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SUNY Plattsburgh Network Terms of Service


These Terms of Service (the "Terms") govern your use of the State University of New York College at Plattsburgh ("College" or “SUNY Plattsburgh”) network services ("Service"), which is provided to you in connection with a college-sanctioned activity.  Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, please do not use the Service.

Description of the Service

The Service is provided by the College either directly or through College Auxiliary Services (“CAS”) and may be offered via a wired Ethernet connection as part of a managed network (the "Wired Internet Service") or through wireless (“Wi-Fi”) using an IEEE 802.11 standard.   To access the network, users must have a device that is compatible with the specific Wi-Fi equipment deployed at the location. The College generally does not support IEEE 802.11b or earlier Wi-Fi protocols.

The Service is intended for the limited purpose of assisting with access to the public Internet for e-mail and web browsing, or other purposes consistent with these Terms and the terms of any revocable permit granted by the College, if applicable.

Because the Internet consists of multiple interconnected networks and most Internet end points (e.g., websites and other content providers) are not directly connected to SUNY Plattsburgh’s network, the College must connect to and exchange traffic with other networks to provide its users the capability of uploading data to or downloading data from Internet end points that are connected to those networks.    Like the other networks that make up the Internet, SUNY Plattsburgh’s is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among the College’s users. The College manages this network for the benefit of all users based on a variety of factors, and its technical expertise. The College therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.

Modifications to the Service / Updates to the Terms

The College reserves the right to, at any time and from time to time, modify, suspend, or discontinue, temporarily or permanently, any function or feature, or combination thereof, of the Service with or without notice.  The College shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

These Terms may be updated or changed from time to time.  The College will provide notice of changes in the Terms in any manner acceptable by law, including by posting them to our website.  Your use of the Service, following updates or changes to these Terms, constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your use of the Service immediately.

Operational Limits of the Service

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities operated by the College and the College’s Internet Service Provider (“ISP”).   There is no guarantee of bandwidth or connection speed.

Your connection speed may not be suitable for some applications, particularly those involving real-time or near real time, high-bandwidth uses such as video streaming or video conferencing.  You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that the College will not be liable for such interruptions.  You further understand and agree that the College has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of the College.  The College will not be liable for any failure of performance, if such failure is due to any cause beyond the College’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by third parties, you or your equipment.

Shared Use of Network Bandwidth

Network connectivity is provided by the College for the benefit of the campus community.  It is common practice that the Internet connection is shared between both general purpose and operational traffic.  In some instances, operational traffic may be prioritized to ensure critical communications, such as credit card processing, are not impacted by general Internet usage.  This prioritization may intermittently impact the speed available.

Security Warning

The unsecured nature and ease of connection to Wi-Fi hotspots increases the risk that unauthorized persons can access your phone, laptop or other device or your communications over the Wi-Fi network.  You should take precautions to lower the security risks. If you have access to a virtual private network (VPN), the College recommends that you connect through it for increased security. The college also encourages you to observe standard security practices.  You should ensure that: computer hard drives are not shared; laptops have firewall protection; and security software is installed, functional and updated on your device. The College recommends that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect through known Wi-Fi hotspots.  The College is not responsible for any loss…

Information/Password Security

You agree to keep confidential any log-in ID and password provided to you by the College or CAS, and are solely responsible for any liability or damages resulting from your failure to maintain such confidentiality.  You are also solely and fully responsible and liable for all activities that occur during your use of the Service. You agree to immediately notify the College if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of the Service.

Third Party Content Disclaimer/ Links to Third Party Sites

Content provided by Third Party Providers ("Third Party Content") has not been independently authenticated in whole or in part by SUNY Plattsburgh.  The College does not provide, sell, license, or lease any of the Third Party Content other than those specifically identified as being provided by the College.  This Service may be linked to other websites which are not under the control of and are not maintained by the College. The College is not responsible for the content of those sites.  SUNY Plattsburgh may provide these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement or support by SUNY Plattsburgh, the State University of New York, or the State of New York of those sites.

Privacy Policy

Any data provided to or collected by SUNY Plattsburgh in the performance of the Service is subject to the SUNY Plattsburgh privacy policy available at:

https://www.plattsburgh.edu/about/offices-divisions/administration-finance/management-services/campus-handbook/section-ix-legal-compliance/website-privacy-policy.html

Data Collection

The following applies whenever you connect to or your device communicates with the Campus network:

Location

When you connect to or your device communicates with the Campus network, the Campus network generates records that are specific to the device and sometimes specific to the location of the device.  By using this Service, you consent to the collection, use, and disclosure of the information as discussed below and in the SUNY Plattsburgh Privacy Policy. For example, the College may use the information to assess and improve service performance.

Web Browsing

When you connect to the Service, the College is routing your traffic from the Campus Network to the Internet via Internet Service Provider(s).  We may also enable certain technologies intended to improve your experience, maintain network security, and/or optimize network utilization that may generate records regarding the websites you visit and search terms you enter while using the Service.  We do not gather information from secure connections such as VPN or HTTPS. By using this Service, you consent to our collecting this information. You also agree and consent to our using the information as discussed below and in the SUNY Plattsburgh’s Privacy Policy.

Other Terms and Conditions

ACCEPTABLE USE POLICY

Use of the Service is subject to the terms and conditions of the SUNY Plattsburgh Responsible Use of Technology Policy ("AUP")  available at:

https://www.plattsburgh.edu/about/offices-divisions/administration-finance/management-services/campus-handbook/section-x-library-information-technology/responsible-use-of-technology-policy.html

You agree to comply with all terms of the AUP while utilizing the Service.

Indemnity

You agree to indemnify and hold harmless The State of New York, the State University of New York, and SUNY Plattsburgh, College Auxiliary Services, and their respective subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees of each from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of the AUP; and (d) your violation of any rights of another.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE".  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COLLEGE AND THE THIRD PARTY PROVIDER DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v)QUALITY, (vi)ACCURACY, (vii)TIMELINESS, (viii) COMPLETENESS, (ix)TITLE, (x)QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF THE COLLEGE OR CAS IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY THE COLLEGE, CAS, THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY LAW.

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST SUNY PLATTSBURGH FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOSS OF BUSINESS, LOST REVENUE, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE.

Compliance with Data Security and Privacy Laws and Standards

By using the Service, you acknowledge that the College is providing the Service as a benefit and you are solely responsible for complying with applicable data security and privacy laws and standards, including, but not limited to, Gramm-Leach-Bliley ACT (“GLBA”), the Health Insurance Portability and Accountability Act (“HIPAA”), the Family Educational Rights and Privacy Act (“FERPA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), the Fair Credit Reporting Act (“FCRA”), the Children’s Online Privacy Protection Act (“COPPA”), the New York State Information Security Breach and Notification Act (“NYISBNA”) and the  Payment Card Industry Data Security Standards (“PCI DSS”).

General

These Terms of Service could include inaccuracies or typographical errors.  All matters arising out of or relating to these Terms shall be governed, construed and enforced in accordance with the laws of the State of New York, without reference to its choice of law rules or principles.  Unresolved disputes arising from the implementation of these Terms shall be heard in a New York Court with competent jurisdiction to adjudicate such matters. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.

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