You understand that, while the Boston Housing Authority ("BHA") controls all information, products or services posted to the Website, except for information, products or services clearly identified as not being supplied by the BHA, the BHA does not operate, control or endorse any information,
products or services on the Internet in any way. Except for BHA information, products or services, all information, products and services
offered through the Website or on the Internet generally are offered by third parties that are not affiliated with the BHA. You also understand that the BHA cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Website and the Internet. The BHA does not make any express or implied warranties,
representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to your use of, or reliance on the Website, any merchandise, information or service
provided through the Website or on the Internet generally, and the BHA shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website or on the Internet generally. The BHA does not warrant that the Website will be uninterrupted or error-free, or that defects in the Website will be
corrected. The Website and any software made available on the Website are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials, some of which may be offensive to you. You access such materials at your risk. The BHA has no control over and accepts no responsibility whatsoever for such materials.
In no event will the BHA be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of
profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the Website, or any information, or transactions provided on the Website or downloaded or hyperlinked from the Website, even if the BHA or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Website and/or materials or information downloaded through, or
hyperlinked from, the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the BHA's liability is limited to the extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless the BHA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Operating Policies
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by the BHA. The BHA cannot and does not screen content provided by users of the Website. Notwithstanding the foregoing, the BHA reserves the right to monitor content on the Website and to remove content which the BHA, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Website and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
i) Unless you are participating in an area of the Website that requires or encourages anonymity, use your real name in online communications.
ii) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
iii) You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
iv) You may not interfere with others using the Website.
v) You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
vi)You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Website's intent to
discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, BHA reserves the right to take such action as it deems appropriate in cases where the Website is used to
disseminate statements which are deeply and widely offensive and/or harmful.
vii) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Website for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not post or transmit any materials for any personal political activity in support of particular candidates or causes.
viii) You may not post or list articles that are off-topic according to the description of the group or list or send unsolicited mass emailings.
ix) You may not use the facilities and capabilities of the Website to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.
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