1.1 Subject to availability and to this agreement, CUUG shall permit the User to use CUUG's facilities, equipment, User accessible programs and networks, and any other facilities offered by CUUG (herein referred to as "the CRC") for the storage and execution of the Users programs and data within the terms and conditions specified hereinafter.
1.2 CUUG shall assign a UserID and a "password" to enable the User to obtain access to the CRC. For security purposes the user shall have the right to change the password at any time and shall do so immediately on the first use of the CRC, when requested to do so by CUUG, and at regular intervals.
1.3 The User shall be solely responsible for maintaining the security of the UserID and password, and for preventing their unauthorized use. The User shall be responsible for all use of the CRC by anyone using the UserID. If the User shall become aware, or suspect, that any unauthorized person has obtained or attempted access through the UserID or to the User's account, program, or data, then the User shall forthwith notify CUUG and change their password.
1.4 The UserID shall be used only by the User and the User shall not make the UserID available to any third party.
1.5 The User shall use the CRC in a proper and prudent manner and according to any operating instructions provided by CUUG.
1.6 The User shall have sole responsibility for the preparation of their programs and data. CUUG, its directors, employees, sponsors and agents shall not be responsible for any fault or error in the User's programs or any programs provided through CRC.
1.7 The User acknowledges that CUUG is a volunteer organization and that the CRC may be subject to unscheduled and unannounced outages and breakdowns which may not be rectified promptly.
1.8 In the event of the failure or breakdown in the CRC, or of the loss or spoiling of the User's programs or data, CUUG may use reasonable efforts (having due regard to the volunteer nature of CUUG) to make the CRC available for use again and may restore the User's programs or data from any backup which may be available. CUUG makes no warranty that either will be restored. The User assumes full responsibility for backing up their own files.
1.9 Article 1.8 states the entire liability of CUUG for any loss or spoiling of the User's programs or data. CUUG, its directors, employees, sponsors, and agents shall not be liable for any loss or damage sustained by the User or any third party, directly or indirectly, as a result of the failure or breakdown of the CRC or fault in the programs provided by CUUG or for any other cause.
1.10 CUUG may limit in any way the User's access to the CRC. CUUG may exercise this discretion arbitrarily, unequally, and unreasonably. Without restricting the generality of this discretion, CUUG may limit the hours of access to each User in any manner, may limit the amount of storage and memory available to the user, and may restrict the use of the CRC for commercial purposes.
1.11 CUUG reserves the right to refuse access to any User for any reason.
2. Improper Use
2.1 The User shall not:
2.1.1 seek, by any means whatsoever, information regarding the personal identification, or password of any other User of the CRC or any network to which the User may be permitted access;
2.1.2 obtain or seek to obtain access to or interfere with any programs or data maintained by CUUG except as permitted by CUUG;
2.1.3 obtain or seek to obtain access to or interfere with any network made available by CUUG except as specifically permitted by the policies of the network (which form part of these terms and conditions). Without limiting the generality of the foregoing, the User shall not access the INTERNET except in accordance with the INTERNET Agreement nor will they access the NSFNET except in accordance with the NSFNET Acceptable Use Policy;
2.1.4 obtain or seek to obtain access to any other User's programs or data except with the explicit authorization of the other User;
2.1.5 knowingly develop or use programs which adversely effect or impact on other Users, the CRC, or any Network;
2.1.6 use, transmit, or store anything obscene, offensive, or defamatory;
2.1.7 utilize the CRC for any purpose which is contrary to the laws of any government having jurisdiction over CUUG or the User; and
2.1.8 engage in any other activity which CUUG determines in its unfettered discretion to be Improper Use of the CRC.
2.2 The User agrees to indemnify CUUG, its directors, employees, sponsors and agents against any loss, damage, or liability (including legal costs on a full indemnity basis) which may be sustained or incurred as a consequence of the User's failure to comply with this agreement whether the failure is attributable to the User or to some other person using the User's account with or without permission of the User.
2.3 CUUG may without notice terminate any Users privileges for any breach of this agreement.
2.4 The User shall indemnify CUUG against any claim by a third party for alleged infringement of any copyright or any other intellectual property rights which arises as a result of the storage or processing of any of the User's programs or data at the CRC.
2.5 The User's programs shall be and shall remain the property of the User. Notwithstanding, CUUG may in its discretion make and keep backups and examine the User's programs, data, printed output, or other media in connection with its investigation of malicious disruption of computer services and of breaches of this agreement either by the User or by any other person.
3.1. CUUG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND NO REPRESENTATIONS, OR STATEMENTS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON CUUG AS A WARRANTY OR OTHERWISE.
3.2 These terms and conditions may be amended by CUUG at any time by giving notice to the User by electronic mail or by publishing the amendment in the CUUG newsletter.
3.3 Any discretion, option, decision, or opinion by CUUG shall be sufficiently exercised or formed if exercised of formed by or subsequently ratified by CUUG's system administrator or any other person or persons designated by CUUG's directors.
Name: __________________________________Phone: Home :___________ Office: __________ Fax: ____________
Home [ _ ] Office [ _ ] Address: ____________________________________ City: ___________ Postal Code:_________
I am 18 years of age or older and acknowledge and agree to abide by the above terms and conditions.