ACCEPTABLE USE POLICY
Why is NSGIC providing this Policy to me?
NSGIC's goal is to provide GIS Inventory users with the best System possible. In order to help accomplish this, NSGIC has adopted this Acceptable Use Policy (the "Policy"). This Policy outlines acceptable use of the NSGIC GIS Inventory System (the "System"). This Policy is in addition to any restrictions contained in the NSGIC Privacy and Liability Statements.
What obligations do I have under this Policy?
All NSGIC System customers and all others who use the System (the "customer," "user," "you," or "your") must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your System account. If you do not agree to comply with this Policy, you must immediately stop all use of the System and notify NSGIC so that it can close your account.
How will I know when NSGIC changes this Policy and how do I report violations of it?
NSGIC may revise this Policy from time to time by posting a new version. NSGIC will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the http://www.NSGIC.org web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the NSGIC System should read any NSGIC announcements they receive and regularly visit the http://www.NSGIC.org web site and review this Policy to ensure that their activities conform to the most recent version.
I. Prohibited Uses and Activities
What uses and activities does NSGIC prohibit?
In general, the Policy prohibits uses and activities involving the System that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the System by others. For example, these prohibited uses and activities include, but are not limited to, using the System, Customer Equipment, or the NSGIC Equipment, either individually or in combination with one another, to undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, inappropriate, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful; upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the System or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; transmit unsolicited bulk or commercial messages commonly known as "spam;" send large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar System; initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme; participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity; collect responses from unsolicited bulk messages; falsify, alter, or remove message headers; falsify references to NSGIC or its network, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"); violate the rules, regulations, terms of System, or policies applicable to any network, server, computer database, System, application, system, or web site that you access or use.
Accessing any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breaching the security of another user or system; or attempting to circumvent the user authentication or security of any host, network, or account is a violation of the Acceptable Use Policy. This includes, but is not limited to, accessing data not intended for you; logging into or making use of a server or account you are not expressly authorized to access; probing the security of other hosts, networks, or accounts without express permission to do so; using or distributing tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited. You shall not copy, distribute, or sublicense any proprietary software provided in connection with the System. You shall not alter, modify, or tamper with the NSGIC equipment or System or permit any other person to do the same who is not authorized by NSGIC. You shall not post or transmit any information or software which contains a worm, virus, or other harmful feature, or generate levels of traffic sufficient to impede others' ability to use, send, or retrieve information; restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the System or any NSGIC (or NSGIC supplier) host, server, backbone network, node or System, or otherwise cause a performance degradation to any NSGIC (or NSGIC supplier) facilities used to deliver the System.
II. Customer Conduct and Features of the System
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the System that violates this Policy, even if it was committed by a friend, family member, or guest with access to your System account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the System by, for example, strictly maintaining the confidentiality of your System login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the System, including any data stored or shared on that device.
It is also your responsibility to secure the customer equipment and any other premises equipment or programs not provided by NSGIC that connect to the System from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does NSGIC address inappropriate content and transmissions?
NSGIC reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to NSGIC's network or customers using the System, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither NSGIC nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the System. However, NSGIC and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.
III. Network Management and Limitations on Data Consumption
Why does NSGIC manage its network?
NSGIC manages its network with one goal: to deliver the best possible experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as NSGIC works to promote the use and enjoyment of the Internet by all of its customers. NSGIC uses reasonable network management practices that are consistent with industry standards. NSGIC tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, NSGIC's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to NSGIC. In fact, all large Internet System providers manage their networks. Many of them use the same or similar tools that NSGIC does. If NSGIC didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of System. By engaging in responsible network management including enforcement of this Policy, NSGIC can deliver the best possible experience to all of its customers.
How does NSGIC manage its network?
NSGIC uses various tools and techniques to manage its network, deliver the System, and ensure compliance with this Policy. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that NSGIC may be required to implement in order to meet its goal of delivering the best possible Internet experience to all of its customers.
IV. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
NSGIC reserves the right immediately to suspend or terminate your System account if you violate the terms of this Policy.
How does NSGIC enforce this Policy?
NSGIC does not routinely monitor the activity of individual System accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in NSGIC's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the System. NSGIC has no obligation to monitor the System and/or the network. However, NSGIC and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the System; identify violations of this Policy; and/or protect the network, the System and NSGIC users.
NSGIC prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. NSGIC also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without NSGIC's intervention. However, if the System is used in a way that NSGIC or its suppliers, in their sole discretion, believe violates this Policy, NSGIC or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the System. Neither NSGIC, nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not NSGIC's exclusive remedies and NSGIC may take any other legal or technical actions it deems appropriate with or without notice.
NSGIC reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on NSGIC's servers and network. During an investigation, NSGIC may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to NSGIC and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet System providers or other network or computing facilities in order to enforce this Policy. Upon termination of your System account, NSGIC is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of NSGIC or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless NSGIC and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Subscriber Agreement.
V. Copyright and Digital Millennium Copyright Act Requirements
What is NSGIC's DMCA policy?
NSGIC is committed to complying with U.S. copyright and related laws, and requires all customers and users of the System to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the System (or any part of the System) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is NSGIC's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the System provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who NSGIC, in its sole discretion, believes is infringing these rights. NSGIC may terminate the System at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to NSGIC?
Copyright owners may report alleged infringements of their works that are stored on the System or the Personal Web Features by sending NSGIC's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon NSGIC's receipt of a satisfactory notice of claimed infringement for these works, NSGIC will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the System or the Personal Web Features or (ii) disable access to the work(s). NSGIC will also notify the affected customer or user of the System of the removal or disabling of access to the work(s).
Copyright owners may send NSGIC a notification of claimed infringement to report alleged infringements of their works using the Support tab of the System.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to NSGIC. Upon NSGIC's receipt of a counter notification that satisfies the requirements of DMCA, NSGIC will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that NSGIC will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with NSGIC's designated agent using the Support tab of the System. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.