This Agreement defines the terms and conditions of the UHCL SCE departments services offered free of charge to current students and alumni. To register for hosting you must read and agree to be bound by all terms and conditions of this Agreement and any policies published by the UHCL SCE department.
This Agreement becomes effective after your hosting application has been approved and your account is created. The UHCL SCE department may modify this agreement at any time and you will be bound by that modified Agreement unless you decide to terminate your services.
IN NO EVENT SHALL UHCL SCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF UHCL SCE SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE UHCL SCE'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OR UHCL SCE SERVERS) OR OTHERWISE, EVEN IF UHCL SCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLLOW THE LIMITAATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, UHCL SCE'S LIABILITY IS LIMITED TO THE EXTEND PERMITTED BY LAW.
You agree to indemnify, defend and hold UHCL SCE and its affiliates, directors, officers, exmployees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorney's fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto UHCL SCE's servers.
UHCL SCE reserves the right to suspend or terminate the Services to you and remove or prevent access to any UHCL SCE servers at any time, without prior notice or liability, for any conduct that UHCL SCE, in its sole discretion, belives violates this Agreement or is otherwise harmful to our interestes or the interests of other users.
UHCL SCE also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to UHCL SCE servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or respresentations described in this Agreement.
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uplaoded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawly material through the Services. Example of unlawful material include, but are not limited to, threats of physical harm, child pronography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on UHCL SCE servers without the consent of the copyright holder.
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on our servers or any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Example of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, UHCL SCE reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. UHCL SCE will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System abuse includes any use of UHCL SCE resources that disrupts the normal use of its servers or services for others. Example of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a UHCL SCE server without prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of our services.
To report a violation of this AUP for a student, faculty, or staff account please contact a Research Assistant with a detailed report of problem including any documentation you may have.
This AUP was last updated February 20, 2007 by Henning Seljenes. The most up-to-date version of this document should be available from the following address: http://sce.uhcl.edu/hosting/aup.html.