TERMS OF USE

Last Update: [January 27, 2011]

Your access to the O3 Collaboration service (O3 or Service) is subject to the terms and conditions set out herein. 

INTRODUCTION
The Ontario Research and Innovation Optical Network (ORION) has contracted with IGLOO Inc. to provide O3.

ORION and IGLOO are independent and neither entity is responsible or liable for the acts or omissions of the other.  ORION shall use commercially reasonable efforts to enforce its agreement with IGLOO but does not assume any responsibility, obligation or liability to any user for any breach, act or omission of IGLOO, another user or any third party.

In addition to the terms and conditions set out herein, your use of O3, powered by IGLOO, is subject to the terms and conditions located at http://www.igloosoftware.com/company/legal and in particular:

• Terms of Use Policy [ http://www.igloosoftware.com/company/legal/terms_of_use_policy ]
• Privacy Policy [ http://www.igloosoftware.com/company/legal/privacy_policy ]
• Anti-spam Policy [ http://www.igloosoftware.com/company/legal/antispampolicy ]
• Copyright [ http://www.igloosoftware.com/company/legal/copyright ]

ORION shall be entitled to the benefits and protections of each of the foregoing as if it was IGLOO but does not assume any of the obligations or liabilities. 

ORION reserves the right to discontinue and terminate O3, and/or to suspend the access or participation of any user, at any time and without prior notice.

You are responsible for retaining copies of any information or materials uploaded to O3 that you may require in the future.[ Per IGLOO's Terms of Use, (Section 4.5)]

USER CONDUCT/CODE OF CONDUCT AND CONTENT
In addition to the terms and conditions set out in IGLOO's Terms of Use, you agree that you will act with respect and tolerance and that all and any comments and content posted, submitted and uploaded will be respectful and civil, and not designed to offend, be malicious or attack another individual's character, be invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable.

You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

PERSONAL INFORMATION
ORION has contracted with IGLOO to provide O3, and which includes certain security functions such as user names and passwords, and the ability to control various levels of access.  Each user ultimately has the ability to decide how little or how much information to make available. 

Please note that IGLOO's obligations to protect any confidential information or personally identifiable information is limited.  IGLOO also has certain rights, but not the obligation, to monitor information uploaded, stored or transmitted using O3.

While IGLOO currently uses a data center located in Canada to host the service, IGLOO is not required to retain any information solely in Canada, including personally identifiable information, and may, at its option, store such information outside of Canada including in the United States.  Any information stored on O3 is not within the sole control of ORION, or may not be within the control of ORION, and is not subject to any ORION privacy policy. 

ORION shall not have any responsibility with respect to the protection or use of such personally identifiable information and/or confidential information, or how any other user uses information stored on the system.  ORION may use any information stored on O3 to enhance the collaborative function of O3 and/or send announcements regarding O3.

DISCLAIMER OF WARRANTIES
ORION IS OFFERING O3 ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO O3 OR OTHERWISE OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SERVICE QUALITY, ACCURACY, OR THAT THE SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, EVEN IF ORION HAS BEEN ADVISED OF SAME.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ORION SHALL NOT BE LIABLE FOR ANY ERROR IN TRANSMISSION OR FOR ANY INTERRUPTION OR TERMINATION OF SERVICE, WHETHER PARTIAL OR TOTAL, INTENTIONAL OR ACCIDENTAL, WHETHER OR NOT PRIOR NOTICE OF ANY SUCH INTERRUPTION OR TERMINATION WAS GIVEN.

LIMITATION OF LIABILITY
In no event shall ORION assume any liability to any user or any third party in respect of O3 for any special, direct, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of data, loss of computer time, business interruption, failure to realize expected savings and any other commercial or economic loss of any kind, whether arising in contract or tort (including negligence) or otherwise, including any fundamental breach, even if ORION has been advised of the possibility of any of these damages.

NOTICES
Any formal notice provided to IGLOO pursuant to the IGLOO terms and conditions should also be copied to ORION at the following address:

ORION

360 Bay Street, 7^th Floor

Toronto  ON M5H 2V6

E-Mail: [email protected]

FAX:  416-507-9862

These user terms and conditions, and/or any of the additional terms referred to in this document, may be amended from time to time without notice.  It is your responsibility to check for such changes each time you use O3.  ORION will use commercially reasonable efforts to provide registered users with notice of any changes in these O3 Terms of Use.