Email & Remote Access-Index & Description 
Titan Internet Access Terms & Conditions
1. TITAN ACCESS SERVICE
2. ACCEPTABLE USES
3. TERMINATION
4. USE OF OTHER PROVIDERS/SERVICES
5. INDEMNIFICATION
6. LIMITATION OF WARRANTIES AND LIABILITY
7. SUBSCRIBER REMEDIES
8. SUPPLIED SOFTWARE
9. LIMITATION OF LIABILITY
10. RESERVATIONS BY CAL STATE FULLERTON
11. GENERAL PROVISIONS
This Agreement ("Agreement") is by and between the Titan Access subscriber ("Subscriber") and California State University, Fullerton ("Cal State Fullerton" or "University").
1. TITAN ACCESS SERVICE
Titan Access is a service offered by Cal State Fullerton to its students, faculty and staff that provides direct graphic/multimedia access to University technology resources and electronic mail/computer accounts, web pages in the “fullerton.edu” domain, and a graphic/multimedia interface to Internet/World Wide Web sites outside the “fullerton.edu” domain.
Titan Access provides several local telephone numbers in the Southern California metropolitan area. For a listing of these telephone numbers, follow this link .
2. ACCEPTABLE USES
a. Purpose
Titan Access exists to facilitate exchanges of information that support and are consistent with Cal State Fullerton’s Mission & Goals. Use of Titan Access is limited to instructional, research, service and/or professional activities associated with the Subscriber’s relationship to Cal State Fullerton.
b. Access
The Subscriber acknowledges that Titan Access does not, and is not intended to, provide a dedicated, continuous connection 24 hours per day. Details concerning access to Titan Access are provided at in the TIA program FAQs . These details are incorporated in and made a part of this Agreement.
c. Payment
Titan Access may be paid for using cash, credit card, personal check, money order or cashier's check. Payment is due after subscribing to Titan Access. All payments are made in advance, and the first payment will cover any remaining days in the month, if any, and each full month thereafter for the period designated. No partial refunds will be made when a Titan Access subscription is canceled or terminated during the middle of a month. The Subscriber’s obligation to pay continues until his/her subscription is either canceled or terminated.
d. Individual Use
Titan Access is intended for the Subscriber’s individual use. The Subscriber agrees to comply with all applicable laws and University policies, procedures and regulations.
e. Commercial Use
Titan Access may not be used without prior authorization from the University President or designee to conduct any business or commercial activity or enterprise, whether for profit or not-for-profit, or to provide such services to others. Titan Access also may not be used to solicit the performance of any activity prohibited by law.
f. Subscription Security
The Subscriber acknowledges that he/she is responsible for maintaining the confidentiality of his/her PIN or other access codes given/assigned in connection with Titan Access. The Subscriber agrees that he/she will be the only user of his/her Titan Access subscription and PIN and will not transfer or disclose either the subscription or PIN to any other person. The Subscriber further agrees to notify titanadmin@www.access.fullerton.edu of any breach or potential breach in the confidentiality of a subscription or PIN.
g. Subscription Activity
The Subscriber agrees that he/she is responsible for any and all activity originating from his/her Titan Access subscription or any service accessed through his/her Titan Access subscription, whether or not the Subscriber authorized the activity.
h. Prohibited Expression
The Subscriber agrees not to use Titan Access to send fraudulent, harassing, defamatory, obscene, indecent, profane, intimidating, or other unlawful messages, and to refrain from targeting an individual or entity with the intent to cause distress, embarrassment, unwanted attention, or other discomfort.
i. Objectionable Materials
The Subscriber acknowledges that certain content or services which may be accessed by or through Titan Access may contain material unsuitable for individuals under 18 years of age. The Subscriber understands that it is his/her responsibility to acquire any software or implement any techniques or processes necessary to limit access to sites, content and/or services accessible by or through Titan Access which he/she finds objectionable or inappropriate.
j. Intellectual Property
The Subscriber agrees not to make, use, store, or transmit illegal copies of copyrighted software. The ability to connect to other systems through Titan Access does not imply the right to connect to or to make use of these systems unless properly authorized by system owners. Because electronic information is volatile and easily reproduced, the Subscriber agrees to exercise care in acknowledging and respecting the work of others through strict adherence to software licensing agreements and copyright laws.
k. Hardware and Software Requirements
The Subscriber agrees that he/she is responsible for securing a telephone line and for utilizing hardware that meets or exceeds the minimum configuration requirements as specified at the TIA FAQ page . While the University will supply the software specified in Section 8; the Subscriber agrees to be responsible for providing any additional software needed for his/her equipment or particular needs.
l. Use of Supplied Software
The Subscriber agrees to abide by any license agreement regarding the software specified in Section 8. Moreover, the Subscriber agrees to comply with the provisions of Section 8 in the event the University terminates the subscription, he/she cancels his/her subscription, or he/she no longer meets Titan Access eligibility requirements. The Subscriber further agrees not to copy or to distribute copies of the software specified in Section 8.
m. Resource Allocation
The Subscriber agrees not to (1) obstruct or impair the availability of resources used to provide Titan Access, or attempt to do so, (2) run or install programs intended to damage or to place excessive load on Titan Access, (3) distribute unwanted mail and or take any action that may cause excessive network traffic or computing load, or (4) hoard resources in such a way as to interfere with the operation of Titan Access.
n. System Integrity
The Subscriber may not (1) obstruct or impair the availability of resources used to provide Titan Access or attempt to do so, (2) supply false or misleading information or identification for the purpose of using Titan Access or any associated resource or attempt to do so, or (3) repeatedly try to log on to services or accounts without proper authorization.
o. Notification of Changes
The Subscriber agrees to notify titanadmin@www.access.fullerton.edu of any changes in his/her registration information. The Subscriber further agrees to check regularly his/her designated E-mail account for messages and notifications regarding Titan Access. The Subscriber understands that if he/she fails to check regularly his/her designated E-mail account, any right of notification of modifications regarding Titan Access and the terms and conditions of this Agreement has been waived.
3. TERMINATION
This Agreement is in effect from the date of registration until either the Subscriber or Cal State Fullerton terminates this Agreement. This Agreement may be terminated if any of the following occur: (1) the Subscriber no longer meets Titan Access eligibility requirements, (2) the Subscriber violates this Agreement, and/or (3) the Subscriber requests that his/her Titan Access subscription be canceled after sending appropriate notice to titanadmin@www.access.fullerton.edu.
A Subscriber may appeal a decision to terminate to the University’s Director of Telecommunications. No refunds will be made for partial months when a subscription has been terminated for any of the preceding conditions.
4. USE OF OTHER PROVIDERS/SERVICES
The Subscriber acknowledges that the reliability, availability and performance of resources on the Internet/World Wide Web are beyond the control of Cal State Fullerton and are not in any way warranted or guaranteed by Cal State Fullerton. The Subscriber also acknowledges that safeguards relative to intellectual property, decency, reliability, and integrity of content may be lacking, and he/she assumes the risk and liability associated with any service accessible through Titan Access.
5. INDEMNIFICATION
The Subscriber agrees to defend, indemnify and hold Cal State Fullerton and its officers, employees, agents and representatives harmless for all claims (1) of loss or damage, including reasonable attorney’s fees, arising from the Subscriber’s use of Titan Access or from the use by anyone to whom the Subscriber permitted access, including but not limited to claims for libel, slander, invasion of privacy or infringement of intellectual property rights or other proprietary rights, (2) of any defective product or any injury or damage to a person, including loss of life, or property caused by any of the products sold or services provided or otherwise distributed through or in connection with Titan Access, (3) arising from combining or connecting Titan Access with equipment or systems furnished by the Subscriber or third parties, and (4) resulting from the Subscriber’s violation of any applicable law, regulation and/or policy.
6. LIMITATION OF WARRANTIES AND LIABILITY
THE SUBSCRIBER EXPRESSLY AGREES THAT THE USE OF TITAN ACCESS IS AT HIS/HER SOLE RISK. CAL STATE FULLERTON DOES NOT WARRANT THAT TITAN ACCESS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CAL STATE FULLERTON MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF TITAN ACCESS.
TITAN ACCESS IS DISTRIBUTED ON AN “AS IS,” “AS AVAILABLE,” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
CAL STATE FULLERTON DOES NOT ASSUME ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE LOSS OR DAMAGES SUFFERED BY THE SUBSCRIBER OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF TITAN ACCESS, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH TITAN ACCESS. THE SUBSCRIBER FURTHER AGREES THAT HE/SHE WILL NOT HOLD CAL STATE FULLERTON RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH TITAN ACCESS.
7. SUBSCRIBER REMEDIES
The Subscriber’s sole and exclusive remedy for any failure or nonperformance of Titan Access will be for Cal State Fullerton to use reasonable efforts to amend or restore his/her Titan Access subscription. In the event such downtime exceeds ninety-six (96) consecutive hours, at the discretion of Cal State Fullerton, the Subscriber will receive a pro-rata credit of additional time equal to the period of downtime either for a future period or against any charge otherwise payable to the University for Titan Access.
8. SUPPLIED SOFTWARE
The Subscriber is granted a non-exclusive, non-transferable license to use the remote access software (as specified at http://www.access.fullerton.edu/softlist.html) so long as the Subscriber meets Titan Access eligibility requirements, maintains his/her relationship with Cal State Fullerton and abides by the terms and condition of this Agreement. For any software supplied for use with Titan Access, the Subscriber agrees to be bound by and to comply with the terms and conditions of the applicable software license which was provided to the Subscriber with the software.
As some of the software provided is only available to Cal State Fullerton students and employees, in the event that the University terminates the subscription, the Subscriber cancels his/her subscription, or the Subscriber no longer meets Titan Access eligibility requirements., the Subscriber agrees that he/she will either (1) stop using the software and delete if from his/her computer system/storage, or (2) acquire a legitimate license to use the software from the appropriate licensor/owner.
Cal State Fullerton makes no representations or warranties with respect to the supplied software for any particular purpose or with respect to its adequacy to produce any particular result.
9. LIMITATION OF LIABILITY
In the event that a court should hold that the limitations of liabilities, warranties, or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of the Subscriber’s remedies under this Agreement fail of their essential purpose, the Subscriber expressly agrees that under no circumstances will Cal State Fullerton’s total liability to the Subscriber or any party claiming by, through or under the Subscriber, for any cause whatsoever, and regardless of the form of action whether in contract or tort, including negligence, in the aggregate, exceed the amount of charges paid by the Subscriber under this Agreement during the twelve-month period preceding the date such claim first arose.
10. RESERVATIONS BY CAL STATE FULLERTON
As deemed necessary at its sole discretion, in compliance with applicable laws and policies, Cal State Fullerton reserves the right to review and access a Titan Access subscription, including but not limited to electronic mail.
11. GENERAL PROVISIONS
a. Force Majeure
Cal State Fullerton is not responsible for any delay in the performance or delivery of any of its duties set forth in this Agreement due to acts of God, fire or other catastrophe, electrical, computer or mechanical failure, work stoppage, acts or omission of third parties not within its control or other occurrence(s) commonly known as “force majeure.”
b. No Assignment or Transfers
The Subscriber may not transfer or assign his/her right to use Titan Access to any other person.
c. Time Limitation for Bringing Claims
No action, regardless of form, arising out of Titan Access or this Agreement may be brought more than one year after the cause of action has arisen.
d. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of California. The Subscriber agrees and expressly consents to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving Titan Access.
e. No Waiver
The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach of failure by the other party will not construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party.
f. Severability
If any provision of this Agreement is held invalid, unenforceable or void, the remainder of this Agreement will not be affected and will continue in full force and effect.
g. Modifications to Agreement
This Agreement may be modified, as well as interpreted and applied, at the sole discretion of Cal State Fullerton upon notice to the Subscriber through his/her by E-mail account. The modification(s) may include but are not limited to discontinuation or revision of any or all aspects of Titan Access including assignment to another provider of Titan Access.
If a Subscriber determines that he/she cannot agree to the modification(s), the Subscriber agrees to stop using Titan Access and to cancel Titan Access. The Subscriber understands and agrees that continued usage of Titan Access following notice of any modification(s) to this Agreement constitutes acceptance and agreement to abide by the terms and conditions of the modified Agreement.
h. Violations
Violation(s) of this Agreement may be grounds for termination of a Subscriber’s Titan Access subscription. It may also result in disciplinary action in accordance with the appropriate University policies and procedures.
i. Complete Agreement
This Agreement and any modification(s) to this Agreement constitute the entire agreement between Cal State Fullerton and the Subscriber with respect to Titan Access and supersede all other communications and agreements with regard to Titan Access.
Updated: 10/26/2009 1:16:51 PM
