Terms and Conditions of Use
Welcome to the FGCL Alumni Association of North America online As part of our service, FGCL Alumni Association of North America (“FGCLAANA”) agrees to provide you with information libraries, e-mail services, mailing lists, bulletin boards/news groups, and other computer services that FGCL Alumni Association of North America may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, FGCL Alumni Association of North America may modify this Agreement at any time. You agree and continue to agree to use FGCL Alumni Association of North America services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as “User” from time to time in this Agreement.
RULES FOR ONLINE CONDUCT FOR MAILING LISTS, AND DISCUSSION FORUMS, AND EXTENDED SERVICES
By using the Service, you agree that you will not post any of the following material on Service or Internet mailing lists, bulletin boards, or other forums (“postings”):
- Material which defames, abuses or threatens others
- Statements that are bigoted, hateful or racially offensive
- Material that advocates illegal activity
- Material that discusses illegal activities with the intent to commit them
- Unauthorized copyrighted material
- Material that contains vulgar, obscene or indecent language or images
- Advertising or any form of commercial solicitation
Statements or postings which violate the above terms will be deleted from postings upon discovery. Messages and postings made within the mailing lists, discussion forums and extended services are for the groups themselves and should not be forwarded or reposted without the explicit permission of the poster. Users who violate the Terms of Service will receive a warning from forum operators or another agent of FGCLAANA stating that User has committed a violation and that further violations may result in the termination of User’s account. After one or more warnings, depending on the nature of the violation, FGCL Alumni Association of North America at its sole discretion may terminate User’s account.
NON-TRANSFERABILITY OF MEMBERSHIP
User accounts may not be shared, transferred, or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User. FGCL Alumni Association of North America grants to User a personal, non-exclusive, non-assignable and non-transferable license to use and display the FGCL Alumni Association of North America software (“Software”) on any machine(s) of which User is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. User acknowledges that User may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void. User also acknowledges all consequences of using the services provided herein. If any negative consequences arise from the use or access vis-a-vis this service, it is the User’s responsibility to apply the initial remedy. Should FGCL Alumni Association of North America need to remedy a negative situation created by a User’s use of the license provided, that remedy may include revocation of privileges.
SOFTWARE LIBRARIES AND COPYRIGHTED MATERIALS
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services; material of a sexually explicitly nature, including photographs and text. Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Users only for Users’ own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the User. User acknowledges that FGCL Alumni Association of North America and/or third-party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.
Owner of posted materials grants FGCL Alumni Association of North America a non-exclusive, royalty-free, perpetual license to reproduce and distribute any messages and postings made within the mailing lists, discussion forums, or any other Service.
ONLINE COMMUNICATION SERVICES
Communication services provided through Online Services, such as the Alumni Member Directory, alumni-specific web pages, mailing lists, bulletin boards, newsgroups, and other services in the future, is a part of the Service designed for private communication between alumni users. FGCL Alumni Association of North America will not monitor this communication, but reserves the right to take action against any User who is defaming, harassing or otherwise offending another User through e-mail, if it comes to FGCLAANA’s attention that this type of abuse is occurring, as is more fully set forth in the Rules for Online Conduct.
The FGCL Alumni Association of North America may offer a free webmail account to alumni who register on the alumni association website and desire the service. The account will remain accessible to an alumnus as long as activity is shown and as long as the alumnus complies with this policy. Activity is defined as having logged into the webmail account within the past three months, or having your alumni e-mail messages automatically forwarded to another e-mail account. If an alumnus does not meet one of these criteria, the FGCL Alumni Association of North America reserves the right to deactivate the account. Before any action is taken the alumnus will be given a 30 days notice via e-mail to meet one of the stated requirements for maintaining an accessible account. If the alumnus does not show activity within those 30 days, the account may be deactivated and all e-mail, address book entries and personalization in the account will be lost. The e-mail account will be available to the alumnus for reactivation through the FGCL Alumni Association of North America website, but deleted e-mail messages will not be recoverable. Even if the alumnus meets one of the activity requirements, the FGCL Alumni Association of North America reserves the right to discontinue an alumnus’ email access if the alumnus uses the account in a way that in the sole discretion of the FGCL Alumni Association of North America it deems inappropriate. Such uses may include, by way of example but not limitation a) material which defames, abuses or threatens others; b) statements that are bigoted, hateful or racially offensive; c) material that advocates illegal activity; d) material that discusses illegal activities with the intent to commit them; e) material that contains vulgar, obscene or indecent language or images and f) advertising or any form of commercial solicitation. Additionally, the FGCL Alumni Association of North America reserves the right generally terminate the free webmail service at its discretion.
LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. FGCLAANA’S SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE FGCLAANA SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, FGCLAANA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT FGCLAANA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER FGCLAANA NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
The FGCL Alumni Association of North America logo and all computer-generated graphics on this Service are trademarks of FGCL Alumni Association of North America. All other trademarks appearing on the Service are trademarks of their respective owners.
FGCL Alumni Association of North America may give notice to Users by means of a general notice on the Service, electronic mail to User’s e-mail address on record in FGCLAANA’s account information, or by written communication sent by first class mail to a User’s address on record in FGCLAANA’s account information. You may give notice to FGCL Alumni Association of North America and such notice shall be deemed given when received by FGCL Alumni Association of North America at any time by any of the following: electronic mail or letter delivered via email attachment to FGCL Alumni Association of North America, at the email address shown below.
FGCL Alumni Association of North America
Attn: Media Committee
User agrees to indemnify and hold FGCL Alumni Association of North America harmless from any dispute which may arise from a breach of terms of this Agreement. User agrees to hold FGCL Alumni Association of North America harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to User’s violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by User.
TERMINATION OF SERVICE
User may terminate this Agreement and User’s right to use the Service. FGCL Alumni Association of North America may terminate your account or access rights to this Service at any time, without notice, for conduct that FGCL Alumni Association of North America believes violates this Agreement or other policies or guidelines that FGCL Alumni Association of North America has posted on a FGCL Alumni Association of North America service. FGCL Alumni Association of North America may terminate your account or access rights to this Service for online conduct that FGCL Alumni Association of North America believes is harmful to other Users, to FGCLAANA’s business, or to other information providers.
CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of the State of Maryland. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Maryland. User agrees to personal jurisdiction by the state and federal courts sitting in the State of Maryland.
This Agreement constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral between FGCL Alumni Association of North America representatives and User. FGCL Alumni Association of North America may amend or modify this Agreement or impose new conditions at any time upon notice from FGCL Alumni Association of North America to User as published through the Service. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications or new conditions.