Welcome to the
Massachusetts Department of Environmental Protection’s (“DEP,” “We,” “Us,”
“Our”) web site (“site”). This Terms and Conditions of Use Agreement (“TCU” or
“Agreement”) is made by and between Us and You, the user of this site. Use of
this site is provided to You subject to this Agreement, which may be updated
from time-to-time at Our sole discretion. You hereby agree as follows:
1. License. Subject to the terms and conditions set forth in this Agreement, We agree to provide You with access and use of Our site. There is no fee paid by You for access. Your access to the site is provided pursuant to a free and non-exclusive license provided by Us.
2. Accessibility. You understand and agree that the site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us.
3. Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the site, all hardware, software, electrical, and other physical requirements for Your use of Our site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the site.
4. No Interference. You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the content or user information contained on Our site without Our express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our site.
5. Linking and Framing. You agree not to bypass the home page of Our site and “deep-link” to any other websites or frame Our content within another website or other medium without Our express written permission. Our site may also provide links to other web sites. These links are not intended to imply sponsorship, affiliation, or endorsement. We do not exercise any control over these other sites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other sites, any transmissions initiated by or between You and the other site, any of the content posted on the other site, or your reliance upon such content.
6. Unacceptable Uses. You are solely responsible for any and all acts and omissions that occur while You use this site, and You agree not to engage in unacceptable use of the site, which includes, but is not limited to, use of the site to: (a) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as “spam”); (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) impersonate any person or entity, including, but not limited to, a DEP employee or agent; (f) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (g) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the site or any other computer network; (h) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (i) harm minors in any way; (j) solicit personal information from anyone under eighteen (18) years of age; (k) solicit confidential information; (l) interfere with or disrupt the site or the servers or network connected to provide service to the site; (m) provide instructional information about illegal or unlawful activities; (n) “stalk” or otherwise harass another person; (o) intentionally or unintentionally violate any applicable local, state, national or international law; and/or (p) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this site or in conflict with the spirit or intent of this Agreement.
8. Representations and Warranties. You represent and warrant the following: (i) You are over eighteen (18) years of age; (ii) You have the right, power, and authority to enter into and perform this Agreement; (iii) You will not use Our service or website for any unacceptable uses, as partially listed in Section Six (6); (iv) You will not use Our website or service to violate any federal, state, and/or local law; and (v) You will only use Our site or service to transmit and disseminate information related to DEP business.
You agree to protect the password associated with your eDEP account. Do not reveal your password to others. Do not leave the password in plain sight. If your password security is compromised, you must inform DEP to deactivate the account. You are responsible for the information submitted using your password. Remember that there may be significant penalties for submitting false information, including possible fines and imprisonment.
9. Disclaimer of Warranties. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA, OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; AND (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR USE OF THIS WEB SITE AND SERVICE.
12. Modification and Amendment. We have the right, at any time and without notice, to add or modify the terms of this Agreement. Your access to or use of the site after the date such amended terms are added shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
13. Notice. We reserve the right to provide You with notice as We deem necessary relating to Your use of this site, this Agreement, or any breach thereof. In this instance, notice shall deemed to be delivered to Your e-mail address as supplied by You during the Registration Process.