Terms of Service
Code42 CrashPlan ("CrashPlan") is making the CrashPlan Service (as defined below) available to you ("You" or "Your") because You are a faculty member, staff member, or student of the University of Virginia ("UVA") or You have otherwise been invited by the University of Virginia to access and use the CrashPlan Service. Please read these terms of service carefully before using the CrashPlan Service. These terms of service govern Your access to and use of the Crashplan Service and constitute a legally binding agreement (this "Agreement") by and among You and Rector and Board of Visitors of the University of Virginia (UVA).
Irrespective of the physical location from which You access or use the CrashPlan Service, You will be considered to be accessing or using information technology at the University of Virginia.
Therefore, in addition to the obligations set forth in this Agreement, in connection with Your access to and use of the CrashPlan Service, You will, at all times, fully comply with all of the University of Virginia's policies, practices (whether or not in writing), procedures, rules, and acceptable and/or responsible use agreements that apply to Your access and/or use of information technology resources at the University of Virginia, as they may be updated and/or newly created by UVA from time to time (collectively, the "Institutional Policies"); and, such Institutional Policies are hereby incorporated into and made a part of this Agreement.
PLEASE BE AWARE, AND YOU HEREBY AGREE, THAT YOUR ACT OF ACCESSING OR USING THE CRASHPLAN SERVICE, WITHOUT ANY OTHER ACTION ON YOUR PART, INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT UNDER ANY CIRCUMSTANCES ACCESS OR USE THE CRASHPLAN SERVICE.
The University of Virginia may, from time to time, deem it necessary to make changes to this Agreement. In the event UVA makes changes to this Agreement, UVA will endeavor to inform You that changes have been made to this Agreement (except that with respect to any Institutional Policy, UVA's obligation, if any, to endeavor to notify you as to changes to such Institutional Policy will be governed by the terms of such Institutional Policy). You, however, have the obligation to routinely check the following webpage [http://its.virginia.edu/crashplan/termsofservice.html] to keep apprised of any changes made to this Agreement. Unless otherwise specified, changes made to this Agreement will be effective when they are posted to such webpage. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE TO THIS AGREEMENT IN THE INTERIM, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE YOUR USE OF THE CRASHPLAN SERVICE.
I. The CrashPlan Service
As used in this Agreement, "CrashPlan Service" means Code42's Enterprise Service of Crashplan, a Managed Private Cloud instance of this service. In this architecture, the encryption keys and the running console environment that manages CrashPlan backups resides within University control. The backed up data (user data) is encrypted in transit and encrypted when placed in the cloud storage environment. The cloud storage environment is a specialized environment brokered by the University Corporation for Advanced Internet Development d/b/a Internet2 ("Internet2") and provided by Code 42 that resides exclusive in a United States-based data center. YOU SHOULD HAVE NO EXPECTATION THAT THE CLOUD STORAGE ENVIRONMENT IS IN A FACILITY THAT IS NOT ACCESSIBLE TO FOREIGN NATIONALS. Except for the rights granted in this Agreement, You, have no right, title, or interest in or to the CrashPlan Service. You agree that Code42 or its licensors retain all proprietary right, title, and interest, including copyright and all other intellectual property rights, in and to the CrashPlan Service.
II. Code of Conduct
You are responsible for all data and content that You upload, transmit (whether knowingly or unknowingly), and backup to the CrashPlan Service (collectively, "Data"). In addition to any other terms and conditions of this Agreement, YOU AGREE TO ABIDE BY THE FOLLOWING RULES IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE CRASHPLAN SERVICE:
- You will not share passwords or other access information or devices or otherwise authorize any third party to access or use the CrashPlan Service on Your behalf.
- You will not engage in unlawful or illegal activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the CrashPlan Service or any accounts, computers, or networks related to the CrashPlan Service.
- You will not view any information that You are not authorized to view nor will You attempt to view or obtain any data through any means from the CrashPlan Service that You are not authorized to access or view.
- You will not use the CrashPlan Service to breach or violate any confidentiality obligations or privacy requirements, including, without limitation, by collecting or harvesting confidential information.
- You will not use the CrashPlan Service to misappropriate or violate the rights of any third party, including, without limitation, using the CrashPlan 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.
- You represent, warrant, and covenant that You have all necessary rights in and to all Data You upload to the CrashPlan Service or otherwise create using the CrashPlan Service, and that the storage of such Data on the CrashPlan Service is proper, legal, and authorized by all of UVA's policies, practices (whether or not in writing), procedures, rules, and acceptable and/or responsible use agreements that apply to Your access and/or use of information technology resources.
- You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the CrashPlan Service, the Site, or others' equipment or software or others' data, communications, or use of the CrashPlan Service, or attempt to do so, or encourage or assist others to do so. This can include, but is not limited to, backing up excess amounts of data to sufficient disrupt usage by other parties in the University community.
- You will not initiate a denial of service attack from or against the CrashPlan Service or release a virus, trojan horse, worms or other malware or spyware from or against the CrashPlan Service.
- You will not use the CrashPlan Service to engage in fraudulent activity.
- You will not use the CrashPlan Service to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- You will not use the CrashPlan Service to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- You will not use the CrashPlan Service to libel or defame others.
- You will not use the CrashPlan Service to store, host, view, or distribute child pornography.
- You will not resell or charge others for the CrashPlan Service, either directly or indirectly.
- You will not attempt to reverse engineer any software provided in connection with the CrashPlan Service.
- You will not take any action that encourages or assists others in engaging in any acts prohibited under this Agreement (including, without limitation, providing others with the ability to access data they should not be able to access).
- You will not use the CrashPlan Service to misrepresent Your identity or impersonate any person.
- You will not use the CrashPlan Service to participate in pyramid schemes or chain letters.
- You will not use the CrashPlan Service for commercial purposes that are unrelated to UVA.
- You will abide by reasonable administrative directives issued by Code42, Information Technology Services (ITS), and/or Information Security from time to time concerning the access or use of the CrashPlan Service.
III. Suspension and Termination of Your Use of the Service
If You breach or violate the terms and conditions of this Agreement, Your access to and use of the CrashPlan Service may be suspended or terminated without prior notice to You. In addition, Your access to and use of the CrashPlan Service may be suspended or terminated without prior notice to You in the event that UVA deems it necessary and acceptable to do so. You acknowledge that if Your access to and/or use of the CrashPlan Service is suspended or terminated, it is possible that You may no longer have access to the Data that You uploaded to the CrashPlan Service or otherwise created using the CrashPlan Service.
IV. Sanctions, Disciplinary Actions and Legal Actions
Without limitation of UVA's or CrashPlan's other rights or remedies, You acknowledge and agree that a breach by You of this Agreement may result in sanctions imposed by UVA relating to Your use of information or information technology resources, disciplinary action taken by UVA against You in accordance with Institutional Policies, and/or in legal action taken by UVA or CrashPlan against You.
V. Right to Access Data
The University of Virginia (UVA) will have the right to access Your Data in accordance with the Institutional Policies. By using this service, You also may be making Your Data available for discovery, subject to the Virginia Freedom of Information Act (VA FOIA) and e-discovery in litigation. Subject to the terms and conditions of the written agreement that gives UVA the right to provide the CrashPlan Service to You, by using the CrashPlan Service, You hereby grant CrashPlan and its contractors an irrevocable, royalty-free, worldwide license to use, copy, and manage Your Data for the sole purpose of providing the CrashPlan Service to You.
VI. Limitations on Data Stored in CrashPlan Service
The purpose of this section is to ensure the integrity, security, and confidentiality of the content You upload, transmit (whether knowingly or unknowingly), and backup to the CrashPlan Service (collectively, "Data").
The CrashPlan Service is intended for use to back up Data that is considered moderately sensitive and/or non-sensitive data as defined by Electronic Storage of Highly Sensitive Data Policy (IRM-015; http://uvapolicy.virginia.edu/policy/IRM-015). Such data shall specifically NOT include, but is not limited to, any personal information that can lead to identity theft if exposed, health information that reveals an individual's health condition and/or history of health services use, PCI-controlled data, Department of Defense/Department of Energy Controlled Data (Controlled Unclassified Information), and ITAR-restricted data or data that is under an Office of Export Controls Technology Control Plan (TCP). Guidance regarding these guidelines and data types is available from UVA Information Security emailing IT-Security@virginia.edu.
Any breach of the above limitations on data stored (whether intentional or unintentional) in the CrashPlan service must be reported to Information Security as an Information Security Incident in accordance with the Information Security Incident Reporting Policy (IRM-012: http://uvapolicy.virginia.edu/policy/IRM-012).
VII. Notices and Procedure for Making Claims of Copyright Infringement
Code42 and UVA respect copyright law and require You to do the same. Code42 and UVA expressly prohibit the use of the CrashPlan Service for the illegal transmission of copyrighted material, and will, if notified by content owners, disable copyrighted material from being transmitted via the CrashPlan Service.
VIII. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE "CRASHPLAN SERVICE" IS BEING PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR NON-INFRINGEMENT.
THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. CODE42 AND UVA MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE CRASHPLAN SERVICE FOR USE FOR YOUR PURPOSES, EXCEPT AS OTHERWISE PROVIDED HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER UVA, CODE42, NOR INTERNET2, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE CRASHPLAN SERVICE FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CRASHPLAN SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CODE42, UVA, AND INTERNET2 AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED IN THE AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $5.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.
IX. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state where the main campus of the University of Virginia is located, excluding the conflicts of law principles of such state.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Code42 or UVA to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to a third party; any assignment or transfer by You will be deemed void from inception.
Some language in this document adapted (with thanks) from Cornell University.