OCHE Secure Mail Terms of Service

ACCEPTANCE OF TERMS

The Office of Commissioner of Higher Education (OCHE) Secure Mail service (referred to as the “Service”) is provided to you (the “User”) exclusively under the following terms of service for OCHE business.

DESCRIPTION OF SERVICE

The Service is provided to enable individuals to send encrypted messages using OCHE Secure Mail proprietary technology. You understand that the service is provided “as-is” and that OCHE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications. You are responsible for obtaining access to the service and that access is maintained through your selection of an appropriate password that you remember and keep confidential.

Messages that are sent or received via the Service are retained for a period 20 days and are then permanently removed from the system.

REGISTRATION OBLIGATIONS

In consideration for your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. For the safety and privacy of all Users, minors under the age of 13 may not register for or use the Service.

REGISTRATION ID, PASSWORD AND SECURITY

Your registration identity will be your email address. At the time of registration, you will establish your own password. You are responsible for maintaining the confidentiality of the password and are fully responsible for activities that occur under your password and personal e-mail account.

When you register, you have the opportunity to specify a Personal Security Phrase (the "pass phrase"). The Passphrase is displayed to indicate that you are connected to the OCHE Secure Mail service and NOT a phishing site. The pass phrase is also displayed during the password reset and identity verification processes. You may change your pass phrase at any time through the user profile page.

You are responsible for maintaining the confidentiality of the password and pass phrase, and are fully responsible for all activities that occur under your password and Registration ID.

You agree to (a) immediately notify OCHE of any unauthorized use of your password or Registration ID or any other breach of security, and (b) ensure that you exit the service at the end of each session. The Montana University System will not be liable for any loss or damage arising from your failure to comply with this section.

REGISTRANT CONDUCT

You understand that you are solely responsible for the content you send via the Service. Under no circumstances will OCHE be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service.

You agree to not use the Service to:

  1. transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information earned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
  7. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  8. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  9. "stalk" or otherwise harass another person or entity.

You acknowledge, consent and agree that the Montana University System may access, preserve, and disclose your registration and usage information and 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 Service; (c) respond to claims that any Content violates the IP Rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Montana University System, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by the Montana University System and/or account holders who provide content to the Service.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. For each message, the Service records the time the key was stored in the database, the sender's email address, the subject, the email address of the recipient(s), the most recent time each recipient successfully requested the key and various attributes about the message, such as whether the sender was directly authenticated by the Service prior to storing the key. Much of this information is made available to senders of messages and designated account administrators through administrative interfaces.

Your messages are recorded or stored by the Service for a period of 20 days, after which they are automatically purged permanently from the system. Data related to the composition, access and deletion of messages is recorded by OCHE.