Terms of Use

Clarkson College Website & Services Terms of Use Agreement

The Clarkson College website is made up of various web designs and web pages operated by Clarkson College, 101 South 42 Street, Omaha, NE 68131. This Terms of Use agreement applies to the Clarkson College website and does not apply to the content of third parties.

The Clarkson College website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Use of the Clarkson College website/services constitutes your agreement to all such terms, conditions and notices.

Changes to & Termination of Services

Clarkson College shall have the right at any time to change or discontinue, temporarily or permanently, any aspect or feature of the Clarkson College website/services, including, but not limited to, content, hours of availability, and equipment needed for access or use. Each user's use of particular services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms of Use.

Equipment

Subscriber shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Clarkson College website/services and all charges related thereto. To use the services, each user must independently obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any and all service fees or equipment costs associated with such access.

Privacy & Protection of Personal Information

See the Privacy Statement for disclosures relating to the collection and use of your personal information.

Accounts, Passwords & Security

Certain areas of the Clarkson College website may require you to open an account with Clarkson College.

Should you be required to open an account with Clarkson College, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name.

When you use any account for access to the Clarkson College website/services, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Clarkson College immediately of any unauthorized use of your account or any other breach of security. Clarkson College will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by, Clarkson College or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You must exit from your account at the end of each session.

Modification of These Terms of Use

Clarkson College reserves the right to change the terms, conditions and notices under which the Clarkson College website is offered or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Clarkson College website. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Clarkson College website constitutes your agreement to all such terms, conditions and notices.

Personal & Non-Commercial Use Limitation

The Clarkson College website is for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Clarkson College website. Without the advance express written permission of Clarkson College, you may not send, or cause to be sent, any automated queries of any sort to the Clarkson College website/services, or use the Clarkson College website/services in any commercial manner. You agree not to sell, resell or offer for any commercial purposes, any portion of the site/services, use of the site/services or access to the site/services.

Links to Third Party Sites

The Clarkson College website/services may contain images of and links to third party websites ("Linked Sites"). The linked sites are not under the control of Clarkson College, nor is Clarkson College responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Clarkson College is not responsible for webcasting or any other form of transmission received from any linked site nor is Clarkson College responsible if the linked site is not working appropriately. Clarkson College is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by or Clarkson College of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

No Unlawful or Prohibited Use

As a condition of your use of the Clarkson College website/services, you will not use the Clarkson College website/services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Clarkson College website/services in any manner that could damage, disable, overburden, or impair any Clarkson College website/services (or the network(s) connected to any Clarkson College website/services) or interfere with any other party's use and enjoyment of any Clarkson College website/services. You may not attempt to gain unauthorized access to any Clarkson College website/services, other accounts, computer systems or networks connected to any Clarkson College website/services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Clarkson College website/services.

Use of Services

The Clarkson College website/services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo displays and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services").

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the Clarkson College website/services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use of Meta tag searches on the websites.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Clarkson College website/services or other user or usage information or any portion thereof.

Clarkson College has no obligation to monitor the Communication Services. However, Clarkson College reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Clarkson College reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Clarkson College reserves the right at all times to disclose any information as or Clarkson College deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of or Clarkson College.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service.

Clarkson College does not control or endorse the content, messages or information found in any Communication Service and, therefore, Clarkson College specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Community leaders and hosts are not authorized Clarkson College spokespersons, and their views do not necessarily reflect those of Clarkson College.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Materials Provided to Clarkson College or Posted Within the Clarkson College Website

Clarkson College does not claim ownership of the materials you provide to Clarkson College (including feedback and suggestions) or post, upload, input or submit to any Clarkson College website/services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Clarkson College permission to use your Submission in connection with the operation of the Clarkson College website/services and Clarkson College publications, including, but not limited to, the Clarkson College Connection, the Alumni Times or the Maltese Crossing. This permission includes, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Clarkson College is under no obligation to post or use any Submission you may provide and Clarkson College may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Each user, by using the Clarkson College website/services, may be exposed to content that the user finds offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

General Practices Regarding Use & Storage

Clarkson College may establish general practices and limits concerning use of the site/services. While Clarkson College will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Clarkson College does not have any responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by any site/services. Clarkson College reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. Clarkson College reserves the right to change these general practices any time in its sole discretion.

Termination & Access Restriction

Clarkson College reserves the right, in its sole discretion, to terminate your access to any or all Clarkson College website/services and the related services or any portion thereof at any time, without notice.

Clarkson College shall not have any obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Policy for Electronic Resources and Copyright Infringement

The purpose of this policy is to communicate guidelines for the appropriate use of the Clarkson College Electronic Resources relating to potential Copyright infringement. It also serves as a plan for dealing with Peer-2-Peer use on the Clarkson College network.

Definition: Clarkson College electronic resources are defined as the hardware, software, network and network connections within Clarkson College and all connections to the Internet. This definition also includes Peer-2-Peer processes and use.

Users will not download (nor attempt to download) music, data, or any other copyright materials from others that are engaged in illegal activities involving copyrighted, trademarked, or patented products.
Users will not access, copy, or transport programs, files, or data without prior authorization. User software may be used on computers only if it has been legally obtained and if its use does not violate license or copyright restrictions. This policy specifically pertains to any Peer-2-Peer uses as well as other types of electronic copyright violations.
Users will not (nor attempt to) inspect, modify, distribute or copy privileged data, music, or software, except for users who have been given prior special permission to work with data in accomplishing their job responsibilities, e.g. reporting, etc.
Users will not infringe on others' use of the electronic services or deprive them of those resources.
Users will not attempt to modify systems infrastructure. Users will not damage or obstruct the operation of any of Clarkson College's computer systems or networks.
Users will not supply, or attempt to supply, false or misleading information or identification in order to access computer systems or networks.
Users will not attempt to subvert the restrictions associated with any computer accounts.

Information Services will manage bandwidth and review user accounts and network traffic to insure that violations to this policy are reported the administration for disciplinary action of all offenders.

Violations of any on the above items will lead to loss of access privileges to all Clarkson College computing and networking systems.

Further disciplinary actions for violating the policy will be governed by but may not be limited to the applicable provisions of student handbooks, faculty and staff handbooks, policies of Clarkson College, Statutes of the State of Nebraska, and federal law, including civil and criminal legal actions. The following is a summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws:

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

Copyrights & Copyright Agent

Clarkson College respects the rights of all copyright holders and in this regard, Clarkson College has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Clarkson College the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, contact:

Clarkson College
101 South 42 Street
Omaha, NE 68131
[email protected]

Liability Disclaimer

The information, software, products and services included in or available through the Clarkson College website/services may include inaccuracies or typographical errors. Changes are periodically made to the Clarkson College website/services and to the information therein. Clarkson College may make improvements and/or changes in the Clarkson College website/services at any time. Advice received via the Clarkson College website/services should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

Clarkson College does not make any representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Clarkson College website/services for any purpose. All such information, software, products, services and related graphics are provided “as is” and “as available” without warranty of any kind. Clarkson College and hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that Clarkson College shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions that entered through a Clarkson College website/services. You specifically agree that Clarkson College is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Clarkson College is not responsible for any content sent using and/or included in Clarkson College website/services by any third party.

In no event shall Clarkson College be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or loss of use, data or profits, arising out of or in any way connected with the use or performance of the Clarkson College website/services, with the delay or inability to use the Clarkson College website/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Clarkson College website/services, or otherwise arising out of the use of the Clarkson College website/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Clarkson College has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Clarkson College website/services, or with any of these terms of use, you’re sole and exclusive remedy is to discontinue using the Clarkson College website/services.

General

This agreement is governed by the laws of the State of Nebraska. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Nebraska, in all disputes arising out of or relating to the use of the Clarkson College website/services.

You agree to indemnify and hold Clarkson College, subsidiaries and their trustees, officers, employees, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Clarkson College website/services.

Clarkson College reserves the right within government guidelines to disclose any personal information about you or your use of the Clarkson College website/services, including its contents, without your prior permission if Clarkson College has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of or Clarkson College; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Performance of this agreement by Clarkson College is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clarkson College's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Clarkson College website/services or information provided to or gathered by Clarkson College with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clarkson College with respect to the Clarkson College website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clarkson College with respect to the Clarkson College website/services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Procedures to Ensure Accurate, Timely, and Appropriate
Information for Current & Prospective Students:

Clarkson College is committed to accurate and timely communication with our constituents: Faculty, Staff, Students (Current and Prospective), Parents and the Community. Our website is the primary vehicle for communicating updates, changes to policy, calendars of events and reporting on institutional progress. As such, it is our “face” to our constituents and must be current, relevant and accurate in fulfillment of our mission. Therefore, each department is charged with responsibility for updates, announcements and policy changes as well as standard academic year updates. The Marketing Department is responsible for the overall management of the 83bh.shorinji-kempo.net website, which it does by vetting, posting and maintaining all content at the URL.

Accuracy: The Marketing Department utilizes various software that generates regular periodic reports and regular analytics, which highlights to the Marketing Department the click rates and time spent on individual pages as well as website failures. In particular, one such software is SiteImprove. This software continuously monitors 83bh.shorinji-kempo.net and benchmarks the content against industry standards for accessibility, accuracy and usability. SiteImprove also audits for broken links, misspellings, any violations of policy and general uptime. In the event of any deficiency, SiteImprove notifies the Marketing Department of the failure. The Department strives to address any serious issues the same business day as they are discovered.

Timely and Appropriate Information: Twice a year, the Marketing Department meets with department heads from each College program. During this meeting, industry trends are discussed as well as any curricular changes to programs. The Marketing Department and other department heads jointly decide on any changes that need to be made to the website or recruitment materials. In the case of the website, the change is made immediately. If printed materials need to be changed, their use is discontinued until the modifications can be made.