Terms of Service (TOS) 1. Purpose and Scope These terms and conditions are contractual obligations between the University of Denver, College of Law ("COL") and anyone authorized to use these services ("USERS") and govern the proper use and management of electronic mail resources ("EMAIL"). The COL grants access to its networks and computer systems subject to the responsibilities and obligations set forth herein and subject to all local, state, and federal laws. Transmission of all electronic data ("CONTENT") should always be legal, ethical and consistent with the COL's mission. For purposes of this Agreement, COL includes, in addition to the University of Denver College of Law, any unit, department or office within the University of Denver that has responsibility for maintaining, accessing, supervising or implementing any aspect of the services and EMAIL provided under this Agreement. 2. Description of Service COL provides EMAIL services for School of Law Alumni and other persons associated or affiliated with the COL ("SERVICE"). In order to use the SERVICE, the USERS must (1) obtain access to the Internet directly or through devices that access web-based CONTENT, (2) maintain current contact information with the SERVICE, (3) and pay any fees associated with the Internet and EMAIL client use. Unless explicitly stated otherwise, any new features that augment or enhance the current SERVICE shall be subject to the TOS. The USER understands and agrees that the SERVICE is provided "AS-IS" and that COL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any CONTENT. For the purposes of this Agreement, "USERS" and "ALUMNI" shall be defined as any person (including any individual or entity) authorized to use the SERVICE who is not, at the time of use, admitted to, and in good standing with, the COL. 3. General Practices The USER acknowledges that COL may establish general practices and limits concerning use of the SERVICE, including without limitation (1) the maximum number of days that EMAIL messages will be retained by the SERVICE, (2) the maximum number of EMAIL messages that may be sent from or received by an account on the SERVICE, (3) the maximum size of any EMAIL message that may be sent from or received by an account on the SERVICE, (4) the maximum disk space that will be allotted on COL's servers on the USER's behalf, and (5) the maximum number of times and the maximum duration for which the USER may access the SERVICE in a given period of time. 4. Use of Email The SERVICE shall not be used, nor access provided for use, to communicate inappropriate materials or messages contrary to COL or University policy, as defined in relevant COL or University acceptable use or similar policies, employee and student handbooks, personnel practice and policy manuals, and so forth. 4.1. Prohibitions The following are prohibited: (1) the retrieval or transmission of pornographic materials or offensive material such as obscenity, vulgarity or profanity; (2) the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of EMAIL; (3) the expression of animus or bias against individuals or groups, including libel or slander; (4) any action that would damage, impair or disrupt the function of COL's network, computer systems, software, data, or files or another USER's access to the SERVICE; (5) by-passing security to gain or help others to gain unauthorized access to the SERVICE; (6) illegal activities; (7) commercial activities other than COL or University business; (8) using excessive bandwidth; and (9) activities which place an excessive load on COL or University servers or other computers. 4.2. Additional Limitations In addition, the USER agrees not to make any improper use of EMAIL Services. Improper uses include but are not limited to: (1) the impersonation of any person or entity, or falsely state or otherwise misrepresent the USER's affiliation with a person or entity; (2) the transmission of any CONTENT that the USER does not have a right to transmit under any law or under contractual or fiduciary relationships; (3) the transmission of any CONTENT that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (4) the transmission of any CONTENT that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (5) the collection or storage of personal data about other USERS in order to reproduce, duplicate, copy, sell, resell or exploit such data for any reason; and (6) the transmission, collection or storage of data in violation of the Digital Millennium Copyright Act. 5. Expectations of Service with Respect to Content The USER understands that all CONTENT, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such CONTENT originated. This means that the USER, and not COL, is entirely responsible for all CONTENT that the USER transmits via the SERVICE. COL does not control the CONTENT posted via the SERVICE and as such does not guarantee the accuracy, integrity or quality of such CONTENT. The USER understands that by using the SERVICE, the USER may be exposed to CONTENT that is offensive, indecent or objectionable. Under no circumstances will COL be liable in any way for any CONTENT, including, but not limited to, any errors or omissions in any CONTENT, or any loss or damage of any kind incurred as a result of the use of any CONTENT transmitted via the SERVICE. The USER acknowledges that COL does not pre-screen CONTENT, but that COL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any CONTENT that is available via the SERVICE. Without limiting the foregoing, COL and its designees shall have the right to remove any CONTENT that violates the TOS or is otherwise objectionable. The USER agrees that the USER must evaluate and bear all risks associated with the use of any CONTENT. This includes any reliance on the accuracy, completeness, or usefulness of such CONTENT. The USER acknowledges and agrees that COL may preserve CONTENT and may also disclose CONTENT if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any CONTENT violates the rights of third-parties; or (d) protect the rights, property, or personal safety of COL, its the USERS and the public. 6. Privacy, Security and COL Access The USER recognizes that there is no guarantee of privacy associated with the use of the SERVICE. COL may find it necessary to view electronic data and it may be required by law to allow third parties to do so. It is also possible that others may purposefully or inadvertently view CONTENT during transmission on COL owned equipment. Certain administrators of COL's systems will be granted authority to access files for the maintenance of the systems, and storage or backup of information. 7. Procedures and Sanctions Persons in violation of this policy are subject to sanctions, including, but not limited to, the loss of SERVICE and civil compensation. Some violations may constitute criminal offenses, as defined by local, state, and federal laws and COL may chose prosecute any such violations to the full extent of the law. 8. Modifications to Services and Termination COL reserves the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice. The COL reserves the right to condition continued use of the SERVICE on the requirement that USERS periodically consent to the terms set forth in this Agreement. The USER agrees that COL shall not be liable to the USER or to any third party for any modification, suspension or discontinuance of the SERVICE. The USER agrees that COL, in its sole discretion, may modify or terminate the USER's password, e-mail address, account (or any part thereof) or use of the SERVICE, and remove and discard any CONTENT within the SERVICE, for any reason, including, without limitation, for lack of use or if COL believes that the USER has violated or acted inconsistently with the letter or spirit of the TOS. 9. Indemnity and limitation of liability A. The USER agrees to indemnify and hold the University, COL, and its subsidiaries, affiliates, trustees, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of CONTENT the USER transmits through the SERVICE, the USER's use of the SERVICE, the USER's violation of any COL or University policy or procedure, including this TOS, or the USER'S violation of any rights of another. B. The University and COL will have no liability related to providing the SERVICE, including, without limitation, any liability for any damages incurred by USER, including, but not limited to, direct or consequential damages to USER'S computer, other hardware, data, information, materials, business, or reputation, resulting from the SERVICE or failure to provide the SERVICE or any other act or omission on the part of the University or COL pursuant to this TOS. 10. General Provisions A. The TOS constitutes the entire relationship between the USER and COL and governs the USER's use of the SERVICE, superceding any prior understanding between the USER and COL. B. The TOS and the relationship between the USER and COL shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. C. The USER and COL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado. The failure of COL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. D. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. E. The USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICE or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. F. The interests of the USER pursuant to this TOS may not be assigned to any third party. G. The section titles in this document are for convenience only and have no legal or contractual effect. In addition, the accounts are subject to the policies of DUs University Technology Services. These can be found at: http://www.du.edu/uts/policiesuts.htm
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