Welcome to the Anita Borg Institute for Women and Technology Inc. (“ABI”) web sites (the “Sites”). The Sites include anitaborg.org, systers.org, gracehopper.org, and any other web sites or services available through such sites owned or operated by ABI. Please review the following terms and conditions concerning your use of the Sites. By accessing, using or downloading any information and/or materials from the Sites, you represent that you are at least 13 years of age and agree to follow and be bound by these terms of use (the “Terms of Use”). If you do not agree with these Terms of Use, please do not use the Sites.

These Terms of Use may be updated by ABI from time to time without notice to you. In addition, when using particular ABI services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by reference into these Terms of Use. ABI may also offer other services that are governed by different Terms of Service. Certain additional terms governing the systers.org site (“Systers Site”) are set forth below and on the Systers Site, including the Systers FAQs.

Privacy Policy

Your use of the Sites is subject to ABI’s Privacy Policy, which contains disclosures relating to the collection and use of your personal information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by ABI and its affiliates.

Registration

By using the Sites, you represent that you are at least 13 years of age. Where the Sites enable you to register for particular service offerings, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”) and (b) we ask that you endeavor maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ABI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABI, its employees or designees shall have has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). Without limiting the foregoing, ABI and its designees reserve the right to remove you or other User Content from the Systers Lists for any reason it deems necessary, including but not limited to, the posting information that is off topic, the sharing information outside of the Systers Lists, or any other act in violation of the Systers FAQs.

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the passwords and accounts, and are fully responsible for all activities that occur under your passwords or accounts. You agree to (a) immediately notify ABI of any unauthorized use of your passwords or accounts or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ABI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

The Systers Site provides one or more email forums or listservs for members (“Systers Lists”). A password protected account is provided for subscribers of the Systers Site to access this forum. If the password is no longer secure, the subscriber will find instructions for changing her password at http://www.systers.org/faq.html

Use of the Sites

The Sites are intended to create a friendly environment for you to express your thoughts and learn from others, and in order to maintain this objective Your right to use and access these Sites is limited to your personal, non-commercial, viewing purposes. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Except for User Content, all information, data, text, photographs, graphics, video, messages or other materials available or accessible on the Sites (“ABI Content”) are owned by ABI or its licensors. You may download one copy of the ABI Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right to any ABI Content.

User Content

Where the Sites enable you to submit or post content, You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not ABI, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Sites. ABI does not control and is not responsible the User Content posted via the Sites. Under no circumstances will ABI be liable in any way for any User Content. Children under the age of 13 are not authorized to submit User Content.

ABI does not claim ownership of User Content you submit to ABI or make available for inclusion on the Sites. By providing such User Content to ABI, you hereby grant and agree that ABI shall have a non-exclusive, transferable, royalty free, fully-paid up, irrevocable, perpetual, worldwide right and license to copy, use, make derivative words of, display, distribute any otherwise exploit all User Content and all intellectual property rights therein. ABI shall be free to use and/or disseminate such User Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the User Content that you provide, and that you, not ABI, have full responsibility for the Submissions, including their legality and copyright. Notwithstanding the foregoing, User Content submitted by members through the Systers Site and Systers Lists for purposes of participating in the email forums are made available by ABI solely through such listservs to other Systers members, and to the moderators and maintainers of the lists and ABIWT personnel and are subject to any additional rules and guidelines set forth on the Systers Site. You acknowledge that ABI may or may not pre-screen User Content, but that ABI and its designees shall have the right (but not the obligation) in their sole discretion to pre- screen, refuse, or delete any User Content. Without limiting the foregoing, ABI and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You acknowledge, consent and agree that ABI may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests; or (e) protect the rights, property, or personal safety of ABI, its users and the public.

Act

It is ABI’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to ABI’s DMCA Notification Guidelines [http://anitaborg.org/files/ABI_DMCA_Guidelines.pdf]. ABI will promptly terminate without notice your access to the Sites if you are determined by ABI to be a “repeat infringer.” A repeat infringer is a user who has been notified by ABI of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Sites more than twice.

Acceptable Use

You will not engage in activities on the Sites and on the services available through the Sites, including the Systers Site and Systers Lists, and specifically you will not submit User Content, that:

i. infringes any party’s copyright, trademark, trade secret or other intellectual property or proprietary rights (and by submitting User Content you represent to ABI that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);

ii. constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for ABI to lose (in whole or in part) the services of our ISPs or other suppliers;

iii. is content that ABI considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;

iv. impersonates or claims the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;

v. is for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including “spam” or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth herein;

vi. contains any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Sites in any way; or

vii. is defamatory, obscene or unlawful, or an invasion of privacy or publicity rights or any other third party rights.

MODIFICATION AND TERMINATION OF SITES

ABI reserves the right at any time to modify or discontinue, temporarily or permanently, the Sites (or any part of it) with or without notice. You agree that ABI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites. ABI may also make improvements and/or changes in the products, services and/or the programs described in these Sites at any time without notice. However, ABI disclaims any responsibility to update, improve or change these Sites.

OTHER SITES AND RESOURCES

The Sites may include links to other Sites and resources. Because the ABI has no control over such sites and resources, you acknowledge and agree that the ABI is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the ABI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sites available on or through any such site or resource.

INTERNATIONAL USE

By choosing to access the Sites from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The ABI makes no representation that materials on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THIS SITES IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (b) THE ABI MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITES IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY BY THE ABI.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABI OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (iv) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL ABI.S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold ABI, and its affiliates, and their respective directors, officers, volunteers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our site, your violation of the Terms of Use, or your violation of any rights of another person or entity, or any claim alleging any of the foregoing.

NOTICES

Notices to you may be made via either email or regular mail. ABI may also provide notices of changes to this Terms of Use or the Sites by displaying notices or links to notices to you generally on the Sites.

GENERAL

This Terms of Use constitutes the entire agreement between you and ABI with respect to the Sites and supersedes all prior agreements and understandings between you and ABI. ABI’s failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. This Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Terms of Use shall be brought in a court in Santa Clara County, California.