Project Accelerate Consortium Acceptable Use Policy

1.  Acceptance of Terms:

Welcome to the Project Accelerate Consortium (“PAC”)/Data Mentor website. We provide our services for you (including those who may access the Site through your network communications) subject to our Acceptable Use Policy (AUP) and other policies, which may be updated by us from time to time without notice to you. You can review the most current version of the AUP at AccelerateU.org. However, if you access the Service, surf the Site, register for a PAC online project, participate as a member of PAC, or otherwise use the Site, you agree to be bound by the most recent version of the AUP, our  Privacy Policy , and other applicable policies. We reserve the right to change any of the terms and conditions contained in our AUP, Privacy Policy, or other policies at any time and at our sole discretion. Any change will be effective when we post the revision(s) on the Site. You are responsible for reviewing any applicable changes to our policies.

2.  Description of PAC Services:

The PAC provides educational resources which support the instructional, research, and administrative computing needs students and educators (“Service”). We seek to foster intellectual exchange, create efficient and productive approaches to collaborative activity and to support teaching and learning throughout the entire organization. Through EduTech's Learning Access Knowledge Education Network (LAKENet) and through our internal networks, we provide electronic communications and Internet access for educational and administrative purposes.

We hope the Service will be useful to you regardless whether you are a PAC member, a staff member or student from a PAC constituent organization, or a member of the community who may be involved in PAC committee work where network access is necessary for them to participate and share information. Just remember that by using the Service, you agree that our AUP is binding on you and those who access the Service or Site through your network communications.

You understand that the Service may depend on access to the PAC or LAKENet network and/or networks of other PAC members.  So it is important for you to know that we and others reserve the right to limit access to those networks if applicable policies or contractual obligations of PAC, LAKENet, and/or PAC members or any applicable federal, state, or local law or regulation may be violated.

You acknowledge that the opinions expressed and the accuracy of information or links posted by individuals using the Service and related electronic resources and communications does not necessarily represent the views, opinions or endorsements of PAC

3.  Your Account, Password, and Security:

You will create your own User Name and password when you create your Account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password and account. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with our AUP.

In consideration of your use of the Site and the Service, you will (a) provide true, accurate, current and complete information about yourself as prompted by the PAC Account form (“User Data”), and (b) maintain and promptly update your Account and User Data to keep them true, accurate, current and complete.

User Data and certain other information about you is subject to our Privacy Policy. For more information about our  Privacy Policy .

4.  Member Conduct:

We expect all members of our community to use the Site and its Services in a responsible manner. Consequently, we may restrict the use of  the Site in response to complaints alleging a violation of our AUP or other policies or a federal, state, or other law or regulation. We also reserve the right to provide or restrict access to the Site based on security, instructional impact, cost effectiveness, system performance, or other reason in our good faith judgment.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PAC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We don’t control the Content posted via the Service and, as such, we don’t guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you find objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Service.

You will not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a PAC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service, servers or networks connected to the Service, or a user’s enjoyment of the Service, or disobey any requirement, procedure, policy or regulation of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. "stalk" or otherwise harass another;
12. collect or store personal data about other users; or
13.  to carry out any illegal or commercial purpose.

You acknowledge that we do not pre-screen Content, but agree that PAC and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we and our designees have the right to remove any Content that violates our AUP or that we otherwise consider 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.

You acknowledge and agree that we may preserve any 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 our AUP or any other policy; (c) respond to a claim that any Content violates the right of a third-party; or (d) protect the rights, property, or personal safety of PAC, its members or users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5.  Certain Reporting and Procedures for Conduct Violations:

1. If you are a member or participant of a PAC project and believe that a violation of our AUP or other policy or law has occurred, please contact your PAC administrator directly for web support.
2. If you are a student and believe that a violation of our AUP or other policy or law has occurred, please contact your teacher or your building principal.
3. If you are a community member and believe a violation has occurred, please contact our staff at help@accelerateU.org .
4. If you believe an individual's health or safety appears to be in jeopardy; please contact the local school district authorities and/or local Public Safety authorities.

It goes without saying (but we’ll say it anyway) that we do not expect anyone using the Service to violate our AUP.  However, we recognize that violations may occur.  Therefore, and without limiting our or any third party’s rights and remedies, we reserve the right to refer any violation of our AUP by any individual user to the local district or library to be dealt with as such entity sees fit.  In addition (and again without limiting ours or another’s rights), if a violation by an individual is reported, he or she can expect that the following procedure will be followed:

1. A written report of the nature of the violation will be provided to the Director of EduTech by the person or institution making the allegation(s).
2. Within 10 working days thereafter, the Director of EduTech (“Director”) will meet with and share the violation report with the applicable Superintendent of Schools or Director of the Public Library involved. If a satisfactory resolution is reached at this stage and the Director is satisfied that the institution is in compliance, or will be in compliance in two (2) working days, the process could be expected to finish here, but subject to the rights of any third party.
3. If a satisfactory resolution is not reached, the matter will be referred to PAC’s Regional Steering Committee (“Committee”) by the Director. The applicable institution must submit a written response to the alleged violation(s) to the Committee within two (2) working days after notice from the Director . The Director will also provide the Committee with a written report regarding the alleged violation(s). The Committee will hear the matter reasonably promptly and render a decision, which will be final and unappealable.

If an actual or suspected violation of our AUP has occurred, we may directly or indirectly monitor and/or restrict Content which we believe may reside on networks connected to or made available through LAKENet.

6.  License to Your Content:

We don’t claim ownership of Content you submit or make available to include on the Service. However, with respect to such Content, you grant PAC the following world-wide, royalty-free, sublicensable, perpetual, irrevocable, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service.

7.  Indemnity:

You will indemnify and hold Wayne Finger Lakes BOCES, PAC, and their respective subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees (whether incurred as the result of a third party claim or a claim to enforce this provision), made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of our AUP or other policy, or your violation of any right of another.

8.  Modifications to the Service:

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.  Termination:

We may, in our sole discretion, terminate your password, 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 we believe that you have violated or acted inconsistently with the letter or spirit of the AUP. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this AUP may be done without prior notice and that we may immediately deactivate or delete your account and all related Content, in whole or in part, and/or bar any further access to such Content and the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.

10.  Links:

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that AccelerateU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AccelerateU will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource

11.  PAC’s Proprietary Rights; License to You:

The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information and it and our Content is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.  We grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You will not modify or use the Software in any manner or form except for obtaining authorized access to the Service. You will not access the Service by any means other than through the interface that is provided by us for such purpose.

12.  DISCLAIMER OF WARRANTIES:

You expressly understand and agree that:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

OPINIONS EXPRESSED AND THE ACCURACY OF INFORMATION OR LINKS POSTED BY OTHERS USING THE SERVICE DO NOT NECESSARILY REPRESENT THE VIEWS, OPINIONS, OR ENDORSEMENT OF PAC. NO ADVICE OR INFORMATION, HOWEVER OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR AUP.

13.  Limitation of Liability:

You expressly agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the Service; or (v) any other matter relating to the Service.

14.  Notice:

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the AUP or other matters by displaying notices or links to notices to you generally on the Service.

15.  Copyrights and Copyright Agents:

We respect the intellectual property of others, and we ask our members and users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our staff the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PAC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email: Help@accelerateU.org

16.  General Information:

The AUP is the entire agreement between you and PAC governing use of the Service, superseding any prior agreements between you and us with respect to that subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The AUP and the relationship between you and PAC will be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Monroe, New York. Our failure to exercise or enforce any right or provision of the AUP will not constitute a waiver of such right or provision. If any provision of the AUP 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 AUP remain in full force and effect. 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 AUP must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the AUP are for convenience only and have legal or contractual effect.

PLEASE REPORT ANY VIOLATIONS OF THIS AUP TO: Help@accelerateU.org

APPENDIX A

Examples of Violations to this Policy

Violations targeted at a specific individual(s)

1. Sending repeated and unwanted (harassing) communication by electronic mail or other electronic communications.
2. Sending repeated and unwanted (harassing) communication by electronic mail or other electronic communications that is sexual in nature.
3. Sending repeated and unwanted (harassing) communication by electronic mail or other electronic communications that is motivated by race, ethnicity, religion, gender, or sexual orientation.
4. Posting or otherwise disseminating personal or sensitive information about an individual(s).

Violations causing harm to the activities of others

1. Propagating electronic chain mail.
2. Interfering with freedom of expression of others by "jamming" or "bombing" electronic mailboxes.
3. Forging, fraudulently altering, or willfully falsifying electronic mail headers, electronic directory information, or other electronic information generated as, maintained as, or otherwise identified as PAC/district records in support of electronic communications.
4. Using electronic communications to forge an academic document.
5. Using electronic communications to hoard, damage, or otherwise interfere with academic resources accessible electronically.
6. Using electronic communications to steal another individual's works, or otherwise misrepresent one's own work.
7. Using electronic communications to collude on examinations, papers or any other academic work.
8. Using electronic communications to fabricate research data.

Violations involving illegal, proprietary, or damaging material

1. Electronically distributing or posting copyrighted material in violation of license restrictions or other contractual agreements.
2. Launching a computer worm, computer virus or other rogue program.
3. Downloading or posting illegal, proprietary or damaging material to a PAC/district computer.
4. Transporting illegal, proprietary or damaging material across PAC networks.
5. The posting of pornographic, obscene or indecent materials.

Violations targeted at transmission classes of individuals

Posting hate speech regarding a group's race, ethnicity, religion, gender or sexual orientation.

Drafted: April 1999, adapted from BOCES LAKENet policy