Terms and Conditions of Use of HESC Web (last revised 6/11/12)
This portion of www.hesc.ny.gov (herein HESC Web) is intended for authorized use by
authorized business partners of New York State Higher Education Services Corporation
(HESC). Authorized HESC business partners are those customers who have signed Electronic
Financial Aid Network (EFAN) Agreements with HESC. If you are a school or lending institution
and wish to become an authorized business partner with HESC, please call us at
1-866-431-HESC (1-866-431-4372) Option 2.
Proper Use and Users of this Site
HESC Web and all data on it are the property of HESC. Each authorized business partner
shall follow the current guidelines regarding proper use and users as outlined in the
EFAN Agreement signed with HESC, subsequent amendments to said EFAN Agreement and the
“Responsibilities Regarding the Security and Use of User IDs and Passwords” document
which was provided with each ID and Password assigned to them, and these Terms and
Conditions. In addition, each business partner shall ensure that each of its Users
remains compliant with the current EFAN Agreement, the current “Responsibilities Regarding
the Security and Use of User IDs and Passwords” and these Terms and Conditions. Any
unauthorized or attempted unauthorized use of HESC Web is prohibited, may constitute a
federal or state crime and may be prosecuted as such.
Unauthorized attempts to upload or alter information on HESC Web are strictly prohibited
and may be punishable under state and federal law. Unauthorized attempts to view, download
or alter the information contained herein is strictly prohibited and may be punishable
under state and federal law. You may not distribute, modify, copy, transmit, use or reuse
information herein for commercial purposes, except as authorized by your EFAN Agreement.
Everything you read, see, or use on HESC Web belongs to HESC, the State of New York,
or another owner where noted. You cannot use it except as provided for in your EFAN
Agreement and these Terms and Conditions. HESC does not intend to infringe on another’s
copyrights. If you believe anything you find on HESC Web violates another’s copyright,
please contact: General Counsel, NYS Higher Education Services Corporation, 99 Washington
Avenue, Albany, New York, 12255, (518) 474-3219.
Confidentiality Guidelines for this Site
Information maintained by HESC on HESC Web is confidential. The authorized business
partner agrees to secure any information accessed from HESC Web, and to limit the disclosure
of such information to their staff who need such information for the express purpose of
administering financial aid programs. A breach of the confidentiality of information
contained in this site is a violation of federal and state laws, and may be prosecuted.
The authorized business partner shall indemnify and hold HESC harmless from any damages
occasioned by any breach of confidentiality.
No Privacy or Property Interest of Data Input by Business Partners
HESC Web and all data on it are the property of HESC, therefore any data input by business
partners on these pages becomes HESC property. Any use of HESC Web constitutes express
consent to monitoring, accessing or capturing and use of information in any manner by HESC,
without additional notice to authorized business partners. In addition, authorized
business partners who use HESC Web should have no expectation of privacy. While HESC
makes every attempt to maintain the confidentiality of data input by authorized business
partners, the absolute confidentiality of such information is not guaranteed by HESC.
HESC makes no representations or warranties with respect to HESC Web or its contents,
which HESC provides for your use “as is” and “as available”. HESC disclaims all warranties,
express or implied, including without limitation the implied warranties of merchantability
and fitness for a particular purpose, with respect to HESC Web. HESC does not warrant:
the functions, information or links contained on HESC Web; that its contents will meet your
requirements; that HESC Web, or its contents, are fit for any particular purpose; that the
operation of HESC Web or its contents will be uninterrupted or error-free; that defects
will be corrected, or that HESC Web or the server that makes it available are free of
viruses, worms, Trojan horses, cancelbots, or other harmful components. Applicable law
may not allow the exclusion of implied warranties, so the above exclusion regarding
implied warranties may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, will HESC be liable to
you or any other user or third party for any direct, special, incidental or consequential
damages or expenses, including attorney’s fees that result from your use of, or your
inability to use HESC Web, or any part or functionality thereof, even if HESC or a HESC
authorized representative has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
These Terms and Conditions and any claim or cause of action arising out of, or relating
in any way to HESC Web, shall be governed by the laws of the State of New York, without
regard for New York’s choice of law statute. You agree that any claim or cause of action
arising out of, or relating in any way to this site and/or these Terms and Conditions
shall be determined by a New York court of competent jurisdiction as prescribed by New
York State Education Law, Section 653(4).
The provisions of these Terms and Conditions of Use of HESC Web shall be construed to be
independent and severable and if any provision shall be held invalid or otherwise
unenforceable, such will be severed and the remaining provision(s) will remain in full
force and effect.
Back to top