Terms of Service for Electronic Mailing Lists (Listservs)
The comments, thoughts, observations, or opinions offered or implied on the listserv are solely that of the message author and may not represent the position, policies or intentions of the BOCES. In the event that inappropriate material is posted, the BOCES will take appropriate action, which may include, but not be limited to potential user removal. To report abuse, inappropriate use or offensive content, please send a message to: firstname.lastname@example.org.
The operation of LISTSERV is funded by the financial support of Nassau BOCES, Western Suffolk BOCES, Eastern Suffolk BOCES, Long Island ASCD and our local Institutions of Higher Education (Adelphi University, Concordia College New York, Hofstra University, LIU Post, Molloy College, St. John's University, St. Joseph's College, Stony Brook University and Touro College).
By using the LISTSERV, you expressly agree to be bound by these Terms and to follow all applicable laws and regulations governing the LISTSERV. Nassau BOCES reserves the right to change the Terms at any time without notice to you, effective immediately upon posting on the LISTSERV. All such guidelines or rules are hereby incorporated by reference into the Terms.
The Terms constitute a legal document that details your rights and obligations as members ("Member") of the LISTSERV Service, as described below. All Members must accept the Terms as a condition of membership to the LISTSERV Service. By participating in the LISTSERV(s) you have agreed to these terms and conditions as set forth in this document and any subsequent revisions or additions.
For purposes of the Terms, "you" means the Member Account holder.
DESCRIPTION OF SERVICE
Nassau BOCES provides you with access to the LISTSERV and opportunities to communicate with other Members of the "Service.” You also understand and agree that the Service may include certain communications from the BOCES such as service announcements, administrative messages, other membership messages and the BOCES newsletter and that these communications are considered part of LISTSERV membership and you will not be able to opt out of receiving them while maintaining active membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new LISTSERV properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that the BOCES assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. You are responsible for obtaining access to the Service and all fees associated with such access.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's moderator (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the BOCES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the BOCES has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand and agree that you are not authorized to use the LISTSERV, materials or services for any purpose not expressly authorized herein including the marketing of your own services or those of others.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Member Content"), whether publicly posted, linked to or privately transmitted, are the sole responsibility of the person from which such Member Content originated. This means that you, and not the BOCES, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via the Service. The BOCES does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. You understand that by using the Service, you may be exposed to Member Content that is offensive, indecent or objectionable. Under no circumstances will the BOCES be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Service.
By posting information in or otherwise using any interactive service that may be available to you on or through this Service, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
- Could be harmful to minors;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates the BOCES Terms or policies or these Terms;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in communication exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "Stalk" or otherwise harass another;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of the BOCES. You also agree that you will not harvest or collect information about the users or Members of this Service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
The BOCES generally does not pre-screen, monitor, edit or remove Member Content. The BOCES and its agents, however, have the right (but not the obligation) at their sole discretion to pre-screen, monitor, edit or remove any Member Content that, in the BOCES judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. The BOCES is not responsible for any failure or delay in removing such Member Content. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any Member Content created by the BOCES or submitted to the BOCES.
You acknowledge, consent and agree that the BOCES may access, preserve, and disclose your account information and Member Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Member Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the BOCES, their 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.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The BOCES does not claim ownership of Member Content you submit or make available for inclusion on the Service. With respect to Member Content you submit or make available for inclusion on LISTSERV Service, however, you grant the BOCES the following world-wide, perpetual, royalty free and non-exclusive license(s), as applicable:
By posting or submitting Member Content to the LISTSERV, you grant the BOCES and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by the BOCES will not infringe or violate the rights of any third party.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Nassau BOCES may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days LISTSERV messages or other uploaded Member Content will be retained by the Service. You agree that the BOCES has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content maintained or transmitted by the Service.
MODIFICATIONS TO SERVICE
The BOCES reserves 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. You agree that the BOCES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LINKING AND THIRD PARTY SITES
Member content and posts may contain links to other information, sites or material that some people may find inappropriate or offensive. These other sites are not under the control of the BOCES, and you acknowledge that the BOCES is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by the BOCES or any association with its operators, nor does the BOCES warrant that other sites will not contain viruses or otherwise affect your computer.
ACCESS AND INTERFERENCE
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others' use or enjoyment of, the LISTSERV. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the BOCES infrastructure.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LISTSERV SERVICE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE BOCES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LISTSERV IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BOCES OR THROUGH OR FROM THE LISTSERV SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISIDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT THE BOCES LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BOCES SHALL NOT BE LIABILE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE BOCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LISTSERV SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY PARTY PARTICIPATING IN THE LISTSERV SERVICE; (iv) ANY OTHER MATTER RELATING TO THE BOCES PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALOW THE LIMITIATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT THE BOCES LIABLITY IN SUCH JURSIDCTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU HEREBY RELEASE AND FOREVER DISCHARGE THE BOCES, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCESSORS AND ASSIGNS, ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR USE OF THE LISTSERV SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH MAY HAVE AS A RESULT OF HIS OR HER USE OF THE SERVICE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY THE LIMITATIONS SET FORTH IN "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITIES" MAY NOT APPLY TO YOU.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the LISTSERV Service shall be filed only in the state or federal courts located in Nassau County, New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You agree to defend, indemnify, and hold harmless the BOCES, their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this service, including claims arising out Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. The BOCES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the BOCES in asserting any available defenses.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms constitute the entire agreement between you and the BOCES with respect to the LISTSERV Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the BOCES with respect to the LISTSERV Service. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that the BOCES may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your LISTSERV account and access to the Service. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Termination of your LISTSERV account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in the BOCES sole discretion and that the BOCES shall not be liable to you or any third party for any termination of your account, or access to the Service..
Please report any violations of the Terms via email to: email@example.com.