Top Hat is updating its Acceptable Use Policy effective August 17, 2020.
These changes will go into effect August 17, 2020 and your continued use of the Top Hat Service after this date will be subject to our updated Acceptable Use Policy.
The following is a summary of the important changes for your convenience. We recommend reviewing each document fully.
Changes we have made include:
- Updating our policies on prohibited conduct including exploitation and asking for personal information
- Updating terms around impersonation of other users, Institution faculty or Top Hat employees
- Prohibiting bullying or encouraging or assisting bullying
- Giving you more information on our Academic Integrity procedure including how We deal with academic dishonesty and misconduct
Please review the Terms and Conditions below, and if you have any questions please contact us at email@example.com.
Last updated: August 17, 2020
This Acceptable Use Policy (“Policy“) sets out specific terms under which you may access or download content from Our website or through our mobile applications and generally use our services including participating in Virtual Classroom, discussions, Top Hat Community Services, forums and other community features of the website (collectively “THM Services“). This Acceptable Use Policy applies to all users of the THM Services. The examples of prohibited uses of the THM Services described in this Policy are not exhaustive.
We may modify this Policy at any time by posting a revised version. By continuing to use the THM Services after a posted update to this Policy, you are confirming your agreement to the latest version of this Policy.
“THM” “We” “Us” or “Our” is defined as Tophatmonocle (US) Corp., a United States of America corporation, for customers that reside in the United States of America, Top Hat (AUS) PTY LTD., for customers that reside in Australia and Tophatmonocle Corp., a Canadian corporation, for customers that do not reside in the United States of America or Australia as applicable. Where applicable, “You” or “Your” is defined as an individual user of the THM Services, including instructors and student users. Users purchasing from, downloading from, or uploading to the THM Services on behalf of a school, university or college or other such entity agree that they do so only with the appropriate permissions and authority of the institution on whose behalf they purport to be acting.
Your use of the THM Services means that you accept, and agree to abide by, all provisions of this Acceptable Use Policy, which supplement Our Terms of Service.
You may use the THM Services (including the website and our mobile applications) only for lawful purposes. You may not use the THM Services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or vulnerable adults in any way.
- To abuse, harass, threaten, impersonate or intimidate any other user or third party.
- For any conduct involving stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable laws, regulations or code.
- To send, knowingly receive, upload, download, use or re-use any material that is infringing, libellous, defamatory, discriminatory, obscene, pornographic, sexually explicit, abusive, offensive, hateful, profane, violent, or otherwise violates or encourages someone to violate any law or right of any third party as determined in our sole discretion.
- To impersonate or attempt to impersonate THM, a THM employee, another user, faculty, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- To encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the THM Services or which, as determined by Us, may harm THM or users of the THM Services or expose them to liability.
- To cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To give the impression that a communication originates from or is endorsed by THM or any other person or entity, if this is not the case.
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To post any information which is incomplete, false, inaccurate or not Your own.
- To use the THM Services to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (i.e. completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, or completing work in violation of academic integrity policies or other conduct policies of a school, university, academic institution or workplace. We may report any breach of this prohibition to the applicable school, university, academic institution or workplace.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the THM Services in contravention of the provisions of the TOP HAT Terms of Service.
- Not to bypass or attempt to bypass any measures We may use to prevent or restrict access to the THM Services or to interfere or attempt to interfere with the proper functioning of the THM Services.
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our website;
- any equipment or network on which Our website is stored;
- any software used in the provision of Our website; or
- any equipment or network or software owned or used by any third party.
Suspension And Termination
Failure to comply with this Policy constitutes a material breach of Our Terms of Service and is subject to the provisions and remedies therein.
We reserve the right to investigate any violation or suspected violation of this Policy but are under no obligation to do so. In doing so, We may temporarily suspend Your access to the THM Services or terminate Your account on the THM Services, remove any content We believe is in violation of this Policy, and report any activity that We suspect violates any law, rule, or regulation to law enforcement officials, school/employer, regulators, or the like, in Our sole discretion. We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and We may take any other action We deem appropriate.
Your use of the THM Services is also governed by the TOP HAT Terms of Service.
Nothing in this Policy is intended to grant any rights in the Services beyond the rights granted to You in the TOP HAT Terms of Service. If We fail, at any time, to insist upon strict performance of any of Your obligations under this Policy, or if We fail to exercise any of the rights or remedies to which We are entitled under this Policy, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of the provisions of this Policy shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Please contact Us with questions about this Policy or to report violations of this Policy: firstname.lastname@example.org or by post to Tophatmonocle Corp. at 151 Bloor Street West, Suite 200, Toronto, ON, M5S 2C7