ARCHNET TERMS OF MEMBERSHIP

Please read this page carefully.

In an ideal world, everybody behaves respectfully with regard to the work of other people in the community. Our job is to bring our members the best, most timely presentation of current scholarship, and to protect the copyright interests of our authors. Frankly, we don't want to spend our time policing what our members. The following is a legal statement which our lawyers insist we put in a public space of ArchNet.

In a complicated and wordy way, it asks you to behave in a reasonable, courteous, and respectful way towards the people and content you encounter in ArchNet.

We tend to be optimists. We think you won't have any problems doing just that.

Member Activities

ArchNet has established some rules of the road for its members. ArchNet Members agree to seven basic rules designed to maintain ArchNet as an interesting, lively, courteous, and legally permissible place:

1. Members may not interfere with other Members's use and enjoyment of ArchNet (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity);

2. Members may not use ArchNet to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;

3. Members may not use ArchNet to advertise or sell products or services to others;

4. Members must immediately inform the ArchNet administrator if they have reason to believe that another Member is infringing any copyrights or other proprietary materials;

5. Members may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, that is in violation of applicable laws, or that is used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities;

6.Members may not post or disclose any personally identifiable information belonging to children or displaying material that exploits children under 18 years of age; and

7.Members may not impersonate another Member or ArchNet staff member; A Member posting material represents that such material is owned by the Member or used with permission of the copyright holder; the Member grants to ArchNet a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content.

ArchNet has no responsibility for the content of any material posted by Members. However, if a Member violates this Agreement or if ArchNet believes in good faith that any portion of the material a Member posts is infringing any copyrights or proprietary rights, ArchNet reserves the right in its sole discretion to
(i) edit or delete in whole or in part such Member's posted material appearing on ArchNet,
(ii) refuse access to all or portions of ArchNet to such Member, and/or
(iii) terminate such Member's membership. Member profiles, posted messages, participation in forums and chat rooms, and any other Member posted content contain the opinions and views of other Members and ArchNet is not responsible for their content.

General Behavior Guidelines for Members

ArchNet asks that Members observe the same common courtesies that they would observe at any face to face academic or professional gathering (or that people would expect them to observe!). Members should avoid ad hominem attacks (criticisms that are aimed at the person rather than at the ideas being espoused). ArchNet reminds Members that, because tone of voice and facial expressions do not easily travel over the Internet, the intent of a message can easily be misinterpreted by others. ArchNet asks that Members make the effort to type those extra few words that can change what would otherwise be a rude message into a polite, but vigorous questioning of an idea or concept.

For Member's own protection, Members should not give any personal information or their password to anyone whether in chat rooms, forums or threaded messages. ArchNet's staff will never ask a Member for their password.

Member Information and Privacy

ArchNet reserves the right to release current or past member information to third parties for limited purposes in the event ArchNet believes that accounts are
(i) in violation of this Agreement,
(ii) used to commit unlawful acts, and/or
(iii) is required to be disclosed to comply with applicable laws or regulations, or with a court or administrative order.

ArchNet further reserves the right to share current or past member information internally within MIT. Except as stated in this paragraph, ArchNet will not share information specific to Members with third parties. ArchNet is, however, free to disclose aggregate Member information (such as how many members are female) to third parties.

ArchNet may periodically send e-mails to ArchNet Members who, when registering, gave their permission to receive such e-mails. Any Member may remove themselves from such e-mail list by sending an e-mail to ArchNetAdmin@ArchNet.mit.edu with only the word "remove" in the body of the message.

Links to Other Web Sites

ArchNet may include links to other Internet sites solely as a convenience to Members. ArchNet does not necessarily endorse any such sites or the information, material, products or services contained on or accessible through the sites, and the Member's access and use such sites, including information, material, products and services therein, solely at Member's own risk.

DISCLAIMER OF WARRANTY

ARCHNET AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON ARCHNET, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT ARCHNET IS DISCLAIMED. ARCHNET IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM ARCHNET DELETING A MEMBER PROFILE OR FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS. LIMITATION OF LIABILITY IN NO EVENT SHALL ARCHNET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARCHNET'S LIABILITY FOR DIRECT DAMAGES SHALL BE EXPRESSLY LIMITED TO THE ACTUAL PRICE THE MEMBER PAID TO ARCHNET FOR MEMBERSHIP DURING THE PAST TWELVE MONTHS, EXCEPT AS STATED BELOW WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH ARCHNET. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH ARCHNET, ARCHNET'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT ARCHNET'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. MEMBER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND ARCHNET WOULD NOT BE PROVIDED TO MEMBER ABSENT SUCH LIMITATIONS. SOME STATE LAWS MIGHT APPLY REGARDING LIMITATION OF LIABILITY.

Member Representations and Warranties

Member agrees to keep his or her password confidential and to notify ArchNet within 24 hours of any breach of this Agreement or unauthorized Member of the password. ArchNet does not protect the Member from unauthorized use of the Member's password.

Indemnification

Member agrees to indemnify, defend, and hold harmless ArchNet, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) Member's violation of this Agreement, and (ii) Member's posting of material to ArchNet.

Proprietary Rights

A Member posting material represents that such material is owned by the Member or used with permission of the copyright holder. ArchNet acknowledges that each Member owns the material he or she creates and posts on ArchNet. Each Member grants to ArchNet a royalty-free, perpetual, non-exclusive license to reproduce, transmit, modify, authorize the downloading of, and otherwise publish such material (in whole or part) in any form, medium, or technology now known or as may be later developed.

Changes to ArchNet and the Agreement

ArchNet may make improvements or changes in the information, services, products, and other materials on ArchNet, or terminate ArchNet, at any time without notice. ArchNet may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, Member agrees to review this Agreement periodically, and Member's continued use of ArchNet shall be deemed Member's acceptance of the modified agreement. Notification of any such modifications will be distributed to registered ArchNet members via email and via electronic postings to the ArchNet site member workspace.

Entire Agreement

This Agreement constitutes the entire and only agreement between ArchNet and the Member and supersedes any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to ArchNet, the content, information, goods and services provided by or through ArchNet, and the subject matter of this Agreement.

General

This agreement and the resolution of any dispute related to this Agreement or ArchNet shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. ArchNet's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between ArchNet and the Member related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.

ArchNet, MIT and Massachusetts Institute of Technology are trademarks of Massachusetts Institute of Technology. All other trademarks are the property of their respective owners.