SCHOOLSTATION USE AGREEMENT AND ACCEPTABLE USE POLICY
Revised 4/11/06
This Schoolstation use agreement and acceptable use policy (the “Agreement” or the “AUP”) provides important information about your Schoolstation membership, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use Schoolstation.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU -- NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY SCHOOLSTATION.
Schoolstation may change, add or remove any part of this Agreement, or any part of the Schoolstation services and features, including price, at any time. If it does so, Schoolstation will post such changes on the Schoolstation site. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING SCHOOLSTATION. YOUR CONTINUED USE OF SCHOOLSTATION NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND ANY SUCH CHANGES.
USING SCHOOLSTATION
To become a Schoolstation account holder, you must be at least 13 years old. If you are not yet 13 years old, you may still use Schoolstation, but only if the account you are using was created and registered by your parent or legal guardian.
This Agreement is a legal document that sets forth your rights and obligations as a Schoolstation user. You cannot use Schoolstation until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use Schoolstation. Your use of Schoolstation is also subject to Schoolstation’s corporate Privacy Policy. This applies to this Agreement and the Privacy Policy as they currently exist and as they may be revised from time to time by Schoolstation.
When you accept this Agreement and complete the Schoolstation registration process, you become the account holder. As a Schoolstation account holder, Schoolstation provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial user, for the term of your trial period) to use the member name and password provided to you for your account. Your member name, when confirmed by Schoolstation, is your on-line identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.
AVAILABILITY OF THE SERVICE
While Schoolstation makes reasonable efforts to ensure that Schoolstation is available at all times, Schoolstation does not guarantee, represent or warrant that Schoolstation services will be uninterrupted or error-free, and Schoolstation does not guarantee that users will be able to access or use all the Schoolstation features at all times.
Subject to any specific license agreements for various Schoolstation software features (including third party software), Schoolstation may change, suspend or discontinue any (or all) aspects of Schoolstation at any time, including the availability of any Schoolstation feature or content. Schoolstation may also impose limits on the use of or access to certain features or portions of Schoolstation, or restrict your access to any part or all of Schoolstation, in all cases without notice or liability. You must read and accept any separate software or other license offered in Schoolstation for particular products, services or features, if you elect to use those products, services or features.
Schoolstation also does not guarantee or warrant that any content or data you may have in your account at Schoolstation will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other content. Unless otherwise expressly provided in the terms of any service or feature offered in Schoolstation, Schoolstation will not be responsible for any archiving or backup of any such information. If any data, messages, images or other content in your account and stored on the Schoolstation system is damaged, lost or corrupted in any way, Schoolstation will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular Schoolstation feature or service.
ACCEPTABLE USE POLICY GUIDELINES
You are solely responsible for your conduct, and the conduct of anyone using your account while using Schoolstation, including the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your Schoolstation account. Schoolstation will not be responsible or liable in any way for any such on-line distribution or publication. Schoolstation cannot and will not review every message or other content which may generated or posted on or through your account (although Schoolstation reserves the right to monitor members’ use of Schoolstation -- see “Investigations”, below), and Schoolstation will not be responsible for anything in any of those messages or content.
Schoolstation reserves the right to delete, move or edit any item (email or other Content) that Schoolstation, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Schoolstation believes may subject Schoolstation to any liability or which may cause Schoolstation to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to Schoolstation users.
A member’s use of Schoolstation should conform to the requirements of the law, respect for the rights of other users of Schoolstation and third parties, and current standards for communicating on-line. By your use of Schoolstation, you agree to use appropriate conduct and language when you are online -- this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including foreign or international law where appropriate).
Schoolstation reserves the right to terminate your access to Schoolstation at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), your infringement of Schoolstation’s or others’ content, or any other circumstances which, in Schoolstation’s sole discretion, merit termination. Any such termination may, if Schoolstation elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Illegal, Tortious and Prohibited Conduct
Schoolstation may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Schoolstation to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. “Content” means the text, software, communications, images, sounds, and all other information and materials you encounter or generate through your account or on-line through the Internet. If Schoolstation elects to terminate your right to use Schoolstation as a result of any illegal or prohibited conduct, Schoolstation may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
* Posting obscene content (including child pornography)
* Planning illegal activity, such as building a bomb or counterfeiting money
* Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
* Pretending to be anyone you are not -- you may not impersonate or misrepresent yourself as another person (including celebrities), another Schoolstation user, a Schoolstation employee, or a civic or government leader; Schoolstation reserves the right to reject or block any Schoolstation user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
* Using false statements to get, or to attempt to get, account information or other private information from other Schoolstation or Internet users
* Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
If you believe that illegal, tortious or other prohibited Content is being transmitted through any Schoolstation service, you may report it by sending an email to support@schoolstation.com.
Schoolstation reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Schoolstation decides to investigate or resolve possible misuse involving you or anything you do on Schoolstation, Schoolstation is entitled to disclose any information about you in Schoolstation’s possession in connection with your use of Schoolstation and anything you do with Schoolstation to law enforcement or other government officials, as Schoolstation in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of Schoolstation, you authorize Schoolstation to take any such actions.
• Objectionable Conduct and Content
It is essential that all Content on Schoolstation reflect the provisions of this Agreement. Schoolstation reserves the right to remove Content if Schoolstation becomes aware of any Content in any Schoolstation area which, in Schoolstation’s judgment, does not conform to this Agreement. Schoolstation may send you a warning about the violation of this Agreement if your Schoolstation account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Schoolstation reserves the right to terminate, with or without notice, the accounts of Schoolstation users who violate this Agreement. In such case, you will not be entitled to any refund of your annual membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).
Examples of objectionable conduct and Content that violate the Schoolstation acceptable use policy are:
* Harassing, threatening, or embarrassing another Schoolstation or Internet user, including unsolicited commercial communications
* Stalking another Schoolstation or Internet user (“cyberstalking”)
* Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable
* If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends
* Posting Content that defames, abuses or threatens physical harm to others or yourself. Please remember that these are only guidelines; there are always “gray areas.” Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Schoolstation reserves the right to make the final determination about whether Content is objectionable or not.
If you encounter something you find inappropriate, you may report it by emailing support@schoolstation.com.
• Copyright and Intellectual Property Infringement
Much of the Content available through Schoolstation is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using Schoolstation, make sure you have been given the legal right to do so by the owner of the content.
* You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the Content you find through Schoolstation, unless you have the legal right to do so; and
* You must not make available serial numbers for software for the purpose of illegally validating or registering software. Making unauthorized copies of any Content can lead to the termination of your Schoolstation access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Schoolstation because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Schoolstation, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Schoolstation hiring attorneys to defend against the action.
By submitting or posting Content on areas of Schoolstation accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Schoolstation a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are a Schoolstation account holder (including any trial period use), and will terminate upon removal of such Content from the public area or when you are no longer a Schoolstation member or user, whichever happens first.
If you believe that any Content in which you claim copyright has been infringed by anyone using Schoolstation, please contact Schoolstation’s agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):
* 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 copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line 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 Schoolstation to locate the material;
* Information reasonably sufficient to permit Schoolstation to contact the complaining party;
* 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; and
* A statement that the information in the notice 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. Schoolstation’s copyright agent for notice of claims of copyright infringement on or regarding Schoolstation can be reached as follows: support@schoolstation.com.
• Violations of System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. Schoolstation will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
* Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
* Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
* Falsifying your user identity or providing other false information to Schoolstation or to other users of Schoolstation in connection with your use of Schoolstation or any feature of Schoolstation
* Posting viruses or software designed to create a virus or to do harm to Schoolstation, any Schoolstation members or users of Schoolstation, or any network
* Taking any other action to disrupt the normal use of Schoolstation or the Internet by other users
* Use of software that allows your account to stay logged on while you are not actively using the account.
* Unsolicited E-Mail (“Spamming” and “Mailbombing”)This Agreement prohibits abuse of Schoolstation’s e-mail and related functionalities. Some specific examples of prohibited actions are as follows:
* Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements (“bulk” means sending the same or substantially similar messages to more than 25 e-mail users in a single day); Schoolstation reserves the right to block unsolicited commercial e-mail if a Schoolstation user objects to receiving such e-mail, even if it is not considered “bulk” e-mail
* Using information collected from any Schoolstation user or Schoolstation user directory or any other area of Schoolstation for the purpose of sending unsolicited e-mail, whether or not it qualifies as “bulk” e-mail
* Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) (“excessive” includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
* Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message
* Using another site’s mail server to relay mail without the express permission of the other site
* Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a Schoolstation account, remailer, or otherwise through any feature of Schoolstation, or using a Schoolstation account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
In addition to the Schoolstation account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:
* Soliciting for advertisers or sponsors
* Posting sponsorships and third-party advertisements and banners
* Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Schoolstation users
* Reselling, renting or subleasing Schoolstation space under any circumstance
* Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Schoolstation users other than for personal, non-commercial purposes
* Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters
INVESTIGATIONS
Schoolstation reserves the right to monitor all Schoolstation features and Content, including but not limited to a use of his or her account and any sub-accounts, in order to detect violations of this Agreement. As a Schoolstation member, you agree to comply with the terms of this Agreement, and acknowledge that Schoolstation has the right to monitor your use of Schoolstation. You also expressly agree that Schoolstation has the right to investigate suspected violations of this Agreement and to enforce this Agreement, in its sole discretion. When Schoolstation becomes aware of possible violations, Schoolstation may initiate an investigation, which may include gathering information from any Schoolstation user involved, any third party and any complaining party.
During the investigation, Schoolstation may suspend or terminate any or all Schoolstation user accounts involved and/or remove the Content involved from Schoolstation’s system. If Schoolstation believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the Schoolstation system, warnings to the Schoolstation user(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, Schoolstation believes that any criminal activity has occurred, Schoolstation reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
BY BECOMING A SCHOOLSTATION USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST SCHOOLSTATION, AND TO HOLD SCHOOLSTATION. HARMLESS AND INDEMNIFY SCHOOLSTATION. WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY SCHOOLSTATION. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE SCHOOLSTATION. OR RECOVER ANY DAMAGES WHATSOEVER FROM SCHOOLSTATION. AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE SCHOOLSTATION SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR SCHOOLSTATION ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SCHOOLSTATION’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
SOFTWARE LICENSES
If you access Schoolstation through downloaded software or a CD-ROM, then these provisions relating to software licenses apply to you. Nothing in these provisions, however, supersedes any terms of any end-user license for software provided with your computer or any separate software application provided to you as part of Schoolstation.
Schoolstation provides you with a limited license to use the software providing access to Schoolstation, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. Schoolstation will occasionally provide automatic upgrades to improve your on-line experience.
Schoolstation grants to you a non-exclusive, limited license to use the software designed to provide access to Schoolstation for the sole purpose of connecting you to Schoolstation. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that Schoolstation’s introduction of various technologies may not be consistent across all platforms and that the performance and some Schoolstation features may vary depending on your computer and systems and other equipment.
AUTHORIZATION TO REMOVE CONTENT
Schoolstation reserves the right to disable your access to Schoolstation and to remove any Content you may have stored on Schoolstation under the following circumstances:
* Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SCHOOLSTATION SERVICES ARE AT YOUR SOLE RISK. SCHOOLSTATION'S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
SCHOOLSTATION DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH SCHOOLSTATION WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. SCHOOLSTATION’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY SCHOOLSTATION SHALL BE CANCELLATION OF YOUR ACCOUNT.
IN NO CASE SHALL SCHOOLSTATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SCHOOLSTATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR SCHOOLSTATION USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCHOOLSTATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, SCHOOLSTATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH SCHOOLSTATION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH SCHOOLSTATION. YOU HEREBY RELEASE SCHOOLSTATION FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
NOTICES
Schoolstation may give notice to any Schoolstation user by sending an e-mail message to the user’s mailbox or by sending a letter via postal mail to the contact address listed in the user’s Schoolstation registration. Schoolstation users may contact Schoolstation by filling out the “Contact Us” form in the “About Us" section of the Schoolstation web site.
EXPORT CONTROLS
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your Schoolstation account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
LEGAL PRINCIPLES
With respect to Schoolstation, this Agreement represents your entire agreement with Schoolstation. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a Schoolstation user, and Schoolstation.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Tennessee, excluding its conflicts of law rules, govern this agreement and your use of Schoolstation. Your conduct and use of Schoolstation may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Schoolstation regarding Schoolstation or relating in any way to your account or your use of Schoolstation resides in the courts of the State of Tennessee. You further agree and expressly consent to the exercise of personal jurisdiction in the Tennessee courts in connection with any such dispute, including any claim involving Schoolstation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to Schoolstation.
