Define AUP and/or EULA for NERC OpenShift

[msdisme]

Define AUP and/or EULA for NERC OpenShift

[msdisme]

from: Due Date: 22-07-22 Link: https://app.asana.com/0/1201794020676107/1201802387286621 Asana Link: https://app.asana.com/0/0/1202470246475241/f Section:

[joachimweyl]

Meeting on Friday (Oct 7) with Legal.

[msdisme]

pretty close on this, fiddling with pandoc to convert it with internal links (or will recreate links)

[msdisme]

The Mass Open Cloud Alliance (MOC Alliance) has developed a production public cloud to provide domain researchers with predictable low-cost resources and facilitator support while enabling academic researchers and developers in the open source community to participate in close interactions between research, development, and production operations. Housed at the Boston University Hariri Institute for Computing and Computational Science & Engineering, the MOC Alliance is a unique collaborative effort between higher education, non-profit entities and industry (MOC Alliance Collaborators). For a full list of the MOC Alliance Collaborators, please visit here.

MASS OPEN CLOUD ALLIANCE (MOC ALLIANCE) END USER LICENSE AGREEMENT

This End User License Agreement (the “Agreement”) applies to all uses of software and services rendered by and in relation to the Mass Open Cloud Alliance (the “Services”). Each Service is provided and managed by the MOC Alliance Collaborator(s) identified here (each a “Provider”).

1. Description of the Services

The Services are a cloud-based system through which users can upload, store, download, and share content from servers maintained by the Provider. YOUR USE OF THE SERVICES CONSTITUTES AN ACCEPTANCE OF THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN. If you do not agree to all of the terms of this Agreement, you may not use the Services.

2. Intellectual Property

The Services allow you to upload, store, download, access, and share content (“User Content”). You retain ownership of any and all intellectual property rights you hold in your User Content.

By using the Service, you give the Provider a nonexclusive, worldwide, royalty-free license to host and store the User Content that you upload, store, download, access, and share, as well as a license to perform those tasks necessary to ensure continued operation of the Services.

The Provider retains all legal right, title, and interest in and to the Services, including but not limited to graphics, user interface, the scripts and software used to implement the Services, and any materials provided to you as a part of and/or in connection with the Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.

3. Code of Conduct

In exchange for your right to use the Services, you agree not to misuse the Services or to help anyone else to do so. In particular, you agree to not do any of the following with respect to the Services (unless otherwise authorized in writing by the Provider for a specified research purpose):

1) probe, scan, or test the vulnerability of any system or network;

2) breach or otherwise circumvent any security or authentication measures;

3) willfully access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been given access to;

4) willfully interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

5) access, search, or create accounts for the Services by any means other than the Provider’s publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

6) send unsolicited communications, promotions or advertisements, or spam;

7) send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

8) promote or advertise products or services without appropriate authorization;

9) circumvent quotas, including computer, networking and storage limits;

10) sell the Services unless specifically authorized to do so;

11) publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;

12) advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;

13) violate the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory, or misleading;

14) violate the privacy or infringe the rights (including those rights granted under trademark and copyright law) of others;

15) use any component, function, or other facility of the Services to store, access, transmit, or share any “personal information” of individuals (as such term is defined in Section 1 of M.G.L. c. 93H);

16) If you are a covered entity, business associate, or representative of a covered entity or business associate (as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) at 45 C.F.R. § 160.103), use any component, function, or other facility of the Services to store, access, transmit, or share any “protected health information” (as such term is defined at 45 C.F.R. § 160.103) or use the Services in any manner that would make the Provider your or any third party’s business associate;

17) access the Services from sanctioned countries, per the list kept by the Bureau of Industry and Security of the U.S. Department of Commerce; or

18) use or access the Services in any way that would make the Provider subject to the law of any jurisdiction outside of the United States requiring the Provider to take affirmative steps in order to store, access, use, transfer, or otherwise process particular User Content that includes personal information of individuals or other sensitive information legally (e.g., the EU’s General Data Protection Regulation, China’s Personal Information Protection Law, the U.S.’s HIPAA).

4. Removal of Content

The Provider assumes no liability for any content uploaded to or stored on the Services by other parties. However, the Provider reserves the right at all times to determine whether any content violates this Agreement, and may pre-screen, move, refuse, modify, and/or remove content at any time, without prior notice and in its sole discretion.

5. Copyright

You agree to refrain from any and all copyright infringement in your use of the Services. The Provider will respond to notices of copyright infringement if they comply with the law, and such notices should be reported using the Provider’s Digital Millennium Copyright Act procedures, which are available here. The Provider reserves the right to remove without notice any content that is alleged to be infringing and to terminate the accounts of repeat infringers. The designated agent for notice of alleged copyright infringement on the Services is identified here.

6. Enforcement

If you violate any of the terms of this Agreement, or if your use of the Services intentionally or unintentionally threatens the Provider’s ability to provide the Services or other systems, the Provider may immediately take any action necessary to ensure compliance with this Agreement and the protection of the Services or the Provider’s systems, up to and including termination or suspension of your access to the Services and deletion of your content.

7. Provider’s Warranties and Disclaimers

The Provider agrees to provide the Services using a reasonable level of skill and care. However, other than as expressly set out in this Agreement, the Provider makes no warranty, guarantee or promise relating to the Services. For example, and without limitation, the Provider makes no representations or commitments regarding the specific functions of the Services, or their reliability, availability, or ability to meet your needs. THE PROVIDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.

The Services may be unavailable from time to time. While the Provider’s goal is the keep the Services up and running, all online services suffer occasional disruptions and outages, and the Provider is not liable for any disruption or loss you may suffer as a result. The Provider specifically makes no warranties related to “uptime” or your ability to access content stored on the Services during any period that the Services are unavailable. As such, the Provider recommends that you regularly back up content stored on the Services to another storage medium.

TO THE EXTENT PERMITTED BY LAW, THE PROVIDER DISCLAIMS ANY AND ALL WARRANTIES NOT EXPLICITLY GRANTED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, OR NON-INFRINGEMENT.

8. Personal Data and Other Confidential Information

To the extent your use of the Services requires it, you are responsible for providing notice to, and obtaining consents from, individuals regarding the collection, processing, transfer and storage of their data through your use of the Services.

You understand and agree that you are solely responsible for any liabilities, fines and penalties arising from your failure to comply with this Section 8 and any other provision of this Agreement.

9. Telemetry Data

For the purposes of this Agreement, “telemetry data” shall mean any information related to your utilization of the Services.

You acknowledge and agree that the Services will collect and transmit telemetry data to MOC Alliance and its higher education, non-profit and industry MOC Alliance Collaborators. MOC Alliance and its MOC Alliance Collaborators may use telemetry data to operate and maintain (including to improve) the Services and for scientific research purposes.

Telemetry data will generally not include personal, identifiable information. You acknowledge that some of the telemetry data, such as IP address, MAC address and email address, may qualify as personal data identifying an individual under the laws of some jurisdictions.

Requests by third parties other than Provider and MOC Alliance Collaborators to access telemetry data for any purpose must be reviewed and approved by the MOC Alliance Data Governance Committee. MOC Alliance may also post and make broadly available some telemetry data in an anonymized manner on the Internet.

10. Limitation of Liability

The Provider will use reasonable security measures to protect content stored on the Services. However, the Provider makes no guarantees that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Provider disclaims any liability relating thereto.

AS PERMITTED BY LAW, THE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES CAUSED BY OR IN ANY WAY ATTRIBUTABLE TO USE OF THE SERVICES. FOR THE SAKE OF CLARITY, THE PROVIDER WILL NOT BE RESPONSIBLE FOR THE LOSS OR BREACH OF YOUR USER CONTENT.

11. Provider’s Right to Update Services

The Provider reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Any material modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, the Provider will have the right to terminate this Agreement pursuant to Section 12.

12. Termination of the Agreement

This Agreement may be terminated by you at any time by discontinuing your use of the Service and deleting your User Content or by written notice to the Provider’s technical/support contact listed here. In such an event, the Provider may immediately terminate your account, but it may take up to 10 business days to do so. You should ensure prior to termination that you have transferred all data stored on the Services to another storage medium.

This Agreement may be terminated by the Provider for any reason upon 48 hours’ notice to you. In such an event, you will be afforded a reasonable opportunity to retrieve your User Content from the Services. If your account access has been suspended pursuant to Section 6, you may request to retrieve your User Content from the Services by emailing Provider’s technical/support contact listed here. The Provider will take reasonable steps to arrange for you to retrieve such content, provided retrieval does not require an unreasonable amount of Provider’s time or resources and that the content is not illegal; is not unlawfully pornographic or indecent; does not depict extreme acts of violence; does not advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment; and does not violate the privacy or infringe the rights of others). Any such retrieval shall be at your own expense.

13. Severability

If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

14. Governing Law

This Agreement, and the interpretation, construction and enforceability hereof, and all rights and obligations of both you and the Provider, whether arising under this Agreement or otherwise, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflict of laws. The sole and exclusive jurisdiction and venue for resolution of any disputes under this Agreement shall be in the state and federal courts located in Boston, Massachusetts, and you hereby submit to, and waive objection to, the jurisdiction and venue of such courts.

Information to be provided at link :

Resource Service	Resource Service Manager	Resource Host Owner	Copyright Infringement Contact	Technical Support Contact	General Contact	Link to Relevant Policies
NERC	Trustees of Boston University and President and Fellows of Harvard College	Trustees of Boston University and President and Fellows of Harvard College	Eric Jacobsen Boston University 111 Cummington Mall Boston, MA 02215 email: dmca at bu.edu http://www.bu.edu/tech/services/security/cyber-security/dmca/copyright/ And Tracy Walden Harvard University Information Technology 784 Memorial Drive Cambridge, MA 02139 email:dmca@harvard.edu https://dmca.harvard.edu	Contact the NERC Help Desk for assistance or email us .	Contact the NERC Help Desk for assistance or email us.	https://www.bu.edu/policies/conditions-of-use-policy-computing-ethics/ https://docs.rc.fas.harvard.edu/kb/category/policy/
NESE	President and Fellows of Harvard College	Tracy Walden Harvard University Information Technology 784 Memorial Drive Cambridge, MA 02139 email:dmca@harvard.edu https://dmca.harvard.edu and Eric Jacobsen Boston University 111 Cummington Mall Boston, MA 02215 email: dmca at bu.edu http://www.bu.edu/tech/services/security/cyber-security/dmca/copyright/	help@nese.mghpcc.org	help@nese.mghpcc.org

[msdisme]

@culbertj, @knikolla not sure where this belongs for coldfront/NERC. Original without commments removed lives here: https://bushare-my.sharepoint.com/:w:/g/personal/msd_bu_edu/Eb5cEtBXhg1Htp1K_YWpEykBIZWrgbvKqLoAn40vl-Uwaw?e=YgXBXQ Also, just spotted some glitchy text and missig text in table - pandoc is not perfect.

fixed glitchy and missing text.

[msdisme]

Set 4 weeks for deletion requets - @Milstein is that too long (was trying to adress a request hitting just before a school break.

[msdisme]

This is the repo for EULAs https://github.com/nerc-project/nerc-eulas

nerc-project/nerc-eulas End User License Agreements for the NERC Project Last updated 2 months ago Added by GitHub

10:03 AM EULA for each service is stored on a different branch

[msdisme]

2 changes - change delete account to terminate your account. Also number of "business days" - call it 10 business days.

[msdisme]

@syockel@g.harvard.edu - for NESE should we remove BU DMCA contacts?

[joachimweyl]

There is a PR for this here.