Guidelines for Internet Access to Journals
This document provides publishers'
Guidelines for Institutional Subscribers regarding Internet Access to Journal
content.
For the purposes of this
document:
- Internet
Acess is defined as the viewing and use of subscribed
Journal content online via the World Wide Web.
- An Institution
includes all parts of a single organization that report to the same Chief
Academic Officer, Chief Executive Officer or Director of a not-for-profit,
agency, governmental or non-governmental organization or independent company.
(For multi-campus academic institutions, each organization listed in the Directory
of Higher Education [http://www.educause.edu/MembershipDirectory/672],
or its equivalent, is considered a separate institution. Academic law and
academic medical libraries may be part of a University only if they report
to the same CAO or CEO.)
- Authorized
Users are persons with a current, authenticated affiliation
to the subscribing Institution. This includes full- and part-time students
and employees (including faculty, staff, affiliated researchers and independent
contractors) plus other individuals who have permission to use the public
computers on the subscribing institution's campus.
- Journal:
These guidelines are applicable to each of the journal titles listed here.
(no list specified for Shemp)
Upon receipt of the Institutional subscriber's completed order and the required
subscription fee, each publisher will issue a valid account number for use in
the activation of the online Journal or Journals. By purchasing a subscription
to a Journal, the Institutional subscriber agrees to the terms of these Guidelines.
Institutional subscribers
and publishers agree to the following terms and conditions:
- SUBSCRIPTION ACCESS:
An online subscription permits unlimited simultaneous Internet Access to complete
Journal content by Authorized Users for the entire subscription term. Secure
proxy access from off campus locations is allowed.
- COPYRIGHT: Unless otherwise
noted, publishers hold the copyright on all materials published in Journals,
whether in print or electronic form, both as a compilation and as individual
articles. All Journal content is subject to "fair use" provisions of U.S.
or applicable international copyright laws [http://www.copyright.gov/title17/92chap1.html].
- AUTHORIZED USE: Authorized
users are permitted to reproduce or disseminate journal content within the
parameters of applicable copyright law. The following uses are specifically
authorized:
- Downloading: Downloading,
printing, or saving of Journal content for the purposes of research, teaching,
and/or private study by Authorized Users is permissible. Systematic downloading
(by robots or other automatic processes) is prohibited without explicit
publisher approval.
- Interlibrary Loan:
Institutional subscribers may fulfill interlibrary loan requests from
other institutions via fax or paper document delivery under CONTU (National
Commission on New Technological Uses of Copyright Works) guidelines [http://www.cni.org/docs/infopols/CONTU.html].
Redistribution of Journal content to non-authorized users in electronic
or digital form is prohibited without prior publisher approval.
- Accessibility: Institutional
subscribers may transcribe any portion of Journal content into Braille
script, enlarged type or other appropriate version in order to allow Authorized
Users with disabilities to access Journals.
- Course Packs: Institutional
subscribers may use a reasonable portion of Journal content, in printed
or digital format, in the preparation of course packs or other educational
materials for Authorized Users.
- Reprints: For permission
to reprint or copy Journal content beyond that permitted by Section 107
or 108 of the U.S. Copyright Law, contact the Copyright Clearance Center
[www.copyright.com]. The fee code for users of the Transactional Reporting
Service appears in each abstract and full text article.
- RESTRICTIONS:
- Non-authorized users:
Except as specifically provided elsewhere in these guidelines, Institutional
subscribers are prohibited from making agreements for access to Journal
content with individuals, organizations, vendors, affiliates, or partners,
who are not Authorized Users.
- Commercial redistribution:
No direct commercial re-use (e.g. downloading, posting of a file, or printing
to sell or distribute to any non-authorized user) of any Journal content
is permitted without prior, express written permission of publishers.
Permission is granted, however, to provide a limited amount of print or
electronic Journal content for purposes of regulatory approval, patent
and/or trademark applications or other legal or regulatory purposes.
- Removal of copyright
notice: Institutional subscribers agree not to remove, cover, overlay,
obscure, block, or change any copyright notices, legends, or terms of
use.
- Modification: Institutional
subscribers shall not modify or create a derivative work of any Journal
content without the prior written permission of publishers.
- AUTHENTICATION: Institutional
subscribers will make reasonable efforts to create and maintain appropriate
security measures to ensure that only Authorized Users can access subscribed
Journal content online.
- IP addresses: Institutional
subscribers affirm that all Internet Protocol ("IP") addresses provided
for use of online Journals are controlled by the Institution exclusively
for Internet Access by Authorized Users.
- Abuse: If Institutional
subscribers become aware of unauthorized access to Journals, they will
notify publishers immediately and cooperate in locating and attempting
to stop the specific individuals who are abusing the service. If the specific
abuser(s) cannot be identified or stopped, publishers have the right to
withhold, suspend, or terminate access to any or all Journal content,
without liability.
- ARCHIVING: Publishers
acknowledge that Institutional subscribers may participate in the LOCKSS system
for archiving digitized publications. To benefit from this support, Institutional
subscribers must install a LOCKSS cache at their Institution. (See
http://lockss.stanford.edu for further information.) The Institutional
subscriber may perpetually use the LOCKSS system to archive and restore Journal
content, so long as the Institutional subscriber's use is otherwise consistent
with these Guidelines. Publishers further acknowledge and agree that, in using
the LOCKSS system, Journal content may be made available to other LOCKSS system
participants who indicate a right to the subscribed Journal content.
- TECHNICAL ACCESS: Publishers
intend for Journal web sites to be available 24 hours per day, 7 days per
week. However, publishers WILL NOT BE LIABLE FOR DAMAGES OR REFUNDS SHOULD
A SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO A SITE BECOMES SLOW OR
INCOMPLETE due to system back-up procedures, Internet traffic volume, upgrades,
overload of requests to the servers, general network failures or delays, or
any other cause which may from time to time make Journal content inaccessible
to Institutional subscribers. Publishers will make reasonable efforts to notify
Institutional subscribers of any unusually extended interruptions and will
attempt to restore access to sites as soon as possible.
- WARRANTY: Publishers
affirm they have obtained any and all necessary permissions to license Journal
content, and that use of such content by Authorized Users in accordance with
these guidelines shall not infringe the copyright of any third party. While
they seek to ensure the accuracy of content posted online, publishers DO NOT
WARRANT OR GUARANTEE ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. Neither publishers nor Institutional subscribers
shall be liable for any indirect, special, incidental, punitive or consequential
damages, including but not limited to loss of data, business interruption,
or loss of profits, arising out of the use of or the inability to use the
Journal content.
- SEVERABILITY: If any
portion of these Guidelines turn out to be invalid, illegal, under dispute,
unenforceable or in conflict with the law of any jurisdiction, the rest of
the provisions shall remain applicable.
- DISPUTES: In the event
of any dispute or controversy arising out of or relating to these Guidelines,
the publisher and Institutional subscriber agree to exercise their best efforts
to resolve the dispute as soon as possible. Any dispute that cannot be resolved
by mutual agreement shall be subject to mediation or binding arbitration subject
to the jurisdiction nearest to the publisher's headquarters. Both parties
shall, without delay, continue to perform their respective obligations that
are not affected by the dispute. In no event shall a dispute arising under
the terms of these guidelines, between a participating publisher and an Institutional
subscriber, subject any other participating publisher to joint and several
liability or shared legal responsibility of any kind.