Modification of the Agreement
Eligibility, Registration, Access, and Termination
Posting of spam messages or other commercial advertisements is a violation of these terms and may result in termination of your account.
Certain portions of http://thesoftwarecommons.org are limited to registered users (and in some cases, US persons) and/or allow a user to participate in online services by entering personal information. You agree that any information provided to http://thesoftwarecommons.org in these areas will be complete and accurate, and that you will neither register under the name of nor attempt to enter http://thesoftwarecommons.org under the name of another person or entity.
You are responsible for maintaining the confidentiality of your user ID and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. http://thesoftwarecommons.org does not authorize use of your User ID by third-parties.
Privacy and Confidentiality
We respect your privacy. We will only use your personal identification information to support and manage your use of http://thesoftwarecommons.org, including the use of tracking cookies to facilitate http://thesoftwarecommons.org security procedures. Heartland Science and Technology Group and http://thesoftwarecommons.org sponsors regularly request http://thesoftwarecommons.org usage statistics and other information. Usage of http://thesoftwarecommons.org is monitored and usage statistics are collected and reported on a regular basis. http://thesoftwarecommons.org also reserves the right to contact you to request additional information or to keep you updated on changes to http://thesoftwarecommons.org. You may opt out of receiving newsletters and other non-essential communications. No information that would identify you personally will be provided to sponsors or third parties without your permission.
All information posted or stored on http://thesoftwarecommons.org is potentially available to all other users of http://thesoftwarecommons.org. Heartland Science and Technology Group and http://thesoftwarecommons.org disclaim any responsibility or capability for the preservation of confidentiality of such information. Do not post or store information on http://thesoftwarecommons.org if you expect to or are obligated to protect the confidentiality of that information.
You are responsible at all times for using http://thesoftwarecommons.org in a manner that is legal, ethical, and not to the detriment of others. Quotas for disk storage, job submissions, and other limited resources are strictly enforced. You may request an increase in your quota, but attempting to circumvent your quota is unethical and may lead to a termination of your account. You agree to delete unused files and acknowledge that if you fail to do so, the files may be deleted for you. You agree that you will not:
- use email addresses obtained or accessed through http://thesoftwarecommons.org to transmit the same or substantially similar unsolicited message to multiple recipients without a valid purpose specifically related to the research and education mission of http://thesoftwarecommons.org;
- use http://thesoftwarecommons.org to commit a criminal offense or to encourage others to conduct that would constitute a criminal offense or give rise to a civil liability;
- violate any applicable law;
- post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
- use http://thesoftwarecommons.org to impersonate other parties or entities;
- use http://thesoftwarecommons.org to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of http://thesoftwarecommons.org or the hardware or software of any other person who accesses http://thesoftwarecommons.org;
- upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- alter, damage, or delete any content posted on http://thesoftwarecommons.org;
- disrupt the normal flow of communication in any way;
- claim a relationship with or speak for any business, association, or other organization for which you are not authorized to claim such a relationship;
- post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation; or
- post any material that infringes or violates the intellectual property rights of another.
THE The Software Commons AND ANY INFORMATION, PRODUCTS OR SERVICES ON IT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Heartland Science and Technology Group and http://thesoftwarecommons.org do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any good, service, or information obtained from http://thesoftwarecommons.org. Heartland Science and Technology Group does not warrant that http://thesoftwarecommons.org will operate in an uninterrupted or error-free manner or that http://thesoftwarecommons.org is free of viruses or other harmful components. Use of http://thesoftwarecommons.org is at your own risk.
You agree that http://thesoftwarecommons.org and its administrator, Heartland Science and Technology Group, shall have no liability 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 your use of http://thesoftwarecommons.org or any resource that you access through http://thesoftwarecommons.org.
The http://thesoftwarecommons.org site hosts content from a number of authors. The statements and views of these authors are theirs alone, and do not reflect the stances or policies of Heartland Science and Technology Group or their sponsors, nor does their posting imply the endorsement of Heartland Science and Technology Group or their sponsors.
Choice of Law/Forum Selection/Attorney Fees
You agree that any dispute arising out of or relating to http://thesoftwarecommons.org, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of Illinois, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Champaign, Ilinois as the exclusive legal forums for any such dispute.