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National Council of Teachers of English Online Agreement

Connect to National Council of Teachers of English Online Journals

National Council of Teachers of English Online Agreement
Institutional Electronic Subscription Agreement
For Online Access to All NCTE Journals

Below are the Terms and Conditions under which institutional subscribers may provide to their authorized end-users electronic access to NCTE journals online for which a subscription has been paid. The agreement term is for a calendar year and is established between the institutional member and the National Council of Teachers of English.

Payment of the subscription fee shall constitute acceptance of these Terms and Conditions. Electronic access to the journals are available free of charge to those institutions with a paid subscription to the print version of a specific journal.

Online journals are accessed via the World Wide Web, and access is controlled by IP number. Authorized users from the subscribing institution will have online access to the full text of articles. The subscription covers access to the current volume of the journal and to the electronic archive of back-issues.

The subscribing institution is allowed to copy data from the electronic journal for the purpose of preservation and/or the creation of a usable archive. Use of any electronic archive copy shall be subject to these Terms and Conditions.

Access may be granted from computer workstations anywhere on the subscriber's site falling under the IP numbers specified on the Institutional form.

Permitted access by authorized users includes the retrieving, displaying, searching,downloading, printing, and storing of individual articles for scholarly research and educational and personal use.

Online journals may not be used for any commercial or noncommercial fee-for-service use, or sale. The electronic form may be used as a source for interlibrary loan (ILL)whereby articles can be printed and these print copies be delivered via postal mail or fax to fulfill ILL requests from an academic, research, or other noncommercial library.

Electronic transmission of files is not permitted. Copies must be made in cOlnpliance with Section 108 of the Copyright Act of 1976 and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines),the text of which is available as part of U.S. Copyright Office Circular 21.

Unless otherwise specified, the National Council of Teachers of English holds all rights, including copyright, in all online journals and retains these rights under all circumstances.

Users may not modify, adapt, transform, translate, or create derivative works based on any material included in the online journals, or copy any such materials except as stated in these Terms and Conditions, or otherwise use any such materials in any format or medium in a manner that would infringe the copyright therein. Any copyright notices,other notices or disclaimers included in the material or accompanying screen display may not be removed, obscured, or modified in any way. All copies in any format or medium of any part of these online materials must include copyright notices.

The subscribing institution shall take all reasonable steps to prevent unauthorized use, including making reasonable efforts to inform authorized users of these Terms and Conditions. The subscribing institution will not be liable to the publisher for breach of these Terms and Conditions by any authorized user so long as the subscribing institution did not assist in or encourage such breach, nor permit such breach to continue after having actual notice thereof. In the event of continued abuse and/or infringement, the National Council of Teachers of English reserves the right to withhold access to the online journals from the subscribing institution, in addition to any other remedies the publisher may have.

The National Council of Teachers of English will make all reasonable attempts to make the server available to institutional subscribers 24 hours a day, but if the institution's access is interrupted or suspended or a defect occurs that prevents access to the server,The National Council of Teachers of English's' liability will be limited to restoring access to the server as soon as is reasonably possible; otherwise, The National Council of Teachers of English will have no other liability to the institution.

Although The National Council of Teachers of English will take reasonable care to ensure that the information and data placed on the server are error-free and current, The National Council of Teachers of English accepts no responsibility for corruption of the information and data, including but not limited to any defects caused by the transmission or processing of the information and data. The National Council of Teachers of English makes no warranty as to the complete accessibility of online articles in every hardware/software environment.

The National Council of Teachers of English will not be responsible for incidental,consequential, or any other damages arising out of or in connection with the service or materials provided hereunder. The subscriber assumes sole responsibility for all use of the material available through this subscription and agrees to hold the National Council of Teachers of English harmless from any liability or claim of any person arising from such use.