Terms of Service

Introduction

This policy sets forth the principles that govern the use by users of the systems, services, and products provided by Ohio Wesleyan University (“OWU”). The policy has been created to promote the integrity, security, reliability, and privacy of OWU’s systems and networks.

Compliance with Law

Users shall not post, transmit, re-transmit, or store material on or through any of OWU’s systems, services, or products that: (i) is in violation of any local, state, or federal law or regulation; (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, “persons”); or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations—including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by the user(s).

Prohibited Uses of OWU’s Systems, Services, and Products

This policy identifies the actions that OWU considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this policy, users may only use OWU’s systems, services, and products in a manner that is, at OWU’s sole discretion, consistent with the purposes of such systems, services, and products. If a user is unsure whether a contemplated use or action is permitted under the policy, the user should E-mail OWU with a description of the proposed use at barellin@owu.edu for a determination as to whether the use is permissible under this policy. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of OWU’s systems, services, and products as described in subsections 1 through 4 are expressly prohibited:

  1. Prohibited Actions: General Conduct
    1. Transmitting on or through any of OWU’s systems, services, or products any material that is, at OWU’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national, or international law.
    2. Violations of the rights of any person protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
    3. Actions that restrict or inhibit any person, whether an OWU user or otherwise, in his/her use or enjoyment of any of OWU’s systems, services, or products.
    4. Deceptive online marketing practices.
  2. Prohibited Actions: System and Network Security
    1. Attempting to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks.
    2. Affecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which user is not an intended recipient or logging onto a server or account that user is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to “crash” a host.
    3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s terminal session, by any means, locally or by the Internet.
    4. Executing any form of network monitoring that will intercept data not intended for the user.
  3. Prohibited Actions: E-mail
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (“E-mail spam”). Users are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving E-mail, the user must not send that person any further E-mail.
    3. Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings.
    4. Malicious E-mail, including, but not limited to, “mailbombing” (flooding a user or site with very large and/or numerous pieces of E-mail).
    5. Unauthorized use, or forging, of mail header information.
    6. Using an OWU account to collect replies to messages sent from another provider.
  4. Prohibited Actions: Individual Accounts
    1. Sharing of passwords or accounts with others.

Warranty/Limitation of Liability

The EFL service is provided “As Is.” Use of information obtained from or through this service is at your own risk. OWU does not warrant, and hereby disclaims any warranties, either express or implied, with respect to this service, including but not limited to warranties of accuracy, completeness, noninfringement, merchantability, or fitness for a particular purpose of any information obtained from the service Web site (“Site”) or a link to it. OWU does not warrant that this service will operate in an uninterrupted or error-free manner or that the service is free of viruses or other harmful components.

YOU AGREE THAT OWU WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR PLACEMENT OF CONTENT ON THIS SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS SITE. IN PARTICULAR, OWU WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR PLACEMENT OF CONTENT ON THIS SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.