Network Access Service - Terms and Conditions

The Network Access Service (NAS) is not a raw Internet connection but a managed service offering authenticated access to the University Network via wired or wireless technologies.
IT Services reserves the right at its sole discretion from time to time to modify the Service.
IT Services cannot in any way guarantee that the University Network, national, and international networks will be available for use at all times or without interruption. Of particular note is the JANET At Risk Period.
The User shall not make their NAS connection available to third parties in any way other than by physical use of the User's System in the Connected Location. Non-physical use includes, but is not restricted to, provision of services by wired or wireless networks or by telephony connections.
The User accepts and agrees that a breach of this Contract (which includes a breach of conditions for any associated network as defined above), may result in immediate withdrawal of the Service from the User. The User accepts and agrees that by breach of this Contract they may also be liable for disciplinary action by the University.
The User accepts and agrees that IT Services reserves the right to firewall and restrict certain network traffic for the purpose of ensuring the security of the NAS and other University networks.
The User accepts and agrees that IT Services or its designated agents may monitor network traffic or log files for the purposes of:

IT Services provides and maintains the NAS infrastructure up to and including the data outlet or wireless access point. Responsibility for any equipment beyond the outlet or access point resides with the User.
The User agrees and acknowledges that the User is responsible for correctly installing and configuring the options, settings and parameters of their System.
The User shall not attempt to download or distribute copyright material in breach of relevant licence conditions.
The User accepts and agrees that they shall be held responsible for any breach of this Contract or Regulations carried out by others with the use of their NAS connection.
The User is responsible at all times for the security of their accounts, passwords, data and system. IT Services cannot be held responsible or liable for any loss or damage to data, intellectual property or equipment connected to the NAS network.
Wherever practicable, the User shall ensure that their System is virus free and has an up-to-date and working virus checker installed. Any System found to be infected may be disconnected from the Service without notice.
The User shall not attempt to bypass network security or run any software designed to open unauthorised channels through the firewall. This includes but is not limited to software designed to tunnel traffic through HTTP proxies.
The User undertakes to abide by the following regulations and policies:

Any equipment connected to the Service shall not be configured to publish applications or services to third parties on the NAS network, University network or the Internet. The following is a non-exhaustive list of services that are not permitted to be run on the Service: BOOTP, DHCP, DNS, Web, and proxying. If the User is unsure about the use of a particular piece of software, the User shall contact IT Services before using the software.
The User shall only configure their system to use the Network Address allocated to it.
The User accepts that in order to ensure compliance with the above regulation, IT Services or its designated agents shall monitor network traffic and may probe any device connected to the Service.
The User warrants that any equipment connected to the Service shall not be used for monitoring network traffic. Any User found to be undertaking such activity shall be liable for disciplinary action by the University and may be liable for prosecution under law.

IT Services may vary this Contract or the Service from time to time. Changes to the Contract will be published on the master copy of this document available on http://www.york.ac.uk/it-services/connect/nas/terms/. Changes to the Service will be published electronically and made available at http://www.york.ac.uk/it-services/connect/nas/terms/changes/.

Nothing in this Contract shall limit IT Services' liability for death or personal injury from its negligence or that of its employees, agents of contractors whilst acting in the course of their employment.

The Service shall mean the Network Access Service. The Network Access Service (NAS) is the provision of network infrastructure in Connected Locations enabling managed access to the University Network.
The Connected Location is defined as an area where IT Services has provided a NAS wired connection or where there is a signal from a wireless access point.
The User shall mean the person whose username has been specified in the electronic authentication.
An appropriate Ethernet Connection is defined as a network interface compatible with the technology available at the Connected Location.
A Network Address is the unique address allocated by IT Services which identifies the User’s System on the NAS.
The “JANET At Risk Period” is the period of time determined by UKERNA when the JANET network may not be available. As of April 2008 this is defined as Tuesday mornings between 0700 and 0900.

The parties to this contract do not intend any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
The User may not assign or transfer this Contract or any rights under this Contract without prior written consent of IT Services.
If any provision of this Contract shall be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
This Contract embodies all the terms agreed between the User and the University relating to the transactions hereby contemplated and supersedes all previous agreements, representations, assurances and arrangements.
No waiver by either IT Services of any failure by the other to observe or perform any provision of this Contract shall be deemed a waiver of any preceding, succeeding or continuing breach of such provision or of any other provision of this Contract.
This Contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.