The following describes the terms in which you, hereafter referred to as the
"Customer" on which MySchoolZone, hereafter referred to as the "Site", may be used.
By using the Site, Customer is agreeing to the terms and conditions below. This
service is provided to Customer by Off-Site Labs, Inc., hereafter referred to as "OSL".
OSL reserves the right to (1) add, modify, or delete features associated with the
Site, at its discretion and/or (2) cancel an account or refuse service to anyone
in violation of the Terms of Service. As used herein, "content" shall mean all text,
graphics, photographs, pictures, drawings, and any other material submitted in
connection with the Site.
Acceptance of Terms
By clicking the submit button on the preceding page and/or by using the services
included on the Site, you hereby agree to abide and be bound by the terms of this
agreement as outlined herein. This agreement may be modified periodically.
Changes will take effect when they are posted on this web site. You hereby agree
that your continued use of the Site after any such modifications will indicate your
acceptance of such modified Terms of Service Agreement.
Summary of Service
The Site for which you are
subscribing consists of web hosting services and self-service web site management. OSL provides Customer
with web interfaces to manage content, images, and downloadable documents.
Account Creation and Usage
Accounts are available to anyone who registers all required information, provides an
accurate, legitimate electronic mail address, password, and obtains a unique account.
Customer acknowledges that he/she is responsible for all conditions of this Agreement.
Customer hereby attest that all information provided when signing up for the
Site is true, correct, complete and current. Furthermore, Customer attest to the
fact that the billing information provided is complete, correct and current, and
that Customer has the authority to make charges against such information.
Customer hereby grants the right to OSL to use this information to provide the
service(s) requested from the Site and to bill Customer for such services as required.
These Terms of Service will become effective on the date Customer agrees to the terms
by completing all of the account information required on the 'My Account' Registration
Termination of Service
Either party may terminate this agreement at anytime for any reason pursuant to the
OSL reserves the right to terminate or suspend
your account on the Site with or without notice at any time for violation
of this agreement or the law, or as OSL otherwise deems appropriate. OSL
may discontinue the service provided by the Site at any time without
notice and without cause. Customer acknowledges that reliance on the
continuation of these services is unreasonable given the right of OSL to
terminate services or your account for any reason at any time. To
terminate the Customer agreement, you must log into your Site account
and terminate your account or notify OSL by sending email to email@example.com
. After receipt of
your termination notice by OSL, your account will be terminated.
Termination or suspension of your account does not relieve you of any obligations
you have inccrued, including payment of any charges due in connection with an account.
In the event that the OSL must attempt to recover fees owed
by Customer pursuant to the terms of this agreement, Customer hereby agrees to pay any
such fees, including additional expenses which may be incurred by
OSL in our attempt to collect such fees from Customer including collection, arbitration and/or legal
fees. If Customer terminates service, credit will be issued for any unused months of service from
the date in which an official notice was received by OSL.
a condition of the Customer's use of this Site, the Customer warrants to
OSL that you will not use this Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
not release personal information about a Customer without the permission
of that Customer, but reserves the right to distribute aggregated
demographic information provided by Customers.
30 Day Free Trial Period
The Site offers a thirty
(30) day free trial period. This allows you to trial the service for thirty consecutive
calendar days from the date your account is created for use on the Site for the
purposes of evaluating all features. If Customer decides during this 30 day free trial period
to discontinue the use of the Site, Customer must cancel the account in the
"Account Login" page by selecting the appropriate option. Signing up repeatedly
and canceling during the thirty (30) day free trial period is not permitted.
All active accounts will be automatically billed annually on the first day of the month
following the anniversary date of the account. These service fees will
continue to be billed until an official termination notice is received by OSL.
Customer hereby agrees that he/she will keep the username and password information
confidential. You agree to keep your password secret. Customer will be responsible
for any charges incurred on the account. Customer agrees to contact the Site
immediately so the appropriate action cab be taken to prevent unauthorized access.
OSL collects certain information (e.g., name and address) that is necessary to
maintain the Site. This information is collected from all users of the Site. OSL
collects other information so that OSL may more efficiently communicate with users
when necessary. This information is utilized by OSL and by our advertisers to
target their advertisements.
Customer agrees to indemnify and hold OSL harmless against all claims, liabilities,
damages, expenses or losses arising out of any use of the Site that violates any part
of the Terms of Service.
Warranty and Limitation of Liability
NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE MATERIALS IN OR OPERATIONS OF
THE SITE. OSL MAKES NO WARRANTIES CONCERNING THE MERCHANTIBILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF ANY SUCH MATERIALS OR OPERATIONS, EITHER EXPRESS OR IMPLIED,
AND DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT. OSL SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES THAT MAY RESULT FROM THE USE OF THE SITE. MATERIALS IN AND
OPERATIONS OF THE SITE ARE PROVIDED AS-IS AND THERE IS NO WARRANTY MADE THAT THEY
WILL BE FREE FROM ERRORS, INTERRUPTIONS, OR LOSS OF DATA. ANY LIABILITY OF OSL TO
YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER,
IF ANY, FOR USE OF THE SITE.
OSL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, QUALITY, SUBJECT OR LEGALITY OF ANY
CONTENT MADE AVAILABLE THROUGH THE SITE BY CUSTOMERS. THE USE, DISTRIBUTION, OR
PUBLICATION OF ANY CONTENT WITHIN THE SITE DOES NOT CONSTITUTE OR IMPLY AN
ENDORSEMENT BY OSL OF SUCH CONTENT, OR OF ANY OPINIONS OR COMMENTS CONTAINED IN SUCH
Choice of Law
THESE RULES REPRESENT THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND OSL AND MAY NOT
BE MODIFIED BY A CUSTOMER EXCEPT BY A SIGNED WRITTEN AGREEMENT. THIS AGREEMENT SHALL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF TEXAS. IF ANY PROVISION
OF THESE RULES SHALL BE DECLARED BY A COURT TO BE INVALID, ILLEGAL, OR UNENFORCEABLE,
SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS
SHALL REMAIN IN FULL FORCE AND EFFECT.
OSL explicitly disclaims any responsibility for the accuracy, content, or availability
of information found on sites that link to or from third parties not associated with
OSL. OSL cannot be held responsible for the accuracy, copyright compliance, legality,
or decency of material contained in third-party sites, and you hereby irrevocably
waive any claim against OSL with respect to such sites.
OSL cannot ensure that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from the Site. OSL does not endorse
any of the merchandise, nor has OSL taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites. OSL does
not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might
be requested to give any third party, and you hereby irrevocably waive any claim
against OSL with respect to such sites.
All material on the Site, including, without limitation, text, software, photos, and
graphics, are protected by U.S. and international copyright laws, both as individual
works and as a collection. The downloading or use of copyrighted material provided
by OSL or a third-party content provider is allowed by Customers for personal use.
The entire content of the Site is copyrighted by OSL as a collective work under the
United States Copyright laws. The copying, reproduction, or publication of any part of
the Site unless expressly authorized in writing by OSL is prohibited.
OSL retains the right to amend this agreement from time to time, and your continued
use of the Site constitutes your acceptance of such amendments. If you find changes
in these terms in some way that are unacceptable, you agree to discontinue your
use of the Site.
Notice to Customers
All notices in connection with the Site and this Agreement shall be sent via e-mail.
The e-mail notice shall be deemed received when it is sent whether or not the
e-mail notice has been read or opened.
This 'Terms of Service Agreement' is a legal contract.