CAMPUSGUARD LLC ACCEPTABLE USE POLICY
Effective Date: July 20, 2021
By accessing the customer compliance portal known as CampusGuard Central®, owned and operated by CampusGuard LLC, a Customer, on or behalf of itself or any of its Users (as those terms are defined below), agrees to the terms of this Acceptable Use Policy agreement (the “Agreement” or “AUP”). CampusGuard may revise this AUP from time to time by posting a new version on the CampusGuard Central website at https://cg.central.campusguard.com/portal#home/
“Platform” means the CampusGuard created and managed compliance portal, CampusGuard Central. “Customer” means the individual, corporation, or legal entity that has contracted with CampusGuard to utilize CampusGuard Central. “User” means an individual within Customer’s organization who uses the Platform.
2. ACCEPTABLE USE OF PLATFORM
The Platform may be used for tracking and reporting compliance status activities, completing Self-Assessment Questionnaires (SAQs), and uploading relevant compliance-related documents. The Platform may also be used to generate reports or view CampusGuard generated reports including, but not limited to, Assessment Reports, Vulnerability Scan Reports, Penetration Test Reports, etc. At all times Customer shall be responsible for any use of the Platform by its Users.
3. PROHIBITED ACTIVITIES
In connection with the use of the Platform, Customer shall comply, and shall require its Users to comply, with the terms and conditions of this Agreement and with all applicable laws and regulations, including, without limitation, the Digital Millennium Copyright Act.
Without limiting the generality of the foregoing, Customer and its Users shall not use the Platform in a manner that interferes with or threatens to jeopardize the Platform, CampusGuard’s network, or the use of the Platform by any of CampusGuard’s customers, and Customer shall not use the Platform:
to make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;
to transmit or upload material, information, messages, data or images that are libelous or defamatory, or that violate any privacy right, threaten physical harm or property damage, or that violate state, local or federal laws, including but not limited to, laws governing obscenity, pornography, intellectual property, or the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so;
to cause or attempt to cause security breaches or disruptions of service. (Examples of security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient, or logging in to a server or account that Customer is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, ping floods, denial of service attacks, packet spoofing, and forged routing information);
to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of CampusGuard or any other party;
to accomplish any unlawful purpose including, but not limited to, posting, sending, storing or transmitting information which a reasonable person would deem unlawful;
to collect large numbers of identifiers of others without their consent (spidering or harvesting) or use of software to conduct such activity (spyware);
to violate the rules of any network, server, web site, or system that you access;
to interfere with others use of Platform including transmitting worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others ability to use the network;
to resell or make the service available to others.
Customer and its Users shall not cause harm to the equipment, software, or processes used in connection with furnishing the Platform, whether owned or operated by CampusGuard or other entities.
Upon any notice of alleged copyright infringement by a Customer, CampusGuard shall have the right to immediately remove the allegedly infringing content or temporarily disable the Customer’s access. CampusGuard will notify Customer if such action is taken. Reinstatement may occur upon receipt by CampusGuard of a counter notice delivered in accordance with the copyright infringement provisions of the Digital Millennium Copyright Act. Repeat infringers’ accounts will be terminated with no reinstatement.
4. CUSTOMER OR USER ADDED CONTENT
CampusGuard exercises no control over the content of the information uploaded to the Platform or stored on the Platform. CampusGuard has no duty to monitor, review, remove, or edit any material uploaded or residing on its Platform, although CampusGuard reserves the right to do so. Customer is responsible for monitoring its own content, and for those of its Users. CampusGuard makes no warranties of any kind, whether express or implied, about the content that is uploaded by the Customer or its Users to the Platform.
5. VIOLATIONS OF THIS POLICY
If CampusGuard receives notice from a third party, or if CampusGuard reasonably believes that a Customer or any of its Users has violated any of the terms of this Agreement (including, without limitation, for failure to pay for the Platform when due), then CampusGuard shall have the right, in its sole discretion, without prior notification to Customer or its Users, without limiting any other rights or remedies CampusGuard might have, and without incurring any obligation or liability to Customer or its Users, to temporarily discontinue furnishing Platform to Customer or its Users, in whole or in part, or to terminate service to Customer.
6. CHANGES TO THE ACCEPTABLE USE POLICY
7. FRAUDULENT ACTIVITY
We reserve the right to terminate access to CampusGuard Central due to any suspected fraudulent activity or the occurrence of unethical conduct which compromises the security of the platform in any way or violates these terms. Fraudulent or unethical conduct may include, but is not limited to, misrepresentation of information furnished to CampusGuard, abusive or illegal acts, the use of bots, fictitious identities, or fake emails by you or anyone acting on your behalf.
8. GOVERNING LAW/JURY TRIAL
These terms will be governed by and interpreted in accordance with the laws of the State of Nebraska, without reference to its choice of laws. You or CampusGuard may submit to the exclusive jurisdiction of the courts located in Lancaster County, Nebraska, and agree not to commence any legal action under or in connection with the subject matter of these Program Terms or participation in the Program in any other court or forum. Any cause of action or claim you may have with respect to this Program must be commenced within one (1) year after such claim or cause of action arises. The parties expressly waive their right to a trial by jury of any dispute related to these Program Terms or participation in the Program.
9. LIMITATION OF LIABILITY
NEITHER WE, AS THE OPERATOR OF THIS PLATFORM, NOR OUR AFFILIATES AND SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL BE LIABLE TO YOU FOR ANY CLAIMS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), BASED DIRECTLY OR INDIRECTLY ON YOUR RELATIONSHIP WITH US OR OUR ADMINISTRATION OF THIS PLATFORM, WHETHER BASED ON BREACH OF CONTRACT, STATUTE, OR OTHERWISE IN CONNECTION WITH (I) YOUR USE OF THIS PLATFORM; OR (II) ANY FAILURE, DELAY, OR DECISION BY CAMPUSGUARD IN ADMINISTERING THIS PLATFORM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. SPECIAL NOTICE FOR NEW JERSEY USERS
BY USING THIS WEBSITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE CAMPUSGUARD COMMUNICATIONS, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST CAMPUSGUARD COMMUNICATIONS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF CAMPUSGUARD COMMUNICATIONS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.