1. Service.

UofL.net Remote means the University of Louisville's (UofL) direct graphical/multimedia access service to the UofL's campus technology resources including its intranet. This provides access to UofL electronic mail (E-mail)/computer accounts and web pages in the "louisville.edu" domain. This also provides access to the Internet/World Wide Web (WWW) network via text-based browser(s) available from a general use UofL computer account. UofL.net Remote does not include a graphical/multimedia interface to the Internet/WWW outside the "louisville.edu" domain. This service is for remote communications access to UofL campus technology resources. The access service is provided via the Point to Point Protocol (PPP). The service may be accessed by dialing a local telephone number in the Louisville metropolitan area.

UofL.net Remote Plus includes all services of UofL.net Remote and additionally includes direct graphical/multimedia access to Internet/WWW resources (those outside the "louisville.edu" domain.)

While this service (UofL.net Remote or UofL.net Remote Plus) does not include electronic mail (E-mail) mailbox, computer account, disk space, World Wide Web page storage, or other similar services; these may be available to you as an employee or student of UofL.

For the remainder of this Agreement, the term "Service" (bolded) will be used to identify the service outlined in this section (both UofL.net Remote and UofL.net Remote Plus unless noted to the contrary.)

2. Acceptable Use of Service.

The Service is to be used to facilitate the exchange of information in support of (and be consistent with) the research, instruction and service mission of the University of Louisville. Use of the Service is intended for remote access to UofL campus technology resources and access to the Internet/WWW (and its associated resources) for university related (e.g., instructional, research, service and professional) purposes. Incidental use for personal or non-UofL related purposes (e.g., occasional transmission of E-mail to a friend or family member, sporadic/infrequent viewing of WWW pages for personal entertainment) is permitted.

This Service is intended for individual use. It is not intended that this Service would provide a dedicated connection for 24 hours per day. In no case is use of this Service permitted to be used (1) to run a business or commercial enterprise (either for profit or nonprofit) or (2) to be a provider of such services to others.

This Service is not to be used to transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be highly offensive to the recipient thereof. This Service is not to be used to disrupt or to gain unauthorized access to any other attached systems or networks. Chain letters, SPAM (messages broadcasted to large numbers of people), or any illegal schemes or activities are prohibited.

Additional explanation and details regarding acceptable use are provided at http://www.louisville.edu/it/dialup/usageg.html .  These guidelines and limitations are incorporated and made a part of this Agreement.

Interpretation, application, and any future modification of the Acceptable Use of Service section are at the sole discretion of the University of Louisville. Questions about any issue arising under this Acceptable Use of Service section should be directed to the Office of Information Technology when an issue is first identified.

Violation(s) of the terms of this Acceptable Use of Service section may be grounds for termination of this Agreement. It could also result in appropriate disciplinary action in accordance with the appropriate University of Louisville policies and procedures regarding use of University of Louisville technology services.

3. Term and Termination.

This Agreement for the use of the Service will be in effect from the date of your registration until either you or UofL terminates the Agreement. The Agreement and your use of the Service may be terminated either by UofL or you at any time by written notice to uoflnet@louisville.edu. It may also be terminated or restricted by UofL at any time with or without notice for any default or breach of this Agreement (including violation(s) of Acceptable Use of the Service) or applicable University of Louisville policies. Your rights to appeal such a decision will be given to you at that time. It may also be terminated upon termination of your relationship with UofL (e.g., graduation or termination of employment.) This Agreement will be terminated if any of the following conditions occur: (1) you leave UofL under any conditions which result in your loss of status as an employee or student of UofL; (2) for students; those who withdraw from UofL or who do not re-enroll, (3) for employees; if you leave UofL's employment (voluntarily or you are terminated); (4) you violate the terms and conditions of this Agreement, or (5) you request that the Service be canceled by use of the appropriate electronic form(s). No refunds will be made for partial months when a subscription is terminated for any of the preceding conditions. The provisions of sections 5-12 will survive any termination of this Agreement.

4. Your Responsibilities.

a. Individual Use.

You agree that you are acquiring this Service for your own individual use. You agree that you will be the only user of your account ID and password for this Service and that you will not transfer or disclose either your account ID or password to any other person.

b. Payment Responsibility.

i. For both UofL.net Remote and UofL.net Remote Plus Subscribers
You agree that you are responsible for any and all usage of the Service and any other services accessed through this Service on your account whether or not authorized by you. You further agree that you are responsible for paying for any other services you may incur (whether or not authorized by you) by other providers accessed through connection to this Service.

ii. For UofL.net Remote Plus Subscribers only

You agree to pay for this Service in accordance with the method of payment selected by you at the time of signing up for this Service (or by the method selected by you upon subsequent modification.) You understand that no partial refunds are made when service is canceled or terminated during the middle of a month. You understand your obligation to pay will continue until the subscription is terminated in accordance with Section 3 Term and Termination above.

(1) Payment by credit or debit card. You understand that the monthly service fee for UofL.net Remote Plus is payable in advance and is not refundable in whole or in part if service is canceled during the month. If you are paying by credit or debit card, you agree to abide by the applicable terms and conditions of the credit card or debit card agreement.

(2) Payment by payroll deduction. If you are paying by payroll deduction, you understand that the deduction is made "in arrears" rather than in advance for the monthly service fee.

(3) Payment by interdepartmental transfer via the University's Financial Records System (FRS). If you are paying by interdepartmental transfer, you are responsible for obtaining authorization to charge the FRS account prior to selecting this payment option. You understand that with this payment option the monthly fee will be charged "in arrears" rather than in advance.

c. Only Proper Usage.

You agree to abide by the acceptable use provisions outlined in Section 2 above. You agree not to transmit or publish on or over this Service any information, software or other content which violates or infringes the rights of any others. You further agree not to use the facilities and capabilities of this Service to conduct any business or activity (for profit or nonprofit) nor solicit the performance of any activity which is prohibited by law. You agree to comply with all applicable laws, rules and regulations and University of Louisville policies applicable to this Service. You acknowledge that you are aware that certain content or services accessible by or through this Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of this Service by any minors whom you permit to use this Service. You understand that it is your responsibility to acquire any software or implement any techniques or processes necessary to limit access to sites, content, or services (accessible by or through this Service) which you find objectionable or inappropriate.

You may contact the Office of Information Technology Computer Security and Account Management group to report improper or inappropriate activities. (You may use the E-mail form at http://www.louisville.edu/it/dialup/mail.samit.html.)

d. Security of Access Codes/Passwords.

You are responsible for maintaining the confidentiality of your password or other access codes you are given/assigned in conjunction with this Service. You are liable for any harm resulting from disclosing or allowing disclosure of any password/access code. You agree to notify the Office of Information Technology of any breach (or potential breach) of confidentiality of password(s)/access code(s).

e. Notification of changes.

You agree to notify Information Technology of any changes in your registration information by using the appropriate electronic form(s). You further agree to regularly check E-mail messages at your UofL Preferred E-mail Address (PEA) for messages and notifications regarding this Service. You understand that if you fail to check your Preferred E-mail Address (PEA), you have waived your right of notification of modifications regarding this Service and the terms and conditions of this Agreement.

f. Hardware Requirements.

You understand that you are responsible for providing the hardware (e.g., desktop or portable computer, modem, appropriate cables) which meets or exceeds the minimum configuration requirements as specified on the General Information page and a telephone line.

5. Other Providers/Services.

From this Service, you may access content, information sources, and services provided by the University of Louisville ("UofL Related Services") as well as its employees and students ("UofL Affiliated Services.") In addition, you may access content, information sources, and services provided by other parties on the Internet/WWW ("Other Services.") Some of these services (UofL Related Services, UofL Affiliated Services, and Other Services) may be provided without charge to users of this Service, but separate and additional charges may be applicable for some services (UofL Related Services, UofL Affiliated Services, and Other Services.) Some of these providers (including UofL) may have additional registration or eligibility requirements in order to use their services. You understand that the reliability, availability and performance of resources accessed on the Internet/WWW through this Service (UofL Affiliated Services and Other Services) are beyond UofL's control and are not in any way warranted or guaranteed by UofL. You acknowledge that safeguards relative to intellectual property or other proprietary rights (e.g., copyright, ownership), decency, reliability, and integrity of content may be lacking with respect to UofL Affiliated Services and Other Services. You understand that you assume the risk and liability of your use of UofL Affiliated Services and Other Services accessible by this Service.

6. Indemnification.

You are responsible for the content of any transmission over this Service. You agree to indemnify and hold UofL harmless for (1) all claims of loss or damage (including reasonable attorneys' fees) arising from the use of this Service (by you or anyone to whom you have permitted access to this Service) including claims for libel, slander, invasion of privacy or infringement of intellectual property rights or other proprietary rights (e.g., copyright) arising out of the content of any message or transmission carried by UofL by this Service, (2) all claims of any defective product or any injury or damage to a person or property caused by any of the products sold or services provided or otherwise distributed through or in connection with this Service, (3) all claims arising from combining or connecting this Service with equipment or systems furnished by you or third parties, and (4) your violation of any applicable law.

7. Limitation of Warranties and Liability.

YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK. UOFL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES UOFL MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THIS SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS," "AS AVAILABLE," BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. UOFL DOES NOT ASSUME ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THIS SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE BY USING THE SERVICE PROVIDED BY THIS AGREEMENT. YOU FURTHER AGREE THAT YOU WILL NOT HOLD UOFL RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THIS SERVICE.

8. Your Remedies.

Your sole and exclusive remedy for any failure or nonperformance of the Service will be for UofL to use reasonable efforts to effectuate an adjustment or repair to the Service. In the event such downtime exceeds ninety-six (96) consecutive hours, to receive a pro-rata credit of additional time for a future period or against any charges otherwise payable for the Service for the period of Service downtime at the discretion of UofL.

9. Limitation of Liability.

In the event that a court should hold that the limitations of liabilities, warranties, or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances will UofL's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.

10. Reservations by UofL.

UofL reserves the right to protect its Service subscribers from communications which violate the provisions of the Section 2 Acceptable Use of Service including but not limited to the right to block mass E-mail solicitations (e.g., junkmail, SPAM). UofL, as a general rule, does not access or disclose the contents of private communications of this Service, unless it in good faith believes that such action is necessary (a) to comply with applicable law or valid legal process (e.g., search warrant or court order), (b) to protect the rights or property of the University of Louisville, or (c) in emergencies when UofL believes that (i) physical safety is at risk, (ii) the continued operation of this Service or other UofL services is in jeopardy, or (iii) the security of this Service or other UofL services is in jeopardy.

11. General Provisions.

a. Force Majeure.

UofL is not responsible for any delay in performance or delivery of any of its duties in this Agreement due to acts of God, fire or other catastrophe, electrical, computer or mechanical failure, work stoppage, acts or omissions of third parties not within its control or other occurrence(s) commonly known as force majeure.

b. No Assignments or Transfers.

You may not transfer or assign your right to use this Service to any other person.

c. Time Limitation for Bringing Claims.

No action, regardless of form, arising out of this Service or this Agreement may be brought by you (or any party claiming by, through, or under you) more than one year after the cause of action has arisen.

d. Governing Law and Jurisdiction.

This Agreement and this Service will be governed by the laws of the Commonwealth of Kentucky. You agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Kentucky in connection with any dispute or claim involving this Service.

e. No Waiver.

The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party will not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party.

f. Severability.

If any provision of this Agreement is held invalid, unenforceable or void, the remainder of the Agreement will not be affected and will continue in full force and effect.

g. Modifications to Agreement.

This Agreement may be modified by UofL upon notice to you by electronic-mail (E-mail) to your UofL Preferred E-mail Address (PEA) (as determined by you prior to initiation of this Service or modified by you from time to time). The modification(s) may include (but are not limited to) discontinuation or revision of any or all aspects of the Service including assignment to another provider of this Service. Should you determine that you cannot agree to the modification(s), you agree to stop using this Service and to cancel this Service. You understand and agree that continued usage of this Service following notice to you of any modification(s) to this Agreement constitute your acceptance and agreement to abide by the terms and conditions of the modified Agreement.

h. Complete Agreement.

This Agreement, the Computer Account Usage Agreement (governing use of your UofL computer account), and any modification(s) to this Agreement (as outlined in e above) constitute the entire agreement between UofL and you with respect to this Service and supersede all other communications and agreements with regard to this Service.

© 1997 University of Louisville

Terms Ver 09 January 3, 1997