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Non Nav Pages > Policies > Terms Of Use Agreement Terms Of Use Agreement

Welcome. Thank you for visiting the IN.gov Web portal (the "Portal"). As is true for many other Web sites, this Web portal has rules that apply to your use of this Portal and any services available through this Portal. Those rules, referred to as "terms of use," are set forth in this Terms of Use Agreement. By using this Portal, you are agreeing to comply with and be bound by the following terms of use. Please review them carefully. If you do not agree with any of these terms of use, please do not use this Portal.

Who Owns This Portal?
The Portal is developed and maintained by Indiana Interactive, Inc., under contract with the Department of Administration, on behalf of the Indiana state agencies appearing on the Portal and state government administration. Each agency is responsible for its respective Web site, public records, information and services provided through the Department of Administration's IN.gov service contract. For more information, please see About.IN.gov.

Right to Change the Portal
aI may discontinue, edit, delete or change any aspect of the Portal, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user's right to use the Portal, at aI's sole discretion and without prior notice or liability.

Entire Agreement
You agree that this Terms of Use Agreement ("Agreement") constitutes the entire agreement between you and aI with respect to your use of the Portal, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between aI and you with respect to the Portal. aI offers a subscription package and certain online services, which are governed by other terms and conditions described in other instruments. For subscription information, click here. For a list of online services, click here. aI may post certain additional terms or conditions in close proximity to a particular portion of the Portal, which shall also apply to your use of that portion of the Portal. aI may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Portal, and you should periodically check this Agreement for changes. Your continued use of the Portal shall be deemed your acceptance of any such changes.

Trademarks
IN.gov, the IN.gov logo, and other names for IN.gov products and services are trademarks/service marks of the Department of Administration. Other product and company names mentioned on the Portal may be trademarks/service marks of their respective owners.

Copyrights
The content organization, graphics, design, compilation and other materials on or related to the Portal are protected under applicable copyright, trademark and other proprietary and intellectual property rights. In most cases, the content is owned by the state agency choosing to make its information available through the aI service. The copying, redistribution, use or publication by you of any such materials or any part of the Portal, except as allowed for in the Limited Right to Use section below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Portal. The posting of information or materials on the Portal does not constitute a waiver of any right in such information and materials.

Limited Right to Use
Except as may otherwise be allowed by law (including but not limited to the Indiana Access to Public Records Law), the viewing, printing, or downloading of any content, graphic, form, or document from the Portal grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. aI may revoke this license at any time

Prohibited Behavior
You are prohibited from using the Portal in any way to do any of the following:

  • restrict or inhibit any other user from using and enjoying the Portal;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms, or trojan horses;
  • access another person's or entity's materials, information, or files without the permission of that person or entity;
  • post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder;
  • post or transmit any information, software, or other material which contains a virus or other harmful component;
  • post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
  • post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;
  • solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
  • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
  • use the Portal to collect personally identifying information about users of the Portal in violation of aI's Privacy Policy; or perform any activities that aI determines (in its sole discretion) may be harmful to aI, the Portal, or other users of the Portal.

No Unlawful Purposes
You agree that you will not use the Portal or any information or services related thereto for any unlawful purpose. aI, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring
You understand that aI has no obligation to monitor the Portal. However, aI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in aI's sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that aI reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Portal, for operational and other purposes, subject to aI's Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with aI's Privacy Policy. Use of the Portal constitutes consent to such monitoring.

Submissions
aI is pleased to hear from users and welcomes your comments regarding aI's programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to aI ("Submissions"), they shall be deemed, and shall remain, the property of aI, and shall otherwise be subject to the provisions of the Trademarks section above. None of the Submissions shall be subject to any obligation of confidence on the part of aI, and aI shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, aI shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party Sites
aI has provided links and pointers to Web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party items or materials on this Portal. Any mention on this Portal of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by aI. aI assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through this Portal are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY aI, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS aI LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification
You agree to defend, indemnify, and hold harmless aI, the Department of Administration, the State of Indiana, their affiliates and their respective commissioners, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Portal; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Portal, including information obtained through the Portal.

Minors
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Portal, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Portal; and (c) the consequences of any use of the Portal by such Minor.

Infringement Policy
aI respects the intellectual property of others, and asks you to do the same. aI reserves the right, but not the obligation, to terminate your use of the Portal if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

  • aI has implemented procedures for receiving written notification of claimed infringements and for processing such claims.
  • In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right should be sent to aI's designated agent, listed above, and must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Web site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
  • Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
  • aI reserves the right to accommodate and otherwise not interfere with standard technical measures used by copyright owners to protect their materials.

Export Control Information

  • Unless otherwise specified, the materials on this Portal are presented solely to provide information regarding and to promote aI's Services and other products available in the State of Indiana, United States of America. This Portal is controlled and operated by aI from its offices within the State of Indiana. aI makes no representation that materials on this Portal are appropriate or available for use outside the United States. Those who choose to access this Portal from outside the United States do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.
  • Any software downloadable from this Portal is further subject to United States export controls. No software from this Portal may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Portal, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous
This Agreement shall be treated as though it were executed and performed in Indianapolis, Indiana, and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the Portal (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Marion County, Indiana. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Portal is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. aI's delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.