1. Access
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. General
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: ____________
email:___________________________________________________________________
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.
Signed___________________________________ Date______________