Usage Agreement

AGREEMENT BETWEEN YOU AND EDUCAUSE

The EDUCAUSE web site (the "EDUCAUSE Site") is operated by EDUCAUSE, LLC ("EDUCAUSE"). Your use of the EDUCAUSE Site and any of the EDUCAUSE Services (as defined below) at any time is subject to EDUCAUSE's then-current Terms of Use ("Terms"), which may be updated from time to time as set forth below. You can review the then-current Terms at any time at connect.educause.edu  In addition, your use of particular services offered on the EDUCAUSE Site ("EDUCAUSE Services") may be subject to specific guidelines or rules posted from time to time. Your use of the EDUCAUSE Site and/or the EDUCAUSE Services (collectively, "EDUCAUSE Site/Services") constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the EDUCAUSE Site or any EDUCAUSE Services and should refrain from accessing the EDUCAUSE Site/Services. In the event of any material change to the Terms, we will use reasonable efforts to email notice of the change to Members (as defined below) in advance. If we change any Rules, we will post the changed version on the location where those Rules normally appear. EDUCAUSE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EDUCAUSE Site or any EDUCAUSE Services (or any part thereof) without notice. EDUCAUSE shall not be liable to you or any third party for any such modification, suspension or discontinuance.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the EDUCAUSE Privacy Policy for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular EDUCAUSE Service requires you to open an account, or if you elect to become a registered member of EDUCAUSE ("Member"), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify EDUCAUSE immediately of any unauthorized use of your account or any other breach of security. EDUCAUSE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

LINKS TO THIRD PARTY SITES

The EDUCAUSE Site may contain images of and links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of EDUCAUSE and EDUCAUSE is not responsible for the contents of any Linked Site. EDUCAUSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EDUCAUSE of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties included within the EDUCAUSE Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. EDUCAUSE shall not be responsible or liable for any part of any such dealings or promotions.

USE OF EDUCAUSE SITE/SERVICES

As a condition of your use of the EDUCAUSE Site/Services, you will not use the EDUCAUSE Site/Services for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using a EDUCAUSE Site/Services, you will not:

• Use the EDUCAUSE Site/Services in any manner that could damage, disable, overburden, or impair any EDUCAUSE Site/Services or interfere with any other party's use and enjoyment of any EDUCAUSE Site/Services.
• Attempt to gain unauthorized access to any EDUCAUSE Site/Service, other accounts, computer systems or networks connected to any EDUCAUSE Site/Service, through hacking, password mining or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the EDUCAUSE Site/Services.
• Use the EDUCAUSE Site/Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the EDUCAUSE Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Create a false identity for the purpose of misleading others. EDUCAUSE has no obligation to monitor the EDUCAUSE Site. However, EDUCAUSE reserves the right to review materials posted to the EDUCAUSE Site and to remove any materials in its sole discretion. EDUCAUSE reserves the right at all times to disclose any information as EDUCAUSE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EDUCAUSE's sole discretion.

CONTENT PROVIDED BY THIRD PARTIES

EDUCAUSE does not control or endorse the content, messages or information posted to the EDUCAUSE Site or transmitted via any EDUCAUSE Services ("Content") and does not guarantee the accuracy, integrity, or quality of such Content. EDUCAUSE specifically disclaims any liability with regard to the Content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of Content. Views expressed on the EDUCAUSE Site do not necessarily reflect those of EDUCAUSE. Contributors to the EDUCAUSE Site may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. EDUCAUSE does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the EDUCAUSE Site or on any Linked Site.By using EDUCAUSE Site/Service, you may be exposed to Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.Content on the EDUCAUSE Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content.

NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any use of the EDUCAUSE Services or access to the EDUCAUSE Site/Services.

MATERIALS PROVIDED TO EDUCAUSE OR POSTED AT THE EDUCAUSE SITE

EDUCAUSE does not claim ownership of the materials you provide to EDUCAUSE or post, upload, input or submit to any EDUCAUSE Service for review by the general public, or by the members of any public or private community ("Submission"). Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through any EDUCAUSE Service or otherwise enters into EDUCAUSE-related services. EDUCAUSE may remove any Submission at any time in its sole discretion. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

PRACTICES REGARDING USE AND STORAGE

EDUCAUSE may establish practices and limits concerning use of the EDUCAUSE Site/Services. While EDUCAUSE will use reasonable efforts to back up EDUCAUSE Site/Services data and make such data available in the event of loss or deletion, EDUCAUSE has no responsibility or liability for the deletion or failure to store any messages, other communications, Submissions or other Content maintained on the EDUCAUSE Site or transmitted by any EDUCAUSE Service. EDUCAUSE reserves the right to archive any Content or to mark as "inactive" and archive accounts that are inactive for an extended period of time.LIABILITY DISCLAIMERYou agree to indemnify, defend and hold harmless each of EDUCAUSE and its affiliates and their respective officers, employees and agents, and any of EDUCAUSE's website partners, from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the EDUCAUSE Site/Services; your Submissions, your transmission of information via the EDUCAUSE Site/Services; or your violation of these Terms or any Rules.

YOUR USE OF THE EDUCAUSE SITE/SERVICES IS AT YOUR SOLE RISK. THE EDUCAUSE SITE/SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EDUCAUSE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE USE OF THE EDUCAUSE SITE/SERVICES. EDUCAUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, EDUCAUSE MAKES NO WARRANTY THAT (i) THE EDUCAUSE SITE/SERVICES WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE EDUCAUSE SITE/SERVICES WILL BE CORRECTED.WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE EDUCAUSE SITE/SERVICES. OPERATION OF THE EDUCAUSE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE EDUCAUSE SITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY EDUCAUSE.YOU SPECIFICALLY AGREE THAT EDUCAUSE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN EDUCAUSE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT EDUCAUSE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EDUCAUSE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN EDUCAUSE SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL EDUCAUSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EDUCAUSE SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE EDUCAUSE SITE/SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE EDUCAUSE SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE EDUCAUSE SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDUCAUSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EDUCAUSE SITE/SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EDUCAUSE SITE/SERVICES.

TERMINATION/ACCESS RESTRICTION

EDUCAUSE reserves the right, in its sole discretion, to terminate your account and/or access to the EDUCAUSE Site or any or all EDUCAUSE Services or any portion thereof at any time, without notice. EDUCAUSE will not be liable to you or any third party for termination of your account or access to the EDUCAUSE Site/Services.

GENERAL

These Terms are governed by the laws of the State of Colorado, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Boulder County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the EDUCAUSE Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EDUCAUSE as a result of these Terms or use of the EDUCAUSE Site/Services. EDUCAUSE's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of EDUCAUSE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EDUCAUSE Site/Services or information provided to or gathered by EDUCAUSE with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms and the Rules constitute the entire agreement between you and EDUCAUSE with respect to the EDUCAUSE Site/Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EDUCAUSE with respect to the EDUCAUSE Site/Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.