Terms of Service

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Terms of Service

Updated: June 2024

Resource Hub Goals

Pursuant to Executive Order Number 18, issued by Governor Hochul on May 18, 2022, the New York State Division of Homeland Security and Emergency Services (“DHSES”) is required to: establish best practices for law enforcement, mental health professionals and school officials to address the rise in targeted violence, domestic violence extremism, and homegrown violent extremism; and develop training for law enforcement, mental health professionals, and school officials to increase awareness of domestic violent extremism and radicalization.  

Pursuant to this authority, DHSES and Moonshot have created a Resource Hub (“Hub”) which is an information sharing, multi-disciplinary network of professionals dedicated to preventing targeted violence, terrorism, and their impacts upon the state. Fundamental to this work is connecting professionals within this discipline to each other and make resources available to assist in assessing, detecting, and deterring acts of violence related to extremism.  This Hub is intended to facilitate knowledge-sharing, collaboration, training, best practices, and education to enhance the capacity of users in a manner that is consistent with the protection of individual privacy rights as specified by the laws and regulations of New York State, the federal government, and the protection of civil liberties guaranteed by the state and federal constitution. 

Purpose

These terms of service describe the standards that control how users must conduct themselves when accessing the Hub, posting content, and communicating with other users. These terms of service are designed to supplement, not substitute or usurp, ethical codes and rules and regulations that apply to users in their professional capacity. As such, users must still comply with federal, state, and local laws, rules and regulations, organizational policies and procedures, New York State licensing and certification requirements, and any other obligations imposed upon their daily professional activity.     

Roles

DHSES’ role shall be to offer users decisional and operational consultation to ensure the development of this information sharing environment is consistent with the goals of the Hub, the terms of service, and obligations imposed by executive order 18. DHSES users may post training materials, publications, comments on the discussion board, links to third party sites, calendar events, and access member directory. 

Moonshot’s role shall be that of content manager. Content management shall consist of reviewing all communications, discussions, third party links, and publications to ensure said information is consistent with the goals of the Hub and does not violate these terms of service. The content manager has authority to post publications, links to external sites, comments on the discussion board, update events on the calendar page, access member directory, post training, and deny or remove any such material that is inconsistent with the Hub’s goals or terms of service. The content manager is also responsible for review and approval of all potential individuals or organizations who seek authorization to participate on the Hub. Such review and approval shall consist of a vetting process which must include a professional licensing check with the appropriate licensing authority to ensure users are licensed to practice their chosen profession within New York State and do not face any current disciplinary investigations nor have past findings of licensure violation. Vetting of participants shall be done at various times throughout the year to ensure members are still actively involved in TAM teams and organizations and professionals remain licensed in the State of New York without any pending investigations and/or disciplinary action.  

Members are those individuals who actively participate in a threat assessment management (TAM) team within New York State, are authorized to access the Hub by a TAM team coordinator, authorized to access the Hub by Moonshot, and have accepted these terms of service. Members are also professional mental health providers licensed to practice within New York State, authorized to access Hub by Moonshot, and have accepted these terms of service. Members are authorized to post publications, links to external sites, comments on the discussion board, update events on the calendar page, access member directory, and post training materials in a manner consistent with the Hub’s goals and these terms of service.

Each county, higher education institute, and K-12 institute TAM team must appoint a coordinator who shall authorize members within their respective TAM teams as qualified for participation in the Hub. The coordinator must confirm the member’s name, agency, phone number, official job title, and official email address. The coordinator is responsible for developing its own procedures to determine which TAM team members are appropriate for Hub participation with understanding that Moonshot, in consultation with DHSES, has the sole authority to approve or deny an individual. 

WordPress’s role shall be that of site designer. The site designer shall be responsible for the look and the user interface ensuring that the Hub’s design allows for an efficient and effective information sharing environment.

Amazon Web Services shall be responsible for data storage. Data Storage shall consist of securely storing all information, communications, publications, training materials, and any other content present on the Hub. Such storage will be considered securely maintained if it meets the reasonable security requirements outlined in NYS General Business Law Section 899-BB(2).

Prohibited Activities 

Harassment of any kind is prohibited.  Unsolicited and unwelcome physical, written, or verbal activity that creates an unsafe, intimidating, or offensive environment will not be tolerated. No content or communication with derogatory, obscene, violent, or inflammatory remarks about an individual or group’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, religion, disability, predisposing genetic characteristic, familial status, marital status, or status as a victim of domestic violence will be transmitted unless such content is for educational purposes related to targeted violence and domestic violent extremism. Contact information must not be used to make harassing, threatening, intimidating, or unsolicited advances towards others. All users must follow all local, state, and federal anti-harassment laws, rules and regulations, as well as organizational policies, and certification/licensing requirements related to harassment. 

All users must not disclose any health information or individually identifiable health information (as those terms are defined in 45 CFR 160.103), education records (as defined in 34 CFR 99.3), personal information of non-members (as that term is defined in NYS Public Officers Law Section 92), or other information which violates federal, state, and local law, rules and regulations, certification/licensing requirements, or organizational policies related to privacy. 

Any information posted on the Hub may be downloaded, reproduced, or disseminated without the permission or knowledge of user(s), and may be subject to state freedom of information law requests. 

Users shall not post or distribute files, articles, or other information subject to trademark, copyright, or other proprietary rights, except with the express consent of the owner of the rights.

Users are prohibited from using the Hub for lobbying, posting commercial messages or promotions, endorsing products, advertising, solicitating business, gift giving, referring patients for medical or mental health services, and selling goods or services. 

Users must not engage in any public relations communications regarding the content on the Hub for an external audience without first consulting with DHSES prior to public dissemination. Such communications include, but are not limited to, press releases, social media posts, major speaking engagements, formal testimony, and public interviews.

Illegal content must not be furnished on the Hub, and users shall not use the Hub in a manner that violates applicable federal, state or local laws, these terms of service, or any other policies, procedures, rules, or regulations that apply to individual users. Users further acknowledge that DHSES is not liable for any illegal, defamatory, or offensive content posted or communicated on the Hub or on external sites linked to or referenced in the Hub.  

Disclaimer

The views and opinions of the users and authors expressed within the resource library, discussion board, training material, or external sites do not necessarily state or reflect those of DHSES. DHSES does not endorse, recommend, warrant, or guarantee any specific practices, products, services, or opinions contained within the resource library, training material, discussion board, or external sites which appear on the Hub, unless an endorsement or recommendation is expressly stated by DHSES. DHSES does not endorse, recommend, warrant, or guarantee the qualifications, background, experience, recommendations, or information users provide which includes external sites linked to the Hub. Users should be aware that external sites referenced in links and external organizations that provide resource materials and training do not necessarily abide by these terms of service. 

User Responsibilities 

Users are responsible for maintaining personal site security. A secure password and multi-factorial authentication process is required to access the Hub. Users may not provide non-members access to the Hub or provide personalized passwords to third parties seeking to access the Hub.

Users remain responsible for the items posted, and DHSES is not responsible for any content posted by users. If a user believes they have posted content or otherwise communicated on the site in error or in violation of the terms of service, they must promptly notify DHSES or Moonshot to request removal from the site. Likewise, if a user believes another user has posted content or otherwise communicated on the site in error or in violation of the terms of service, they must promptly notify DHSES or Moonshot to request removal from the site.  

Users are still responsible for compliance with federal, state, and local laws, rules and regulations, organizational policies, and licensing/certification requirements related to records management. By posting or communicating information or materials on the Hub, users acknowledge that custody, control, and responsibility for records management is not transferred to any other entity.   

Users acknowledge that there is not a reasonable expectation of privacy in information posted or communicated on the Hub and consent to DHSES and Moonshot’s review of any communications made on the Hub at any time without notice. 

Professional Conduct

Users who are required by New York State law to maintain a license or certification must act in accordance with the ethical and practical obligations as well as any rules and regulations imposed by the appropriate licensing or certification authority. Users must also remain in good standing with licensing or certification authorities and are required to notify DHSES or Moonshot should they be subject to any type of disciplinary complaint, suspension, revocation, criminal complaint, or civil suit.

Users who retire, change employers, no longer work in a field dealing with targeted violence, or are no longer associated with a TAM team will not be granted access to the site unless they reapply for access. Users must notify Moonshot or DHSES of any change in above status. Users will further be denied access to the site should they become inactive for 90 days after last login.  

In addition to continued education and training requirements imposed by applicable licensing and certification authorities, or required by users’ employer, users must provide proof that they have completed acceptable training regarding targeted violence and domestic violence extremism prior to being granted access. Acceptable training shall be in the sole discretion of DHSES.   

Liability DHSES is held harmless from and against any third-party claim, cause of action, etc. related from content that a user posts or transmits; activity that occurs through or by use of a user’s credentials; use of or reliance on any Hub content; and violation of these terms of service. DHSES does not assume legal liability or responsibility for the accuracy, completeness, or usefulness of any information, training materials, communications, or qualifications disclosed on the Hub. DHSES, in its roll, is not responsible for the management of records or any other content created for the Hub and is not liable for any records management laws or regulations that apply to published content. Users are responsible for adherence to federal, state, and local laws, as well as, rules and regulations, organizational policies, and licensing/certification requirements related to the content a user posts or communicates on the Hub. As an express condition of the State creating this Hub to address the rise in targeted violence, domestic violence extremism, and homegrown violent extremism and develop training for law enforcement, mental health professionals, and school officials to increase awareness of domestic violent extremism and radicalization, Users  waive, release and forever discharges the State from any and all actions, causes of action, suits, judgments, damages, claims, costs, and demands whatsoever, in law, or equity, which the Recipient has, may have or will have against the State, its officers, agents, and employees, if any, of every kind and nature and relating to the HUB. 

Users shall be solely responsible and answerable in damages for any and all claims and causes of action arising out of or related to its posting and use of the Hub.

User shall indemnify and hold harmless, without limitation, the State, and its officers, agents, employees, and subcontractors, if any, from any negligence claims, suits, actions, damages, and costs (including reasonable attorney fees) arising out of Users posts and use of the Hub.  

Violations  

Violations of these terms of service may result in restricted access or outright removal from Hub at the sole discretion of Moonshot or DHSES.  Any content placed on the Hub which violates these terms of service or conflicts with the goals of the Hub will be removed. 

Amendments

These terms of service may be modified or changed from time to time in the best interests of the Hub. Use of the Hub constitutes the user’s continuing agreement to be bound by these terms of service, as amended from time to time.

Acceptance of Rules

By joining the Hub, clicking accept upon notice of these terms of service, and accessing the information located on the Hub, you (i) represent and warrant that you have read the terms of service; (ii) fully understand the terms; and (iii) agree to be bound by the terms.

DHSES and/or Moonshot will deny access to any individual who has not agreed to these terms of service and reserves the right, in its sole discretion, to (i) remove any postings or other content that is not consistent with these terms or otherwise not in the best interests of the Hub; and (ii) suspend or terminate access to the Hub for violations of  these terms or for otherwise acting in a manner contrary to the goals of the Hub.

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