H2O

1. H2O Terms of Service

The H2O project ("H2O"), including the h2o.law.harvard.edu website (the "Site") and any related services (collectively, the "H2O Services") are maintained and operated by the Berkman Center for Internet and Society ("BCIS").

These terms and conditions (the "Terms of Service") govern your use of the H2O Services, and by using or accessing any portion of the H2O Services you agree to be bound by these Terms of Service, so please read these terms carefully before using or accessing H2O Services. If you do not agree to and accept these Terms of Service, including the H2O Privacy Policy, please do not register for an account or use the H2O Services in any manner. All individuals who access or otherwise use the H2O Services, including casual visitors to the Site, are referred to in these Terms of Service as "Users."

2. Privacy Policy

H2O respects your privacy. How H2O uses, collects, and stores data is governed by the H2O Privacy Policy. By using the H2O Services, you indicate that you understand and consent to the collection, use and disclosure of your information as described in H2O’s Privacy Policy. By agreeing to these Terms of Service, you additionally agree to be bound by H2O’s Privacy Policy.

3. Account Creation

In order to use some features of the H2O Services, you will need to register with H2O and create an account. When registering, you will be asked to provide certain personal information, such as your email address. Please see H2O’s Privacy Policy for H2O’s data-retention and usage policies. You agree not to create an account using false or misleading information or on behalf of someone other than yourself. Accounts created using intentionally misleading information are subject to termination at H2O’s sole discretion. If you have been banned or had your account revoked, you may not register for another account.

4. Use of the H2O Services

1. Obligations and Restrictions on Use

Your use of the H2O Services is subject to the following restrictions and obligations:

  1. a) You may use H2O only for personal, educational, or other types of noncommercial uses.
  2. b) You may not sell, rent, or otherwise offer the H2O Services to third parties, without H2O’s prior written consent.
  3. c) Use of the H2O Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, displaying content in a manner that violates any applicable laws, statutes, or regulations, or that H2O, in its sole discretion, finds to be obscene or defamatory is prohibited.
  4. d) You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as H2O’s policies when you use the H2O Services.
  5. e) You may not use the H2O Services in any way that interferes with the operation of the H2O Services or impacts any other User, host, or network, or circumvents any of the H2O Services’ security protections.

5. Children’s Privacy

The H2O Services are intended only for those over the age of 13, and by using or viewing the H2O Services in any way you represent that you are at least 13 years of age. H2O does not knowingly collect or retain any personal information for individuals under 13 years of age. Parents, if you believe that H2O has unintentionally collected personal information regarding your child, please contact H2O at h2o@cyber.law.harvard.edu so that H2O can remove it.

6. User Content

1. Contributing Content

Some portions of the H2O Services allow you to upload and post content (such as text, audio, video, questions, and commentary) to the Site ("User Content"). In addition, subject to Section 7 below, you may include embeddable links to third party material available through Third Party Services ("Embedded Links"). You represent and warrant that you have all rights necessary to upload the User Content, or to post the Embedded Links, to the Site and to grant the rights granted by you to H2O and other Users pursuant to these Terms of Service.

2. License to User Content

  1. a) By submitting your User Content to the H2O Services, you grant H2O a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your User Content in connection with the H2O Services.
  2. b) By submitting your User Content to the H2O Services, you also agree to allow H2O to license your Content under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, the terms of which are available at http://creativecommons.org/licenses/by-nc-sa/3.0/, to allow others to freely re-use and adapt your Content with proper attribution.

7. Third-Party Services and Content

Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties (collectively, "Third-Party Services"). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and H2O is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.

8. Intellectual Property

1. Intellectual Property Rights

Except for any User Content, H2O owns and retains all right, title, and interest in and to the H2O Services, including, but not limited to, the design and architecture of the H2O Services, as well as any software, logos, or content provided through H2O, including any intellectual property or other proprietary rights contained therein (collectively, "H2O IP"). You must seek permission from H2O if you desire to use the H2O Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by H2O under these Terms of Service or otherwise, you are not granted any rights in and to any H2O IP.

2. Digital Millennium Copyright Act Policy

H2O respects the intellectual property rights of others and asks that Users do the same. If you are a rights-holder and believe that your rights have been violated in connection with User Content that is made available through the H2O Services, in accordance with the Digital Millennium Copyright Act ("DMCA", see 17 U.S.C. § 512(c)(3) for more information) please send an email or written notice to H2O’s designated agent for infringement claims with the following information:

  1. 1. An electronic or physical signature of a person authorized to act on behalf of the rights-holder.
  2. 2. A description of the work that you claim has been infringed.
  3. 3. A URL indicating where the claimed infringing material is located on the H2O Services.
  4. 4. Your address, telephone number, and email address.
  5. 5. A statement by you declaring a good-faith belief that the content use is not authorized by the rights-holder or its agent and is prohibited by law.
  6. 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or an agent authorized to act on the copyright owner's behalf.

H2O’s designated agent for notice for claims of infringement can be reached as follows:

Tracy Walden
Harvard University Information Technology
IT Security | Policy, Risk and Compliance
+1.617.496.8515
1414 Massachusetts Avenue, Room 346
Cambridge, MA 02138
Email: dmca@harvard.edu

3. Counter-Notice

If you receive notification that your User Content has been removed from the H2O Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email or written notice to H2O’s designated agent with the following information:

  1. 1. Your physical or electronic signature.
  2. 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
  3. 3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. 4. Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in Suffolk County, Massachusetts, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.

9. Content Removal and Account Termination

You are entirely responsible for all activities that occur on or through your account. H2O retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account; to limit your access to the H2O Services or portions thereof; to remove links in your User Content to other Content on the H2O Services; to remove Embedded Links to Third-Party Services; and to delete your User Content at H2O’s discretion, with or without notice to you. H2O may at any time remove other Users’ Content that you have chosen to incorporate into your own User Content, causing it to be removed from your User Content as well. H2O is under no obligation to provide compensation for any such losses or results, which may occur due to your failure to comply with the these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the H2O Services, for offensive User Content or conduct, or for technical reasons.

10. Warranty Disclaimer

H2O AND BCIS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE H2O SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS," AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE H2O SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM H2O’S SERVERS. H2O AND BCIS ASSUME NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE H2O SERVICES, WHETHER OR NOT PROVIDED BY H2O OR ITS PARTNERS. H2O DOES NOT GUARANTEE THAT THE H2O SERVICES WILL BE AVAILABLE AT A GIVEN TIME. H2O AND BCIS ARE NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY H2O OR BCIS IN ANY WAY.

11. Limitations of Liability

IN NO EVENT IS H2O OR BCIS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE H2O SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE H2O SERVICES, THIRD-PARTY CONDUCT ON THE H2O SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE H2O SERVICES.

12. Indemnification

You agree at your own expense to indemnify, defend, save, and hold harmless BCIS and H2O, their employees, affiliates, officers, directors, contributors, and other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the H2O Services, or your violation of these Terms of Service.

13. General Terms

Updates and Changes to These Terms of ServiceH2O reserves the right to modify these Terms of Service at anytime at its discretion. If H2O does make changes to this privacy policy, H2O will update this page accordingly. Please check this page periodically for any changes. Your continued use of the H2O Services after this page is updated with the new terms signifies your acceptance of the amended Terms of Service. No amendment to these Terms of Service or Privacy Policy shall apply to any dispute of which H2O had actual notice before the date of the amendment. Other additional terms may apply to other functions or components of the H2O Services. If there is a conflict between these Terms of Service and the other additional terms, the other additional terms will govern.

1. Entire Agreement

These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the H2O Services.

2. Applicable Law and Forum

These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of law. If you bring a suit against H2O or BCIS, you hereby consent to the exclusive jurisdiction of state and federal courts in Suffolk County, Massachusetts, and hereby consent to the personal jurisdiction of said courts.

3. Location of Services

The H2O Services are controlled and offered by BCIS from its facilities in the United States. H2O makes no representations that the H2O Services are appropriate or available for use in other locations. Those who access or use the H2O Services from other jurisdictions do so at their own volition and are responsible for complying with local law.

4. Severability

If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.

5. Language of the Terms of Service

If H2O provides you with a translation of the English version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English-language version. In the event of a conflict between a translation and the English version, the English version will govern.

6. Site Source Code

H2O makes some of its source code related to the H2O Services available under the GNU Affero General Public License. You can obtain the source code that H2O makes available as open source software at https://github.com/berkmancenter/h2o.

7. No Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and H2O’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

8. Questions?

If you have questions about these Terms of Service, please contact H2O at h2o@cyber.law.harvard.edu.

Last modified on April 22, 2013.