Last updated: July 1, 2022 Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://haiku.institute website (the “Service”) operated by HAIKU INSTITUTE (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Arbitration of All Disputes

All disagreements shall be resolved by binding arbitration under the provisions of the U. S. Federal Arbitration Act (9 USC §1, et seq.) with each Party appointing an arbitrator who shall jointly appoint a third.  The parties shall bear their own costs and expenses including attorney fees.  All site users hereby specifically waive any and all rights you may have under any foreign law and specifically agree that for all purposes hereunder jurisdiction is in the United States and venue is in Cheyenne County, Wyoming.  Awards, if any, by the panel of arbitrators shall be exclusively for monetary damages and no award may be made for torts of any type. All matters shall be conducted over the internet including ZOOM (or similar) hearings and document exchanges using DropBox as a repository at the cost of the party employing it.  The sole use of any court shall be limited to bringing an injunction in a court of law to stop any disclosure of Confidential Information or to compel arbitration prior to the appointment of an arbitrator, or afterwards with notice to the arbitrator.  No other court action is permissible saving enforcement of an arbitral award if such is obtained.

Disclaimer of Warranty/Limitation of Liability

This site and any information, products or services associated with this site is provided on an “as is” basis, without warranty of any kind, either express or implied, including (without limitation) the implied warranties of merchantability, fitness for use for a particular purpose, or noninfringement. Haiku Institute does not warrant, and hereby disclaims any warranties, either express or implied, the accuracy or completeness of any aspect of this website, information obtained from this site, or in regard to a link to another site.  Haiku Institute does not warrant that this website will operate in an error-free or uninterrupted manner, or that this site is free of viruses or other electronic risks of harm or damage. Use of this site and of information obtained through this site is fully at your own risk. You agree that Haiku Institute will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or to your (or any third party’s) use or inability to use this site, or to your placement of content on this site, or to your reliance upon information obtained from or through this site. In particular, Haiku Institute will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in the availability of data), arising out of or relating to these terms, your use of or inability to use this site, any purchases on this site, your placement of content on this site, or to your reliance upon information obtained from or through this site, whether based in contract, tort, statutory or other law (except in the case of death or personal injury where and only to the extent that applicable law requires such liability). Haiku Institute makes no representation regarding your ability to transmit and receive information from or through this website and you agree and acknowledge that your ability to access this site may be impaired. Haiku Institute disclaims any and all liability resulting from or related to such events. Users specifically acknowledge that Haiku Institute is not liable for the defamatory, offensive, or illegal conduct of other users or third parties, and that the risk of injury from the foregoing rests entirely with the user. The sole remedy for dissatisfaction with this website, site-related services, and content or information contained within this site is for the user to stop using this site and these services.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of HAIKU INSTITUTE and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by HAIKU INSTITUTE. HAIKU INSTITUTE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HAIKU INSTITUTE 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 services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Application of TOS

These Terms of Service (TOD) shall apply to all users of this site whether affiliated with HI or not, and to all use of this resource whether on site or from remote locations. By using and participating in this website, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit this site. Haiku Institute reserves the right to modify these terms at any time; by continuing to access this website after the posting of changes to these terms, you signify your acceptance and agreement to be bound by them as further clarified in this TOS document.

Acceptable Use

In consideration for your agreement to the terms and conditions contained herein, Haiku Institute grants you permission to access and use this website.  HI’s computing resources are provided to support the instructional, research and administrative activities of the HI. Resources should not be used for personal or private activities not related to appropriate HI functions.

Limitations on Use

Access to Haiku Institute’s computing resources is a privilege. HI may revoke this privilege without notice and/or take other disciplinary action against any individual who fails to comply with these terms. Activities which violate these terms include, but are not limited to, the activities on the following list:

1. Any use that violates local, state or federal law
2. Any use that violates any policy, procedure or rule contained in Haiku Institute’s website
3. Using HI’s network to gain unauthorized access to any computer system
4. Connecting unauthorized equipment to HI’s network or network component
5. Attempting to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data.
6. Performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks
7. Running or installing on any computer or network a program intended to damage, interfere with, or place excessive load on the computer system or network. This includes, but is not limited to, computer viruses, Trojan Horses, and worms.
8. Violating terms of applicable software licensing agreements or copyright laws
9. Violating copyright laws and their fair use provisions through inappropriate reproduction of copyrighted text, images, etc.
10. Using HI resources for any commercial activity or personal financial gain other than specifically permitted activity such as drafting haiku.
11. Using electronic mail to harass or threaten others. This includes sending repeated, unwanted e-mail to others. The term “others” is not restricted to Haiku Institute subscribers, poets or patrons, but also includes persons not registered at, affiliated with or employed by HI.
12. Initiating or propagating electronic chain letters
13. Initiating mass mailings. This includes multiple mailings to news groups, mailing lists, or individuals, e.g. spamming, flooding, or bombing.
14.  Forging the identity of another person or machine in an electronic communication
15. Transmitting or reproducing materials that are defamatory in nature, or that otherwise violate existing local, state or federal laws or public policies, rules or regulations
16. Creating an intimidating, hostile or offensive educational environment by displaying images or text where it can be viewed by others with the intent, or having the effect of unreasonably interfering with another’s educational or work performance. HI computing facilities may not be used as instruments for harassment based on race, color, gender, disability, religion, national origin, sexual orientation or age
17. Attempting to monitor or tamper with another’s electronic communications, or reading, copying, changing or deleting another’s files or software without the explicit agreement of the owner
18. Disclosing your password to another person or permitting another person to use your account
19. Using the Haiku Institute name, logo, trademarks, patented proceses or copyrights in a way that suggests or implies HI authorization or endorsement.

Sanctions                 

Haiku Institute may, immediately and in its sole discretion, suspend or modify, without notice, network access for actual or suspected violations of these terms. Possible actions include halting a program running on HI equipment; disconnecting remote systems from the network; removing offending files from the system or rendering them inaccessible; and disabling user accounts. Violations of these terms may result in the loss of computing privileges, administrative disciplinary action, and/or referral to Arbitration. Activity which is illegal under local, state or federal law also will be referred to the appropriate law enforcement authorities.

Trademarks

The logo, names and all graphics on this website are trademarks of Haiku Institute. Use, reproduction, copying or redistribution of trademarks without the written permission of Haiku Institute is prohibited. All other trademarks or servicemarks appearing on this website are the marks of their respective owners.

Content Filtering/Control Provision

In accordance with 47 U.S.C. section 230(d), Haiku Institute is here notifying you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that could be harmful to minors.

Privacy and Confidentiality

HI reserves the right to inspect, examine, or monitor any HI-owned or operated communication system, computing resource and/or information contained therein at any time. Haiku Institute does not routinely screen or monitor content posted by users to this website, but HI reserves the right to remove content which violates any of these terms of which it becomes aware, but is under no obligation to do so. Users acknowledge and agree that Haiku Institute has the right, but not the obligation or responsibility, to monitor this website and site-related services, and to disclose any information to any third party in order to operate this site properly; to protect itself, its sponsors and users of this website; to comply with legal obligations or government requests; or to respond to any circumstance that Haiku Institute deems to be an emergency. HI reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable or in violation of these terms, in the sole determination of Haiku Institute. In cases of suspected violations of Haiku Institute policies or these terms, especially unauthorized access to computing systems, the system administrator may take such measures as are necessary including authorizing detailed session logging. This may involve capturing and retaining a complete keystroke log of an entire session. In addition, the system administrator may authorize limited searching of user files on individual or networked computers to gather evidence on a suspected violation. If inspection or examination of any HI-owned or operated communication system, computing resource and/or file or information contained therein is requested by a source outside HI, HI will treat the information as confidential unless any one of the following conditions exists:

• When authorized by the owner of the information
• When required by local, state, or federal law
• When required by a valid subpoena or court order
• When authorized by Hokkusan or Hokkusan’s designate

Disclaimer

HI attempts to maintain an error-free hardware and software environment for its students and to ensure that computing staff is properly trained. Nevertheless, it is impossible to ensure that hardware or system software errors will not occur, or that staff will always give correct advice. HI presents no warranty, either express or implied, for the services provided. Damages or loss resulting directly or indirectly from the use of these resources are the sole responsibility of the user. As part of the services available through the Haiku Institute network, a large number of lists, newsgroups and other Internet information sources can be accessed. These materials are not affiliated with, endorsed by, edited by, or reviewed by HI, and HI takes no responsibility for the truth or accuracy of the content found within these information sources. Moreover, some of these sources may contain material that is offensive or objectionable to some users. Users assume total responsibility and risk for their use of this website and site-related services.

Indemnification

You agree to indemnify and hold Haiku Institute harmless from any and all claims, losses, damages, or other expenses, including legal fees, resulting directly or indirectly from your own use and your violation of these Terms of Use, your use of the website, or your placement of any content onto the website, and to fully cooperate in Haiku Institute’s defense against any such claims.

Further Terms

In the event that any of the foregoing terms shall be held by a court of competent jurisdiction to be unenforceable, such terms or provisions shall be limited or eliminated to the minimum extent necessary so that the body of these Terms of Use shall otherwise remain in full force and effect and be thereby enforceable. These Terms of Use comprise the full set of terms governing the use of this website, and any and all other terms, written or oral, are hereby expressly canceled.  No waiver by Haiku Institute of any breach or default of these terms shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption, or paragraph title contained in these terms is inserted only as a matter of convenience and in no way defines, explains or limits any paragraph or provision herein.

Contact Us

If you have any questions about these Terms, please use our online mail form to contact us.