Terms of Service
Effective Date: September 9, 2014
1. User Agreement
1.1 The Berkman Center may change the terms of this Agreement from time to time and will post any changes to this page, so you should check back often to ensure that you are aware of the terms that govern your use of the Services. The date of the most recent revisions will appear on this page. Continued use of the Services by you will constitute your acceptance of any changes to or revisions of the Agreement.
2. Rules of Usage
2.1 Your use of the Services is subject to the following restrictions and obligations:
- Unless otherwise specified, the services are intended for your personal use only.
- You agree to comply with all applicable local, federal, and national laws and regulations when you use the Services.
- You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Services or its associated software, hardware, or servers in any way, and you agree not to impede or interfere with others' use of the Services. You may not attempt to gain unauthorized access to Berkman Center’s servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Services or otherwise.
2.2 You must be 13 years old or older to register to use the Services. As a result, the Berkman Center does not specifically collect information about children. If we learn that the Berkman Center has collected information from a child under the age of 13, we will delete that information promptly.
3. User Feedback
3.1 We welcome your feedback. By submitting feedback or other comments regarding Berkman Center to us, you grant the Berkman Center a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
4. Network of Centers Content and Licensing
4.1 Except as otherwise indicated, the Berkman Center owns and retains all rights in and to the Services, including, but not limited to, the design, functionality and architecture of the Services, as well as any software, logos, or content provided through the Services, including any intellectual property or other proprietary rights contained therein (collectively, "Berkman Center IP"). You must seek permission from the Berkman Center if you desire to use the Services in a way that is not outlined in this Agreement. Except for any rights explicitly granted under this Agreement, you are not granted any rights in and to any Berkman Center IP.
5. Copyright Notices
5.1 If you believe that your work is accessible on the Services in a way that constitutes copyright infringement, you may notify Berkman Center by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent identified below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Berkman Center to locate the material;
- Information reasonably sufficient to permit the Berkman Center to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Harvard University Information Technology
IT Security | Policy, Risk and Compliance
1414 Massachusetts Avenue, Room 346
Cambridge, MA 02138
Note: Only copyright complaints should be sent to the agent. For communications on other matters, please email firstname.lastname@example.org.
6. Termination or Suspension of Access to Services
6.1 The Berkman Center may change, suspend or discontinue any part of the Services including any content offered through the Services for any reason, at any time, in its sole discretion. The Berkman Center may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
7. Comments or Actions by Other Contributors
7.1 As part of these Services, the Berkman Center may host reports by other institutions and individuals (“Contributors”) that address issues around the Internet and its impact on society. These Contributors are independent content providers, and unless otherwise indicated the Berkman Center has no involvement with the development of Contributor materials. The Berkman Center makes no guarantees, promises, or warranties as to the availability, accuracy, completeness, or reliability of information provided by Contributors. You agree that the Berkman Center is not responsible, and shall have no liability to you, with respect to any information posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
8. Third Party Services
8.1 Certain functions of the Services may allow you to link to or provide you access to functions, content, sites, or services operated by third parties (collectively, "Third-Party Services"). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and the Berkman Center is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of Third-Party Services.
8.2 Berkman Center does not endorse the content of Third-Party Services and is not responsible for the content or actions of such sites or services. Visiting any such sites or services is at your sole risk.
9.1 You agree to indemnify the Berkman Center and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) arising out of or related to your breach of this Agreement or your use of the Services.
10. Disclaimer of Warranty
10.1 YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND THE BERKMAN CENTER, ITS AFFILIATES, AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. THE BERKMAN CENTER, ITS AFFILIATES, AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
11. Limitation of Liability
11.1 THE BERKMAN CENTER, ITS AFFILIATES, AND ITS ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE BERKMAN CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1 The Services are offered by the Berkman Center from its facilities in the United States. The Berkman Center makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services are responsible for compliance with local law.
13. Choice of Law and Venue
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Suffolk County, Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
14. Choice of Language
15. No Waiver
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements relating to the use of the Services.