(Updated and posted July, 2014)

Internet2 is making available certain Internet2 Network Flow Data to you (“Researcher”) for specific research purposes. By accessing Internet2’s Network Flow Data, Researcher, on behalf of himself/herself and all Authorized Users, is agreeing to be legally bound and abide by these Terms of Service (“Terms”).

I. Overview

The infrastructure, services, and collaborative environment of the Internet2 community represent tremendous assets for researchers nationwide. Internet2 provides a wide range of resources that not only match the demanding requirements of today’s research and development community, but empower the innovation that will grow tomorrow’s transformative technologies. The research program contemplated by these Terms is of mutual interest and benefit to Internet2 and Researcher and will further the multiple missions of Internet2 in a manner consistent with its status as a not-for-profit, tax-exempt, advanced networking consortium led by members of the research and education (R&E) community.

These Terms apply to a Researcher requesting Network Flow Data, as defined below. Please review the Internet2 Network Flow Data Privacy Policy prior to agreeing to these Terms.

II. Definitions

Unless otherwise specified, the following terms when capitalized will have the meanings specified below.

“Anonymized Network Flow Data” means the Internet2 Network Flow Data that has been anonymized pursuant to the methods discussed in the Internet2 Network Flow Data Privacy Policy.

“Authorized User” means the Researcher and all Project participants granted access to the Anonymized Network Flow Data.

“Confidential Information” means all proprietary or non-public information, systems, deliverables, technology, methodologies, specifications, trade secrets, software business plans, operations, products methods, procedures, reports, customers, services, equipment, systems and facilities of either Party, identified as confidential, regardless of the form or method of communication; any requirements owned by either Party or licensed by either Party from a third party; and Network Flow Data. Confidential Information does not include Anonymized Network Flow Data.

“Intellectual Property” means individually and collectively all reports, information, discoveries, inventions or improvements, whether patentable or not, including deliverable software, if any, which are conceived and first reduced to practice in the performance of the Project.

“Internet2 Network” means a high-performance hybrid optical and packet network operated by Internet2 that is used primarily to support the R&E community with next-generation network services, as well as a platform for the development of new networking ideas and protocols.

“Joint Intellectual Property” means individually and collectively all reports, information, discoveries, inventions or improvements, whether patentable or not, including deliverable software, if any, which are jointly conceived and first reduced to practice by Researcher and Internet2 in the performance of the Project.

“Network Flow Data” means the digital records (“metadata”) that describe and characterize connections made over a network, including data elements such as IP addresses and port numbers for source and destination endpoints, protocols, traffic volume, timestamps, and network interfaces utilized, but excluding the content (“payload”) of communications between endpoints, originating from equipment owned by or operated on behalf of Internet2.

“Project” means the research Researcher has proposed to and been approved by Internet2 by means of the Research Project Request Form.

III. Right To Use

Upon Internet2’s acceptance of Researcher’s request to access Internet2’s Anonymized Network Flow Data, and with Researcher’s acceptance of these Terms and the Internet2 Network Flow Data Privacy Policy, Internet2 grants Researcher the right to use Internet2’s Anonymized Network Flow Data for specific research purposes as more fully described in the Research Project Request Form.

IV. Term

Researcher shall be bound by these Terms throughout the course of the Project and publication of any such research, if applicable.

V. Disclosure of Data

Internet2 is the steward of all Network Flow Data associated with the Internet2 Network. Internet2 may share Anonymized Network Flow Data with Researcher upon Researcher’s compliance with these Terms.

In general, Anonymized Network Flow Data is intended for research purposes where the results are published to advance scientific knowledge. Researcher may use the data only for purposes of the Project. Researcher must make additional requests to use the Anonymized Network Flow Data for any additional projects. Researcher must acknowledge the use of Internet2 data, assert that the data will not be shared with any other party for any reason, and report back to Internet2 on publications that use the data. All authorizations to access anonymized data will be logged in a standard format by Internet2’s Chief Technology Officer’s (CTO) office.

Upon receiving access to the Anonymized Network Flow Data, Researcher must meet the following conditions:

1. Allow only Authorized Users (defined in the Research Project Request Form) to access the Anonymized Network Flow Data, and ensure that the Anonymized Network Flow Data remains inaccessible to anyone outside the given Project;
2. Employ the Anonymized Network Flow Data only for the Project for which it was provided, and assert that if the data will be used for another task, a new request will be submitted for approval to rs@internet2.edu;
3. Cite the use of this Internet2 data in any research papers or articles. If so used, the Researcher must give Internet2 attribution for the data. An example citation might be as follows: “This project has benefited from the use of Internet2’s Anonymized Network Flow Data collected on the Internet2 Network as part of the Internet2 Network”; and
4. Provide Internet2 a copy of or a link to any research results and any papers generated.

VI. Reports

If requested, Researcher shall furnish Internet2 with reports regarding the Project.

VII. Publicity

Neither Researcher nor Internet2 will use the name of the other party, nor of any member of the other party’s employees, in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party.

VIII. Publication

(a) Internet2 seeks to balance Researcher’s need to protect commercially feasible technologies, products, or processes with Internet2’s mission to disseminate findings for the advancement of knowledge. Internet2 recognizes that the public dissemination of information based upon research performed pursuant to these Terms cannot contain Confidential Information nor should it jeopardize Researcher’s ability to commercialize Intellectual Property developed hereunder. Further, Internet2 acknowledges that commercially sensitive information related to the design or composition of specified products or processes is not of general interest, while its confidentiality may be critical to the commercialization of said products or processes. Similarly, Researcher recognizes that the results of the Project must be publishable and reviewable and, subject to the confidentiality provisions of this Agreement, may be presented in forums such as symposia or international, national or regional professional meetings, or published in vehicles such as books, journals, websites, theses, or dissertations.

(b) Researcher agrees that Internet2, subject to review by Researcher, shall have the right to publish results of the Project that are not proprietary to the design or composition of specified products or processes derived from the Project. Researcher shall be furnished copies of any proposed publication or presentation at least 60 days before submission of such proposed publication or presentation. During that time, Researcher shall have the right to review the material for Confidential Information provided by Researcher and to assess the patentability of any invention described in the material. If Researcher decides that a patent application should be filed, the publication or presentation shall be delayed an additional 75 days or until a patent application is filed, whichever is sooner. At Researcher’s request, Confidential Information provided by Researcher shall be deleted.

IX. Confidentiality

(a) Researcher agrees not to disclose any Confidential Information, including Network Flow Data, without specific written approval from Internet2’s CTO.

(b) INTERNET2’S CONFIDENTIAL INFORMATION IS PROVIDED TO RESEARCHER “AS IS.” INTERNET2 MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION.

X. Limitation of Liability

(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, INTERNET2 WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH THESE TERMS.

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL INTERNET2’S ENTIRE LIABILITY FOR ANY LOSSES, CLAIMS, JUDGEMENTS, DAMAGES, EXPENSES, OR COSTS (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVER EXCEED $500.

(c) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT WILL ANY OF THE OFFICERS, TRUSTEES, DIRECTORS, PARTNERS, BENEFICIARIES, JOINT VENTURERS, AUTHORIZED ORGANIZATIONS, STOCKHOLDERS OR OTHER PRINCIPALS OR REPRESENTATIVES OF INTERNET2, DISCLOSED OR UNDISCLOSED, THEREOF, EVER BE PERSONALLY LIABLE TO ANY AUTHORIZED USER (INCLUDING FOR DIRECT OR CONSEQUENTIAL DAMAGES).

XI. Intellectual Property

(a) All rights, title and interest to Internet2’s Intellectual Property belong to Internet2, and Internet2 is free to file or continue patent applications with the United States Patent and Trademark Office (“USPTO”) or foreign patent office(s) at Internet2’s sole cost and expense.

(b) All rights, title and interest to Researcher’s Intellectual Property belong to Researcher, and Researcher is free to file or continue patent applications with the USPTO or foreign patent office(s) at Researcher’s sole cost and expense.

(c) All rights, title and interest to Joint Intellectual Property shall be jointly owned by Researcher and Internet2.

XII. Independent Contractor

(a) Researcher certifies that it is engaged in an independent business and will perform its obligations pursuant to these Terms as an independent contractor and not as the agent or employee of Internet2. Researcher is solely responsible for the hours of work and methods of performance. Researcher shall not be considered an employee of Internet2 for any purposes, including without limitation, employment, wage and hour, wage payment, tax, workers’ compensation and unemployment compensation laws, and Researcher agrees never to assert that performance pursuant to these Terms creates an employment relationship with Internet2. Researcher shall not be paid any wages, salary or other compensation by Internet2, and Researcher shall not participate in or be covered by any employee benefit plans or programs offered by Internet2, nor shall Researcher accrue or be entitled to any other employee benefits from Internet2.

(b) Agreement to these Terms does not create a partnership, joint venture or similar relationship between the parties, and neither party shall be or hold itself out as the employee, agent, officer, director, or representative of the other. Researcher shall have no authority to bind Internet2 or represent that Researcher has the power to do so except to the extent expressly set forth herein or as authorized in writing, from time to time, by the designated authorized representative of Internet2.

XIII. Indemnity

(a) To the extent permitted by applicable law, Researcher agrees to indemnify, defend and hold harmless Internet2 against and from any and all costs, expenses, damages, losses, liabilities, penalties, fines and claims (including attorneys’ fees), arising out of, caused by, or relating to (i) Researcher’s use, commercialization, or distribution of information, materials or products which result in whole or in part from the research performed pursuant to these Terms; (ii) Researcher’s actions and omissions, including any negligent or willful misconduct of Researcher; (iii) any accidents caused by, or resulting in injury or harm to, Researcher or any agents or employees of Researcher, or any illnesses caused by, or suffered by, Researcher or any agents or employees of Researcher; (iv) any claims arising from third party claims that the work performed hereunder infringes third party intellectual property rights; and (v) any claims brought by any of Researcher’s employees, agents or representatives.

XIV. Acceptable Use Policy; Compliance

(a) Researcher agrees to be bound by Internet2’s Acceptable Use Policy (“AUP”), as may be modified from time to time.

(b) Notwithstanding the Internet2 AUP, Researcher agrees not to intentionally violate or tamper with the operation, performance or security of the Internet2 Network. Researcher also agrees to operate equipment that is attached to the Internet2 Network or Network Services in a manner that does not adversely impact the performance of the Internet2 Network or other user’s equipment.

XV. Governing Law

Researcher agrees to comply with all federal, state, and local laws, regulations, rules, and policies.

XVI. Contact Information

Any questions concerning these Terms should be sent to rs@internet2.edu.

XVII. General Provisions

(a) Entire Agreement. These Terms constitutes the entire agreement between the parties and supersede all previous agreements, promises, and representations, whether written or oral, between the parties with respect to the subject matter hereof. No modification, amendment, supplement to or waiver of these Terms, or any of its provisions, shall be binding upon the parties unless made in writing and duly signed by authorized representatives of both parties.

(b) Severability. In the event any provision of these Terms is held by an arbitrator or court to be invalid, it will be deemed severed from these Terms and it will not affect the validity of the remaining provisions of the Terms. The court or arbitrator will modify the invalid provision to make it valid to the maximum extent feasible consistent with the parties’ intentions.

(c) Export Control Regulations. Researcher agrees that he/she shall comply with all applicable export control regulations of the United States of America. Researcher shall be responsible for obtaining all information regarding such regulations that is necessary for Researcher to comply with such regulations.

(d) Due Authorizations. Researcher represents and warrants that he/she is duly authorized to execute and deliver these Terms and to perform the obligations hereunder on behalf of himself/herself and all Authorized Users.

(e) Waiver. The waiver from time to time by Internet2 of any right or failure to exercise any remedy will not operate or be construed as a continuing waiver of the same right or remedy of any other of its rights or remedies provided under these Terms.

(f) User ID and Password. Internet2 will issue Researcher and all Authorized Users self-selected user IDs and passwords. These passwords are the property of Internet2 and for security reasons must not be disclosed to any other party. If your password is compromised for any reason, you must immediately contact Internet2 to have the password reset.

(g) Return or Destroy Network Flow Data. Upon request, Researcher shall return promptly to Internet2 or destroy (and confirm such destruction in writing to Internet2) any and all Network Flow Data disclosed under these Terms.