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<h1><i>MITx</i> Terms of Service</h1>

<p>Welcome to <i>MITx</i>. You must read and agree to these Terms of Service
(&quot;TOS&quot;), <i>MITx</i>&rsquo;s <a href="/t/privacy.html">Privacy
Policy</a>, and <a href="/t/honor.html">Honor Code</a> prior to
registering for this site or using any portion of this site
(&ldquo;Site&rdquo;), including accessing any course materials, chat
room, mailing list, or other electronic service. These TOS, the
Privacy Policy and the Honor Code are agreements (the
&ldquo;Agreements&rdquo;) between you and the Massachusetts Institute
of Technology (&ldquo;MIT&rdquo;). If you do not understand or do not
agree to be bound by the terms of the Agreements, please immediately
exit this site. </p>

<p><i>MITx</i> reserves the right to modify these TOS at any time and
will publish notice of any such modifications online on this page for
a reasonable period of time following such modifications, and by
changing the effective date of these TOS. By continuing to access the
Site after notice of such changes have been posted, you signify your
agreement to be bound by them. Be sure to return to this page
periodically to ensure familiarity with the most current version of
these TOS.  </p>

<h2>Description of <i>MITx</i> </h2>

<p><i>MITx</i> offers online courses that include opportunities for
professor-to-student and student-to-student interactivity, individual
assessment of a student's work, and for students who demonstrate their
mastery of subjects, a certificate or credential. </p>

<h2>Rules for Online Conduct</h2>

<p>You agree that you are responsible for your own use of the Site and
for your User Postings.  &ldquo;User Postings&rdquo; include all
content submitted, posted, published or distributed on the Site by you
or other users of the Site, including but not limited to all forum
posts, wiki edits, notes, questions, comments, videos, and file
uploads. You agree that you will use the Site in compliance with these
TOS, the <a href="/t/honor.html">Honor Code</a>, and all applicable
local, state, national, and international laws, rules and regulations,
including copyright laws and any laws regarding the transmission of
technical data exported from your country of residence and all United
States export control laws.

<p>As a condition of your use of the Services, you will not use the
Site in any manner intended to damage, disable, overburden, or impair
any <i>MITx</i> server, or the network(s) connected to any <i>MITx</i>
server, or interfere with any other party's use and enjoyment of the
Site. You may not attempt to gain unauthorized access to the Site,
other accounts, computer systems or networks connected to
any <i>MITx</i> server through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or
information stored on the Site, its servers, or associated computers
through any means not intentionally made available through the
Site. </p>

<h2>The following list of items is strictly prohibited on the Site:</h2>
<ol>
<li>Content that defames, harasses, or threatens others
<li>Content that discusses illegal activities with the intent to commit them.
<li>Content that infringes another&#39;s intellectual property,
including, but not limited to, copyrights, or trademarks
<li>Any inappropriate, profane, pornographic, obscene, indecent, or
unlawful content
<li>Advertising or any form of commercial solicitation
<li>Political content or content related to partisan political
activities
<li>Viruses, trojan horses, worms, time bombs, corrupted files,
malware, spyware, or any other similar software that may damage the
operation of another&rsquo;s computer or property
<li>Content that contains intentional inaccurate information with the
intent of misleading others.
<li>You, furthermore, agree not to scrape, or otherwise download in
bulk, user-contributed content, a list or directory of users on the
system, or other material including but not limited to on-line
textbooks, User Postings, or user information. 
<lu>You agree to not misrepresent or attempt to misrepresent your
identity while using the Sites (although you are welcome and
encouraged to use an anonymous username in the forums).
</ol> 

<h2>User Accounts and Authority</h2>

<p>In order to participate in Site activities, you must provide an
email address (&quot;Email Address&quot;) and a user password
(&quot;User Password&quot;) in order to create a user account
(&ldquo;User Account&rdquo;). You agree that you will never divulge or
share access or access information to your User Account with any third
party for any reason. In setting up your User Account, you may be
prompted or required to enter additional information, including your
name. You understand and agree that all information provided by you is
accurate and current. You agree to maintain and update your
information to keep it accurate and current. </p>

<p>We care about the confidentiality and security of your personal
information.  Please see our <a href="/t/privacy.html">Privacy
Policy</a> for more information about what information about
you <i>MITx</i> collects and how <i>MITx</i> uses that
information.</p>

<h2>Your Right to Use Content on the Site</h2>

<p>Unless indicated as being in the public domain, all content on the
Site is protected by United States copyright. The texts, exams and
other instructional materials provided with the courses offered on
this Site are for your personal use in connection with those courses
only. MIT is planning to make <i>MITx</i> course content and software
infrastructure available under open source licenses that will help
create a vibrant ecosystem of contributors and further MIT&rsquo;s
goal of making education accessible and affordable to the world. </p>

<p>Certain reference documents, digital textbooks, articles and other
information on the Site are used with the permission of third parties
and use of that information is subject to certain rules and
conditions, which will be posted along with the information. By using
this Site you agree to abide by all such rules and conditions. Due to
privacy concerns, User Postings shall be licensed to <i>MITx</i> with
the terms discussed below. Please
see <a href="/t/copyright.html"><i>MITx's Copyright Page</i></a> for
more information.</p>

<h2>User Postings</h2>

<p><strong>User Postings Representations and Warranties.</strong> By
submitting or distributing your User Postings, you affirm, represent,
and warrant that you are the creator and owner of or have the
necessary licenses, rights, consents, and permissions to reproduce and
publish the posted information, and to authorize MIT and <i>MITx</i>'s
Users to reproduce, modify, publish, and otherwise use that infomation
and distribute your User Postings as necessary to exercise the
licenses granted by you below. You, and not <i>MITx</i>, are solely
responsible for your User Postings and the consequences of posting or
publishing them.</p>

<p><strong>Limited License Grant to MIT.</strong> By submitting or
distributing User Postings to the Site, you hereby grant to MIT a
worldwide, non-exclusive, transferable, assignable, fully paid-up,
royalty-free, perpetual, irrevocable right and license to host,
transfer, display, perform, reproduce, modify, distribute and
re-distribute, relicense, and otherwise exploit your User Postings, in
whole or in part, in any form, and in any media formats and through
any media channels (now known or hereafter developed).</p>

<p><strong>Limited License Grant to <i>MITx</i> Users.</strong> By
submitting or distributing User Postings to the Site, you hereby grant
to each User of the Site a non-exclusive license to access and use
your User Postings in connection with their use of the Site for their
own personal purposes. </p>

<h2>Use of <i>MITx</i> and MIT Names, Trademarks and Service Marks</h2>

<p>&ldquo;<i>MITx</i>,&rdquo; &quot;MIT&quot;, &quot;Massachusetts Institute
of Technology&quot;, and its logos and seal are trademarks of the
Massachusetts Institute of Technology. You may not use MIT&rsquo;s
names or logos, or any variations thereof, without prior written
consent of MIT. You may not use the MIT name in any of its forms nor
MIT seals or logos for promotional purposes, or in any way that
deliberately or inadvertently claims, suggests, or in MIT&#39;s sole
judgment gives the appearance or impression of a relationship with or
endorsement by MIT.

<p>All Trademarks not owned by MIT that appear on the Site or on or
through the services made available on or through the Site, if any,
are the property of their respective owners.  Nothing contained
on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any such Trademark displayed
on the Site without the written permission of the third party that may
own the applicable Trademark.</a>


<h2>Digital Millennium Copyright Act</h2>

<p> Copyright owners who believe their material has been infringed on
the Site should contact MITx's designated copyright agent at
dcma-agent@mit.edu or at 77 Massachusetts Avenue, Cambridge, MA
02138-4307 Attention: MIT DCMA Agent, W92-263A.  

<p> Notification must
include:
<ul>
<li> Identification of the copyrighted work, or, in the case of
multiple works at the same location, a representative list of such
works at that site.
<li> Identification of the material that is claimed to be infringing
or to be the subject of infringing activity. You must include
sufficient information for us to locate the material (e.g., url, ip
address, computer name).
<li> Information for us to be able to contact the complaining party
(e.g., email address, phone number).
<li> A statement that the complaining party believes that the use of
the material has not been authorized by the copyright owner or an
authorized agent.
<li> A statement that the information in the notification is accurate
and that the complaining party is authorized to act on behalf of the
copyright owner.
</ul>

<h2>Disclaimer of Warranty / Indemnification/Limitation of Liabilities</h2>

<p>THE SITE IS PROVIDED &quot;AS IS&quot; AND &quot;AS AVAILABLE&quot;
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR USE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MIT does not
warrant the Site will operate in an uninterrupted or error-free manner
or that the Site is free of viruses or other harmful components. Use
of information obtained from or through this Site is at your own
risk. Your access to or download of information, materials, or data
through the Site or any reference sites is at your own discretion and
risk and that you will be solely responsible for any damage to your
property (including your computer system) or loss of data that results
from the download or use of such material or data. We may close or
limit enrollment for pedagogical or technological reasons.</p>

<p><strong>User Postings Disclaimer.</strong> You understand that when
using the Site you will be exposed to User Postings from a variety of
sources, and that MIT is not responsible for the accuracy, usefulness,
reliability, or intellectual property rights of or relating to such
User Postings. You further understand and acknowledge that you may be
exposed to User Postings that are inaccurate, offensive, defamatory,
indecent or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have
against MIT with respect thereto. MIT does not endorse any User
Postings or any opinion, recommendation or advice expressed
therein.  <i>MITx</i> has no obligation to monitor any User Postings or
any other user communications through the Site. However, <i>MITx</i> reserves
the right to review User Postings and to edit or remove, in whole or
in part, such User Postings in its sole discretion. If notified by a
User or a content owner of a User Posting that allegedly does not
conform to the TOS, MIT may investigate the allegation and determine
in its sole discretion whether to remove the User Posting, which it
reserves the right to do at any time and without notice. </p>

<p><strong>Links to Other Sites.</strong> The Site may include
hyperlinks to sites maintained or controlled by others. MIT is not
responsible for and does not routinely screen, approve, review or
endorse the contents of or use of any of the products or services that
may be offered at these sites. If you decide to access linked third
party web sites, you do so at your own risk.</p>

<strong>
<p>YOU AGREE THAT MIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO
THESE TERMS OF SERVICE, OR TO YOUR (OR ANY THIRD PARTY&#39;S) USE OR
INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE
SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH
THE SITE WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW,
EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO
THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. </p>

<p>IN PARTICULAR, MIT WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL,
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS
FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY
OF DATA).</p>
</strong>

<h2>Indemnification</h2>

<p>You agree to defend, hold harmless and indemnify MIT, and its
subsidiaries, affiliates, officers, agents, and employees from and
against any third-party claims, actions or demands arising out of,
resulting from or in any way related to your use of the Site,
including any liability or expense arising from any and all claims,
losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys&#39; fees, of every kind and nature. In
such a case, MIT will provide you with written notice of such claim,
suit or action.</p>

<h2>Miscellaneous</h2>

<p><strong>Termination Rights.</strong> You agree that MIT, in its sole
discretion, may terminate your use of the Site or your participation
in it thereof, for any reason or no reason. If you no longer desire to
participate in the Site, you may terminate your participation therein
upon notice to MIT.</p>

<p><strong>Entire Agreement.</strong> This Agreement constitutes the entire agreement
between you and MIT with respect to your use of the Site, superseding
any prior agreements between you and MIT regarding your use of the
Site. </p>

<p><strong>Waiver and Severability of TOS.</strong> The failure of MIT to exercise or
enforce any right or provision of the TOS of Site shall not constitute
a waiver of such right or provision. If any provision of the TOS 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&#39; intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.</p>

<p><strong>Choice of Law/Forum Selection.</strong>  You agree that any dispute
arising out of or relating to these Terms or any content posted to a
Site will be governed by the laws of the Commonwealth of
Massachusetts, excluding its conflicts of law provisions. You further
consent to the personal jurisdiction of and exclusive venue in the
federal and state courts located in and serving Boston, Massachusetts
as the legal forum for any such dispute.</p>

<p><strong>Effective Date:</strong> February 20, 2012</p><div>
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