Date of Last Revision: November 2015
Note: If you are a student, employee or faculty member of APUS, your use of the Online Services is also subject to other APUS policies, which may include faculty, student, or employee handbooks or codes of conduct or other applicable APUS policies.
Scope of Use
The Online Services provide users with access to certain content and services we make available, including information about our course offerings, interactive features, online educational opportunities, business, news, and other related topics that may be customized based on the user’s expressed interests, likes and dislikes.
By accessing the Online Services, you agree to abide by all security and safety measures established by APUS or its partners or service providers.
Software in the Online Services
Information, News, and Press Releases
The Online Services may contain information, news, and/or press releases about us or others, including cross-references to others’ products or services. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Moreover, any opinions, advice, statements, comments, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of APUS. Any description or reference to non-APUS products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by APUS.
Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and APUS, you must adhere to APUS’s linking policy as follows: (a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with APUS’s name or any APUS trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with APUS, and (c) when selected by a user, the link must display the Online Services on full-screen and not within a “frame” on the linking site.
Rules of Conduct
(a) use the Online Services or Interactive Features for illegal purposes, in violation of any applicable laws or regulations;
(b) copy, sell, resell, or exploit for commercial purposes any portion of the Online Services or Interactive Features;
(c) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Online Services or Interactive Features, Website pages, content, or user information, except as expressly permitted by APUS;
(d) intentionally manipulate identifiers, use another’s identification or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
(e) transmit or distribute viruses or other malicious code;
(f) collect user names and contact information and/or send unsolicited commercial communications (spam);
(g) take any action that imposes an unreasonable or disproportionally large load on the Online Services’ infrastructure or interferes with the proper working of the Online Services or Interactive Features;
(h) post content or take any action using the Online Services that infringes or violates someone else’s rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law, including without limitation selling, purchasing, or otherwise disseminating, without the individual’s prior written consent, an individual’s content, such as syllabi, exams and other course materials, to any website for commercial purposes;
(i) attempt to decompile, decipher or reverse engineer any of the software used by us as part of the Online Services or Interactive Features;
(j) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by us;
(k) post any classified or sensitive information, which means that users, to the extent applicable, should also be mindful of Operational Security (OPSEC) when posting about units, organizations, and/or operations;
(l) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of the Online Services, including you, is responsible for the User Content that the user transmits to the Interactive Features, and the consequences of its use or submission.
Violations; Termination of Usage
By transmitting User Content on or through the Online Services or Interactive Features and subject to any other applicable policies, you grant APUS a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content in connection with the Online Services and APUS’s business, and you waive any and all moral rights and publicity rights in such User Content. You agree that this license includes the right for other users of the Online Services or Interactive Features to access and use your User Content, subject to our terms and conditions regarding such use and the right for APUS to allow its third party business partners to use your User Content.
All trademarks, service marks and logos on the Online Services or Interactive Features are the property of their respective owners. Unauthorized use of any APUS (or of any third-party) trademark, service mark, or logo may violate APUS’s or a third party’s legal rights. You must obtain our written permission prior to using any trademark or service mark of APUS.
APUS and its licensors own all intellectual property rights in the Online Services and Interactive Features, including designs, text, graphics, pictures, information, content, software, and other files, and their selection and arrangement (collectively, the “Materials”), except for certain third party content on the Online Services and as otherwise expressly indicated. The Online Services, Interactive Features and all Materials therein are protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
Digital Millennium Copyright Act (DMCA) Policy
We respect the intellectual property rights of others. If you believe that any User Content or other content available through the Online Services or Interactive Features infringes your copyright, please provide us with the following information: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Online Services is:
Vice President, Legal Affairs
American Public University System, Inc.
111 West Congress Street
Charles Town, WV 25414
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (1) through (6) above, we will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on one of our Online Services. No personal user information is shared with the copyright owner unless required by law.
If we receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” APUS reserves the right to terminate the accounts of “repeat copyright infringers.”
DMCA Counter-Claim Procedure
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated copyright agent. You must provide us with the following information: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, we will provide the complaining party with a copy of the DMCA Counter-Claim. When we receive a Counter-Claim that meets the requirements of the DMCA, we will process the Counter-Claim in accordance with the requirements of the DMCA.
We welcome and encourage any suggestions, ideas, comments or other feedback you provide us regarding the Online Services (“Feedback”). You acknowledge that any Feedback shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback in any of its products and services. You hereby assign to APUS all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
Registration-Related Account Security
THE ONLINE SERVICES INTERACTIVE FEATURES, AND THE MATERIALS (INCLUDING ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE ONLINE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. APUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE ONLINE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APUS SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. APUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
Limitation of Liability
YOUR USE OF THE ONLINE SERVICES, INTERACTIVE FEATURES AND THE MATERIALS IS AT YOUR SOLE RISK. APUS SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE ONLINE SERVICES, INTERACTIVE FEATURES AND THE MATERIALS, EVEN IF APUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APUS’S AGGREGATE LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, APUS’s liability will be limited to the fullest extent permitted by applicable law.
Compliance with Laws
Information available through the Online Services (and Interactive Features) is not intended for distribution to, or use by, any non-U.S. military personnel or entity in any foreign jurisdiction or country where such distribution or use would be contrary to law or regulation. APUS makes no representation that the information available through the Online Services is appropriate or available for use in other non-U.S. locations, and access to the Online Services from any such locations where the content of the Online Services offered herein may be illegal is prohibited. Those who choose to access the Online Services from other non-U.S. locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.