Terms of Service

College of Charleston Terms of Service (the “TERMS”) for Gmail and Google Apps for Education
(Student End Users)

WELCOME to the College of Charleston (“College”) Gmail and Google Apps for Education (the “Services”).

BY USING THESE SERVICES YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND ANY GUIDELINES, PROCEDURES OR AMENDMENTS TO THE TERMS OF SERVICE THAT MAY BE POSTED FROM TIME TO TIME. BY USING THESE SERVICES YOU ALSO AGREE TO USE THEM IN A MANNER THAT IS FULLY CONSISTENT WITH ALL CURRENT COLLEGE AND GOOGLE POLICIES AND RELEVANT PROVISIONS OF LAW INCLUDING, BUT NOT LIMITED TO, EACH AND ALL OF THE FOLLOWING:

  1. Modification of TERMS

    The College reserves the right to update and/or modify the TERMS from time to time in its sole discretion without notice to you. You can review the most current version of the TERMS at any time at http://it.cof.edu/documents/google-terms.pdf. Your continued access to and use of the Services after any updates and/or modifications are posted constitutes your acceptance and agreement to be bound by the updated and/or modified TERMS.


  2. Description of Services; Technical Assistance

    The College provides email services to support the educational and administrative activities of the College, and to serve as a means of official communication by and between users and the College. The College entered into an Agreement (the “Agreement”) with Google, Inc. (“Google”) that provides for the outsourcing of the College’s student email service. Under the Agreement, student email accounts are remotely hosted by Google; the College owns the domain g.cofc.edu and Google administers email for that domain through Gmail. In addition, students are provided access to the suite of Google Apps for Education services. The services are described at http://www.google.com/a/help/intl/en/edu/index.html. Technical support for the Services will be provided to you through the College of Charleston Help Desk.


  3. Modification of Services

    The College reserves the right at any time and from time to time to approve modifications to the Services or discontinue (temporarily or permanently), the Services (or any part thereof) with or without notice to you. You agree that the College shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any party thereof).


  4. User Account and Password

    You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Helpdesk (953-3375) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The College will not be liable for any loss or damage arising from your failure to comply with this Section 4 or any other provision of the TERMS.


  5. Conduct

    You understand that all information, attachments, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content ”) are the sole responsibility of the person from whom such Content originated. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable, and that you use the Services at your own risk. Under no circumstances will the College be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

    You agree that you are entirely responsible for your own conduct and for any Content that you create, upload, post, email, transmit or otherwise make available while using the Services and for any consequences thereof.

    You agree to use the Services only for purposes that are legal, proper and in accordance with the TERMS and all applicable policies and guidelines, as described above.

    You agree to not use the Services to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or any Content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a College official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with the College;
    4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law;
    5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ( "Rights") of any party;
    6. upload, post, email, transmit or otherwise make available any material that contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment;
    7. intentionally or unintentionally violate any applicable local, state, federal, national or international law, and any regulations having the force of law;
    8. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; and/or
    9. "stalk", “bully” or otherwise harass another person or persons.

    Your further agree to not alter or attempt to alter the Services (or the pages thereof), attempt to reverse engineer the Services or any component of the Services, attempt to create a substitute or similar service through the use of, or access to, the Services, or use the Services for high risk activities, where the failure of the Services could lead to the death, personal injury, or environmental damage.

    To report any activity or Content that may violate the TERMS or any guidelines, policies, rules or terms applicable to the Services, please contact Helpdesk (843) 953-3375.


  6. Data Processing and Storage; Interstate Nature of Communications

    As part of providing the Services, Google may store and process your electronic communications in the United States or any other country in which Google or its agents maintain facilities. By using the Services, you consent to this transfer, processing and storage of your data.

    Furthermore, you acknowledge that by using the Services to transmit electronic communications, you may be causing such communications to be sent through Google’s computer networks, portions of which may be located in any of the states of the United States and portions of which may be located abroad. As a result, your use of the Services can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by using the Service, you acknowledge that use of the Services may result in interstate data transmissions.


  7. International Use and Export and Import Compliance

    Use of the Services, including transferring, posting and uploading of software, technology, and other technical data via the Services may be subject to export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists and that you will not transfer software, technology, and other technical data via the Services to parties on such lists; (b) agree not to use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.


  8. Access to End User Accounts and Content

    While the College nor its Information Technology staff does not actively access your Account or disclose Content contained in your account, you acknowledge that the College has the ability to monitor, use, or disclose such Content, and that Google provides the College with the ability to do so. Any access of your Account or disclosure of Content the College will follow the standards established in the current College’s Privacy Policy which can be found at http://www.cofc.edu/policies/privacypolicy/. You further acknowledge, consent and agree that the College may access, preserve and disclose your account information and any Content associated with your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) satisfy any applicable law, regulation, legal process or enforceable governmental request; (ii) enforce the TERMS and any guidelines, policies, rules or terms applicable to the Services, including any investigation of potential violations thereof; (iii) detect, prevent or otherwise address fraud, security or technical issues (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your request for technical assistance; or (vi) protect against imminent harm the rights, property or safety of the College, Google and the public, as required or permitted by law.


  9. Termination/Suspension of End User Account; Failure to Comply By Google

    Your Account may be terminated and/or suspended by Google if you fail to abide by Google Terms of Service.

    Notwithstanding the foregoing, if there is an Emergency Security Issue (means either: (a) your use of the Services in violation of Google’s Acceptable Use Policy, which could disrupt: (i) the Services; (ii) other End Users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services), then Google may automatically Suspend the offending use. Suspension will be to the minimum extent required by Google, and of the minimum duration, to prevent or terminate the Emergency Security Issue.


  10. By the College.

    Your Account may be terminated and/or suspended by the College: (a) if the College has a reasonable suspicion that you have failed to abide by the TERMS and any guidelines, policies, rules or terms applicable to the Services; (b) upon requests by Google, law enforcement or government agencies; (c) in the event of a discontinuance or material modification of the Services (or any part thereof) by Google; (d) during unexpected technical or security issues or problems.

    Violations of the TERMS and any guidelines, policies, rules or terms applicable to the Services will be treated in accordance with College policies, procedures, and all relevant federal, state and local laws. Allegations of misconduct will be adjudicated according to established procedures at the College. Sanctions for inappropriate use of the Services will be levied according to established policies of the College.

    Termination of your Account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), and (c) barring of further use of all or part of the Services.

    You acknowledge that if the Agreement between the College and Google terminates you will no longer have access to and use the Google services.


  11. Indemnity

    You agree to indemnify and hold Google and the College (and its trustees, officers, employees, and agents) harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim or demand regarding your use of the Services in violation of these TERMS.


  12. Disclaimer of Warranties

    You expressly understand and agree that:

    1. Your use of the Services are at your sole risk. The Services are provided on an "AS IS" basis. The College and its trustees, officers, employees, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    2. The College and trustees, officers, employees, and agents make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.
    3. Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
    4. No advice or information, whether oral or written, obtained by you from the College or through or from the Services shall create any warranty not expressly stated in the TERMS.

  13. Entire Agreement

    The TERMS and the documents referenced herein represent the entire and integrated agreement between you and the College regarding the use of Google Services provided through the College.


  14. Waiver and Severability of Terms

    Any waiver by a Party to any term or condition of the TERMS by the other Party shall not affect or impair the waiving Party’s right with respect to any subsequent act or omission of the same type, nor shall it be deemed to waive any other right under the TERMS; nor shall any delay or omission of a Party to exercise any right arising under the TERMS affect or impair such Party’s rights as to the same or any future delay or omission; nor shall the failure of a Party to the TERMS to require or exact full and complete compliance with any one or more of the provisions of the TERMS be construed as in any manner changing such provision or provisions.

    If any term or condition of the TERMS shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the TERMS shall not be affected thereby, and each remaining term or condition hereof shall be valid and enforced to the fullest extent permitted by law. In the event such determination prevents the accomplishment of the purpose of the TERMS, the invalid provision shall be restated to conform with applicable law and to reflect as nearly as possible the original intention of the parties.


  15. Controlling Law

    The TERMS shall be interpreted, controlled, and enforced in accordance with the substantive laws of South Carolina.


  16. Section Headings

    The headings used in the TERMS are merely for reference and impose no obligation nor have any substantive significance.


  17. Survival of TERMS

    You agree that the following Sections of the Terms shall survive any termination or suspension of your Account, or expiration of the College/Google relationship: [8, 10, 11, 13, 14, 15, and 16].

END OF TERMS OF USE