FileSender Terms and Conditions
Complete Terms and Conditions for using the FileSender Service
Acceptable Use Policies for Internet2 FileSender Service
The Internet2 FileSender service (the “Service” or the “FileSender service”) is designed solely as a short-term storage facility to enable the sending of files between authorized users, and is explicitly not designed as an archival or reliable storage service. By clicking “I Agree” or by using the Service, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of these acceptable use policies for the Service. If you do not agree to any of the terms and conditions of these policies, do not use the Service. Internet2 may, from time to time, deem it necessary to make changes to these policies. Changes made to these policies will be effective when they are posted to this web page. If you do not agree with any changes made to these policies, your sole and exclusive remedy will be to terminate your use of the Service.
The Service is designed to enable the exchange of files with a defined set of specific named recipients, not as a public service designed to store files for general unspecified public access. The Service is operated solely on an “as-is” basis, with all faults and without any commitments, representations or warranties of any kind. Internet2 disclaims all conditions, representations and warranties, whether express, implied or statutory, with respect to the Service, including, without limitation, warranties of non-infringement of third-party rights, non-interference, accuracy, title, merchantability, fitness for a particular purpose (even if Internet2 has been made aware of such purpose) and freedom from computer virus. Internet2 does not warrant and specifically disclaims any warranties that the operation of the Service will be uninterrupted or error free. Use of the Service for storing files is limited to users belonging to an organization that is a participant of the Internet2 operated InCommon Trust Federation, and in order to store a file on this Service users must authenticate themselves to their InCommon participant organization. As part of the authentication process, the participant organization needs to provide to the FileSender service certain attributes that identify the authenticated user of the Service, and the user authorizes Internet2 to keep that information in order to operate the Service and, where necessary, identify the person who stored the file on the Service. InCommon participant organizations who are not willing or able to provide needed user identity attributes will not be able to use the Service. There is currently no charge for use of the Service to users who are members of InCommon Trust Federation participants, but Internet2 reserves the right to change the use model at any time as it deems necessary.
All files placed on the FileSender service will be deleted without further notice and without exception two (2) weeks after they are placed on the server whether or not they have been successfully retrieved by intended recipient(s). Files are not backed up prior to deletion. Under no condition will this deletion window be extended. Internet2 reserves the right to delete the files earlier than the two-week window, if after appropriate investigation it has reasonable belief that the storage of such files violates laws and/or regulations of the jurisdiction in which it operates the Service. Internet2 also reserves the right to delete or reduce access to files which it believes may be compromising the integrity or usability of the Service to other legitimate users, for example, if the volume of retrieval requests to a specific file consumes sufficient bandwidth to significantly degrade the Service to other users.
The FileSender service is not backed up, nor are files stored in any redundant fashion, and files placed on the Service may be lost or damaged due to hardware and/or software malfunctions, or intentional or accidental action by Internet2 operational personnel, or by intentional or accidental compromises to the Service by authorized or unauthorized users of the Service. Users should never assume that a file placed on this server is the archival or reliable or sole copy of that file. Internet2 explicitly provides no warranty for the integrity or reliability of the Service, and users of the Service fully understand and accept any and all risks for the use of the Service, including that files placed on the Service may be lost and not recoverable, or that intended recipients may not be able to retrieve the files in a timely manner.
The use of the Service to store and send files that violate copyright or other intellectual property laws or statutes is explicitly prohibited, and use for any other criminal or illegal purpose is also strictly prohibited. Internet2 reserves the right to examine the contents of files placed on the Service in order to respond to what it believes are legitimate claims of violation of intellectual property or other statutes.
In accordance with the Digital Millennium Copyright Act, the name and address with the U.S. Copyright Office in Washington D.C. (as registered as of August 12, 2009) for the Designated Agent to receive notification of claimed infringement for Internet2 is:
John S. Morabito
Vice President of External Affairs and General Counsel
1150 18th Street, N.W., Suite 900
Washington, D.C. 20036
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service, written notices of claimed infringement of copyright should be sent to the address listed above. Please be aware that the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) requires that notices of claimed infringement must include certain information. For more information about copyright law, the Digital Millennium Copyright Act and the elements required in a notice of claimed infringement, please see the U.S. Copyright Office web site at http://www.copyright.gov.
Where Internet2 believes that contents may violate other criminal statutes, it may contact appropriate law enforcement officials as it deems appropriate and necessary and provide them with access to the files in question.
Files placed on the Service are not encrypted, and the use of the Service for content that is protected under U.S. statutes such as HIPAA, FERPA, or other statutes that limit and control where and what types of content can be placed on unprotected network servers is prohibited. Users placing files on the Service take personal responsibility for violations of such statutes. Likewise, retrieval of files placed on the Service are protected only in that the recipient needs a non-secure identifier typically provided to them by the person storing the file and that such an identifier may potentially be compromised. Therefore, the Service should not be used to store content that the sender views as requiring a high degree of security or confidentiality, where the inadvertent disclosure of such content will cause financial, reputational, or other unacceptable harm to the owner of the files.
In addition to the other terms and conditions of these policies, you agree that you will not:
- Use the Service to breach or violate any confidentiality obligations or privacy requirements, including, without limitation, by collecting or harvesting confidential information.
- Use the Service to misappropriate or violate the rights of any third party, including, without limitation, using the Service to store, send, or make available materials protected by intellectual property rights of third parties without the permission of the owner of the intellectual property rights, unless otherwise permitted by applicable law.
- Damage, disrupt, interfere with, diminish, or render the Service inaccessible or unusable, or attempt to do so, or encourage or assist others to do so.
- Initiate a denial of service attack from or against the Service or release a virus, trojan horse, worms or other malware or spyware from or against the Service.
- Use the Service to engage in fraudulent activity.
- Use the Service to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- Use the Service to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Use the Service to libel or defame others.
- Use the Service to store, host, view or distribute child pornography.
To the maximum extent permitted by law, in no event will Internet2, its affiliates, directors, officers, employees, agents, representatives, suppliers, licensors, successors or assigns be liable to you for any injury (whether a commercial injury or otherwise) or any damages, losses or expenses, including, without limitation, any direct or indirect, special, incidental, punitive, exemplary or consequential damages, losses (including, without limitation, loss of use, data, business or profits) or expenses, regardless of legal theory, and regardless of whether Internet2 has been advised of the possibility of such injury, damages, losses or expenses or if such possibility was reasonably foreseeable.
These policies will be governed by and construed in accordance with the laws of the District of Columbia, without reference to choice of law doctrine.