Terms of service

Revisions

  1. 1 May 2015 - Release of terms of service

This agreement details the terms of service on which the wireless Internet access point named "WiFi Name TBC" ("the service") is provided free of charge to you on the Australian National University (ANU) campus. The service is provided by the ANU for research purposes relating to WiFi. Your access to the service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this agreement, actions that may lead to liability for the ANU, disruption of access to other users or networks, and violation of applicable laws or regulations. The ANU reserves the right to monitor and collect information while you are connected to the service and that the collected information can be used at the discretion of the ANU. The ANU also reserves the right to withdraw the service, or change the specifications necessary to access the service.

The ANU may revise this agreement at any time. You must accept this agreement each time you use the service and it is your responsibility to review it for any changes each time.

By agreeing to the terms of service detailed below, I accept the terms and conditions as the basis of my use of the wireless Internet access point provided.

If you do not agree with these terms, including future changes, do not access or use the service.


1. Disclaimer

You acknowledge that

  1. the service may not be uninterrupted or error-free;
  2. that your device may be exposed to viruses or other harmful applications through the service;
  3. that the ANU does not guarantee the security of the service and that unauthorised third parties may access your computer or files or monitor your connection;
  4. that the ANU's ability to provide the service without charge is based on the limited warranty, disclaimer, and limitation of liability;
  5. that the ANU can at any point block access to Internet services that they deem violate these terms.
The service and any products or services provided on or in connection with the service are provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by the ANU, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.


2. Acceptable use of the service

You must NOT use the service to engage in activities or disseminate materials that

  1. are defamatory, threatening, intimidating, or could be seen as harassment;
  2. are obscene, profane, or abusive;
  3. are pornographic, sexually explicity, or arousing;
  4. are offensive or derogatory regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
  5. infringes intellectual property rights;
  6. adversely affect other users of the service;
  7. invades another's privacy;
  8. are otherwise unlawful or inappropriate;
  9. illegally access computers, accounts, or networks belonging to another party, or penetrate security measures of another system;
  10. distribute Internet viruses, Trojans, or other destructive/malicious software;
  11. are commercial activity; or
  12. constitute criminal activity in Australia or in any country in the world.
We recommend that you do not use the service to transmit or receive any confidential information or data; you do so at your own risk.

In the case of criminal activity, we may be required to provide assistance and information to law enforcement, governmental agencies, and other authorities.


3. Limitation of liability

  1. Under no circumstances will the ANU, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the guest or its appointees (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
  2. You agree to indemnify and hold harmless the ANU and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This section will not be construed to limit or exclude any other claims or remedies that the Academy may assert under this Agreement or by law.
  3. This agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
  4. The ANU's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall waive or impede the ANU's right to comply with law enforcement requests or requirements relating to your use of this service or information provided to or gathered by the academy with respect to such use. This agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the academy with respect to its subject matter and supersedes all prior writings or understanding.


4. ANU wireless network access policies

This service functions uses some aspects of the ANU wireless networks, which have additional policies. These policies also apply to this service and accepting these terms also means accepting the ANU policies.


5. Ethics protocol

The function and purpose of this service has been approved by the ANU Ethics Committee under the ethics protocol number "2015/038".

Updated:  18 June 2020/Responsible Officer:  College Dean /Page Contact:  ANU Cybercrime Observatory Webmaster