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Terms of Use

Terms of Use

Terms of Use

Users agree to use MyPerthHuron website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, User represent and warrant that User is at least the age of majority in state or province of residence and are legally capable of entering into a binding contract.

Users agree to not use MyPerthHuron website to conduct any activity that would constitute a civil or criminal offence or violate any law. Users agree to not attempt to interfere with myPerthHuron’s network or security features or to gain unauthorized access to internal systems.

Users agree to provide us with accurate personal information, such as email address, mailing address and other contact details in order to contact user as needed. Users agree to promptly update account information. Users authorize myPerthHuron to collect and use this information to contact User in accordance with Privacy Policy.

Copyright

The third party data provider is the owner or licensee of all intellectual property rights, including copyright. By agreeing to this document, MyPerthHuron grants the Authorized User a non-exclusive, non-transferable license ("Data Sharing and End Use License") to use the data listed on MyPerthHuron, subject to the terms listed in the Terms of Use. 

Code of Conduct for Computer Use

(Adapted from http://www.rit.edu/academicaffairs/policiesmanual/c082-code-conduct-computer-use)

User Privileges and Responsibilities

  1. Freedom from Harassment - The Rochester Institute of Technology “Policy Prohibiting Discrimination and Harassment” (C6.0) defines “harassment” as unwelcome “conduct, communication, or physical contact” which has the effect of either “unreasonably interfering with” another’s work, activities, or participation, or of “creating an intimidating, hostile or abusive environment”.  Members of the myPerthHuron community are assured that electronic communications that appear to have one or more of these effects are prohibited and will be investigated. This prohibition includes all obscene, defamatory, threatening, or otherwise harassing messages.
    Correspondingly, members of the myPerthHuron community have the obligation not to use the myPerthHuron computing systems and network in such a way as to be reasonably judged to produce one or another of the above effects, whether intentionally or unintentionally. Such alleged or real misuse is covered by the provisions of this Code of Conduct.

Responsible Use of Resources

In exchange for the privileges associated with access and / or membership to myPerthHuron, Users assume the responsibility to use the community’s resources in a responsible and professional manner. The following highlight a non-exhaustive list of specific responsibilities. Questions about the appropriateness of any use of resources should be directed to the organizational personnel responsible for the resource in question.

  1. Access to Secure Systems
    1. Passwords and similar authorization information - Passwords are the primary way in which users are authenticated and allowed to use myPerthHuron. Users should not disclose password(s) to any individual unless the person is a properly authorized system administrator performing account maintenance activities for which the password is required. Authorized users are held accountable for violations of this Code of Conduct involving their accounts.
       
    2. Unauthorized use of resources – Users must not allow others to make use of their account(s) or network access privileges to gain access to resources to which they would otherwise be denied.
       
    3. Circumventing or compromising security - Users must not utilize any hardware or software in an attempt to compromise the security of the myPerthHuron system. Examples of prohibited activities include (but are not limited to) Trojan horses, password crackers, port security probes, network snoopers, IP spoofing, and the launching or knowing transmission of viruses or worms.
  1. Exercise due diligence in
    1. Providing accurate data to share
    2. Utilizing and communicating information findings in an ethical manner
    3. Sourcing data accurately. 
  1. Self-Protection - Any User of myPerthHuron who attaches a computer to myPerthHuron must take measures to ensure that the computer is protected against compromise by an internal or external attack. In this context, reasonable measures include the installation and maintenance of virus detection and eradication software and adhering to published system configuration and management standards.
     
  2. Commercial Activity – No User of myPerthHuron may use information to run a business or commercial service or to advertise for a commercial organization or endeavor. Use of myPerthHuron for the personal promotion of commercial goods or services is strictly prohibited.
     
  3. Harmful Activities – Users must not use privileges as a member of myPerthHuron to cause harm to any individual or to harm any software or hardware system, whether internal or external to myPerthHuron. Examples of harmful activities, in addition to those noted elsewhere in this Code, include:
    1. Intentional damage
      • Disabling others’ computers
      • Compromising security
      • Disabling or corrupting software systems
      • Destroying, altering, or compromising information integrity
    2. E-mail spamming
    3. Threatening or intimidating e-mail, newsgroup postings, or web sites.
    4. Denial of service attacks (e.g., making it difficult or impossible for others to use the network effectively and efficiently).
    5. Use information in contravention of the Ontario Human Rights Code (http://www.ohrc.on.ca/en/ontario-human-rights-code)
       
  4. Illegal Activities - For the protection of myPerthHuron as a whole, it is imperative that all members refrain from any conduct that is illegal. Illegal activities that are prohibited include (but are not limited to):
    1. Copyright infringement, including publishing copyrighted material.
    2. Divulging information that is confidential or proprietary information.
    3. Misrepresentation of one’s identity to gain access to systems, software, or other services to which one does not have authorized access.

Information Use

  1. The Authorized User shall not lend, rent, sub-license, transfer or sell any data product downloaded from www.myperthhuron.ca.
  1. The Authorized User is granted reasonable rights of use for the content of the data products for corporate use, including for educational purposes, and reasonable ad hoc public information requests. This permission includes the publication of results and conclusions.  In such cases, the source of the data must be acknowledged in publications.

Users are encouraged to use the Information that is available on MyPerthHuron with the following conditions.

  1. Use of any Information indicates your acceptance of the Terms of Use.
     
  2. The Information Provider grants User a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information subject to the Terms below.

Users are free to:

  1. Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.

Acknowledgement

Users must:

  1. Acknowledge the source of the Information by including any attribution statement specified by the Information Provider and, where possible, provide a link to its source. If the Information Provider does not provide a specific attribution statement, or if User is using Information from several information providers and multiple attributions are not practical for your product or application, User must use the following attribution statement:

Contains information housed at MyPerthHuron.ca. 

Data viewership

All data sets housed in MyPerthHuron will have a data sharing agreement in place that will outline shared data sets by Information Provider and level of viewing permission granted to Authorized Users for each data set.

Membership status may change over time, as such; access to restricted information may also change over time as Information Provider grants permission.  Data sharing release permissions will be listed on Information Providers profile to be managed by Information Provider.

Exemptions

This licence does not grant User any right to use:

  1. Personal Information;
  2. Information not accessible under the Ontario Municipal Freedom of Information and Protection of Privacy Act or the Ontario Personal Health Information Protection Act, 2004;
  3. Third party rights the Information Provider is not authorized to licence;
  4. The names, crests, logos, or other official symbols of the Information Provider; and
  5. Information subject to other intellectual property rights, including patents, trade-marks and official marks.

Non-endorsement

This licence does not grant User any right to use the Information in a way that suggests any official status or that the Information Provider endorses User or your use of the Information.

The terms of this licence are important, and users that fail to comply with any of them, the rights granted to user under this licence, or any similar licence granted by the Information Provider, will end automatically.

Media access and usage

Local media outlets will be granted a community level membership.  Any information to be referenced in a local media news item will require the authorized usage by the Data Sharing Organization that submitted the information. 

Warranties and disclaimers

  1. The Information is licensed “as is”, and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
     
  2. The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.

Indemnification

User agrees to defend and indemnify myPerthHuron, and hold myPerthHuron and its affiliates harmless, and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with Users use of myPerthHuron.  Users violation of the Terms, or the posting or transmission of any materials on or through myPerthHuron by User, including but not limited to, any third party claim that any information or materials provided by User infringe upon any third party proprietary rights.

Errors and Omissions

Please note that our myPerthHuron may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice. Such errors, inaccuracies or omissions may relate to the use or collection of statistical information.

Disclaimer and Limitation of Liability

User assumes all responsibility and risk with respect to use of myPerthHuron, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via myPerthHuron, including without limitation, all content and materials, and functions and services provided on our myPerthHuron, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, or uninterrupted access.

We do not warrant that myPerthHuron or its functioning or the content and material of the information or data made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that myPerthHuron or the servers that make myPerthHuron available are free of viruses or other harmful components. The use of myPerthHuron is at User’s sole risk and User assumes full responsibility for any costs associated with use of our myPerthHuron. The Social Research and Planning Council, United Way of Perth-Huron and University of Waterloo’s Computer Systems Group will not be liable for any damages of any kind related to the use of myPerthHuron.

In no event will myPerthHuron, or any of its affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to User for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from use of, or the inability to use, or the performance of, myPerthHuron or the content or material or functionality through myPerthHuron, even if myPerthHuron are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to User and our liability will be limited to the maximum extent permitted by law.

Governing Law

  1. This licence is governed by the laws of the province of Ontario and the applicable laws of Canada.
  2. Legal proceedings related to this licence may only be brought against the Information Provider in the courts of the Province of Ontario.

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of myPerthHuron, or any products or services offered on myPerthHuron will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of myPerthHuron must be brought before the courts of the Province of Ontario in the City of Stratford, ON.

 
 
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