Whereas UBC IT and the Student Housing and Community Services ("SHCS") provide the ResNet Service and Customer wishes to use this Service, the parties agree 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 who lives in a residence at the University of British Columbia and wants to connect to ResNet.
- The "University" and "UBC" mean the University of British Columbia.
- "Service Effective Date" means that date upon which the ResNet Service is first used by the Customer.
- "Patch Cord" means an electrical cable with or without a separate Splitter, the whole designed to connect to the Customer's telephone jack and permit the simultaneous use of a telephone and computer from that jack.
2. Service Description
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 worldwide Internet.
UBC IT agrees to supply to Customer the ResNet Service in accordance with and subject to the terms of this Agreement.
3. Requirements and Fees
The Customer will be expected to provide a compatible computer and approved Network Interface Card at his/her own expense. New Customers may need to purchase a patch cord and, if living in Thunderbird Residence, a splitter, from UBC IT
If the Customer wishes to change the location of the ResNet connection in his/her room, there will be a charge of $90. There will also be a charge to re-activate the Customer's port if the Customer has been found to be violating the Appropriate Use of Information Technology guidelines (see item 4, below); the fee will depend upon the severity of the offense.
UBC IT reserves the right to amend the fee schedule from time to time.
4. Service Effective Date and Term of Agreement
This Agreement shall have effect from and after the Service Effective Date and shall continue until the customer moves out of the residence where the Service was being provided, or until the Customer notifies UBC IT that the service is no longer desired. UBC IT reserves the right to suspend or terminate both the Service to Customer and this Agreement if the Customer's use of the Service 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 UBC's guidelines for the Appropriate Use of Information Technology, which can be found on our Security Policies page.
The UBC IT Service Centre provides diagnostic networking support for Customer's computer when attached to ResNet, providing the computer is compatible with the requirements set out by UBC IT as stated on the What You Need to Use ResNet form. The Service Centre will not provide support for software used for purposes other than connecting to ResNet, unless the Customer also uses other services supported by the Service Centre, such as Interchange and Netinfo.
National and international services to which ResNet provides access are dependent upon services and communication lines provided by BCnet, CA*net Networking Inc. and other network providers. The Customer agrees that UBC IT is not responsible for performance failure caused by or attributable to equipment and communications lines of other wide-area network providers.
6. ResNet Maintenance
Planned maintenance and network changes to ResNet are scheduled between 6 a.m. and 8 a.m. daily, when the network may be unavailable. Advance notice of downtime will be provided as reasonably as circumstances permit.
7. Termination and Suspension of Service
UBC IT may terminate, restrict or suspend the provision of the ResNet Service to Customer if fees are not paid when due, or if Customer's use is not within UBC's guidelines for the Appropriate Use of Information Technology, or if Customer is in violation of any of the terms and conditions within this Agreement.
UBC IT reserves the right to refuse or terminate Service to Customer if Customer's use is deemed by UBC IT to have a negative impact on the operation of the Service.
If Customer's equipment causes problems on ResNet, UBC IT reserves the right to disable the Service to that Customer without prior notice. Should problems with the ResNet service be traced to Customer equipment, software and/or cabling, the Customer agrees to pay for fault analysis. The Customer may make separate arrangements with UBC IT to provide maintenance, consulting and repair to Customer equipment.
Customer may terminate this Agreement at any time by notifying UBC IT in writing.
No refunds of any fees will be made in the event of termination of the Service.
8. Limitation of Liability
No action, regardless of form or basis, arising out of this agreement may be brought by either party more than one year after the cause of action has arisen.
UBC IT makes no warranties or representations, either expressed 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, UBC IT does not guarantee uninterrupted working of the ResNet Service or any telecommunications equipment purchased from UBC IT in connection with this Service.
In no event shall UBC IT, UBC, or its suppliers be liable for any other damages whatsoever (including without limitation, 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 UBC IT under this Agreement, even if UBC IT has been advised of the possibility of such damages.
The Customer shall indemnify, hold harmless and defend UBC IT, and UBC, its Board of Governors, 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.
9. Terms and Conditions of Use
UBC IT and Housing make 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, Provincial, and Federal laws and regulations.
By using ResNet, Customer agrees that:
- Customer equipment connected to the ResNet Service is compatible with the UBC IT standards and guidelines as described on the What You Need to Use ResNet form. UBC IT 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 and cabling 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 ResNet and/or the campus 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 UBC's guidelines for the Appropriate Use of Information Technology, available on our Security Policies page.
- The Customer also agrees to assist in the investigation of any violation of those guidelines or relevant legal statutes. Use of UBCnet, the University's campus-wide data communications network, is subject to the same guidelines. Since UBCnet is an integral part of the worldwide Internet, acceptable use policies from several regional and national Internet service providers are included by reference in the Appropriate Use guidelines.
It should be noted that some faculties and departments have their own policies governing computing and networking. In some cases, Customers are required to sign forms confirming their understanding of and agreement to abide by such policies.
- 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 and/or a fee to reinstate them
- action by Housing in accordance with the usual terms governing residence life
- academic and/or legal sanction