Northeast Power Coordinating Council, Inc.
Terms of Service and Privacy Agreement
Northeast Power Coordinating Council, Inc. (“NPCC”) welcomes you to its Website. Your use of the NPCC Website is subject to the following Terms of Service Agreement (the “Agreement”). NPCC may change the Agreement at any time without notice to you. By accessing and using the NPCC Website, you accept and agree to be bound by the terms and conditions set forth in the Agreement. In addition, when using the NPCC Website, you shall be subject to any posted guidelines or rules applicable to the information contained therein. Changes to the Agreement will become effective upon posting. Continued use of the NPCC Website by you constitutes acceptance of the terms of the modified Agreement.
1. The Website
The NPCC Website consists of both publicly and privately accessible areas. Publicly accessible areas are those that are intended to be available to the general public. Privately accessible areas on the NPCC Website require authentication and authorization via user identification and passwords. Privately accessible areas may be further restricted requiring additional user identification and passwords and adherence to separate terms and conditions set forth in relevant agreements of non-disclosure or confidentiality.
2. Materials and Software of the Website
NPCC may change or discontinue any portion, feature, or content of the Website at any time with or without notice to you.
NPCC assumes no responsibility for any material, e.g., information, data, text, software, graphics et cetera, posted by third parties on the Website or accessed on the Website through hypertext or other computer "links" to sites hosted by third parties that are outside of NPCC's control. NPCC does not endorse products, services, or information provided by third parties and 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 or reliance on any content available on or through any third party site or otherwise posted by third parties on the Website. Further, the inclusion of links to third party websites on the Website does not imply that the owners of such third party websites have given permission for inclusion of these links, or otherwise sponsored or endorsed NPCC's Website.
NPCC is not responsible for the accessibility of third party websites via the Website. Should you discover that a third party link on a webpage is broken, no longer pointing to the content so indicated on the Website, or points to a third party website containing infringing content, malicious code, or any offensive, libelous, or otherwise illegal or inappropriate content, email: email@example.com. To ensure NPCC can quickly respond to the issue, your email should include the originating NPCC page URL, the linked page URL and a description of the content in question.
3. Use of the Information and Materials of the Website
To access privately accessible areas of the NPCC website you will need a valid login account(s). Your account’s credentials consist of a username and password. You are responsible for maintaining the confidentiality of your credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to immediately notify NPCC of any unauthorized use of your account or any other breach of security, and to logout of your account at the end of each session. NPCC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. Trademark Information
You agree that all NPCC trademarks, service marks and other NPCC logos are trademarks and property of NPCC (the “NPCC Marks”). Except for nominative fair use, you agree not to display or use in any manner the NPCC Marks without NPCC’s prior written permission.
NPCC does not permit unauthorized use of its logo. All trademarks are subject to “nominative use rules” that allow the use of the trademark to name the trademarked entity in a way that is minimal and does not imply a sponsorship relationship with the trademark owner.
5. End-User Content
5.1 The Website may provide functionalities for users to upload, download or post comments, ideas, articles, information, data, text, software, graphics, messages, and other materials or submissions ("End-User Content"). The views and opinions expressed therein do not necessarily reflect those of NPCC. The end user who posted the End-User Content is solely responsible for such End-User Content.
5.2 NPCC does not guarantee the accuracy, integrity or quality of End-User Content and disclaims all liability for any errors, omissions, violation of third party rights or illegal conduct arising from End-User Content posted, emailed or otherwise transmitted via the Website.
5.3 Prohibited End-User Content:
You agree not to upload, post, email or otherwise transmit any End-User Content:
5.3.1 that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
5.3.2 that you do not have a right to transmit under any law or for which the execution of a non-disclosure or confidentiality agreement authorizing same is required and you are not so covered;
5.3.3 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5.3.4 that contains software viruses, malicious software, or other contaminating or destructive devices, features, 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 or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;
5.3.5 that contains advertising or promotional material of any kind;
5.3.6 that contains personally identifiable information pertaining to any party; or
5.3.7 that undermines the purpose of the material on the Website and the course with which it is used, including but not limited to promoting the reliability of the bulk power system.
5.4 You acknowledge that NPCC does not pre-screen End-User Content. NPCC reserves the right (but not the obligation) in its sole discretion to monitor, refuse to post, or remove any End-User Content for any reason. NPCC reserves the right to terminate your access to the Website to prevent further posting of prohibited End-User content.
5.5 You acknowledge and agree that NPCC reserves the right to preserve End-User Content indefinitely in the event of a potential violation of these terms or dispute pertaining to End-User Content. You acknowledge and agree that NPCC further reserves the right to disclose End-User Content in association with your contact and/or personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any End-User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NPCC, its users and the public.
6. Restrictions on Use
You agree not to use the Website to:
6.1 upload, post, email, or otherwise transmit any prohibited End-User Content described in Section 5.
6.2 impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity;
6.3 upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "Junk mail," "Spam," "chain letters," "pyramid schemes," or any other form solicitation;
6.4 use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data mining", "computer code", or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other NPCC materials without the prior express written consent of NPCC;
6.5 obtain or attempt to obtain through any means any materials, End-User Content, or any other data, content, software, or code available on or through the Website ("Website Content") that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
6.6 violate any measure employed to limit or prevent access to the Website or Website Content;
6.7 violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;
6.8 interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website;
6.9 take or attempt any action that, in the sole discretion of NPCC, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure on the Website;
6.10 disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges or to normally post data or submissions;
6.11 interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
6.12 intentionally or unintentionally violate any applicable local, state, national or international law.
7. Use of "Cookies"
The Website uses browser cookies to facilitate registration processing and validate user role upon login. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website.
8. Disclosure of Personally Identifiable Information Via Public Access
NPCC will not disclose personally identifiable information via the publicly accessible areas associated with your use of the Website (e.g., name, email address, physical address, username and password, activity results) to any third parties not affiliated with NPCC, except in the event of suspected illegal conduct, misappropriating password access, violating the terms of this Agreement. Personally identifiable information may be disclosed to law enforcement officials in order to facilitate the investigation of such allegations.
9. Your Other Responsibilities Concerning Registration for the Website
9.1 In obtaining private access to the Website under this Agreement, you certify to NPCC that: (a) the information you have provided to NPCC in order to register as an end user is complete, accurate and current; (b) you will notify NPCC immediately of any change in your registration information; (c) you will not share your login username or password; and (d) you will timely update your password as required.
9.2 If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, NPCC has the right to suspend and/or terminate your access to the Website.
9.3 You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Website.
9.4 You are responsible for all uses of the Website through your login username and password, whether the use is made by you personally or by someone else. You are responsible for protecting and securing your username and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of your login username or password, you will notify NPCC immediately by contacting firstname.lastname@example.org
10. Termination of Access
10.1 Your restricted access may commence at such time as NPCC confirms receipt of a signed non-disclosure agreement from your company.
10.2 You may terminate your private access rights to use the Website at any time and without cause by notifying NPCC of your decision to terminate. See Section 15.
10.3 NPCC may, in its sole and absolute discretion, and with or without notice, suspend or terminate your private access to all or any part of the Website, or terminate this Agreement and thus your rights to use the Website, for any conduct or use (whether by you or anyone else having access under username or password) that NPCC believes is a violation of the Agreement or for any other conduct or use that NPCC believes is harmful to other end users, NPCC's content providers, or to the Website or the interests of NPCC.
11. Your Remedies
11.1 NPCC's entire liability to you, and your sole and exclusive remedy, regarding the private access use of the Website shall be the replacement of a username or password if a currently valid username or password fails to allow access to the Website.
11.2 Your sole right with respect to any disagreement or dissatisfaction with (a) the Agreement, as modified from time to time; (b) access to, use of, or performance of the Website; or (c) any Website Content, is to terminate your access as provided for in Section 10.
12. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. NPCC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF SAME.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NPCC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS, AND INJURY TO PROPERTY, EVEN IF NPCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, OR SOFTWARE OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES.
14. Indemnification by You
To the extent permitted by law, you agree to defend, indemnify and hold harmless NPCC from any claims and expenses related to any violation of this Agreement by your use of the Website, or in connection with the placement or transmission by you of any material on the Website except as expressly authorized in this Agreement.
NPCC may give notice to you by electronic mail, by a posting on the Website, or by conventional mail. Notice by NPCC shall be effective on the date that NPCC makes a good faith effort to reach you.
You shall give notice to NPCC as stated below. Notice by you shall be effective on the date that NPCC actually receives the notice.
Northeast Power Coordinating Council, Inc.
1040 Avenue of the Americas, 10th Floor
New York, NY 10018
Notice of change to your registration information as referenced under Section 9 is to be done through your online NPCC Account Profile accessible via the Website or through NPCC Customer Technical Support
16.1 This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and NPCC’s rights and obligations, and any disputes or disagreements regarding the Website will be governed by the laws of the U.S. that govern contracts wholly entered into and wholly performed within New York. Any and all actions, disputes or controversies relating to the Agreement or the Website will be decided by courts of competent jurisdiction, and you consent to the jurisdiction and venue of those courts and irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your registration information.
16.2 In the event that any provision of the Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
16.3 You acknowledge that NPCC will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Website or Website Content and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that NPCC shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Website or Website Content.
16.4 Except as otherwise provided in any pertinent hold harmless, non-disclosure or confidentiality agreement, this Agreement is the entire agreement between NPCC and you with respect to the Website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If NPCC waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or NPCC’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
© NPCC, Inc. All rights reserved.
Last updated December 20, 2019
This is a Northeast Power Coordinating Council, Inc. (NPCC) information system. You have no reasonable expectation of privacy regarding communications or data transiting or stored on NPCC’s information system. At any time and for any lawful purpose, NPCC may monitor, intercept, record, and search any communications or data transiting or stored on this information system. At NPCC’s sole discretion, NPCC may disclose pertinent information to the U.S. Government and its authorized representatives to protect the security of critical infrastructure and key resources, ensure information security, or to comply with any applicable law, regulation, legal process, or enforceable governmental request. By continuing, you acknowledge that you understand and consent to the terms and conditions described in this notice. The actual or attempted unauthorized access, use, or modification of this system is strictly prohibited and may subject violators to criminal, civil, and/or administrative action.