For institutional clients, this Acceptable Use Policy ("AUP") mirrors Exhibit C of the Services Agreement (the “Agreement”) entered into between OpenScholar, LLC (“OpenScholar”) and the Institution. Any capitalized terms not defined herein shall have the meaning given to such term in the Agreement. In the event of a conflict between this AUP and the Agreement, the Agreement will control.
This Acceptable Use Policy sets forth guidelines relating to the types of content that Institution may upload to the web servers under Institution’s agreement with OpenScholar for web hosting services (the “Services”). OpenScholar may (but shall have no obligation to) remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this Acceptable Use Policy. OpenScholar will cooperate with legal authorities in the investigation of any suspected or alleged crime or civil wrong arising from any use of the Services. Institution’s violation of this Acceptable Use Policy may result in the suspension or termination of either Institution’s access to the Services and/or Institution’s account or other actions as detailed in the Services Agreement.
1. Acceptable Use
The following constitute violations of this Acceptable Use Policy:
A. Using the Services to transmit or post any material that contains or contains links to nudity, pornography, adult content, sex, or extreme violence.
B. Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
C. Using the Services to harm, or attempt to harm, minors in any way.
D. Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.
E. Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to “pyramid schemes” and “Ponzi schemes.”
F. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of OpenScholar or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
G. Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
H. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
I. Reselling the Services without the prior written authorization of OpenScholar
J. Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to “denial of service” (DoS) attacks against another network OpenScholar or individual customer.
K. Using the Services to disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email.
L. Using the Services to disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.
M. Using the Services to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication.
N. Using the Services to export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions.
O. Using the Services to interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which Institution does not have authorization to access or at a level exceeding Institution’s authorization.
P. Using the Services to disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program.
Q. Using the Services to engage in any other activity deemed by OpenScholar to be in conflict with the spirit or intent of this Agreement or any OpenScholar policy.
2. Reporting of Violations of this Acceptable Use Policy
OpenScholar requests that anyone who believes that there has been a violation of this Acceptable Use Policy contacts us immediately.
3. Revisions to this Acceptable Use Policy
OpenScholar may revise, amend or modify this Acceptable Use Policy at any time and in any manner.