Terms of Service
Whereas the Department of Residence Life & Dining Services (ResLife) provide the ResNet Service and the Customer wishes to use this Service, the parties agree to as follows:
In this Agreement and attachments, the following words and phrases have the meanings as set out below:
- "ResNet Service," "ResNet" and "Service" mean the related set of ResNet Services described in Section 2.
- "Customer" means a student/faculty/staff who lives in a residence at the University of Wyoming (Residence Halls, UW Apartments, or Honors House) and wants to connect to ResNet.
- "University" and "UW" mean the University of Wyoming.
- "Charges", or “Fees” refers to the fees charged on initiation of the ResNet Service and for trouble shooting services after initiation of service.
- "Service Effective Date" means that date upon which the ResNet Service can first be used by the Customer.
- ResLife agrees to supply to the Customer the ResNet Service in accordance with and subject to the terms of this Agreement.
- The ResNet Service is a set of services which, taken together, allow the transmission of data using the Internet standard data communications protocol,TCP/IP, to or from a Customer's residence connection, to/from other workstations on ResNet, and to/from all national and international networks; in other words,to/from the world wide Internet.
- ResLife does not provide a warranty for this service and is not responsible for damages to components from the use of this service.
3.Requirements and Fees
. The Customer will be expected to provide a compatible computer and approved Network Interface Card at his/her own expense. Questions concerning the appropriateness of a computer or Ethernet card can be directed to firstname.lastname@example.org by calling (307) 766-2989.
- The ResNet Services is included with room/rent fees.
- Customers in the Residence Halls will be provided a cable in the room. If the cable is not in the room upon termination of the housing contract, the customer will be assessed a fee for the replacement of the cable, not to exceed $15.
- Customers in the UW Apartments (River Village, Spanish Walk, Landmark, and Bison Run) must supply a compatible Ethernet cable at his/her own expense.
- The University of Wyoming reserves the right to amend the fee schedule at any time.
Prices for Ethernet cards fluctuate. For current prices please call (307) 766-2989 or email email@example.com.
**COMPENSATION FOR DAMAGES SHALL NOT EXCEED THE COST OF CONNECTION**
4.Service Effective Date and Term of Agreement
- The Service Effective Date is equivalent to the move-in date of the Customer. If the service is not functioning the Customer is asked to call 766-2989 or emailing firstname.lastname@example.org to report the problem.
- This Agreement shall have effect from and after the Service EffectiveDate and shall continue until the end of the term specified on the customer’s contract for those living in the Residence Halls. Those living in the UW Apartments have continuous service for the duration of their lease contract. ResLife reserves the right to suspend or terminate both the Service to Customer and this Agreement if the Customer's use of theService is detrimental to the operation of the service as a whole or if the Customer violates the terms of this Agreement, including but not limited to the violation of UW's guidelines for the proper use of computing and data communications facilities operated by the Division of Information Technology, which can be viewed at Coe Library or by visiting http://www.uwyo.edu/generalcounsel/_files/docs/UW-Reg-3-690.pdf.
. It is the Customer’s responsibility to notify ResNet of a problem with service by calling 766-4357 or emailing email@example.com. An attempt to troubleshoot over the phone may be made based on the exact nature of the problem and the skill level of the ResNet Computer Consultant fielding the call. In the event that the problem can not be fixed over the phone, the Customer will be asked to bring his/her computer to the ResNet Support Center (located in office 160 of the Information Technology Building). If the ResNet Support Center representative determines that there is a problem with the port in the room, a port check appointment will be scheduled with the Customer.
- The ResNet Program provides diagnostic networking support for Customer's computer when attached to the UW computer network, provided the computer meets the minimum requirements set by ResLife as stated on the What it Takes web page located on the ResNet web site.
- National and international services to which ResNet provides access are dependent upon services and communication lines provided by network providers.The Customer agrees that ResLife is not responsible for performance failure caused by or attributable to equipment and communications lines of other wide-area network providers.
6.Termination and Suspension of Service
. ResLife may terminate, restrict, or suspend the provision of the ResNet Service to the Customer if charges are not paid when due, or if the Customer's use is not within UW's guidelines for the proper use of computing and data communications facilities operated by the Division of InformationTechnology, or if the Customer is in violation of any of the terms,conditions, rules, and regulations of the University of Wyoming, the Department of Residence Life & Dining Services, or this Agreement.
- ResLife reserves the right to refuse or terminate Service to the Customer if the Customer's use is deemed by ResLife to have a negative impact on the operation of the Service. This includes, but is not limited to, illegal file sharing, virus attacks, vulnerabilities to security flaws in the Microsoft Windows operating system for which patches are available, and hacking attempts.
- If the Customer's equipment causes problems on the UW computer network, ResLife reserves the right to disable the Service to thatCustomer without prior notice.
- The Customer may terminate this Agreement at any time by disconnecting his/her computer from the ResNet Service.
7.Limitation of Liability
. No action, regardless of form or basis, arising out of this agreement maybe brought by either party more than one year after the cause of action has arisen.
- ResLife makes no warranties or representations, either express or implied, regarding the Service in this Agreement and disclaims any implied warranty of merchantability and that the Service provided pursuant to this Agreement will be fit for a Customer's particular purpose. In particular, ResLife does not guarantee uninterrupted working of the ResNet Service or any telecommunications equipment purchased from ResLife in connection with this Service. COMPENSATION FOR DAMAGES SHALL NOT EXCEED COST OF CONNECTION.
- In no event shall ResLife, UNIVERSITY OF WYOMING, its suppliers, or the technicians working for ResNet be liable, personally or otherwise, for any other damages whatsoever (including without limitation: damages to the customer’s computer, damages for financial loss, research or academic interruption, loss of academic information or other pecuniary or punitive loss) arising out of the use of or inability to use the Service provided by ResLife under this Agreement, even if ResLife has been advised of the possibility of such damages.
- The Customer shall indemnify, hold harmless and defend ResLife, and UW, its Board of Trustees, directors, officers, employees, faculty, staff and agents against all claims (including all legal fees and disbursements), actions, or proceedings including any damages, consequential or otherwise, arising from this Agreement.
8.Terms and Conditions of Use
ResLife makes ResNet available for use in selected residences in support of the educational mission of the University. It is the responsibility of the Customer to use this service appropriately and to comply with all University, State, and Federal laws and regulations. By signing a contract for housing, Customer agrees that:
- Customer equipment connected to the ResNet Service meets minimum ResLife standards and guidelines as described on the What it Takes web page located on the ResNet web site. ResLife is not obligated to provide the Service to a Customer who does not comply with this requirement.
- The Customer's equipment complies with all relevant government standards and regulations, including use of copyright software. Customer equipment is maintained at the Customer's expense.
- The Customer, in using the ResNet Service, is responsible for ensuring that any use does not adversely affect the operation of the Service. In particular, use of ResNet that overburdens the UW computer network is avoided, and the Customer is thoughtful of the needs of other ResNet Customers when he or she is using ResNet.
- All use of ResNet conforms to UW's guidelines for the proper use of computing and data communications facilities operated by the Division of Information Technology, which is available at http://www.uwyo.edu/generalcounsel/_files/docs/UW-Reg-3-690.pdf.
- The Customer also agrees to assist in the investigation of any violation of those guidelines or relevant legal statutes. Use of the University's campus-wide data communications network is subject to the same guidelines. Since this network is an integral part of the worldwide Internet, acceptable use policies from several regional and national Internet service providers are included by reference in Proper use of computing and data communications facilities operated by the Division of Information Technology guidelines.
- Each ResNet connection is intended to provide services through one computer to the resident of the room it is in. There may be only one computer connected to each ResNet port. Customer agrees that the ResNet Service will be used solely for the purposes of the Customer and will not be re-sold and/or used to connect other departments or individuals to ResNet. ResNet services and wiring may not be extended or retransmitted. In particular, commercial use of a ResNet connection is prohibited.
- The Customer is responsible for the proper use of his/her ResNet connection.
- A Customer who violates the provisions of the ResNet terms and conditions of use may be referred to the appropriate agencies for disciplinary action, where he/she is subject to the full range of University and governmental sanctions, depending on the severity of the offense.These sanctions include but are not restricted to:
- Termination of ResNet service without prior notice
- Indefinite suspension of ResNet privileges
- Action by ResLife in accordance with the usual terms governing residence life
- Academic sanction
- Legal sanction
- Legal action through civil court or criminal justice systems
The University of Wyoming does not waive its sovereign immunity or its governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement.
Any actions or claims against the University under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S. 1-39-101 et seq. (1977) as amended.
The parties hereto agree that (i) the laws of Wyoming shall govern this Agreement, (ii) any questions arising hereunder shall be construed according to such laws, and (iii) this Agreement has been negotiated and executed in the State of Wyoming and is enforceable in the courts of Wyoming.
EQUAL EMPLOYMENT OPPORTUNITY
Both parties shall fully adhere to all applicable local, state and federal law regarding equal employment opportunity.
The University’s policy is one of equal opportunity for all persons in all facets of the University’s operations. Equal opportunity is offered to all officers, faculty and staff members, and applicants for employment on the basis of their demonstrated ability and competence and without regard to such matters as race, color, national origin, sex, religion, sexual orientation, political belief, age, veteran status, or disability.
INCORPORATION OF ADDENDA INTO ORIGINAL ARRANGEMENT
The signing of the contract for housing by the customer or representative shall incorporate the Addenda into the original contractual arrangement between and the University of Wyoming. It is further intended that in the event of any inconsistency between the agreement and its other attachments and the Standard Addenda, that the terms of the Standard Addenda be construed as final and binding