Terms of Service

Last Updated: 20 January 2023

Welcome to hcommons.social (“hcommons” or the “Network”), a Mastodon Instance hosted by Knowledge Commons (“Commons,” “we” or “us”), administered by Michigan State University (“MSU”) and sponsored by a collective of participating organizations and institutions (“Participating Organizations” or “Organizations”; individually, “Organization”).

Please read these Terms of Service (“Terms”) carefully, because, together with the hcommons Privacy Statement and Server rules, they constitute the sole agreement (“Agreement”) between you and the Commons governing your use of the Network. If you do not agree to these Terms, you are not authorized to use the Network. By using the Network, you confirm you have read, understand, and agree to these Terms. We may change these Terms by posting an updated version on our Network. The updated Terms will be effective immediately upon posting. If we decide that it is appropriate, we may provide additional notice of more significant changes. By continuing to use our Network after we post updated Terms, you agree to be bound by the updated Terms. Please check these Terms regularly so that you are aware of any changes.

hcommons.social is provided as a service for scholars, students, and practitioners in academic fields, as well as for other interested readers. The Network, as well as its connected services, is intended to allow members to connect with one another and share their work, thoughts, and ideas, and it is therefore dedicated to free expression in a collaborative, collegial environment. 

We support the intellectual property rights of the authors of the content on the Network, and we exercise only the rights necessary to facilitate the dissemination of that content. We also support the use of open-source software and the widespread dissemination and use of online materials consistent with the intellectual property and other rights of our users and applicable law. We hope that your experience on hcommons will be enjoyable and productive.

Accounts and Membership; Account Security

Accounts on hcommons are open to anyone working in any academic field, whether or not you are affiliated with a university. If you create an account, you are responsible for maintaining the security of your account. You may not transfer your account or otherwise do anything to give another person access to it. You are responsible for all activities that occur under your account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account, including by keeping the username and password for your account confidential. You represent and warrant that all information you provide in connection with your account is accurate and complete. If you learn that anyone has accessed or attempted to access your account or if any of your account information has changed, please contact hello@hcommons.org.

Rights and Responsibilities Related to Network Content

The Network includes both User Content and Organization Content (collectively, “Network Content”). We respect intellectual property rights and expect users of our Network to do so as well. Network Content is protected by United States and international copyright. Users are permitted to use the User Content and Organization Content as described below.

User Content

The Network allows users who have registered for an account to share content on the Network, including publishing comments, posting material or links, submitting a question, sharing the user’s profile information and images, and otherwise making material available on the Network (collectively, “User Content”).

If you provide any User Content, you are solely and entirely responsible for that User Content. You warrant and represent that: (i) you own, have acquired, or claim under the principle of fair use all the rights necessary to submit the User Content that you provide to the Network, including all the rights necessary for the Commons or the relevant Organization to reproduce, distribute, publicly display and perform, and otherwise make available the User Content on the Network; (ii) your User Content does not and will not violate these Terms or any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (iii) you are under no obligation that would in any way interfere with or prohibit your disclosure or use of the User Content you provide; and (iv) your User Content contains no material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.

License to the Commons, MSU, and the Participating Organizations

By posting User Content on the Network, you grant the Commons, MSU, and the relevant Organization a nonexclusive, royalty-free, worldwide license to use the User Content in accordance with these Terms (including the Privacy Statement) on the Network, in all formats in which the Network is available, until you remove or delete it, which use includes but is not limited to reproducing, distributing, transmitting, publicly displaying and performing, and incorporating the User Content into a collective work. Whenever possible, we will credit you as the author of the User Content you provide, and, by posting User Content on the Network, you grant us the right to use your name (as provided in your user profile) for that attribution. If you delete your User Content, cached versions of or references to the User Content may not be made unavailable. Please contact us at hello@hcommons.org for assistance.

Our display of User Content does not mean that we endorse or adopt it. We have no obligation to display or use any User Content in any way or to prescreen, monitor, modify, supplement, or delete User Content, but we may do so at any time without notice. We will respond to user reports of Content that does not comply with these Terms or with our server rules, but we are not responsible for any failure or delay in removing reported Content. We reserve the right to restrict you from submitting new User Content or from otherwise participating in the Network’s interactive features for any reason, including repeated submissions of User Content that does not comply with these Terms.

Release

You irrevocably release (on behalf of yourself and your successors, heirs, family members, and executors) the Commons, MSU, and the Organizations (and their respective directors, officers, employees, agents, and affiliates) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark, copyright, libel, or defamation) arising out of hcommons’, MSU’s, or the Organizations’ use, as described in these Terms, of (i) User Content you provide or (ii) your name or likeness in connection with your User Content. If you are a California resident, you waive California Civil Code, section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive those restrictions to the maximum extent permissible under the applicable law.

Server Rules

To ensure that the Network will be a cordial and civil community, the Commons has established Server rules for all users. Please read them carefully, because they are a part of these Terms, and your violation of the Server rules may result in our terminating these Terms and your access to the Network. In addition, we grant you access to the Network on the condition that you not undertake any of the following actions in connection with your access to the Network:

(1)       Restrict or inhibit any other person from using the Network;
(2)       Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with or disrupt the operation of the Network or servers hosting or connected to the Network;
(3)       Use the Network for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations in connection with your use of the Network;
(4)       Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party’s intellectual property or other rights; (b) any material, nonpublic information (about companies or otherwise) without the authorization to do so; or (c) any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing);
(5)       Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, or deface any portion of the Network;
(6)       Remove any copyright, trademark, or other proprietary rights notices contained in the Network;
(7)       Harvest or collect information about Network visitors without their unambiguous and informed consent; or
(8)       “Frame” or “mirror” any part of the Network without our prior written authorization.

Unauthorized Use of Network or Network Content

If a user engages in a use of the Network or Network Content that is not permitted, we reserve the right to bar that user’s access to the Network permanently. You agree to indemnify MSU, the Organizations, the Commons, and their directors, officers, employees, and agents, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur because of your violation of these Terms.

Reporting Violations or Concerns

If you have reason to believe that any User Content or activity on the Network violates these Terms or is illegal or inappropriate or to report any other abusive behavior in connection with the Network, please contact us by e-mail at hello@hcommons.org or write to Kathleen Fitzpatrick, Director, The Commons, Michigan State University, 479 West Circle Drive, East Lansing MI 48824.

If you believe that material located on the Network violates your copyright, you may notify us in accordance with the Digital Millennium Copyright Act (“DMCA”) procedures described below. For more information about intellectual property, the DMCA, and legal issues related to social networks such as hcommons, see the Electronic Frontier Foundation’s Web site at http://www.eff.org/issues/bloggers/legal/liability/IP.

If you believe that any material posted on the Network infringes your copyright, you may request the removal of those materials from the Network in accordance with the DMCA. A notice of infringing material that complies with the 17 USC, section 512(c)(3), of the DMCA (“Notice”) must be sent to the agent we have designated with the Copyright Office: Kathleen Fitzpatrick, Director, The Commons, Michigan State University, 479 West Circle Drive, East Lansing MI 48824.

DMCA Notice

To comply with the DMCA, your Notice must be in writing and include the following:

(1)       A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2)       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of those works;
(3)       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;
(4)       Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5)       A statement that you have 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
(6)       A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please note that under United States Copyright Act, 17 USC, sections 101 and following, fair use permits certain reproductions of copyrighted works for the purposes of criticism, comment, news reporting, teaching, scholarship, and research, and the Copyright Act contains other limitations on the exclusive rights of copyright. Before you send any Notice, be sure that you have considered any statutory exceptions to the exclusive rights of copyright under 17 USC, sections 107–22.

When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “Alleged Infringer”) of the Notice and subsequent removal as soon as possible. The Alleged Infringer may then provide us with a counternotice (“Counternotice”) that the initial infringement notice was erroneous. The Counternotice must be in writing and must include:

(1)       A physical or electronic signature of the Alleged Infringer;
(2)       Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3)       A statement under penalty of perjury that the Alleged Infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(4)       The Alleged Infringer’s name, address, and telephone number; and
(5)       A statement of consent to jurisdiction in federal district court and that the Alleged Infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counternotice, we will notify the sender of the Notice of the Counternotice and restore the material within ten to fourteen business days of receipt of the Counternotice, unless the sender of the Notice informs us within that period that it has filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Network.

Links to Third-Party Web Sites

Our Network may contain links to Web sites controlled by third parties (“Third-Party Web Sites”), whether provided by us or by other users. We are not responsible for Third-Party Web Sites or their content or activities. Your use of Third-Party Web Sites is governed by those sites’ terms of use and privacy policies. We make no representations or warranties whatsoever about the nature of Third-Party Web Sites. By providing links to Third-Party Web Sites, we do not guarantee, approve, or endorse the information, services, or products available at these sites, nor does a link indicate any association with or endorsement by the linked site.

Trademark Rights

“hcommons” and all related trademarks, service marks, trade names, logos, and other indicia of source (collectively, “Commons Marks”) are the property of the Commons, and we reserve all rights in the Commons Marks. You may not use the Commons Marks in any manner without our written authorization. Additionally, you may not use the Commons Marks in connection with any product, service, opinion, cause, activity, or political candidate or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, opinion, cause, activity, or political candidate.

Termination

These Terms will continue to apply until terminated either by you or us in accordance with this Section.

We may terminate these Terms and your access to the Network at any time, at our sole discretion, without notice if we believe that you have violated these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Network in any way that violates these Terms or any applicable laws or regulations. You acknowledge that upon any termination of your account, we have the right, but not the obligation, to remove or discard your User Content.

You may terminate these Terms by closing your account and ceasing to use the Network. If you wish to delete your account, you may do so by visiting the Account settings page.

All provisions of these Terms that by their nature should survive termination shall survive termination, including provisions relating to warranty disclaimers, indemnity, and limitations of liability.

Indemnity

You agree to indemnify, defend, and hold harmless the Commons, MSU, the Organizations, their contractors, licensors, and licensees and their directors, officers, employees, agents, and affiliates (“Indemnified Parties”) against any and all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Network or breach of these Terms, including any violation of the Guidelines for Participation; (b) any allegation that any materials that you submit to us or transmit to the Network infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; or (c) your activities in connection with the Network or any services related to the Network. Any Indemnified Party may, at its expense, assume the exclusive defense and control of any matter for which that Indemnified Party is entitled to indemnification, and you agree to provide it with whatever cooperation it reasonably requests.

No Warranties and Disclaimer of Liability

USER CONTENT REPRESENTS THE VIEWS AND OPINIONS OF THEIR AUTHORS AND THEY ARE SOLELY RESPONSIBLE FOR THEIR USER CONTENT. WE CANNOT VERIFY OR GUARANTEE THAT THE INFORMATION PRESENTED ON THE NETWORK, INCLUDING USER CONTENT, IS ACCURATE OR COMPLETE, AND THE COMMONS, MSU, AND THE ORGANIZATIONS WILL NOT BE LIABLE FOR ANY HARM OR DAMAGES ARISING FROM ANY CONTENT POSTED ON THE NETWORK OR YOUR USE OF OR INABILITY TO USE OR ACCESS THE NETWORK. THE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

THE COMMONS, MSU, AND THE ORGANIZATIONS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, OPERATION, OR ADMINISTRATION OF THE NETWORK OR ANY NETWORK CONTENT. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED). THE COMMONS, MSU, AND THE ORGANIZATIONS RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE NETWORK, WITH OR WITHOUT NOTICE, AT ANY TIME AND WITHOUT ANY LIABILITY TO NETWORK USERS.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE TO THE NETWORK, THE COMMONS, MSU, AND THE ORGANIZATIONS DO NOT GUARANTEE OR WARRANT THAT THE NETWORK, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH THE NETWORK, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. THE COMMONS, MSU, AND THE ORGANIZATIONS ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU USE THE NETWORK OR NETWORK CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.

THE COMMONS, MSU, THE ORGANIZATIONS, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE NETWORK OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE COMMONS, MSU, THE ORGANIZATIONS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE NETWORK OR MATERIALS OR SERVICES AVAILABLE THROUGH THE NETWORK, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNDER NO CIRCUMSTANCES WILL THE COMMONS’, MSU’S OR THE PARTICIPATING ORGANIZATIONS’ TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE NETWORK OR NETWORK CONTENT EXCEED $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THE COMMONS, MSU, AND THE ORGANIZATIONS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NONINFRINGEMENT OF ANY CONTENT ON THE NETWORK. THE COMMONS, MSU, AND THE PARTICIPATING ORGANIZATIONS DO NOT WARRANT THAT ALL THE MATERIAL ON THE NETWORK IS CORRECT OR COMPLETE, AND THE COMMONS, MSU, AND THE PARTICIPATING ORGANIZATIONS RESERVE THE RIGHT, WITHOUT INCURRING ANY LIABILITY UNDER ANY THEORY, TO CORRECT ANY ERRORS OR OMISSIONS ON THE NETWORK.

General

Entire Agreement. These Terms, which include our Privacy Statement and Server rules, constitute the complete agreement between you and the Commons, MSU, and Organizations regarding your use of the Network and supersede any prior (oral or written) understandings or agreements regarding its subject matter.

Governing Law; Venue. Any dispute between you and the Commons, MSU, and any Organization regarding these Terms or your use of or access to the Network is governed by the laws of the State of Michigan applicable to agreements wholly made and performed in Michigan, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree: (i) to bring any claim or dispute relating to your use of the Network and these Terms exclusively in the state and federal courts located in the State of Michigan, (ii) to submit to the personal jurisdiction of those courts, and (iii) to waive any objection based on an inconvenient forum or other reasons regarding the jurisdiction or venue of those courts.

Severability; Assignment; Including. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be revised to the extent necessary to make it enforceable and reflect the intent of these Terms, or, if that is not possible, it will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). You may not assign or delegate your rights or privileges under these Terms, and any attempt to do so is null and void. The word “including” in these Terms is illustrative and means “including, but not limited to.”

If you have questions or comments about these Terms of Service, including the Privacy Statement, please direct them to Kathleen Fitzpatrick, Director, The Commons (kfitz@hcommons.org).