Welcome to the Southern Vermont College Alumni web site. As part of our service, SVCAlumni.org agrees to provide you with information libraries, e-mail services, mailing lists, bulletin boards/news groups, and other computer services that Southern Vermont College may decide to offer, subject to the terms of this Agreement, and modified by the Disclaimer. Upon notice published through the Service, Southern Vermont College may modify this Agreement at any time. You agree and continue to agree to use SVCAlumni.org 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, 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. Users who violate the Terms of Service will receive a warning from the System Administrator or other agent of Southern Vermont College 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, Southern Vermont College, 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. Southern Vermont College grants to User a personal, non-exclusive, non-assignable, and non-transferable license to use and display the SVCAlumni.org 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 Southern Vermont College 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 SVCAlumni.org. 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. Photographs depicting the consumption of alcohol. Copyrighted material, including without limitation text, photographs, sound, video, and music, may not be placed on SVCAlumni.org 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 SVCAlumni.org is not protected by copyright rests with the User. User acknowledges that Southern Vermont College 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.
ONLINE COMMUNICATION SERVICES
Communication services provided through SVCAlumni.org, such as the Alumni Directory, alumni-specific web pages, mailing lists, bulletin boards, newsgroups, and other services in the future, are a part of SVCAlumni.org designed for private communication between past student and alumni users. Southern Vermont College 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 Southern Vermont College's attention that this type of abuse is occurring.
LIMITATION OF LIABILITY AND WARRANTY
Customer agrees that use of the service is entirely at customer's own risk. Southern Vermont College's services are provided "as is," without warranty of any kind, either expressed 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 svcalumni.org software licensed to the customer and the results obtained through the service. Specifically, Southern Vermont College 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 Southern Vermont College 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 the customer. Neither Southern Vermont College 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 SVCAlummni.org 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 SVCAlumni.org.
TRADEMARKS
The Southern Vermont College seal, Mountaineer Logo(s) and all computer-generated graphics on SVCAlumni.org are trademarks of Southern Vermont College. All other trademarks appearing on SVCAlumnin.org are trademarks of their respective owners.
NOTICE
Southern Vermont College may give notice to Users by means of a general notice on SVCAlumni.org, electronic mail to User's e-mail address on record in Southern Vermont College's account information, or by written communication sent by first-class mail to a User's address on record in Southern Vermont College's account information. You may give notice to Southern Vermont College. Such notice shall be deemed given when received by Southern Vermont College at any time by any of the following: electronic mail; letter faxed to Southern Vermont College at the following fax number: 802 447-4695; or letter delivered by the United States Postal Service to Southern Vermont College at the following address:
Southern Vermont College
Attn: Alumni & Development
982 Mansion Drive
Bennington, VT 05201
INDEMNIFICATION
User agrees to indemnify and hold Southern Vermont College harmless from any dispute which may arise from a breach of terms of this Agreement. User agrees to hold Southern Vermont College 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. Southern Vermont College may terminate user's account or access rights to SVCAlumni.org at any time, without notice, for conduct that Southern Vermont College believes violates this Agreement or other policies or guidelines that Southern Vermont College has posted on SVCAlumni.org. Southern Vermont College may terminate user's account or access rights to SVCAlumni.org for online conduct that SVCAlumni.org believes is harmful to other Users, Southern Vermont College's business, or other information providers. Southern Vermont College may make the decision regarding User's access at its sole discretion and without cause. |