Terms of Service for Leaders
| Release date | 31/12/1999 |
|---|---|
| Contributor | bulanmir |
TERMS OF SERVICE FOR LEADERS
1. THE OBJECTIVE OF ENVIROWINDOWS: EnviroWindows provides web spaces where the suppliers and users of environmental information can meet. It is a Web platform where several Interest Groups (IGs) can share experiences, exchange knowledge, collaborate on projects, create specialised information libraries, and provide directories of people and institutions active in the implementation of environmental policies. Each IG is managed by an Interest Group Leader who is responsible for the legality and quality of the Interest Group and any Material placed on the Interest Group. Further EnviroWindows contains a gateway to Interoperable Portals (IPs), World Wide Web links, news, directories, online discussions, networks managed outside the EEA, listings of publications, communications means and more. IPs are managed by IP Leaders who are responsible for the legality and quality of the IP in terms of the Material posted on the IP.
2. DEFINITIONS: In the framework of these Terms of Service for Leaders:
- "IG" shall mean Interest Group. An IG is an Extranet service for knowledge sharing among members based on password access;
- "IG Leader" shall mean Interest Group Leader. The Leader can be a physical person, a company or an institution responsible for managing an IG that may be situated at http://ew.eea.europa.eu;
- "IP" shall mean an Interoperable Portal operating within the framework of EnviroWindows remotely managed by the IP Leader. The IP may be situated on http://ew.eea.europa.eu or other servers;
- "IP Leader" shall mean a physical person, a company or an institution responsible for remotely managing an IP;
- "Leader" shall mean IG Leader and IP Leader collectively;
- "Member" shall mean a member of the IG or IP that the Leader Manages;
- "EEA" shall mean the European Environmental Agency.
- "Parties" shall mean the EEA and the Leader collectively;
- "Proposal" shall mean the formal application that an applicant must send to the EEA in order to establish an IG or an IP within the framework of EnviroWindows with the access privilege as "Leader".
- "Online Self Registration Form" shall mean the standard form that applicants must fill in to become Members;
- Material" shall mean all types of information and documents including but not limited to data, text, links, software, sound, music, photographs, graphics and video.
3. ACCEPTANCE OF TERMS: In order to establish an IG or IP within the framework of EnviroWindows with the access privilege as Leader the Leader must agree to the terms and conditions set out in this agreement, collectively known as the "Terms of Service for Leaders". The EEA may at all times update the Terms of Service for Leaders without prior notice. If the Leader does not accept the updated Terms of Service for Leaders the Leader must give notice to the EEA without delay. Such notice automatically terminates these Terms of Service for Leaders.
4. THE SERVICE: The EnviroWindows web site is hosted on the infrastructure of the European Environmental Information and Observation Network (EIONET). The infrastructure makes use of a combination of knowledge sharing software (CIRCA), portal interoperability technologies (Zope), and portal gateways to Web Pages complying with the objective of EnviroWindows. The EEA assigns to the IG Leader access to a number of tools enabling the Leader to establish and manage an IG with the use of CIRCA software.The EEA assigns to the IP Leader a number of tools enabling the IP Leader to create an IP and the right to place the IP on the EnviroWindows web site. If the IP Leader places the IP on the EEA server, the IP Leader will be given password privileged access to a web-based application server that will let the IP Leader maintain documents, files, and code through query-forms as well as FTP and WebFolders.
In these Terms of Service for Leaders the tools and services made available to the Leader are collectively known as the "Service".
The Service is provided to the Leader free of charge.
5. INFORMATION: The Leader is under an obligation to:
a) Provide to the EEA true, accurate, current and complete information about itself as prompted by the Proposal;
b) Provide to the EEA true, accurate, current and complete information about Members as prompted by the Online Self Registration Form;
c) Maintain and promptly update this information to keep it true, accurate, current and complete at all times.
If the EEA knows or has reasonable grounds to believe that the Leader has failed to live up to the above mentioned obligations the EEA has the right to suspend or terminate the IG OR IP and refuse the Leader any and all current or future use of the Service.
6. PRIVACY POLICY: All personal information provided by the Leader to the EEA in the Proposal is treated as strictly confidential by the EEA. The personal information of the Leader will not be provided to any third party without the expressed consent of the Leader with the exceptions listed below.
a) The Leader acknowledges and agrees that the full name, User name, email address and class of the Leader may be placed on the IG or IP where it is accessible for all Members and may be made available to the public through EnviroWindows.
b) The Leader acknowledges and agrees that the EEA may preserve, remove or disclose personal information about the Leader to any third party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:
(1) Comply with any legal process;
(2) Enforce these Terms of Service for Leaders;
(3) Respond to claims that any Material posted on EnviroWindows violates any intellectual property rights or other rights of third parties,
7. USER NAME AND PASSWORD: When the Proposal send in by the Leader has been approved by the EEA the Leader will be assigned a User Name and a Password. IP Leaders will only be assigned a user name and a Password if the IP is placed on http://ew.eea.europa.eu. It is the responsibility of the Leader to keep the Password strictly confidential and the Leader is obligated to contact the EEA immediately if the Leader knows or has reasonable grounds to believe that any unauthorised use of the Password has taken place or that any third party has gained access to the Password.
8. THE RESPONSIBILITIES OF THE LEADER: The Leader is obligated to examine the legality of all Material submitted to the IG or IP by the Leader or any Member or third party before posting it on the IG or IP.
In the Proposal the Leader has defined the objective of the IG or IP. The Leader is obligated not to change this objective without the written consent of the EEA.
It is the responsibility of the Leader that no Material posted on the IG or IP concerns itself with other topics or has other objectives than defined in the Proposal. If such Material is found on the IG or IP it is the responsibility of the Leader to remove it without delay. The EEA does not examine the content or legality of the Material and does not guarantee its legality, accuracy, integrity or quality.
The Leader, not the EEA, is entirely responsible for all Material uploaded, posted, emailed or linked to on the IG or IP by the Leader or nay IG Member OR THIRD PARTY.
The Leader agrees not to use the service to:
a) Upload, post, email, otherwise transmit or link to any Material or select any email address that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful or racially, sexually, ethnically or otherwise objectionable;
b) Upload, post, email, otherwise transmit or link to any Material that exploits the images of children under 18 years, or that discloses personally identifying information on children under 18 years;
c) Harm minors in any way;
d) Create false, misleading or duplicative addresses for Members in order to disguise the destination of any Material transmitted through the Service;
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Service;
f) Adopt names or addresses for the purpose of cybersquatting;
g) Upload, post, email, otherwise transmit or link to any Material that the Leader does not have the right to transmit under any national or international law or treaty or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
h) Upload, post, email, otherwise transmit or link to any Material that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right of any third party according to any national, Community, local, state or international law;
i) Upload, post, email, otherwise transmit or link to any unsolicited or unauthorised advertising, illegal contest, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of such solicitation;
j) Upload, post, email, otherwise transmit or link to any Material that contains software viruses, worms, time bombs, trap doors or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
l) Intentionally or unintentionally violate any applicable national, Community, local, state or international law, hereunder the UN Convention on Human Rights;
m) Harvest or otherwise collect information about third parties, including email addresses, without their express consent for commercial or unlawful purposes;
n) Advertise, offer for sale, sell or link to any IP that advertises, offers for sale, sells any of the following products: firearms, explosives, ammunition, liquor, tobacco products, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights. It is the responsibility of the Leader to remove without delay all Material originating from and terminate the membership of any Member who is engaged or whom the Leader has reasonable reason to suspect is engaged in any of the above mentioned activities.
The Leader acknowledges that the EEA does not pre-screen the Material, but that the EEA shall have the right (but not the obligation) to refuse, move or delete any Material posted on the IG or IP, including without limitation any Material that violates these Terms of Service for Leaders or is otherwise objectionable. The Leader also acknowledges and agrees that the EEA may preserve, remove or disclose Material to any third party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:
(a) Comply with any legal process;
(b) Enforce these Terms of Service for Leaders; or
(c) Respond to claims that any Material posted on EnviroWindows violates any intellectual property rights or other rights of third parties.
9. INTERNATIONAL USE: In recognition of the global nature of the Internet and EnviroWindows, the Leader agrees to comply with all national, Community, local, state or international laws and regulations regarding online conduct and acceptable content. Specifically the Leader agrees to comply with all applicable laws regarding the transmission of technical data.
10. TERMINATION: The Leader agrees that the EEA in its sole discretion may terminate these Terms of Service for Leaders, the IG or IP or the membership of any Member and remove and discard any Material for any reason, including but not limited to lack of use of the IG or IP or if the EEA had reason to suspect that the Leader has violated these Terms of Service for Leaders, without prior notice unless separate agreement on termination has been entered into by the Parties.
The Leader agrees that the EEA shall not be liable to the Leader, any Member or third party for any termination of these Terms of Service for Leaders, the IG or IP or the membership of any Member.The Leader may in its sole discretion and without notice terminate these Terms of Service for Leaders unless separate agreement on termination has been entered into by the Parties.
11. NOTICE: Notice may be provided to both Parties by email or regular mail. The EEA may also provide notice of changes to the Terms of Service for Leaders by displaying the new Terms of Service for Leaders on EnviroWindows for the Leaders accept.
12. THE IG AFTER TERMINATION: The ig Leader acknowledges and agrees that the ig Leader is only the manager of the ig and that all intellectual property rights and other rights to the ig belongs to the EEA. with reference to section 17 this section REGULATES the ig and not material posted on the ig by the leader or ANY ig members or third parties. If these Terms of Service for Leaders are terminated by any Party and for any reason the Leader acknowledges and agrees that the EEA has the right to appoint a new IG Leader to manage the IG or to manage the IG itself. upon termination the ig leader is obligated to hand over to the eea all material related to the IG.
13. COMMERCIAL USE OF THE IG OR IP: The Leader acknowledges and agrees that the objective of EnviroWindows and the IG or IP is strictly non-commercial and that no banner commercials, links to sponsors or other advertisement may be placed on the IG or IP or on Material posted on the IG or IP.
14. PRACTICES REGARDING USE AND STORAGE OF DATA: The Leader acknowledges and agrees that the EEA has no responsibility or liability for the deletion or failure to store any Material maintained or transmitted through the Service.
15. INDEMNIFICATION: The Leader agrees to indemnify, defend and hold harmless the EEA from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:
(a) Any Material uploaded, submitted, posted, or linked to by the Leader or any Member or third party through the Service;
(b) The Leaders use of the Service;
(c) The Leaders violation of these Terms of Service for Leaders;
(d) The Leaders or Members violation of any intellectual property rights or other rights of any third party. The EEA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Leader, which shall not excuse the indemnity obligations of the Leader.
16. MODIFICATIONS TO THE SERVICE: The EEA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Leader agrees that the EEA shall not be liable to the Leader or any Member or third party for any modification to or discontinuance of the Service.
17. MATERIAL POSTED ON THE IG OR IP: The Leader agrees that upon posting any Material on the IG or IP, the Leader grants the EEA, and its successors and assigns, a non-exclusive world-wide, royalty free, perpetual, non-revocable license under the Leaders copyrights or other intellectual property rights, if any, in such Material to distribute, display, and reproduce such Material to Members and to display the Material to the public on EnviroWindows.
18. DISCLAIMER OF WARRANTIES: THE LEADER EXPRESSLY UNDERSTANDS AND AGREES THAT:
THE LEADERS USE OF THE SERVICE IS AT THE LEADERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THE EEA MAKES NO WARRANTY THAT:
(A) THE SERVICE IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(B) ANY ERRORS IN THE SERVICE WILL BE CORRECTED WITHIN ANY SPECIFIC TIME LIMIT;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED FROM THE IG OR IP OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT THE LEADERS OWN RISK AND THE EEA IS NOT RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT IS A RESULT OF THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY:
THE LEADER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, SHALL THE EEA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON;
(B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE LEADERS TRANSMISSIONS OR DATA;
(C) ANY OTHER MATTER RELATING TO THE SERVICE.
THE EEA IS NOT RESPONSIBLE FOR ANY UNAUTHORISED OR UNLAWFUL USE OF MATERIAL POSTED ON THE IG, IP OR ENVIROWINDOWS PERFORMED BY ANY MEMBER OR THIRD PARTY. THE LEADER ACKNOWLEDGES AND AGREES THAT THE EEA IS NOT RESPONSIBLE OR LIABLE TO THE LEADER OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS ON THE IG, IP OR ENVIROWINDOWS. IF THE LEADER IS DISSATISFIED WITH THE SERVICE OR WITH THESE TERMS OF SERVICE FOR LEADERS, ITÂ’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS OF SERVICE FOR LEADERS.
19. TRADEMARKS: EnviroWindows and the EnviroWindows logo are trademarks of the EEA. The Leader may not display or use in any manner these trademarks without prior written permission from the EEA.
20. LAW AND ARBITRATION: These Terms of Service for Leaders and the relationship between the Leader and the EEA shall be governed by and construed in accordance with the laws of the Kingdom of Denmark. The PARTIES AGREE THAT THE COURTS OF THE KINGDOM OF DENMARK shall settle all controversy or CLAIMS arising out of or relating to these Terms of Service for Leaders or the Leaders use of the Service. The failure of any Party to exercise or enforce any right or provision of these Terms of Service for Leaders shall not constitute a waiver of such right or provision. If any provision of these Terms of Service for Leaders is found by a court of competent jurisdiction to be invalid, such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties and the other provisions of these Terms of Service for Leaders shall remain in full force and effect.