Terms and Conditions of Proxy Server Usage
1. Service
2. Acceptable Use of Service
3. Term and Termination
4. Your Responsibilities
5. Other Providers/Services
6. Indemnification
7. Limitation of Warranties and Liability
8. Your Remedies
9. Supplied Software
10. Reservations by UofL
11. General Provisions
1. Service -- Proxy server is defined as the means of access to technology services or resources which require the user to be part of the louisville.edu domain such as authorized research databases and electronic journals provided by University Libraries for UofL students, faculty, administrators, or staff members using non-UofL Remote Plus internet access (including, but not limited to UofL.net Remote Standard, @Home, America Online, NetZero, Mindspring, etc.) While this proxy server does not include an electronic mail (e-mail) mailbox, computer account, disk space, World Wide Web page storage, or other similar services, access to the proxy server will require that you have a valid ULink account through the University of Louisville. For the remainder of this agreement, the term Service will be used to identify the proxy server service outlined in this section.
2. Acceptable Use of Service -- The Service may be used to gain access to technology services or resources such as research databases and electronic journals which would otherwise be restricted due to domain restrictions. Use of the Service is intended for university related (e.g., instructional, research, service, and professional) purposes. This Service is intended for individual use. In no case is use of this Service permitted to be used (1) in support of 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 disrupt or to gain unauthorized access to any other attached systems or networks. Interpretation, application, and any future modification of the Acceptable Use of Service for the proxy server is at the sole discretion of UofL. Use of this service is subject to applicable policies, procedures, and standards relative to the use of technology services and resources provided or made available by UofL. Questions about any issue arising under this Acceptable Use of Service section should be directed to the Security and Account Management team in 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 and loss of use of technology services or resources. It could also result in appropriate disciplinary action in accordance with the appropriate UofL policies regarding use of UofL technology services.
3. Term and Termination -- This agreement will begin from the date of your first use of the service. 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 violations(s) of Acceptable Use of the Service) or applicable UofL policies, procedures or standards. This agreement automatically terminates when you no longer have a relationship with UofL (e.g., graduation or termination of employment.) This could occur if (1) you leave UofL under any conditions which result in your loss of status as an employee or student of UofL; (2) for students, upon graduation or withdrawal from UofL, (3) for employees, if you leave UofL's employment (voluntarily or you are terminated). The provisions of sections 4-11 will survive any termination of this Agreement.
- 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 this Service and that you will not transfer or disclose either your DCE account username or password or the proxy configuration file location to any other person.
- b) Only Proper Usage. You agree to abide by the acceptable use provisions outlined in Section 2 above. You further agree not to use the facilities and capabilities of this Service to conduct any business or activity (for profit or nonprofit). You agree to comply with all applicable laws, rules and regulations and UofL 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 Security and Account Management team of Information Technology to report improper or inappropriate activities. (E-mail:asksamit@louisville.edu)
- c) Security of Access Codes/Passwords. You are responsible for maintaining the confidentiality of your DCE account password and the location of the proxy configuration file 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, and/or proxy configuration file location. You agree to notify the Security and Account Management team of Information Technology of any breach (or potential breach) of confidentiality of password(s), access code(s), and/or proxy configuration file(s) location.
- d) Hardware and Software Requirements. You understand that you are responsible for providing the hardware (e.g., desktop or portable computer, modem, appropriate cables) and necessary internet account (UofL.net Remote Plus, America Online, Gateway.net, etc.) which will allow you access to the internet. The UofL Libraries will supply access to the proxy server as specified in Section 7; however, you are responsible for providing any additional software needed for your equipment or particular needs.
5. Other Providers/Services -- From this Service, you may access content, information resources, and services provided by the University of Louisville (UofL Related Services). In addition, you may access research databases and electronic journals provided by other parties on the Internet/WWW (Other Services.)Some of these services (UofL Related Services and Other Services) may be provided without charge to users of this Service. 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 Related Services and Other Services) are beyond U of L'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 Related Services and Other Services. You understand that you assume the risk and liability of your use of UofL Related 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 the UofL harmless for 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 transmission carried by UofL by this Service.
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 non-performance of the Service will be for UofL to use reasonable efforts to effectuate an adjustment or repair to the Service.
9. Supplied Software -- You are supplied no software as a part of this Agreement. You are responsible to obtain any software necessary to access the internet.
10. Reservations by UofL -- UofL reserves the right to protect its Service users from communications which violate the provisions of the Section 2 Acceptable Use of Service. 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 U of L 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.
- 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) Complete Agreement. This Agreement and any modification(s) to this Agreement (as outlined above) constitute the entire agreement between the UofL and you with respect to this Service and supersede all other communications and agreements with regard to this Service.