Terms of Service: Domain of Ones Own / Reclaim Hosting

(January 29, 2021)

 

The University of Pennsylvania Libraries (“UPenn”) offers you the Web Hosting services (the “Services”) through a third party, Reclaim Hosting (“Reclaim”).  The term “you, or your” refers to the user of the Services.  UPenn pays Reclaim for the Services, and provides the Services to you so that you may build your digital identity, and showcase your digital scholarly work.  You will have control over, and be responsible for, what goes on your platform, subject to the terms and guidelines below.

 

Please read these terms of service (the “Terms”) carefully.  By accessing or using any part of the Services, you agree to comply with all federal, state, local and other applicable laws, all University of Pennsylvania rules and policies, all applicable contracts and licenses, and to be bound by these Terms.  By using these Services you confirm that you have completed the Canvas training on the Services.  If you do not agree to all the Terms, then you may not access or use any of the Services.  These Terms may be updated from time to time, and your access and/or use of the Services constitutes your acceptance of the updated Terms.

 

  1. Your Reclaim Account. You are responsible for maintaining the security of your web environment to the best of your ability, and you are fully responsible for all activities that occur under the account.  Use of the Services is limited to you and persons you authorize to post to your account; such persons must be members of the Penn community or collaborators on a scholarly project.  You must immediately notify [UPenn/Reclaim] of any unauthorized uses of your account, or any other breaches of security.  You understand that [UPenn/Reclaim] may require full access to your account and content for the purposes of technical troubleshooting and managing the Services.  In instances where content is found to be in violation of the laws, policies and standards noted in Paragraph 2, Applicable Policies, and Paragraph 6, Your Content, this access may be used to remove your content.  In addition, UPenn reserves the right to remove content and/or suspend your account if your website or content compromises the confidentiality, integrity, or availability of UPenn’s IT environment.

 

  1. Applicable Policies. If you use the Services, you are expected to observe applicable University of Pennsylvania policies and, in particular, apply The University of Pennsylvania’s Policy on Acceptable Use of Electronic Resources (https://catalog.upenn.edu/pennbook/policy-acceptable-use-electronic-resources/) and The University of Pennsylvania’s Data Access Standards (https://www.upenn.edu/oacp/privacy/policiesguidance/data-access-standards.html) to your use of the Services.  If you repeatedly violate these policies and/or applicable law, you may have your account suspended, or permanently terminated.

 

  1. Use of Trademarks and Copyrighted Materials. Your use of the Services must follow applicable legal standards regarding trademarks and copyright.  It is your responsibility to secure permission from the owner of the trademarks and copyright when including intellectual property such as trademarks or copyrighted material, including text, photographs, audio, video, graphics, maps, or logos, if you wish to include the material as part of your website, blog, or digital project.  If you have questions about copyright or fair use, you may consult the UPenn guide at https://guides.library.upenn.edu/copyright/fair_use.

 

  1. Accessible Content. We strongly recommend that any content you create using the Services conform to the WCAG Level 2 AA standard as well as satisfy the 4 underlying principles (POUR) of accessibility.  For more information about web accessibility, please see https://guides.library.upenn.edu/alt/resources.

 

  1. Prohibited Uses. You may not use the Services for:
    • Disclosure of education records or identifiable student information that would be protected from disclosure under the Family Educational Rights and Privacy Act (FERPA), disclosure of private employee or institutional information, or disclosure of information that would be protected under other privacy laws or regulations, such as Health Insurance Portability and Accountability Act (HIPAA).
    • Engaging in partisan political activities on behalf of, or in opposition to, a candidate for public office.
    • Selling items (goods, contents, services, etc.) on your website or blog.
    • Commercial advertising (text links provided for informational purposes or as part of a comprehensive list of sources will not be considered commercial advertising unless the purpose is to promote a product or service).
    • Co-branding, hyperlinking logos, link exchanges, and associate, affiliate, and referral programs in support of commercial activity.
    • Hosting pages on behalf of individuals and organizations that are not affiliated with The University of Pennsylvania.
    • Hosting any content that would infringe upon the Student Code of Conduct (https://catalog.upenn.edu/pennbook/code-of-student-conduct/) or any of the university-wide policies, procedures, and protocols.
    • Hosting any content that promotes illegal activities.

 

  1. Your Content. You are encouraged to use the Services in support of building your own digital identity and creating scholarly work.  You understand that the work you publish and make publicly available on your website may be browsed or viewed by anyone in the world.  You, and not UPenn, are solely responsible for the content of your website. [UPenn/Reclaim] does not routinely monitor or review the content of your website, however it reserves the right to remove, at any time, at its sole discretion, any content that it considers to violate these Terms or the terms of any other campus user agreements that may govern the use of the campus networks, or that it deems in violation of University of Pennsylvania policy, or local, state, or federal law.  Your use of the Services must not convey, represent, give opinions, or otherwise make statements on behalf of UPenn or any unit of The University of Pennsylvania.  All sites on the Services must include this disclaimer:

 

The opinions or statements expressed herein should not be taken as a position of, or endorsement by, The University of Pennsylvania.

 

  1. Termination of Services. If you are faculty, you may use the Services for as long as you are employed by The University of Pennsylvania.  If you are an undergraduate or graduate student, you may use the Services for up to six months after graduation, suspension, or withdrawal from The University of Pennsylvania, at which point you can transfer your content to a paid account with Reclaim Hosting or another service provider.  During that six-month transition, the Terms continue to apply.  Notwithstanding the foregoing, UPenn reserves the right to terminate the Services at any time.  If UPenn terminates the Services, or if you separate from employment or affiliation with The University of Pennsylvania, you will be given the opportunity to migrate your content to a personal website hosted by Reclaim or another service provider.

 

  1. Disclaimer. The University of Pennsylvania makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content or materials included on this site.  To the fullest extent permissible by applicable law, The University of Pennsylvania hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. The University of Pennsylvania will not be liable for any damages of any kind arising from the use of or inability to use this site.  You expressly agree that you use this site solely at your own risk.

 

  1. Updates to Terms of Service. In the event that updates are made to these Terms of Service, you will be notified via your University of Pennsylvania email.  Continued use of the Services after the terms are updated, implies your consent to the updated Terms of Service.