HCRC Extranet Agreement

Last revised: August 11, 2020

By using the HCRC Extranet, you agree to the following terms and policies.

TERMS OF USE

Access to the Extranet is provided at no cost to you and is granted for purposes of supporting your capital post-conviction work for California death row clients. HCRC, at its sole discretion, may provide you with a password to access the Extranet, provided that you complete the required registration process and provide accurate information in your registration materials. You may use your password only to access the Extranet in ways consistent with these Terms; no other access to or use of the Extranet is authorized. You agree not to share your password with other people or organizations or to copy offsite any copyrighted part of the Extranet without written permission. Please report any unauthorized use of your password promptly to info@hcrc.ca.gov.

Some of the content available through the Extranet may be governed by local, national, and international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Extranet. In particular, you certify that your use of any part of the Extranet will be noncommercial and will be limited to noninfringing or fair use under copyright law.

In using the Extranet, you further agree not to:

  1. Violate anyone's rights of privacy;
  2. Interfere with the work of other users or HCRC personnel, servers, or resources;
  3. Act in any way that might give rise to civil or criminal liability;
  4. Use or attempt to use another person's password;
  5. Collect or store personal data about anyone;
  6. Infringe any copyright, trademark, patent, or other proprietary rights of any person;
  7. Transmit or facilitate the transmission of any solicitations, including the transmission of unsolicited email;
  8. Harass, threaten, or otherwise annoy anyone; and
  9. Disseminate or otherwise provide any material on the Extranet to any person not authorized to receive such material under the Terms of Use.

You acknowledge that you have read and understood the Extranet Privacy Policy and agree that HCRC may collect, use, and distribute information pursuant to that policy.

You acknowledge that you have read and understood the Extranet Copyright Policy. While we provide access to public documents as filed with courts, we also provide resources and materials developed and copyrighted by HCRC or by other agencies/individuals. If the author or publisher of some part of the Extranet no longer wants his or her work on the Extranet, then we may remove that work without notice.

If you provide any content to the Extranet, you grant HCRC a nonexclusive, royalty-free right to use that content.

You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of the Extranet, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving the Extranet.

HCRC may immediately terminate Extranet access at its sole discretion at any time upon written notice (including via email) to you. Upon termination, HCRC may immediately deactivate any password it has issued to you and bar you from accessing the Extranet.

The Extranet is provided to you on an as-is and as-available basis. You agree that your use of the Extranet is at your sole risk. You understand and agree that HCRC makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the Extranet content; that the content will meet your requirements; that access to the Extranet will be uninterrupted, timely, secure, or error free; or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.

You agree to indemnify and hold harmless HCRC and its officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys' fees) arising from your use of the Extranet. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in San Francisco, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the California Code of Civil Procedure, §1280 et seq. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

Under no circumstances, including, without limitation, negligence, shall HCRC or its officers, directors, or employees be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Extranet, or any content contained on the Extranet, or resulting from unauthorized access to the Extranet or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if HCRC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

HCRC may revise these Terms from time to time. We will post all revisions on the Extranet, clearly noting the revision date. If the changes are significant, HCRC will notify users through additional, more prominent means. Your continued use of the Extranet constitutes your acceptance of any changes to the Terms of Use.

These Terms of Use, Privacy Policy, Copyright Policy, and other policies posted on the Extranet constitute the full and complete agreement between you and HCRC and are not intended to inure to third-party beneficiaries.

We welcome your input. Please contact us with any comments or questions at info@hcrc.ca.gov.

PRIVACY POLICY

HCRC is committed to making Extranet resources freely available to federal- and state-appointed counsel for capital case appeals and habeas corpus proceedings in California. We recognize the importance of privacy and have taken steps to protect all personal information we gather when you register and use the HCRC Extranet.

The types of information we may gather when you use the HCRC Extranet include:

  • Personally identifying information provided when you register for access to the Extranet (e.g., your name, mailing address, telephone number, and email address)
  • Information automatically recognized by HCRC web servers (e.g., domain names, IP addresses, pages visited and when, and other information supplied by web browsers)
  • Cookies, which may be used to track users' activities on the Extranet (Cookies are small files sent to your computer when you visit a web site and accessed by servers when you return to that site.)

HCRC may revise this policy from time to time. We will post all revisions on the Extranet, clearly noting the revision date. If the changes are significant, HCRC will notify users through additional, more prominent means. Your continued use of the Extranet constitutes your acceptance of any changes to the Privacy Policy.

HCRC takes appropriate measures to protect against unauthorized access to or disclosure of personal information. Access to such information is restricted to staff members who need that information in order to operate, develop, or improve our services. HCRC may disclose any information it collects from users if we believe that such action is reasonably necessary to enforce our Terms of Use; to comply with the law or with legal process; or to protect the rights or property of HCRC, Extranet users, or others.

You can help HCRC maintain the accuracy of your information by notifying us of any changes in your name, address, telephone/fax numbers, and email address. Please email HCRC at info@hcrc.ca.gov to review or update your information.

COPYRIGHT POLICY

It is HCRC's policy to respond to notices of alleged copyright infringement. HCRC may, in appropriate circumstances and at its discretion, remove certain content or disable access to content claimed to infringe the copyright or other intellectual property rights of others. If you believe that a copyright has been violated by material available through the Extranet, please provide HCRC with the following information:

  • Identification of the copyrighted work subject to alleged infringing activity
  • An exact description of where the material is located within the Extranet
  • Your address, telephone number, and email address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you that the above information in your notice is accurate
  • Your electronic or physical signature

If you have any questions or concerns, please contact the HCRC Extranet Administrator at info@hcrc.ca.gov. Should you need to provide any of the information listed above, please do so via email, or fax the information to 415.348.3873 (Attn: HCRC Extranet Administrator).

For more information

If you have any questions or comments regarding these terms and policies, please contact the website administrator at:

HCRC Extranet Administrator
Telephone 415.348.3800
Fax 415.348.3873
info@hcrc.ca.gov