SOUTHWESTERN ILLINOIS COLLEGE TERMS OF USE
Preventing Sexual Violence in Higher Education and Awareness Training
As a current student or employee of the institution, you acknowledge and agree to complete the Campus Sexual Violence Elimination(SAVE) Act of 2013/Violence Against Women Act (VAWA) Education and Awareness Training provided on the home page of eSTORM after login at least once annually. This training ensures compliance with federal and state Title IX, Clery Act/VAWA and Preventing Sexual Violence in Higher Education. The annual training includes but is not limited to information regarding SWIC’s comprehensive sexual misconduct policy as well as the following: (A) the institution’s definitions of consent, inability to consent and retaliation as they relate to sexual violence, (B) reporting to the higher education institution, campus law enforcement, and local law enforcement, (C) reporting to the confidential advisor or other confidential resources, (D) available survivor services; and strategies for bystander intervention and risk reduction.
Southwestern Illinois College Network and Data Access
Thank you for using Southwestern Illinois College’s online services!
Online services provide access to SWIC systems and data as it relates to your role with respect to the institution’s mission and values.
By logging into SWIC online services, you agree to be bound by the institution’s policies and procedures; student conduct code or employee guidelines; and federal, state and local government laws.
As a user of SWIC online services, you agree to be responsible for keeping SWIC data secure and for using the services as intended.
Access to SWIC online services is a privilege not a guarantee. You agree to access the appropriate SWIC online services as it relates to your affiliation with SWIC. By way of example, and not as a limitation, you agree that when using SWIC online services, you will not:
- Defame, debase, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Uphold, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content
- Upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content
- Download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
- Restrict or inhibit any other user from using or enjoying SWIC online services
- Use SWIC online services for any illegal or unauthorized purpose
- Remove any copyright, trademark or other proprietary rights notices contained in or on SWIC online services
- Interfere with or disrupt SWIC online services or servers or network connected to SWIC online services, or disobey any requirements, procedures, policies or regulations of networks connected to SWIC online services
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of SWIC online services or collect information about users for any unauthorized purpose
- Submit content that falsely expresses or implies that such content is sponsored or endorsed by SWIC
- Create user accounts by automated means or under false or fraudulent pretenses
- Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
- Transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature
- Host Peer 2 Peer File Sharing programs
SWIC reserves the right to monitor SWIC online services or any SWIC owned equipment or service. Illegal use or abuse of SWIC online services will result on disabling your account and criminal prosecution for illegal use.
Termination
You may terminate SWIC online services at any time with the knowledge that such termination may impact communications with SWIC on events and services.
Indemnity
You agree to hold harmless and indemnify Southwestern Illinois College, its affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of SWIC online services or your violation of these terms of service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys fees, of every kind and nature. In such a case, Southwestern Illinois College will provide you with written notice of such claim, suit or action.
Disclaimer of Warranties
Your use of SWIC online services is at your sole risk. SWIC online service is provided on an “as is” basis and without warranty of any kind to the maximum extent permitted by law, Southwestern Illinois College and its licencors expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Southwestern Illinois College and its licencors make no warranty (1) that SWIC online services will meet your requirements, (2) that SWIC online services will be error-free or bug-free, (3) regarding the security, reliability, timeliness or performance of the software, and (4) that any errors in SWIC online services will be corrected.
Any content or material downloaded or otherwise obtained through the use of SWIC online services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
No advice or information, whether oral or written, obtained by you from Southwestern Illinois College or any third party or through SWIC online services shall create any warranty not expressly state in these terms and conditions.
You expressly understand and agree that Southwestern Illinois College and its licencors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Southwestern Illinois College or its licencors have been advised of the possibility of such damages) resulting from: (1) the use of the inability to use SWIC online services or to access content or data, (2) the cost of procurement of substitute goods or services, (3) unauthorized access to or alteration of your transmissions or data, or (4) any other matter relating to SWIC online services. The foregoing limitations shall apply notwithstanding a failure of essential purpose or any limited remedy and to the fullest extent permitted by law.
Under no circumstances shall Southwestern Illinois College or any third party who makes its software or content available in conjunction with or through SWIC online services be liable to you or any user on account of your use or misuse of SWIC online services or such third party online services or content. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Southwestern Illinois College and/or a third party software or content provider have been advised of the possibility of such damages) such limitation of liability shall apply whether the damages arise from the use or misuse of, inability to use, or reliance on the software and all third party software or content made available in conjunction with or through SWIC online services, or from the interruptions, suspension, or termination of SWIC online services and any third party software or content made available in conjunction with or through SWIC online services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Choice of Law and Forum
These terms of service will be governed by and construed in accordance with the laws of the state of Illinois. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of these terms and conditions will continue in full force and effect.
Waiver and Severability of Terms
The failure of SWIC online services to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
Statutes of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SWIC online services or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement
These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by Southwestern Illinois College and/or a third party who makes it software available in conjunction with or through SWIC online services.