Terms of Use

Terms of Use Agreement

Welcome. Thank you for visiting the State of Indiana Data Portal (the "Portal"). As is true for many other websites, the Portal has rules that apply to your use of it. Those rules, referred to as "terms of use," are set forth in this Terms of Use Agreement (the “Agreement”). By using the Portal, you are agreeing to comply with and be bound by the following terms of use. Please review them carefully. If you do not agree with the Agreement, please do not use the Portal.

Who Owns The Portal?

The Portal is developed and maintained by the Indiana Management Performance Hub (the “MPH”), on behalf of the State of Indiana and other governmental and non-governmental contributors of information approved by the MPH to appear on the Portal. For more information, please see mph.IN.gov.

Right to Change the Portal

The MPH may discontinue, edit, delete, or change any aspect of the Portal, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending, or terminating any user's right to use the Portal, at the MPH’s sole discretion and without prior notice or liability.

Entire Agreement

Notwithstanding a data sharing agreement entered into under IC 4-3-26-14, you agree that this Terms of Use Agreement ("Agreement") constitutes the entire agreement between you and the MPH with respect to your use of the Portal, and supersedes all previous and contemporaneous agreements, representations, warranties, and understandings, written or oral, between the MPH and you with respect to the Portal. The MPH may offer certain online services, which may be governed by other terms and conditions described in other instruments. The MPH may post certain additional terms or conditions in close proximity to a particular portion of the Portal, which shall also apply to your use of that portion of the Portal. The MPH may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Portal, and you should periodically check this Agreement for changes. Your continued use of the Portal shall be deemed your acceptance of any such changes.

Trademarks

MPH, the MPH logo, and other names for MPH products and services are trademarks/service marks of the State of Indiana. Other product and company names mentioned on the Portal may be trademarks/service marks of their respective owners.

Copyrights

The content organization, graphics, design, compilation, and other materials on or related to the Portal are protected under applicable copyright, trademark, and other proprietary and intellectual property rights. In most cases, the content is owned by the MPH or the state agency choosing to make its information available through the Portal. Notwithstanding a data sharing agreement entered into under IC 4-3-26-14, the copying, redistribution, use or publication by you of any such materials or any part of the Portal, except as allowed for in the Limited Right to Use section below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through or downloaded from the Portal. The posting of information or materials on the Portal does not constitute a waiver of any right in such information and materials.

Limited Right to Use

Except as may otherwise be allowed by law (including but not limited to the Indiana Access to Public Records Act) or a data sharing agreement entered into under IC 4-3-26-14, the viewing, printing, or downloading of any content, graphic, form, or document from the Portal grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. The MPH may revoke this license at any time.

Prohibited Behavior

You are prohibited from using the Portal in any way to do any of the following:

  • restrict or inhibit any other user from using and enjoying the Portal;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
  • post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms, or Trojan horses;
  • access another person's or entity's materials, information, or files without the permission of that person or entity;
  • post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder;
  • post or transmit any information, software, or other material which contains a virus or other harmful component;
  • post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
  • post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;
  • solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes, or plan or participate in scams involving other users;
  • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
  • use the Portal to collect personally-identifying information about users of the Portal in violation of IN.gov's Privacy Policy; or perform any activities that the MPH determines (in its sole discretion) may be harmful to the MPH, the Portal, or other users of the Portal.

No Unlawful Purposes

You agree that you will not use the Portal or any information or services related thereto for any unlawful purpose. The MPH, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring

You understand that the MPH has no obligation to monitor the Portal. However, the MPH reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the MPH’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that the MPH reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Portal, for operational and other purposes, subject to IN.gov's Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with IN.gov's Privacy Policy. Use of the Portal constitutes consent to such monitoring.

Submissions

The MPH is pleased to hear from users and welcomes your comments regarding the MPH’s programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to the MPH ("Submissions"), they shall be deemed, and shall remain, the property of the MPH, and shall otherwise be subject to the provisions of the Trademarks section above. None of the Submissions shall be subject to any obligation of confidence on the part of the MPH, and the MPH shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the MPH shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party Sites

The MPH my provide links and pointers to Web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party items or materials on the Portal. Any mention on the Portal of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the MPH. The MPH assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through the Portal are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE MPH, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE MPH LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification

You agree to defend, indemnify, and hold harmless the MPH and the State of Indiana, their affiliates and their respective commissioners, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Portal; (c) any violation by you of this Agreement or a data sharing agreement entered into under IC 4-3-26-14; and (d) any claims brought by other persons or entities arising from or related to your use of the Portal, including information obtained through the Portal.

Minors

Children under the age of 13 are not eligible to use services that require submission of personal information and should not submit any personal information to us. This includes submitting personal information to the website as part of a user profile or personalization profile. If you are a child under the age of 13, you can use these services only if used together with your parents or guardians. Seek guidance from your parents or guardians if you are under the age of 13.

If we decide to begin collecting personal information from children under the age of 13, we will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. We will seek verifiable parental consent before collecting any personally identifiable information. If we do collect such information, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit us from making further use of their child's information. We will not provide personal information about children to third parties.

Infringement Policy

Any intellectual property that appears on this site is the property of its owner or owners who may or may not be affiliated with, connected to, or sponsored by the MPH.

The MPH respects the rights of all copyright holders, and therefore, the MPH has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the State of Indiana’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

By mail:
Indiana Interactive, LLC DMCA Agent
c/o Stinson Leonard Street
Stinson IP Administrator, 1201 Walnut, Suite 2900, Kansas City, MO 64106

By phone:
816-842-8600

By fax:
816-691-3495

By email:
DMCA@stinsonleonard.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • E-mails sent to DMCA@stinsonleonard.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

Export Control Information

Any software downloadable from the Portal is further subject to United States export controls. No software from the Portal may be downloaded or otherwise exported or re-exported: (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Portal, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Indianapolis, Indiana, and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the Portal (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Marion County, Indiana. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Portal is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The State of Indiana’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.