From: "Rodriguez, Michael" <[log in to unmask]>
Date: Fri, 31 Mar 2017 00:22:58 +0000

A world of no. Several vendors have tried to pull a similar clause
with me, but frankly, it is a dealbreaker. We cannot agree to sign a
contract only for the other party to reserve the right to modify the
contract unilaterally at any time. The point of a contract is to
establish predictability + shared understanding of mutual performance
obligations. An executed contract should not be modified except by a
signed instrument, and in all cases the institutional contract should
supersede any terms of service posted online, whether those terms are
intended for authorized users or for the subscribing institution.

MIT Press has a similar standard clause, but at least that publisher
specifies 30 days' notice in the event of changes, and a pro-rata
refund if the institution deems such changes unacceptable. This is the
minimum for which you should negotiate. I am working to persuade MIT
to strike this clause altogether.

Regards,

Michael Rodriguez
Licensing/Acquisitions Librarian
University of Connecticut
369 Fairfield Way U-1005B | Storrs, CT 06269
[log in to unmask] | 860-486-9325