Residential Network (ResNet) User Agreement

By using ResNET Services (telephone, cable television, computer network), the student resident (hereafter: User) agrees that use of the PSU Residential Network (hereafter: ResNet) is at User's sole risk.

AVAILABILITY OF SERVICE
PSU may not be able to offer this service to all applicants and is available on first come, first serve basis. No refunds will be offered.

LIMITED WARRANTY
User expressly agrees that use of ResNet is at User's sole risk. Neither PSU, its employees, affiliates, agents, third-party service providers or the like, warrant that the use of ResNet will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of ResNet or as to the accuracy, reliability or content of any information or service provided through the ResNet.

The ResNet, and related information and files are provided on an "as is," "as available", basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. PSU is not responsible for service outages or loss of service due to issues beyond its control. No oral advice or written information given by PSU, its employees, agents (including User representatives or guides), third-party service providers or the like, shall create a warranty; nor shall User rely on any such information or advice.

The views and opinions expressed through ResNet in discussions, whether in public or private conferences and forums, or through private electronic messages, represent solely the views of the individual User posting the file or message and are not endorsed by PSU or its administrators, officers, directors or employees.

LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall PSU, or anyone else involved in creating, producing or distributing ResNet be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ResNet, including, but not limited to, reliance by a User on any information obtained on the ResNet; or that result from mistakes, omissions, interruptions, deletion of files ore-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to PSU's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content or services available through ResNet.

In no event shall the total liability of PSU, or its employees, affiliates, agents or third-party service providers, for any damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate amount of the subscription paid by the User for access to ResNet, less a proportionate amount respecting usage in the time period for which the subscription was paid, in the year in which the damages were incurred. The foregoing provisions of this Limitation of Liability are for the benefit of PSU, its employees, directors, affiliates, agents and third-party service providers, and each shall have the right to assert and enforce the provisions directly on their own behalf.

The User hereby acknowledges that PSU cannot control the content of messages or files posted by other Users, and agrees that PSU is not liable for the content of such messages. Without limiting the generality of the foregoing, the User acknowledges that private electronic mail messages are solely the responsibility of the individual sending or posting the message.

PRIVACY
Privacy Notice: Pursuant to the Electronics and communications Privacy Act of 1986, Title 18, United state side, Sections 2510 and following, notice is hereby given that there are no facilities provided by PSU for sending or receiving private or confidential messages. The User hereby agrees that the system operators, or their assigns, may read all messages left by any User whether or not they are the intended recipients.

The User acknowledges that while PSU will endeavor to ensure that private messages are kept private and requires from its administrators, officers, directors and agents that all such private communications be kept confidential, that circumstances may arise in which PSU cannot ensure that information contained in private electronic messages will be kept confidential. The User agrees that PSU, its officers, directors, employees and administrators are not liable for any loss of privacy or confidentiality of private messages, howsoever caused.

INDEMNIFICATION BY USER
The User agrees to indemnify and hold PSU and its directors, administrators, officers, employees and third-party service providers harmless against any claims and expenses, including reasonable attorney's fees, arising from the User's use of ResNet or a violation of this User agreement, which causes damage to any third party. In particular, the User acknowledges that the User has full civil and criminal responsibility for the content of each message posted by the User. In the event that the User posts message(s) or file(s), whether to public or private conference forums, or through private electronic mail, that may be in violation of the PSU Acceptable Use Policy or the laws of the State of New Hampshire or of the United States, the User agrees that PSU may remove such message or file, and such conduct constitutes grounds for the termination of RESNET services.

COPYRIGHT
The User acknowledges the laws of intellectual property rights in any material accessed using ResNet, and agrees to respect those laws. Failure to abide by the laws of intellectual property may result in academic and/or civil action against the User.

ETCETERA
The User may not assign, transfer, loan, rent, lease, license or sublicense User's subscription to, and/or right to use, ResNet.

ENFORECMENT
PSU reserves the right to terminate, without notification, any User who fails to abide by the Acceptable Use of Computer Resources Policy and this User Agreement.

MEDIATION/ARBITRATION
Any dispute or controversy between the parties relating to this Agreement shall be settled by the Campus Judicial Process, pursuant to the governing policies, rules and procedures of Plymouth State College, the University System of New Hampshire, and Local, State, and Federal Laws.

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