destructive activities
9. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
10. Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
11. The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
12. Seeking information on passwords or data belonging to another user.
13. Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
14. Intercepting or examining the content of messages, files or communications in transit on a data network.

Your access to the WiFi Service is completely at the discretion of Bob Evans. Your use of the WiFi Service must be in accordance with Bob Evans' family-friendly atmosphere and must be used in a manner that will not disrupt other customers, including but not limited to inappropriately high volume levels or other inappropriate behavior. Your access may be blocked, suspended or terminated at any time for any reason including, but not limited to, any violation of this Agreement, actions that may lead to liability for Bob Evans, disruption of access to other users or networks, and violation of applicable laws or regulations.

The WiFi Service is limited and access to Web sites and/or Internet locations may be filtered or restricted in the sole discretion of Bob Evans. Although we may attempt to filter inappropriate Web sites and/or Internet locations, the Internet contains a variety of materials and information that may be offensive to you or members of your family. You agree that you assume full responsibility and risk for your use of the WiFi Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.

You also acknowledge that an open wireless internet access service, such as the WiFi Service, is inherently insecure and that third parties may use the WiFi Service to access or attempt to access your computer without your knowledge or approval and/or without the knowledge or approval of Bob Evans. You agree to accept that risk and acknowledge your responsibility to maintain the security of your computer through firewalls or other means.

Bob Evans reserves the right to (but is not required to) monitor your communications and activities while connected to the WiFi Service, including all content during transmissions. Bob Evans may disclose any such information for purposes of ensuring your compliance with this Agreement, compliance with applicable law, cooperating with legal authorities, and otherwise protecting Bob Evans’ rights, property and interests. BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO SUCH POSSIBLE MONITORING AND DISCLOSURE BY BOB EVANS.

You agree to indemnify, defend, and hold harmless Bob Evans and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement or any representation or warranty you provide in this Agreement, or otherwise arising in any way out of your use of the WiFi Service.

YOU AGREE THAT THE WIFI SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO BOB EVANS GUESTS, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE." BOB EVANS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT ACCESS TO OR USE OF THE WIFI SERVICE WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE CODE, OR SECURE FROM INTRUSION. YOU AGREE THAT THERE ARE NO WARRANTIES, REPRESENTATIONS OR UNDERSTANDINGS THAT EXTEND BEYOND THE CONTENTS OF THIS AGREEMENT AND THAT NO ADVICE OR INFORMATION GIVEN BY BOB EVANS OR ITS EMPLOYEES SHALL SERVE TO CREATE ANY WARRANTY OR REPRESENTATION.

YOU ACKNOWLEDGE AND AGREE THAT THE WIFI SERVICE IS PROVIDED AS A PRIVILEGE SOLELY FOR THE CONVENIENCE OF OUR GUESTS AND BOB EVANS SHALL HAVE NO LIABILITY OF ANY KIND OR IN ANY AMOUNT FOR ANY: DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. BY WAY OF ILLUSTRATION AND NOT IN LIMITATION, BOB EVANS SHALL HAVE NO LIABILITY OF ANY KIND OR IN ANY AMOUNT FOR ANY: LOST PROFITS; BUSINESS INTERRUPTION; LOSS OF GOODWILL OR HARM TO REPUTATION; UNAUTHORIZED ACCESS; DAMAGE, LOSS OR THEFT OF YOUR SYSTEM OR DATA; LOSS OF USE OF THE WIFI SERVICE; LOSS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WIFI SERVICE; DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS, SPYWARE, MALWARE OR OTHER HARMFUL SOFTWARE CODE, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS WIFI SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF BOB EVANS IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE WIFI SERVICE. YOU FURTHER AGREE THAT IF, AND ONLY IF, ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF BOB EVANS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR RELATED TO THE USE OF THE WIFI SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO A MAXIMUM OF FIFTY DOLLARS ($50). YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CAUSE OF ACTION.

You agree that this Agreement and your use of the WiFi Service shall be governed by the laws of the State of Ohio, without regard to conflicts of laws principles, and Bob Evans shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. Further, you agree that any action you bring that arises from or relates to the WiFi Service must be initiated within one (1) year from the relevant date of your access to the WiFi Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and Bob Evans regarding its subject matter, and it supersedes any prior or contemporaneous agreements and understandings, both oral and written, between you and Bob Evans regarding its subject matter.

BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU ARE INDICATING THAT YOU ARE OVER 18 YEARS OLD, CURRENTLY A GUEST OF THIS BOB EVANS, THAT YOU HAVE READ ALL OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

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