The date of this service agreement is April 23, 2001. Please read this service agreement carefully. Together with the Guidelines for Acceptable Use and the privacy statement, it governs your use of the CASE Web site and other information, communication and transaction services (collectively called the "Service") that may be provided to you by CASE from time to time.
This agreement, the guidelines and the privacy statement, supersede all prior communications and agreements with regard to their subject matter.
(a) By completing the registration process to become a subscriber of the CASE Web Site Service ("Service") or by using the Service or any software provided by CASE ("Software") other than to read this agreement, you agree to accept the terms of the agreement (including the guidelines and the privacy statement) as if you had signed it. CASE may change this agreement at any time; such changes will be effective immediately upon posting of notice on the Web site, transmission of notice by e-mail, postal mail or any other means. Each time you use the Service reaffirms your acceptance of the then-current agreement. If you do not wish to be bound by this agreement, you may discontinue using the Service and the Software and immediately terminate your account as set forth below.
(b) Please refer to any initial signup communications for specific information with respect to your service level. CASE may discontinue or alter any service level or aspect of the Service at any time, without notice, without liability and in CASE's sole discretion.
2. Your obligations
(a) You agree to provide CASE with accurate, current and complete information to the extent required by CASE for your registration as a subscriber of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. You agree in your enrollment and in your use of the Service not to impersonate any other person or entity, and you represent that you are 13 years of age or older.
(b) You are responsible and liable for any activity by any person who uses your account with the Service. Other users of your account will be bound by this agreement as if they were you. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately change your password and notify CASE by sending an email to email@example.com.
(c) You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Service and for any telephone charges associated with connecting to the Service. Depending on your location, connecting to the access number(s) you select may involve long-distance telephone charges.
(d) You expressly permit and authorize CASE (and such third parties as may be authorized by CASE, subject to the privacy statement) to furnish you, electronically or by any other means selected by CASE, information prepared by CASE or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that any such advertisements and solicitations are an inseparable part of the Service, and you understand and agree that such advertisements and solicitations cannot be terminated unless the Service is also terminated. Some third parties furnishing you with advertisements and solicitations through the Service may permit you to "opt out" of receiving such communications from them in which case you can do so by following the instructions they provide. However, CASE is not responsible for any such party's failure to comply with its own "opt-out" policies nor does CASE endorse the views or content of any third-party advertisements or solicitations. All such advertisements and solicitations will be understood to be "requested" by you through the act of using the Service, and each time you use your account reaffirms such request. CASE's policies relating to privacy and the collection and use of subscriber information are set forth in the privacy statement, which forms an integral part of this agreement.
(e) You agree in using the Service to comply with CASE's Guidelines for Acceptable Use. You acknowledge that the Service is provided only for personal and professional use by you.
(f) While CASE does not presently do so, in the future event that CASE may provide email services or other services on line to its members, you agree that CASE may establish general practices and limits concerning use of the Service. These may include from time to time, among others, the maximum number of days that unread email messages will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on CASE's servers on a subscriber's behalf, and the maximum number of times (and the maximum duration for which) a subscriber may access the Service in a given period of time. You acknowledge that such limits may differ for different portions of the Service, and in particular may be set at different levels for subscribers based on their chosen service level and/or geographic location. You also acknowledge that CASE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(a) You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible to you through your use of the Service. You acknowledge that, as a matter of policy, CASE does not pre-screen such materials, but that CASE has the right (but not the obligation) to remove from its computer servers materials (including, without limitation, materials created, posted, uploaded or transmitted by you) that CASE, in its sole discretion, determines to be in violation of the guidelines. You further acknowledge, however, that CASE may not have the capability to monitor, review, restrict, edit or remove some or all materials made available by third parties on its Web site, and you agree that you must evaluate and bear all risks associated with the use of any materials, including any reliance on the accuracy, completeness or usefulness of such materials. The fact that CASE may provide a link to a particular Web page is not an indication that it endorses that site's policies or the content or products available from that particular site.
(b) The following are trademarks or service marks of CASE: Council for Advancement and Support of Education, CASE and CURRENTS. Other trademarks or service marks appear on this Web site with the permission of their owners. You acknowledge that materials available through the Service may be protected by copyright, trademarks and other intellectual property rights. You agree that your use of such materials is governed by all applicable laws and regulations and by any further restrictions placed on such materials by their owners or licensors.
(c) You acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums and public mailing lists), and that CASE is a distributor (and not a publisher) of information disseminated by persons using the Service. By posting, uploading or transmitting material to any such area, you are requesting CASE to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading or transmitting material to any public area, you (i) grant to CASE a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license (including any moral rights) to use, reproduce, modify, adapt, publish, distribute, display and create derivative works from such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above.
(a) As a subscriber of the Service, you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card or other payment method to pay for any purchases or billable portions of the Service, you expressly authorize CASE or its agents to charge all fees and other charges incurred in connection with your Service to the credit card or other payment method you have designated, and such authorization will remain valid unless revoked by you pursuant to paragraph 8(b). If you use a credit card and CASE does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by CASE. Fees are non- refundable, except as otherwise provided in this agreement.
(b) You may change your designated payment method by contacting CASE in the manner specified for that purpose on CASE's Web site. CASE reserves the right to accept other forms of payment or to modify the forms of payment it will accept. If CASE elects to authorize alternative or additional methods of payment, your designation of such a method of payment will be deemed to be an authorization to CASE to bill you, in a manner appropriate to your designated payment method, for all fees and other charges incurred in connection with your service.
(c) If CASE does not receive the amount of your account balance within 30 days of the applicable invoice date, an additional 1.5 percent (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You will be liable for all attorney and collection fees arising out of CASE's efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, you must notify CASE within 90 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release CASE from any liability for any error or discrepancy that is reported to CASE after such period.
(d) Your subscription to any billable portion of the Service will continue and renew automatically, unless terminated by CASE or until you notify CASE pursuant to paragraph 8(b) of your decision to terminate your subscription to a portion of the Service. CASE reserves the right at any time to change its fees and charges for use of portions of the Service, to institute new or additional fees, and to change its policies, methods and procedures with respect to pricing, billing, cancellations, and surcharges. Although CASE expects to provide email or other notice to you prior to increasing the price you pay for the Service, CASE shall not be required to do so before making any of the changes described. You may obtain current pricing information for different service levels as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) through CASE's Web site or (ii) by sending an e-mail to firstname.lastname@example.org. CASE may modify the means of accessing rates and billing information in its sole discretion.
(e) You agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Service or goods or services that you purchase through the Service.
5. Software license
(a) In the event that CASE may at any time provide you with software for use in connection with its Web site, CASE grants to you a personal, non-transferable, non- exclusive license to use the software (in object code form only) to access the Service subject to the terms and conditions of this agreement. Any such software is licensed, not sold, to you by CASE and may be used only to connect to the Service from the United States of America and such other locations as CASE may authorize.
(b) If CASE does distribute software to you, you may copy and archive the software, and you may distribute copies of the software to third parties, provided that all such copies contain the same copyright notice and proprietary markings as are on the original software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, CASE may, at any time, and in its sole discretion, prohibit your distribution or your further distribution of the software to third parties and require you to discontinue any such activity.
(c) You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Web site or any software which CASE may provide to you in providing the Service. You agree not to attempt to modify the Web site or software in any manner or form or for the purpose of obtaining unauthorized access to the Service or disabling features of the software or Service. Except as may be permitted by CASE, you agree not to access the Service by any means other than through the interface that is provided by CASE for use in accessing the Service.
(d) The Service may include certain cryptographic software that may be subject to export controls under the U.S. Export Administration Act. The software may not be exported to any country or to any foreign entity or "foreign person" to the extent prohibited under applicable U.S. government regulations. By downloading or using the software, you are acknowledging and agreeing to the foregoing limitations on your right to export or re-export the software, and are also representing and warranting that you are neither on any of the U.S. government's lists of export precluded parties nor otherwise ineligible to receive software containing cryptography that is subject to export controls under the U.S. Export Administration Act. 4.5. You acknowledge and agree that (i) you are not acquiring the license granted hereunder on behalf of a U.S. government agency and (ii) the license granted hereunder is not being acquired pursuant to a U.S. government contract.
(e) You acknowledge that CASE and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Service, except as expressly licensed in this agreement. All rights in the content, information and materials accessed through use of the Service are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that CASE's suppliers are direct and intended third-party beneficiaries of this agreement.
6. No warranties
(a) You agree that use of the Service is at your sole risk. You acknowledge that the Service may provide access to the Internet and other Web sites, but that the Internet and other Web sites are not owned, operated or managed by CASE.
(b) With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, CASE (i) has no responsibility or obligation with respect to (and does not endorse) any information, good or service, (ii) makes no warranties whatsoever (express or implied) with regard to any information, good or service (including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose), (iii) will not be a party to a transaction between you and any other user of the Service, and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. CASE does not assume liability to subscribers or others for any failure to enforce the guidelines.
(c) CASE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. CASE DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY CASE, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
(d) UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL CASE OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
(a) You agree to indemnify CASE against liability arising from your use of the Service (including, without limitation, your dissemination of any information on the Service).
(a) CASE may terminate your access to the Service and your account at any time, for cause or for no cause, with or without written (including electronic) notice. Upon termination, you will have no right to continue to use the Service or access any stored content on the Service (and any such content will be forfeited). You acknowledge that if an account on the Service is terminated (or if you delete your account from CASE's central computers), any unread email sent prior to termination (or deletion of your account) may be deleted from the Service.
(b) You may cancel billing for your Service at any time by calling CASE at 202-328-CASE  or by using such other means as CASE may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this agreement or any terms, policies, or practices of CASE in operating the Service, any content available through the CASE Service, or any change to any of the foregoing, your sole recourse is to cancel your service. Deleting your account from CASE's central computers or removing the software from your computer will not cancel billing for your service.
(a) The failure of either you or CASE to insist upon or enforce strict performance by the other of any provision of the agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and CASE nor trade practice will act to modify any provision of the agreement.
(b) If any provision of this agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this agreement will remain in full force and effect.
(c)This agreement and its enforcement will be governed by, and construed in accordance with, the laws of the District of Columbia, without regard to conflicts-of-law principles. You consent to the exclusive jurisdiction of the state and federal courts situated in the District of Columbia in connection with any action arising under this agreement or relating to the Service or software. Any cause of action brought by or on behalf of you with respect to this agreement, the Service or software must be commenced within one year after the claim or cause of action arose.
The date of these Guidelines for Acceptable Use is April 23, 2001.
Please read these Guidelines for Acceptable Use carefully. Together with the Service agreement and the privacy statement, they govern your use of the Service and other information, communication and transaction services (collectively called the "Service") provided to you by CASE. These guidelines, the Service agreement and the privacy statement supersede all prior communications and agreements with regard to their subject matter; the current version of each may be found at CASE's Web site at www.case.org. Failing to comply with these or any other guidelines made available to you from time to time by CASE, or interfering with any other person's use and enjoyment of the Service or any other online service, may result in termination of your account.
(a) Unsolicited Commercial email--Spamming. The CASE Web site may not be used to send unsolicited advertisements for goods or services of any kind, free or for profit. Furthermore, if CASE offers email as part of its Service, CASE accounts may not be used as a "dropbox" or repository for responses to an unsolicited advertisement (including, but not limited to, inquiries, complaints, unsubscribe replies or bounced messages). Users may be fined $200 for each day this provision is violated. Full payment of fines will not prevent CASE from terminating the offending account or seeking to obtain other legal remedies against the responsible user, including other damages or an injunction.
(b) Mass Mailings. You may not use the Service to disseminate any email message in a broad-based mailing without CASE's prior consent. Whether a given mailing constitutes a "mass mailing" is determined by CASE in its sole discretion, based on criteria which may include the size of the message being sent and the number of recipients. Any message sent to more than 50 email addresses simultaneously will typically be considered a mass mailing and will not be permitted. Sending chain letters through the Service is prohibited. Using the Service to participate in a pyramid scheme is prohibited. Pyramid schemes are illegal operations in which an email recipient is encouraged to send money to a list of several people, replace one name on the list with his/her own, and forward the email in bulk to others.
(c) Threats. You may not use the Service to transmit any harmful, threatening, abusive, harassing, defamatory, hateful or other offensive material. For everybody's safety and comfort, we are obligated to take threats seriously. If you make a threat, your account may be terminated even if you were joking or didn't intend to follow through on the stated threat.
(d) Mail Bombs. The use of the CASE Service to send a mail bomb is prohibited. Mail bombing is defined as sending numerous and/or unusually large files or messages to one or more recipients with malicious intent.
(e) Harassment. email harassment is prohibited. Harassment is defined as sending unsolicited messages which interfere with others' enjoyment of the Service. A message does not need to be overtly threatening or have obscene content to qualify as harassment. Unlike threatening messages, harassing mail can sometimes be the unintended result of mail repeatedly sent to a misspelled or otherwise incorrect address, a poorly maintained mailing list or indiscriminate use of the "reply to all" function. You can avoid unintentionally harassing other users by: 1. Making sure you know all the people to whom your message is addressed before sending it; 2. Making sure that the addresses entered in your address book are entered correctly; 3. NOT selecting "Reply to All" without knowing who all the recipients are and being sure that they welcome mail from you; and 4. Refraining from emailing any person who has stated that he or she does not wish to receive mail from you.
(a) Newsgroup Spamming. Excessive cross-posting, or posting of the same article to multiple newsgroups, is prohibited. Generally accepted standards allow posting of a single article (or substantially similar articles) to no more than 15 newsgroups. Reported incidents of newsgroup cross-posting will be investigated and may lead to termination of your account.
(b) Off-Topic or Harassing Posting. Articles posted using the Service must comply with the written charter of the newsgroup to which they are posted. If a newsgroup does not have a charter, it is the responsibility of the CASE user to determine the rules of the newsgroup before posting. Please know that the vast majority of newsgroups prohibit posts such as chain letters, pyramid schemes, encoded binary files (such as images or sound files), job offers or listings and personal ads.
(a) Resale. You may not resell the Service or any part of the Service.
(b) Impersonation or Header Forgery. A CASE user may not attempt to send email or post articles to newsgroups, mailing lists or other forums using a name and address of someone other than himself/herself. Attempting to impersonate any person, using forged headers or other forged identifying or transmission path information or knowingly permitting another person to falsely identify your account as the origin of such transmission is prohibited and cause for immediate termination.
(c) Password Solicitation and Other Security Attacks. Use of the Service to compromise the security or damage the resources of any other Internet user or site is strictly prohibited. Use or distribution of tools designed for compromising security is prohibited. The Service may not be used to transmit or receive replies to password solicitations.
(a) The Service may not be used to transmit or post any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(a) You agree to post, upload or transmit on or through the Service only material that is not subject to any third-party rights or material for which you have obtained from the owner of the rights in such material the express authorization to distribute the material on or through the Service. Any violation may result in civil or criminal liability. In addition, you will indemnify and hold CASE harmless from any damages you may cause to CASE or third parties.
(a) The following guidelines apply to your connection to the Service: You agree that your account may not be used to maintain a persistent and continuous connection to the Service, and you may not engage in any practice (such as automated and/or persistent checking of the host server) or use any software or device (such as an auto-dialing device) in an effort to maintain a persistent and continuous connection, except as CASE may explicitly permit for certain service levels. You agree that CASE may terminate your connection after a period of inactivity and/or if necessary, each as determined in CASE's sole discretion, to restore or maintain general availability of access to the Service by, and/or appropriate allocation of resources among, CASE subscribers. You may not create "simultaneous sessions" (defined as the use of a single dial-up account on the Service by two or more modems at the same time) unless permitted for your service level.
7. Illegal activity
(a) Service access may be used for lawful purposes only, and use of the CASE Service for the transmission or storage of any information, data or material in violation of any federal or state regulation or law is strictly prohibited. Notification of claimed copyright infringement or any other illegal activity should be sent to: CASE, 1307 New York Avenue, N. W., Washington, DC 20005