Terms of Service.

Welcome to Case Western Reserve University Alumni Online Services! This service is provided exclusively for alumni of Case Western Reserve University. As part of our service, Case Western Reserve University ("Case" or "the University") agrees to provide you with e-mail services, personal information pages, and other computer services that Case may decide to offer, subject to the terms of this Agreement, and modified by the Disclaimer. You agree to use Case Online services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

The Alumni Association electronically publishes news and information that may include facts, views, opinion and recommendations of individuals and organizations deemed of interest. The Alumni Association does not itself guarantee the accuracy, completeness or timeliness of or otherwise endorse information provided by any organization or individual, give advice or advocate the purchase or sale of any product or service.

CASE ONLINE IS AN INFORMATION AND COMMUNICATION SERVICE PRODUCED BY CASE WESTERN RESERVE UNIVERSITY. BY USING CASE ONLINE YOU AGREE TO ALL TERMS OF THIS USER AGREEMENT. READ THIS AGREEMENT BEFORE USING Case Online. YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS.

RESPONSIBILITY FOR USE

You are responsible for all use of Case Online on your account. This agreement is personal to you; you may not assign it to anyone nor let anyone else use your account. If you become aware of any unauthorized use of your Case Online account, you agree to notify IT Technical Support Desk by telephone at (216) 368-6280 and confirm the notice in writing to: Information Technology Services, Case Western Reserve University, 11000 Cedar Avenue, Cleveland, OH 44106-7035.

RULES OF CONDUCT

The facilities and services of Case Western Reserve University are maintained primarily to serve the needs of the University community--educational (teaching, research and scholarship), administrative and social. All individuals and groups using University facilities and services are expected to abide as well by the rules of conduct described below. These general rules are designed to preserve freedom of expression and to reaffirm the civil, personal, and property rights of the University and its members.

Conduct which is subject to University action includes:

A. Interference with freedom of speech or movement, or intentional disruption or obstruction of teaching, research, administration, or other functions on University property.

B. Actual or threatened physical abuse of any person on University premises or at functions sponsored or supervised by the University.

C. Refusal to comply with the directions of University officials, instructional or administrative, acting in performance of their duties.

D. Theft or vandalism of University property or that of a member of the University or a campus visitor.

E. All forms of dishonesty, including cheating, plagiarism, knowingly furnishing false information to the University, forgery, and the alteration or misuse of University documents, records, or instruments of identification.

F. Violations of civil law on University premises or in connection with University functions.

Case Online subscribers who violate the University Rules of Conduct and/or the Case Online Terms of Service are subject, at the sole discretion of the University, to the immediate termination of their account and its accompanying privileges.

While the University's rules and regulations exist to affirm the special values and functions of the academic community, it should be noted that all federal, state, and local laws pertaining to free speech are applicable with respect to Case Online.

ELECTRONIC CHAIN MAIL

Electronic chain mail letters are a waste of system resources. Consider that if everyone who received a chain letter mailed a copy of the letter to four or five other people, the network mail systems would soon be doing nothing but delivering mail, and no one would get any work done. Further, chain letters waste the time of the postmaster and other systems staff, who must spend considerable effort stamping them out. Chain letters are a violation of Internet policies on `appropriate use', as set by the various networks that make up the Internet backbone. In addition, most chain letters, electronic or not, violate various government regulations against pyramid schemes. If you participate in a chain letter, you may lose your Casenet account privileges either temporarily or permanently.

COPYRIGHT AND INFORMATION USAGE RESTRICTIONS

All news and information provided through Case Online is the property of Case Western Reserve University or its licensors and is protected by applicable copyright law. Information received through Case Online is for your personal, noncommercial use only. You agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast or circulate the information received through Case Online to anyone without express prior written consent of The Alumni Association. You understand that you do not acquire any ownership rights by downloading copyrighted materials.

Your Case Online account, and your obligations under this agreement, will continue until terminated by The Alumni Association or until you notify the University by sending email to alumnirelations@cwru.edu. The Alumni Association may discontinue Case Online or its availability to you at any time without notice.

Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to Case Online bulletin boards. The posting of any other type of file and the posting of links to any other type of file is not permitted. The following types of files are examples of impermissible 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 Case Online without the express permission of the author or owner of the copyright on the material. You acknowledge that only the owner or someone authorized by the owner to post the material may do so.

CASE ONLINE COMMUNICATION SERVICES

Communication services provided through "Case Online," such as alumni-specific web pages, Case Online alumni directory, and other services which may be available in the future, are designed for private communication between alumni users. Case 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 the University's attention that this type of abuse is occurring.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR RISK. Case Online 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. SPECIFICALLY, Case 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 INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Case IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER Case 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.

TRADEMARKS

"Case Western Reserve University," Case Online and their respective logos are trademarks of the University. Other trademarks appearing on Case Online are trademarks of their respective owners.

NOTICES AND OTHER COMMUNICATIONS

Case Western Reserve University may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in Case"s account information, or by written communication sent by first class mail to your address. You may give notice to The Alumni Association (such notice shall be deemed given when received by the University at any time by:

a) electronic mail to lxt6@case.edu with letter telecopied to The Alumni Association at the following fax number: (216) 368-6872; or

b) letter delivered by first class postage prepaid mail or courier to Case at the following address:

The Alumni Association
Case Western Reserve University
11000 Cedar Avenue
Cleveland, OH 44106-7035
Attn: Case Online

You acknowledge that Case intends to communicate with you from time to time via your account regarding matters of interest to the University and its alumni, and you agree to receive such communications.

INDEMNIFICATION

You agree to hold Case harmless from any claims and expenses, including reasonable attorney's fees and court costs, resulting from your violation of the terms of this Agreement.

TERMINATION OF SERVICE

You may terminate this Agreement and your right to use Case Online by selecting the applicable on-line cancellation form. Case may terminate your account or access rights to this Service at any time, without notice, for conduct deemed to violate this Agreement or other posted policies or guidelines, or for online conduct that the University believes is harmful to other users, to University interests, or to other information providers.

CHOICE OF LAW

This Agreement shall be construed and controlled by the laws of the State of Ohio. You submit to the personal jurisdiction of the state and federal courts sitting in the State of Ohio.

AMENDMENT

Case may amend or modify this Agreement or impose new conditions at any time upon notice from The Alumni Association to users as published on Case Online or by written notice as provided above. Any use of the Service after such notice shall be deemed to constitute acceptance of such amendments, modifications, or new conditions.

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