This is an agreement between members of the Lewis community and Lewis University regarding use of the Internet, on-campus network, Web Page, Course Management Systems, Student Information System, and other electronic systems run for or by Lewis University (collectively, “Lewis University Information Services”) and the provision of such services. By using Lewis University Information Services, you are consenting to be bound to the terms of this Lewis University Information Services Acceptable Use Policy (this “Agreement”).
- Unlawful Use of Lewis University Information
Services. You may not use, or permit the use of, Lewis University Information Services for unlawful purposes. In order to fulfill this obligation, you may not transmit, post or receive certain material, including but not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations (“Law”). Moreover, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright (including music and videos) or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; (iii) transmit any unsolicited bulk e-mail (also known as "spam”), (iv) engage in a for-profit activity over the network, or (v) use any software without applicable licenses. You agree to indemnify and hold Lewis University harmless from and against any and all claims, damages, losses, and expenses (including attorneys' fees and expenses) actually or allegedly arising out of your use of Lewis University Information Services, whether or not such use is found to be in violation of Law.
- Daily Data Transfer Limits. You agree to limit the amount of data you transfer to and from the Internet to a combined maximum total of one (1) gigabit per day. Should you go over that limit, Lewis University reserves the right to limit the bandwidth of your connection to the Internet or take other means to reduce your data transfers. If bandwidth limiting or other means do not succeed in reducing your Internet data transfers to below the daily limit, Lewis University may, at its sole discretion, terminate your access to Lewis University Information Services.
- Public Servers and Routers.You agree to not operate public servers or routers on the Lewis University network. For the purposes of this Agreement, a public server is defined as a computer that may readily be accessed by the general public for the purpose of viewing, sharing, downloading or uploading files. Public servers include peer-to-peer sharing. Each network appearance is for the connection of ONE computing device and is not to be used for multiple devices or to provide wireless access.
- Access to Other Networks. Anytime you access another network through Lewis University Information Services, you must comply with that network's rules and acceptable use policies. You agree to indemnify Lewis University and hold it harmless from and against any and all claims, damages, losses, and expenses (including attorney's fees and expenses) actually or allegedly arising out of your access of any other networks. For security reasons, some Internet ports are blocked and will not be opened for non-academic use.
- Control Over Content. . Lewis University provides access to various forms of content that are available over the Internet. Lewis University reserves the right (but does not assume the responsibility) to block or limit access to general categories of content or Internet ports that Lewis University deems in its sole discretion to be harmful, offensive, or otherwise in violation of this Agreement. Lewis University shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access of others through your account or connection. By using Lewis University Information Services, you acknowledge receiving this warning and will not hold Lewis University responsible for language, opinions, discussions or graphics which may be viewed on the Internet. Lewis University has no obligation to monitor the Internet or any service offered via the Internet. However, you agree that Lewis University has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any Law, to operate its services properly, or to protect itself or its other users.
- Protection of Password and Liability of Charges Incurred. You are responsible for the protection of your login name and password and agree not to share or allow use of your password by any other person. Lewis University has no responsibility for any charges incurred through the use of any login name and password, including any Lewis University login name or password that may be issued. You are responsible for all such charges. If your Lewis University password is compromised, immediately contact the Lewis University Helpdesk (815-836-5950).
- WARRANTY AND LIABILITY LIMITATIONS. LEWIS UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. LEWIS UNIVERSITY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEWIS UNIVERSITY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE USER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE LEWIS UNIVERSITY INFORMATION SERVICES IS AT YOUR OWN RISK. LEWIS UNIVERSITY MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. LEWIS UNIVERSITY IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES.
- Additional Information Regarding Use of Lewis University Information Services. . As a user of Lewis University Information Services, you may be assigned an IP address. This address is controlled by Lewis University and may be provided to you during the time that you use Lewis University Information Services. Any IP addresses assigned to you are controlled by Lewis University and are not transferable to any other party. In addition, you agree to configure your computer in the manner determined to be appropriate by Lewis University, to install all required software, and to keep all university-required software up-to-date.
- Miscellaneous. Lewis University reserves the right to modify this Agreement from time to time upon posting an updated version of this Agreement at [url or intranet location]. Continued use of Lewis University Information Services constitutes acceptance of modifications made to this Agreement. In addition to any other available remedies, Lewis University may suspend your access to and/or terminate your access to any Lewis University Information Services immediately and without notice, if you engage in any conduct or activities that Lewis University, in its sole discretion, believes are in violation of this Agreement. If you engage in any activities which cause damage to Lewis University or its suppliers, Lewis University reserves the right to pursue a legal claim against you, including monetary damages to address losses that may occur. Nothing contained in this Agreement shall be construed to limit Lewis University’s rights and remedies, and Lewis University hereby reserves all such rights and remedies which may be available to it at law or in equity.
- Enforceability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with Law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Lewis University's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Lewis University Information Services and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Approved by Technology Approval Council on May 3, 2010.