Terms and Conditions

Terms and Conditions of Use for the Hornet Service

You are granted permission to access the Hornet Service, which is provided by the University without charge, for the duration of your stay in the Halls of Residence on the condition that you comply with the following terms and conditions of use (Terms of Use).

If you do not agree to accept and be bound by these Terms of Use, you should not access or continue using the Hornet Network. Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted a variation after it has been posted.

NOTE: The following Terms of Use are subject to change at any time. Any changes will be posted on our website: https://hornet.manchester.ac.uk/terms-and-conditions/

Computer Misuse Act 1990:

You are reminded that breaches of the Computer Misuse Act 1990 may constitute a criminal offence. Breaches include hacking, copyright abuse, obtaining and using other peoples' passwords without authority and unauthorised modification of computer material.

Definitions

  • Data Connection means the data connection to the internet provided and supported by the Hornet Service.
  • Hornet Service means the data service provided by the University that offers a high speed data connection to the University network. The service (i) offers access to internal and external resources including the internet and the University's services; (ii) will allow you to add devices to the University’s eduroam wifi that may not otherwise work effectively; (ii) will allow you to share content between devices; and (iv) will allow you to add other usernames to your account so other users can share content with you. You will receive a fully functioning University IP address and can access the same resources as available from the University controlled clusters on campus.
  • Hornet Support Team means the nominated individuals at the University who are responsible for providing the Hornet Services.
  • Special conditions means any further conditions applicable to the use of one or more Data Connections by you, as notified to you in accordance with paragraph 5 below.
  • University means The University of Manchester, an exempt charity registered with Royal Charter No: RC000797, with its administrative address at Oxford Road, Manchester, M13 9PL, referred to also in these Terms of Use as “we” or “our”.

I agree to abide by the following terms of use when using the Hornet Service:

  1. To use the Data Connection and the Hornet Service only in accordance with these terms and to notify promptly the Hornet Support Team of any breach of its terms in writing or of any infringements of the Data Connection or Hornet Service of which I become aware.
  2. To always seek permission in writing therefore before any normally prohibited services such as computer servers are setup, irrespective of whether or not this is for legitimate academic purposes.
  3. To only use the Hornet Service for the purposes of not-for-profit research or personal educational development. To obtain permission prior to using part or all of the Data Connection for commercial purposes by contacting the Hornet Support Team in order to obtain the appropriate permissions. Unless such prior permission is obtained for use of the Data Connection for commercial purposes, the operation of personal businesses and companies over the Data Connection is prohibited.
  4. Not to use the Hornet Service to gain unauthorised or illegal access to data. This includes downloading, emailing, distribution or redistribution of any material of a pornographic, offensive or illegal nature.
  5. To abide by any Special Conditions notified to me from time to time by the Hornet Support Team that may apply to the access to, or use of, the Data Connection. Notice of further conditions under this paragraph may be given to me by electronic means, for example, by way of emails.
  6. To access the Data Connection, in whole or in part, only in my personal capacity and not to allow others to access the Data Connection.
  7. To ensure that the means of access to the Data Connection and personnel equipment (such as passwords) are kept secure and are not disclosed to any third party.
  8. To preserve at all times the confidentiality of information relating to the Hornet Service where the information is not in the public domain.
  9. To notify the Hornet Support Team of any errors discovered with the Data Connection and/or the Hornet Service via the Hornet support portal.
  10. That any personal data submitted is accurate to the best of my knowledge, and that any changes in that personal data, including my educational status, will be made known to the Hornet Support Team at the earliest possible opportunity.
  11. Not to allow any other user to access my Data Connection (using any wired or wireless method).
  12. Not to connect hardware or run software that will allow multiple devices to simultaneously use my Data Connection , this includes wired and wireless routers.
  13. In areas where the University has made wireless access available, to disable any wireless software hotspot setup on my computer.
  14. I agree to abide by The University of Manchester code of practice (Regulation XVII – Conduct and Discipline of Students a copy of which can be found here: https://documents.manchester.ac.uk/display.aspx?DocID=6530) and the JANET Acceptable Use Policy with regard to the use of computers and the academic network, a copy of which can be found here: https://community.jisc.ac.uk/library/acceptable-use-policy .
  15. I understand that the use of BitTorrent software applications on the University's Hornet Network which are used for the download or sharing of copyrighted material for which I do not hold the copyright could result in legal action being taken against me from the rightful copyright holders.
  16. Furthermore, I understand that BitTorrent traffic is blocked on the Hornet Services.

In addition to the above, I understand that I am bound by the following conditions while using the Hornet Service:

  1. I understand that my access may be terminated, or its terms altered, by a member of the Hornet Support Team after 30 days' notice has been given to me of the termination or alteration.
    1. The University oversees and monitors the usage of the Hornet Service and the University's network facilities as a whole. Under exceptional circumstances the University is authorised to inspect any items of computer equipment on site (including the data & services running on them). In such cases I will be required to cooperate with the inspection.
    2. Misuse will result in the immediate termination of my access to the Hornet Service. Misuse includes abusing any sharing functionality that the Hornet Service gives you. Disconnection due to my misuse of the network facilities including, but not limited to, those contained in these Terms of Use will be regarded as a serious disciplinary matter within the Halls of Residence and the University. It may also result in disciplinary action being taken by the University or the relevant authorities, including the police, where appropriate.

Our Responsibilities to you:

  1. We will be liable to you for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or if we fail to carry out our obligations to you under these Terms of Use to a reasonable standard, but not to the extent that any such failure is attributable to you or a third party that is not within our control. Losses are foreseeable if they were an obvious consequence of our breach of these Terms of Use or if they were contemplated at the time we entered into these Terms of Use.
    1. We will not be liable for loss or damage which was not foreseeable.
    2. We shall not be held responsible for any injury to you (financial or otherwise), or for any damage to your property, caused by another student, by any person who is not an employee or authorised representative of the University or by any other third party.
    3. Nothing in these Terms of Use shall limit or exclude the University’s liability for death or personal injury arising from our own negligence, or for fraud or fraudulent misrepresentation.

Rights Reserved by the University

  1. The University, via the Hornet Services Team, reserves the right to immediately disconnect from the Hornet Service any machine for the following offences:

(i) Viruses - After the 3rd disconnection a Hornet representative will have to attend to verify the computer is free of any virus before reconnection can occur.

(ii) General abuse including abusing the Hornet problem reporting system or employees of Hornet.

(iii) Copyright abuse or infringement.

(iv) Wireless abuse including running prohibited wireless hardware such as routers.

(v) Network abuse including malicious network traffic affecting other users internal and external to the University.

(vi) abuse of the content and device sharing functionality of the Hornet Service.

  1. The University reserves the right take separate action against users for the reasons set out in Section 24 above (for example, to disable your account and associated wireless account) but this would not be done by the Hornet Support Team.
  2. All intellectual property rights in the Hornet Services throughout the world belong to the University (or its licensors) and the rights in the Hornet Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Hornet Services other than the right to use them in accordance with these Terms of Use.

Disclaimers

To the extent that the law permits:

27. The Hornet Service and the Data Connection are provided on an "as is" basis and without warranty. No guarantee or warranty is made or given that the Hornet Service will be uninterrupted, error free or virus free. Any representations or warranties given by any member of the Hornet Support Team relating to the Hornet Service, express or implied, are excluded to the maximum extent permitted by law.

28. We accept no liability for, and you will not be entitled to claim against the University or any member of the Hornet Support Team in respect of any direct, indirect, consequential or incidental damages or losses arising from use of the Data Connection, the unavailability of the Hornet Service, or loss of data and/or damage whilst a member of the Hornet Support Team is carrying out their duties with regards to support calls and/or regular maintenance on your behalf.

29. We shall not be liable to you for events outside our control which we could not have foreseen or prevented, which prevents or delays your access to the Hornet Service, as long as we have taken reasonable and proportionate steps to mitigate the impact of these events. Such events include: strikes; other industrial action; staff illness; severe weather; fire; civil commotion; riot; invasion; terrorist attack or threat of a terrorist attack; cyber attack; war (whether declared or not); natural disaster, epidemic, pandemic; restrictions imposed by government or public authorities; significant changes to our funding or government higher education policy; or failure of public utilities or transport systems. Should any such circumstances arise, we will take reasonable and proportionate steps to mitigate the impact, but we reserve the right to cancel or adjust the Hornet Services in such circumstances.

THE FOLLOWING TERMS SET OUT WHAT MAY HAPPEN IF YOU BREACH THESE TERMS OF USE

  1. Subject to the above terms 20-23, any breach of these Terms of Use that you cause may result in termination of your access to the Hornet Service either permanently or temporarily and may result in legal action being taken against you and/or action under the relevant University regulations.31. If you connect hardware or run software that will allow multiple devices to simultaneously use the Data Connection in your room (including wired and wireless routers), this will result in disconnection from the Hornet Services until the University is satisfied that such use has been discontinued and will not be repeated.

Your Privacy

32. The University only uses any personal data it collects through your use of the Hornet Services in the ways set out in our privacy policy [[LINK TO PRIVACY POLICY]].

33. I understand that the members of the Hornet Support Team may hold and process any of my personal data submitted to you for validation and statistical purposes, and for the purposes of the management of the Hornet Service or for any other lawful purpose notified to me and you may also pass the information on to other members of the Hornet Support Team and the University in compliance with the any applicable data protection laws.

34. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Hornet Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Support and Communications

35. If you have any issues relating to use of the Hornet Service or have any complaint to make or issue with the Hornet Service you can report it to our email address at hornet.admin@manchester.ac.uk.

36. If we have to contact you, we will do so by email using any contact details you have provided to us.

  1. If you have any complaint about how we have processed your personal data, or about your data protection rights, as set out in our privacy notice reference in these Terms of Use, you may contact our Information Governance Office at G7 Christie Building The University of Manchester, Oxford Road, Manchester, M13 9PL, by emailing: information.governance@manchester.ac.uk or by telephoning +44161 275 7789. You also have the right to contact the Information Commissioner’s Office about complaints relating to your personal data. You can do that by telephoning +44303 123 1113, or online via this link: https//ico.org.uk/make-a-complaint/

Hornet privacy notice - https://uom.doormou.se/GDPR.html

The University of Manchester privacy notice - https://www.manchester.ac.uk/discover/privacy-information/data-protection/privacy-notices/