CampusGRID - Member Agreement

The CampusGRID Member Agreement

Welcome to CampusGRID.

CampusGRID, Inc. ("us") owns and operates this web site service. Your school uses our service to host its School Web Site. We also give special features and tools to your school which helps them easily build web pages and manage its web site.

This Member Agreement (the "Agreement") explains the rules governing your use of the CampusGRID Service, technology, and any other content available on the CampusGRID web site. Your school may have additional rules governing the use of its school web site. These school rules may be posted elsewhere on this web site, or may be provided directly to you by the school.

This document is a little long, but this is serious business. Please read the whole thing. By checking the box and clicking the "I have read and agree to the Member Agreement" button on the registration page, you agree to comply with these rules. If you do not wish to accept this agreement, do not proceed with the registration. By registering as a Member of CampusGRID, you also agree to use the CampusGRID Service in a manner consistent with all applicable laws and regulations.

1. MASTER AGREEMENT.

We have entered into a written agreement with your school (the "Master Agreement") regarding the school's use of our services and the creation and use of the school's web site (the "School Web Site"). The Master Agreement requires, among other things, that only people authorized by the school may use this site, and that the school is entirely responsible for all uses of the web site. The Master Agreement also requires that everyone who uses the site must comply with our rules. We may alter these rules at any time by posting the change here. If you have further questions about the scope of the service, please review the Master Agreement.

2. YOUR GENERAL OBLIGATIONS.

(a). You will fill in the data requested in the Registration Data, and submit it when you accept this agreement. The Registration Data will include a valid name and e-mail address. We may, at our discretion, call your school to verify the authenticity of this data and that the school has approved your access to the School Web Site.

(b). You will maintain and promptly update the Registration Data to keep it accurate, current and complete.

(c). Your school has sole authority to grant you access to the School Web Site. They may remove any content you might post or deny your access at any time. If they do, you may no longer access the School Web Site even if you retain a valid password.

(d). You are responsible for protecting the confidentiality of the passwords you use to access your School Web Site. We strongly suggest that you follow good security practices in using and safeguarding these passwords.

(e). CampusGRID or its employees may have access to any portion of the site or to any content placed there by you.

3. RESTRICTIONS ON CONTENT.

(a) You are responsible for all information, data, text, software, music, sound, photographs, graphics or other materials (collectively, the "Content") that you post, or allow to be posted, on your School Web Site. CampusGRID is not responsible for such Content, or any information you might obtain through the Internet. The Internet is an open forum; always use caution when downloading any information or posting it to the School Web Site to be sure it complies with these rules.

(b) Neither you, nor anyone to whom you allow access to the School Web Site, will upload, post or otherwise transmit any Content through our service that:

is unlawful, harmful, threatening, vulgar, abusive, harassing, tortious, pornographic, defamatory or otherwise objectionable;
harms minors in any way;
infringes on anyone's rights (including copyrights, trademarks, patents, trade secrets, and rights of personality or privacy), or violates any fiduciary duty;
forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content; or
contains viruses, corrupted files or other content that may interfere with this site, or any user's computer, or unsolicited advertising, or "spam".

reverse engineer, reverse compile or otherwise attempt to derive the underlying source code of our web site hosting service or technology;
interfere with or disrupt our service, or servers or networks connected to our service, or disobey any policies or regulations of networks connected to our service;
access our service by any means other than through the interface that CampusGRID provides;
collect or store personal data from the School Web Site; or
use your School Web Site as storage for remote loading or as a door or signpost to another home page, whether inside or beyond CampusGRID School Web site services.

4. REPRESENTATIONS. You represent that:

(a). You are over the age of 18, and you are an authorized member of the school, college, education center, or an organization otherwise related to learning that has been given access to the CampusGRID service.

(b). You will either comply with the CampusGRID Children's Privacy Agreement, available at http://www.campusgrid.com/cpp.php, or will not post any Content on the School Web Site targeting children under the age of 15, or soliciting or collecting information from children under the age of 15.

(c). If you supervise any child's creation of Content, you are responsible for obtaining the required parental permission and reviewing the Content before it is posted.

5. PROPRIETARY RIGHTS.

(a) The software and other information used in connection with our service contain confidential information that is owned entirely by us or by our licensors, and is protected by law. Content you may obtain through our service is protected by copyrights, trademarks, service marks, patents or other proprietary rights owned by third parties. You agree not to modify, rent, copy, loan, sell, distribute or create derivative works based on our service, or on Content that you did not create, without first obtaining written permission from the owner of the work in question. No rights of any kind in any intellectual property are transferred to you as a result of this agreement. Remember that, as a general rule, if you did not create a work yourself (for example, one of your students created it), you don't own it. That means you cannot post the work or download it from the Internet without the permission of the person who does own it. There is no general exception for material used for educational purposes.

(b) By submitting Content to us for inclusion on your School Web site, you grant us a worldwide, royalty-free, perpetual and non-exclusive license to reproduce, modify and publish the Content for the purpose of displaying, distributing and promoting our services. This provision will survive the termination of this agreement. In our discretion, we may (but are not obligated to) remove or refuse to post any Content that violates these Terms of Service, or the Children's Privacy Agreement, if applicable. You also give permission to authorized users of the site to download and print one copy of your work for personal use only.

6. INDEMNITY.

You will indemnify and defend us from any claim or demand made by any third party arising out of your Content, or the Content of anyone to whom you allow access to the School Web Site, your violation of this agreement, or your violation of any rights of another.

7. NO RESALE OF SERVICE.

You will not to reproduce or sell to any third persons any portion of our service, use of our service, or access to our service.

8. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAMPUSGRID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Without limiting the scope of the previous paragraph, CampusGRID makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, or (iii) any errors in the software will be corrected. You are solely responsible for any damage to your computer system or loss of data, or injury to any user, that results from the download of any Content. No advice or information, whether oral or written, obtained by you from CampusGRID or through or from the service shall create any warranty not expressly stated in this agreement.

9. LIMITATION OF LIABILITY.

CAMPUSGRID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INCIDENTAL, EXEMPLARY, OR OTHERWISE, RESULTING FROM YOUR USE OF THE CAMPUSGRID SERVICES OR THE SCHOOL WEB SITE (EVEN IF CAMPUSGRID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.)

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in Sections 8 and 9 may not apply to you.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. NOTICE.

Notices to you may be made by either email or by U.S. mail, or overnight delivery service, to the address set forth in the Registration Data. We may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices in the CampusGRID Service Area.

12. GENERAL INFORMATION.

(a). This Member Agreement, the Master Agreement, and the Children's Privacy Agreement, if signed, constitute the entire agreement between you and us and govern your use of our service, superseding any prior agreements between us (including, but not limited to, any prior versions of the Agreement). If there is any inconsistency between this and the Master Agreement, the Master Agreement controls. You also may be subject to additional terms and conditions that may apply when you use other CampusGRID services, third-party content or third-party software. This Agreement and the relationship between us will be governed by the laws of the State of California without regard to its conflict of law provisions. You and CampusGRID agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

(b). The failure of either of us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree to give effect to the parties' intentions as reflected in the remaining provisions. In any action brought against either party arising from this agreement, the prevailing party will be entitled to an award for reasonable attorney's fees and costs in addition to any other award.

(c). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.