Loews Terms and Conditions

HIGH-SPEED INTERNET ACCESS

We are offering you high speed internet access (the “Service”) subject to the terms and conditions set out below, at https://www.loewshotels.com/terms-of-use (the “Terms of Use”) and at https://www.loewshotels.com/privacy-policy (the “Privacy Statement”) (collectively, these terms and conditions, the Terms of Use and the Privacy Statement are the “Agreement”). The Service is part of the Site referenced in the Agreement and the Services referenced in the Privacy Statement, and all references to the Site and the Services in each apply equally to the Service here. This Agreement governs your use of the Service and is by and between this Hotel together with Loews Hotels, LLC and its subsidiaries and affiliates(collectively, "Loews,” “we”, “us” and/or “our”) and you, on behalf of yourself and anyone for whom you are using the Service or who you authorize to use the Service ("you"). You are solely responsible for all access to and use of the Service through your room’s interface during the period you have subscribed for (“Your Account”). By using the Service you have agreed to each and all of the terms and conditions of the Agreement, without limitation or qualification, and waive any right to claim ambiguity or error in this Agreement. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE REQUIREMENT TO ARBITRATE DISPUTE PROVISION AND THE WAIVER OF CLASS ACTION LAWSUITS PROVISION, MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. If you do not agree to each and all of the terms and conditions of the Agreement please do not use the Service. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of the Agreement terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check the Agreement terms periodically for changes. Your continued use of the Service following the posting of changes to this Agreement will mean you accept those changes.

Fees and Charges: The Service is provided in accordance with the rates identified to you upon placing your order for the Service. Rates and fees do not include applicable taxes. Once your order has been placed for the Service you will have entered into this binding Agreement with us and will be billed and responsible for the charges associated with the period of Service subscribed for.

Performance Levels: In addition to other disclaimers and limitations in the Agreement, note that Service speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself, number of concurrent users, types of concurrent use and other factors. As such, we do not guarantee maximized Service performance (throughput speeds) levels. You also specifically acknowledge that any content that you may access through the Service may be subject to “caching” at intermediate locations on the Internet.

Customer Service Policies: The following User Services may be available to you as part of the Service: · General technical support help desk hours are 24 hours a day, 7 days a week, available in US & Canada – 1.866.847.0333

User Information: Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. We have no obligation to monitor the Service. However, you agree that we reserve the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate or protect the Service or others.

You Can Best Control the Risk and Therefore Are Responsible: The rates and fees charged by us reflect the allocation of risk herein and the limited recourse to us provided for in this Agreement. We do not assume any responsibility for your acts or omissions or those of any individual who uses your Account, including without limitation, responsibility for any charges you incur when making purchases or conducting other transactions with the Service. As between us and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

Other disclaimers and limitations: In addition to the other disclaimers and limitations in the Agreement, you acknowledge and agree that you are responsible for the use and compatibility of the Service with any other equipment, software, services and/or other materials (“Third Party Equipment and Services”). We disclaim all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. We and our affiliates, contractors and agents do not warrant the uninterrupted use or operation of the Service or any deliverable provided under the Agreement. The entire risk as to the quality and performance of the Service or any deliverable provided under the Agreement is with you. Further, neither we, ,nor our affiliates, contractors and agents warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to caching at intermediate locations on the Internet when being accessed through the Service. In addition, we, our affiliates, contractors and agents are not liable for: (i) any act or omission of a telecommunications carrier whose facilities are used in establishing connections; or (ii) defamation or intellectual property infringement arising from material transmitted or received over the Service, or arising from combining or using customer-provided facilities with the Service.

Termination and Account Suspension: We may suspend or restrict the Service, at any time without notice, or terminate the Agreement. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

Acceptable Use Policy: The activities described below constitute violations of the Agreement that may result in the loss of your right to use the Service. Our Acceptable Use Policy (“AUP”) prohibits activities that include, but are not limited to, the activities described below. For the purpose of this document, “Internet host” means any computer or electronic device connected to the Internet. You are prohibited from using your Account in conducting activities that include, but are not limited to:

  • Violating the terms and conditions of the Agreement.
  • Transmitting unsolicited messages which, in our sole judgment, cause disruption or elicit complaints from other Internet users. Harassing users or groups in any way.
  • Impersonating users from the Service or any other Internet service providers in any way.
  • Uploading or downloading, transmitting, posting, publishing, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software or other material which is (i) confidential or is protected by copyright or other intellectual property rights without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing.
  • Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
  • Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
  • Using an Internet host’s resources in a manner not authorized by its administrators. This includes mail relaying, and transmitting chain letters, make money-fast or pyramid style schemes of any sort.
  • Posting or transmitting any information or software which contains a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component.
  • Attempting to obtain unauthorized access to any Internet host.
  • Sending threatening or criminal communications.
  • Attempting a Denial of Service attack either via bot or conducted manually.
  • Electronic Mail: While sending electronic mail, you are prohibited from conducting activities that include, but are not limited to:
    • Transmitting identical or substantially similar unsolicited email messages.
    • Promoting or facilitating the transmission of unsolicited email messages.
    • Attaching an excessively long signature to your message.
    • Forging the headers of your email messages in any way.
    • Sending messages to disrupt or cause difficulties in receiving other email.
    • Sending messages with viruses or other disruptive features or attachments.
  • We have a zero tolerance for unsolicited email messages (spam). Actions contrary to the terms of the AUP will result in the suspension and/or termination of your Account and may result in further penalties. You are responsible for any and all actions that originate from your Account.
  • We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer’s bulk “opt-in email list”, and the number of messages a customer may send or receive through the service.
  • Newsgroups / Discussion Forums: While posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
    • Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or frequently-asked questions (“FAQ”).
    • Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ.
    • Posting substantially identical messages to more than 10 newsgroups.
    • Attaching an excessively long signature to your messages.
    • Forging the headers of your postings in any way.
  • Newsgroup and forum postings must comply with the associated charter or FAQ. If a posted message does not fall within the topic or ideals of the discussion identified by the charter or FAQ, at our discretion, it could represent an infraction of the AUP. Users posting messages to newsgroups or forums are responsible for making themselves aware of the rules of conduct, prior to posting.
  • Internet Relay Chat (“IRC”) / Chat: While using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
    • Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
    • Attempting a Denial of Service attack either automated via a bot or conducted manually.
  • Additionally, while using an IRC Server or Internet Chat Service, you must be in full compliance with the rules and regulations set out by the server administrator.
  • Network / Security: In addition to these Policies, while using your Account, you are prohibited from conducting activities that include, but are not limited to:
    • Causing an Internet host to become unable to effectively service requests from other hosts.
    • Running and/or hosting Server Applications including but not limited to HTTP, FTP, POP, SMTP, Proxy/SOCKS, NNTP.
    • Analyzing or penetrating an Internet host’s security mechanisms.
    • Forgoing any part of the transmission control protocol/Internet protocol packet headers in any way.

You are solely responsible for the security of your Account. While connected to the Service, you are prohibited from any act, committed intentionally or through negligence, which may compromise the security of any Internet host in any way.

Users found responsible for violation of this AUP may, at our sole discretion, have their access to the Service terminated and be subject to the application of additional service charges. Also, violation of this AUP may result in criminal and civil liability of you, the User. We will offer full co-operation with law enforcement agencies if their investigation warrants it.

In the event that numerous complaints are received by our staff in regards to any breaches of this AUP or other provision of the Agreement, at our discretion, a processing fee per complaint received in addition to an administration fee may be billed to you and you may be denied access to the Service in the future.

We do not assume liability to any of its Users or other Internet users for failure to enforce the terms of this AUP. As well, we reserve the right to suspend or terminate your Account or deny access to the Service or the granting of future accounts at any time without prior notice.