SAMPLE

See http://www.upenn.edu/computing/group/npc/ for details of Policy on Server-Managed Personal Digital Assistants (PDAs).

Guidelines for use of this sample form:

UNIVERSITY OF PENNSYLVANIA ("PENN") PERSONAL DIGITAL ASSISTANT ("PDA") TERMS OF SERVICE

Welcome to the University of Pennsylvania's Personal Digital Assistant ("PDA") service!

BY ACTIVATING OR USING THE PDA SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.

These Terms of Service shall remain in effect at all times, and may be amended at any time by posting new Terms of Service accessible from the ISC website. By accessing the PDA service, you agree to be bound by these Terms of Service and by all amendments and changes posted to the ISC website.

Before initiating or continuing the Penn PDA service, it is important for you to read and understand the following terms of Penn's PDA service, which are stipulated by the Policy on Server-Managed PDAs as originally approved on February x, 2008. The policy may be amended through the Network Policy Committee's process and posted on the ISC website: http://www.upenn.edu/computing/group/npc/

**PDA SERVICE**

LIMITATION OF LIABILITY AND INDEMNIFICATION

As described herein, PDA service may result in lost data (both University data and personal data), if necessary to protect confidential University data contained on the PDA device subscribed for the service. You acknowledge and understand such limitations and agree to release, defend, indemnify, and hold harmless Penn, its officers, directors, trustees, employees, affiliates and agents (individually and collectively, "Penn Parties") and any other of its underlying providers, service providers or other third party providers who furnish services to you or Penn in connection with this Agreement or the service, from any and all liabilities, claims, actions, losses, damages, fines, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) by, or on behalf of, you or any third person or party or user of the service relating to or arising out of any data loss. Further, as to the Penn Parties, you hereby waive any and all such claims or causes of action resulting from the foregoing events or conditions unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, gross recklessness, or intentional gross misconduct on the part of any Penn Party.

PRIVACY AND SECURITY

PDA service utilizes, in whole or in part, the public Internet and third party networks to transmit email, calendar data, and other communications. You acknowledge and understand that Penn cannot guarantee that this communication is private or secure. Penn is not liable for any lack of privacy or security that you may experience with regard to its PDA service. You are responsible for taking precautions and providing security that best suits your intended use of the PDA service.


SUBSCRIBER ACKNOWLEDGEMENT OF RECEIPT OF THE UNIVERSITY OF PENNSYLVANIA PERSONAL DIGITAL ASSISTANT ("PDA") SERVICE TERMS OF SERVICE

By typing my name below and clicking on the "Submit Acknowledgement" button below, I acknowledge that I have received and read a copy of the Terms of Service ("Terms of Service Agreement") University of Pennsylvania's Personal Digital Assistant ("PDA") Service. I acknowledge that I understand the risk of data loss, as described in the Terms of Service Agreement, and the limitations regarding privacy and security.

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