YOUR ACCESS TO AND USE OF WEB HOSTING (“HOSTING SERVICE”) PROVIDED BY AGNES SCOTT COLLEGE (“AGNES SCOTT” OR “COLLEGE”), INCLUDING ACCESS PROVIDED THROUGH THE “DOMAIN OF ONE’S OWN” PROGRAM, IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE HOSTING SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE HOSTING SERVICE, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING OR USING THE HOSTING SERVICE. IMPROPER USE OF THE HOSTING SERVICE MAY RESULT IN LOSS OF YOUR ACCESS TO THE HOSTING SERVICE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
A Domain of One's Own is a project at Agnes Scott College that provides users with a domain name (URL) hosted by the College (“your Site”). Domain names provided to users in connection with the Domain of One’s Own project may be subdomains of domains controlled by Agnes Scott. The system is maintained by the Agnes Scott College Information Technology Department. Beginning in Fall 2015, all incoming students are eligible to sign up on Domain of One's Own. Select Agnes Scott faculty/staff are also welcome to sign up on the system. Current students may also be able to participate in the project through courses they take. All participation in the Domain of One’s Own is subject to these Terms of Service.
In using the Hosting Service, you agree to abide by these Terms of Service, and by all federal and state law (including copyright and intellectual property law, and laws regarding information privacy and security) as well as by Agnes Scott College’s Acceptable Use Policy (http://www.agnesscott.edu/its/policies-procedures/acceptable-use-policy.html), Copyright Policies documents (http://www.agnesscott.edu/library/about/copyright-policies.html), and the Honor System (http://www.agnesscott.edu/dos/agnes-scott-traditions/honor-system/ ), as each of the foregoing may be updated from time to time (collectively, “Applicable Terms”). Agnes Scott may access and remove any content from your Site at any time, including but not limited to content that is found to be in violation of Applicable Terms.
You understand that the work you publish and make publicly available through your Site may be browsed or viewed by anyone on the Web. The College may, at its discretion, provide you the ability to create websites with restricted access, but content and behavior in these restricted access spaces must abide by the Applicable Terms, and by the same laws, policies, and standards as publicly available content.
You understand that the Agnes Scott College Information Technology Department has full access to all user accounts and content This access can be used to remove content on your Site, including in instances where content is found to be in violation of the Applicable Terms. The College reserves the right in its sole discretion to temporarily or permanently suspend users, or to restrict your access to the Hosting Service, in whole or in part, at any time, including without limitation users who repeatedly violate these Applicable Terms. .
Without limiting the College’s right to terminate the Hosting Service at any time in its sole discretion, student users who receive a domain and hosting space may continue to use it for as long as they are a student at Agnes Scott, subject to their continued compliance with the Applicable Terms. Upon leave of absence or withdrawal, access to hosting space will become unavailable. Upon graduation, access to hosting space will remain active until July 30th after May graduation and March 1st after December graduation.
Without limiting the College’s right to terminate the Hosting Service at any time in its sole discretion, faculty and/or staff users who receive a domain and hosting space may continue to use it for as long as they are employed by Agnes Scott, subject to their continued compliance with the Applicable Terms. Not all faculty and/or staff will be eligible to receive a domain and hosting space. Upon severing their employment with the College, access to hosting space will become unavailable and domains will no longer be renewed.
Agnes Scott may terminate this project and cease all provision of the Hosting Service at any time. Agnes Scott may impose technical limitations on your use of the Hosting Service (including storage space and other technical limitations) at any time in its sole discretion, without advance notice. Agnes Scott may, in its sole discretion, provide limited technical support for the Hosting Service, but it is not obligated to do so.
2. INTELLECTUAL PROPERTY RIGHTS
You represent and warrant that your Site’s content does not infringe the rights of any third party, and that you have the right to provide such content to be accessed and published through the Hosting Service.
You agree that the material you provide for your Site is non-confidential and you acknowledge that the College does not guarantee any confidentiality, or any other particular treatment, with respect to your Site’s content. By providing content for your Site, you grant, and shall be deemed to have automatically granted, to the College a perpetual, non-exclusive, fully-paid, royalty-free, worldwide license (with the right to sublicense) in connection with the Hosting Service to host, store, archive, backup, communicate, and publish such content.
3. DISCLAIMER OF WARRANTIES
You acknowledge and agree that no opinion, advice, or statement of the College, whether made on its websites or otherwise, shall create any warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HOSTING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, AGNES SCOTT SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, USEFULNESS, RELIABILITY OR COMPLETENESS OF ANY TECHNICAL INFORMATION OR SUPPORT PROVIDED IN SUPPORT OF THE HOSTING SERVICE, AND ALL WARRANTIES RELATING TO THE AVAILABILITY OR RELIABILITY OF THE HOSTING SERVICE. AGNESS SCOTT EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE HOSTING SERVICE AND ALL SUPPORTING TECHNICAL INFORMATION IS PROVIDED BY AGNES SCOTT ON AN “AS IS” BASIS.
4. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT AGNES SCOTT COLLEGE AND ITS OFFICERS, FACULTY, EMPLOYEES AND AGENTS (“AGNES SCOTT PARTIES”) ARE AND WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE HOSTING SERVICE, AND/OR ANY CONTENT PROVIDED TO OR CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND/OR SIMILAR DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
THE SOLE AND EXCLUSIVE LIABILITY OF AGNES SCOTT COLLEGE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED $50(USD). You agree to hold the Agnes Scott Parties harmless for any losses, claims, judgments, costs, liabilities, damages, and expenses (including attorneys’ fees) of any and every kind whatsoever (collectively, “Damages”) caused by or resulting from your use of the Hosting Service, even if the Agnes Scott Parties have authorized, permitted, or encouraged such use. You agree to hold the Agnes Scott Parties harmless for any Damages caused by or resulting from (i) errors or omissions in the Hosting Service, or the timeliness, deletion, misdelivery, or failure to store or failure to post or update any content, or personalization data or settings, (ii) any failures, delays, or interruptions in the delivery of any content contained on your Site, (iii) viruses or other malicious code transmitted through such use, through email or other communications, or by the servers from which the Hosting Service may be provided, or (v) any other lapses or failures of security with respect to the Hosting Service, its content or the information of those who use or access the website. Agnes Scott College is not responsible for, and you agree to hold us harmless for, any Damages caused by or resulting from any third party products or services offered as part of the Hosting Service, if any.
You acknowledge and agree that the College may, at any time, with or without notice, revise these Terms of Service through (a) an update available on the College website or (b) communicating with you regarding the same via the contact information the College has on record for you. The most current version of these Terms of Service will be available on the College website and will supersede all previous versions. You acknowledge and agree that your continued use of the Hosting Service after such revisions have been posted on this website or communicated to you indicates your acceptance of all such revisions.
As a condition of your use of the Hosting Service and the content available thereon, you agree to indemnify and hold Agnes Scott College harmless for any claims, judgements, damages, losses, costs, liabilities, or expenses (including attorneys’ fees) caused by or resulting from (a) your violation of the Applicable Terms, (b) your violation of the rights of any third party, or © any claim that your Site’s content caused damage to a third-party. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms of Service and your cessation of use of the Hosting Service. 7. CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from the College electronically in connection with the Hosting Service, including when you use the Hosting Service or send emails to the College. You consent to and agree that the College may communicate with you by email or by posting notices on the College’s website. You further agree that all agreements, notices, disclosures and other communications that the College provides to you electronically satisfy any legal requirement that such communications be in writing.
8. GOVERNING LAW AND ARBITRATION
The laws of the State of Georgia, without reference to its conflict of law rules, govern these Terms of Service and any dispute of any sort that might arise between you and the Agnes Scott Parties, including without limitation any dispute arising out of or relating to the Hosting Service, or any services or materials made available through the Hosting Service, or your Site’s content. These Terms of Service and the Acceptable Use Policy, Copyright Policies, and Honor System referenced herein constitute the entire agreement between you and the College relating to your use of the Hosting Service and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Agnes Scott, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. You and Agnes Scott agree that our sole relationship is a contractual one governed by these Terms of Service and the Acceptable Use Policy, Copyright Policies, and Honor System. (However, in case of any conflict among the foregoing, these Terms of Service shall govern.) Any controversy or claim arising out of or related to the provision of the Hosting Service or materials by Agnes Scott shall be resolved solely based on these Terms of Service.
Except as otherwise provided herein, any controversy between the parties arising out of these Terms of Service or the Hosting Service shall be submitted to the American Arbitration Association (“AAA”) for arbitration in Atlanta, Georgia, in accordance with its Consumer Arbitration Rules. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of these Terms of Service nor to grant any remedy which is either prohibited by these Terms of Service, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, you and Agnes Scott College agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, the College may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Agnes Scott’s or any third-party’s intellectual property or other proprietary rights. You agree to and irrevocably accept and submit to the personal and exclusive jurisdiction of the federal and state courts located within or for DeKalb County, Georgia, generally and unconditionally with respect to any action, suit or proceeding brought by the College, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any attempt by you to undermine the legitimate operation of the Hosting Service may be a violation of criminal and civil law, and, should such an attempt be made, the College reserves the right to seek damages from you to the fullest extent permitted by law.
The College’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
If any provision of these Terms of Service, the Acceptable Use Policy, Copyright Policies, or Honor System (as the same is incorporated herein) is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Service, which will otherwise remain in full force and effect.
All disclaimers, indemnities, and limitations of liability contained in these Terms of Service, and all terms under the headings “Governing Law and Arbitration,” “Miscellaneous,” and “Disclaimer of Warranties” shall survive the termination or expiration of these Terms of Service.