Fraternity/Sorority Network Access Service Agreement

Definitions and Service Description

The University of Wyoming Data Network (called hereafter NETWORK) is a data communications network operated by the University of Wyoming Division of Information Technology for the students, faculty and staff of the University of Wyoming. The network provides for data exchange between computer systems connected to the UW network and provides access to computers and systems worldwide via links to the "Internet".

NETWORK access will be provided via an Ethernet switch installed in each Fraternity or Sorority. For purposes of this contract, the Fraternity or Sorority is considered as the Subscriber. The resident(s) who are the owners of a computer(s) connected to the network are responsible for all hardware and software on the connecting computer(s).

Support and Responsibilities

Information Technology is responsible for maintenance of the Ethernet switch, the network, and the fiber connection between the Ethernet switch and the network.

Each Fraternity and Sorority will be responsible for ALL internal building cabling including jumper cables that connect to the Ethernet switch. Internal building cabling must be category 5 UTP cable that conforms to EIA/TIA 568-B telecommunications standards and local and national electrical codes and must be installed by a qualified electrical contractor. Houses may wish to contract with UW Telecommunications for this service.

Each Fraternity and Sorority will be responsible for ALL computer hardware and software on computers that are connected to the network.

Requirements and Fees

A monthly fee of $100 will be charged for the connection of each Fraternity or Sorority building. Houses may request disconnection at any time. There is a $45 fee to reconnect.

Each Fraternity or Sorority must maintain current account balances or the service connection will be disconnected, affecting all residents.

Although individual room connections to the Ethernet switch are the responsibility of each house, UW telecommunication personnel are available for an hourly charge (currently $35/hour) to assist with internal connections to the switch.

The connection fee does not cover support. Computer hardware and software is the responsibility of the each Fraternity or Sorority. UW computer consultants are available for assistance for an hourly charge (currently $35/hour).

Service Effective Data and Term of Agreement

Network access will normally be available to a Fraternity/Sorority building within a few days after a contract is finalized. Billing will not begin until network access is functional and will be prorated for the initial month. This agreement may be terminated by either party with a thirty day written notice.

Conditions

Access to the NETWORK is granted based on University Regulations (UniRegs, including UniReg 690), local, state and federal laws, and Internet acceptable use policies. These laws, regulations, and policies include but are not limited to:

• The SUBSCRIBER may not make available via the NETWORK to others any material that is pornographic or violates local, state or federal law including copyrights.
  
• The SUBSCRIBER may not utilize the connection to the NETWORK for commercial purposes, personal gain or charge for any access to any part of the NETWORK or the SUBSCRIBER'S computer hardware/software while it is connected to the NETWORK.
  
• The SUBSCRIBER may not sell/ re-sell access to the NETWORK, INTERNET or any other service via the SUBSCRIBER'S connection to the NETWORK.
  
• The SUBSCRIBER may not allow access to the NETWORK to any person who is NOT a student, faculty or staff member of the University of Wyoming.
  
• The SUBSCRIBER is responsible for all use of the computer(s) even though the SUBSCRIBER may not have been the person(s) actually using the computer at a given time.
  
• The SUBSCRIBER is responsible for ensuring that any use does not adversely affect the operation of the NETWORK. Use of the NETWORK for entertainment purposes (such as interactive gaming, the transfer of video or audio files) may be limited or restricted by the University.

The UNIVERSITY of WYOMING, INFORMATION TECHNOLOGY, and the administrators of the NETWORK may, in the course of network maintenance or abuse investigation, monitor data traffic over the NETWORK to/from any computer on the NETWORK.

NETWORK connections found to be adversely affecting the operation and performance of the NETWORK may be disconnected without prior notification to the SUBSCRIBER.

Violation of these Conditions may result in termination of the SUBSCRIBER'S NETWORK access and/or punishment under University Regulations and/or civil criminal prosecution.

Limitation of Liability

• INFORMATION TECHNOLOGY 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, INFORMATION TECHNOLOGY DOES NOT GUARANTEE UNINTERRUPTED WORKING OF THE NETWORK SERVICE OR ANY TELECOMMUNICATIONS EQUIPMENT PURCHASED FROM INFORMATION TECHNOLOGY IN CONNECTION WITH THIS SERVICE. COMPENSATION FOR DAMAGES SHALL NOT EXCEED COST OF CONNECTION.
  
• IN NO EVENT SHALL INFORMATION TECHNOLOGY, UNIVERSITY OF WYOMING, ITS SUPPLIERS, OR THE TECHNICIANS WORKING ON THE NETWORK BE LIABLE, PERSONALLY OR OTHERWISE, FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION: DAMAGES TO THE SUBSCRIBER'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 INFORMATION TECHNOLOGY UNDER THIS AGREEMENT, EVEN IF INFORMATION TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  
• The SUBSCRIBER shall indemnify, hold harmless and defend Information Technology, 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.

STANDARD ADDENDA

Sovereign Immunity

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.

Governmental Claims

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.

Interpretation

The parties hereto agree that (I) the laws of Wyoming shall govern this Agreement, and (ii) any questions arising hereunder shall be construed according to such laws, (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, religion, sex, national origin, disability, age, veteran status, sexual orientation or political belief.

 * This contract must be filed with the IT Telecom Help Desk in room 326, ITC.