Terms of Service
Definition of Service
The MacMurray College Network (the "Network") is an online community intended to promote and enhance communication between Users, MacMurray College, and other constituents.
Terms of Service
Any Staff, Faculty, or Student who wishes to take advantage of this Service is required to read and accept the following terms (hereinafter referred to as the "Service Policy").
Eligibility of Use
The Network is available to all Staff, Faculty, and/or Students of MacMurray College ("User/s") and is subject to the terms of this Service Policy. Your use of the Network indicates your acceptance of the terms herein and your agreement to abide by them. MacMurray College reserves the right to, and may from time to time, modify the Network and/or Service Policy, without prior notice. If MacMurray College does modify the aforementioned, your use of the Network after such modifications indicates your acceptance of the modification and the applicability of the Service Policy thereto. You understand and agree that this Network is solely for your convenience and that MacMurray College assumes no liability for any aspect of this Network, including but not limited to the timeliness, deletion, misdelivery, or failure to store any user communications.
Rules for Online Conduct
In using the Network, you agree to abide by the Service Policy; that you (and not MacMurray College) shall be responsible for any information, data, text, music, photographs, etc. ("Content") that you post, email, or otherwise transmit through use of the Network; and that in using this Network you will not:
- post or transmit any Content that is unlawful, threatening, abusive, libelous, defamatory, tortuous, obscene, vulgar, pornographic, harassing, profane, invasive of another's privacy or indecent, or bigoted, hateful or racially, ethnically, sexually or otherwise offensive;
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- post or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- disrupt others' normal use of the Network;
- post or transmit any information, software or other material which contains a virus or other harmful component;
- post, transmit, or in any way exploit any information, software or other material for commercial or political purposes or which contains advertising, including but not limited to "junk mail" or "pyramid schemes", or any other form of solicitation;
- use the Network to collect or store personal data about other users;
- attempt to access or access another user's account or attempt to access areas for which the user is not authorized; or
- interfere with or disrupt the Network or servers or other network services connected to the Network, and/or the use of other Networks.
You agree that you will not use the Network, including the information provided herein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. You agree that MacMurray College, at its sole and absolute discretion, shall determine whether any information transmitted, collected, or received violates this provision. You understand that MacMurray College has no obligation to monitor, and does not pre-screen Content. However, MacMurray College has the right (but not the obligation) to refuse to post or to remove any Content, in whole or in part, that in MacMurray College’s sole and absolute discretion is objectionable or in violation of this Agreement. You acknowledge that MacMurray College reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Network, for any purpose. You also agree and understand that MacMurray College may preserve and disclose Content if in MacMurray College’s sole discretion such disclosure is reasonably necessary to:
- comply with the law;
- enforce the terms of this agreement;
- respond to claims that a user has violated the rights of third-parties; or
- protect the interests, property, or safety of MacMurray College, its users, or others.
Use of the Network constitutes consent to such monitoring.
You agree to defend, indemnify and hold MacMurray College, its partners, employees, and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from your use or misuse of the Network, including any claim that results from the Content posted or transmitted by you in using the Network; your breach of any representations, warranties, and/or agreements made herein; your violation of the Terms of Service; or your infringement of any intellectual property right of another as a result of your use of the Network.
Disclaimer of Warranties
Your use of the Network is at your sole risk. MacMurray College expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any material downloaded or otherwise obtained through the use of the Network is done at your own discretion and risk and you will be solely responsible for any damage to your 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 through or from the Network shall create any warranty. Additionally, there is no warranty that the Network will meet your requirements, will not be interrupted, timely, secure, accurate, or reliable.
Limitation of Liability
In no event shall MacMurray College, its directors, officers, partners, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this Network or with the delay or inability to use this Network, or for any information, software, products and services obtained through this Network, or otherwise arising out of the use of this service, whether based on contract, tort, strict liability or otherwise, even if MacMurray College has been advised of the possibility of damages. The User hereby specifically acknowledges and agrees that neither MacMurray College, its partners, employees, nor agents shall be liable for any defamatory, offensive or illegal conduct of any user as it relates to the user's use of the Network.
Termination of Services
You agree that MacMurray College, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Network, and remove and discard any Content within the Network, for any reason, including, without limitation, for lack of use or if MacMurray College believes, in its sole discretion, that you have violated or acted inconsistently with the terms of this Service Policy. MacMurray College may also in its sole discretion and at any time discontinue providing the Network, or any part thereof, with or without notice. You agree that any termination of your access to the Network may be effected without prior notice, and acknowledge and agree that MacMurray College may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Network. Further, you agree that MacMurray College shall not be liable to you or any third-party for any termination of your access to the Network. You may terminate the use of the services at any time by providing notification to the MacMurray College IT Department. MacMurray College reserves the right to terminate your access, without notification, for non-adherence of any of the rules set forth in this Policy or for any other reason.
MacMurray College reserves the right to amend this Service Policy, and to modify, add or discontinue any aspect, content, or feature of the Network. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Network, via email or any other reasonable means. Continued use of the Network by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
As part of providing the Network, MacMurray College may gather and keep personally identifiable information about you when you enter information such as your name, mailing address, email address, telephone number, and/or other similar information on the Network. When you choose to provide us with this personally identifiable information, MacMurray College will act in a responsible manner. MacMurray College will maintain your personally identifiable information in secure on-line and off-line facilities. The collection of this personally identifiable information enables MacMurray College to provide this Network to you.
MacMurray College may store and disclose personally identifiable information as required by applicable law. We may make disclosures that are necessary or advisable to protect the rights, safety or property of MacMurray College or others, to conform to legal or regulatory requirements or to investigate or prevent violations of this Service Policy. Except as set forth herein, MacMurray College will not disclose, sell, lease or rent your personally identifiable information.
This Service Policy constitutes the entire agreement between User and MacMurray College and shall govern User's use of the Network, superseding any prior agreements between MacMurray College and User relating to the use of the Network. The User also may be subject to additional terms and conditions that may apply when third party services, third-party content or third-party software are used. This Agreement shall be governed by the laws of the State of Illinois and shall be subject to the exclusive jurisdiction of the State and Federal Courts of the State of Illinois. The failure of MacMurray College to exercise or enforce any right shall not constitute a waiver of such right or provision.