Internet Access and E-Mail ServicesTERMS OF SERVICE
1. Purpose of Internet Access and E-Mail Services
Educational Service Center Region 11 ("ESC Region 11") provides limited Internet access to Region 11 school campuses and districts in support of their educational mission.
For the purpose of these Terms of Service ("TOS") and, "Internet Access" or the "System" refers to the Internet Access and E-mail Services provided to Users by ESC Region 11 and Participants as described herein. "Participant" refers to school campuses, districts or other entities which are provided Internet services by ESC Region 11. "Teacher" includes teachers as well as school librarians and other school employees, contractors, and consultants responsible for computer labs or other computer facilities provided for Users of Internet Access, or who use the System. "User" refers to students or other individuals, including Teachers and other School employees, using the services described herein, as allowed by any Participant.
ESC Region 11 provides Internet services to Participants under the conditions described in this document. In order to provide as secure, stable and educationally profitable service as possible, ESC Region 11 requires all Participants to agree to these Terms of Service. ESC Region 11 reserves the right to limit, restrict, or deny service to any Participant, Teacher, employee, user or student if ESC Region 11 in its sole discretion determines that continued provision of service is detrimental to its ability to provide a quality, stable, secure and valuable service. Participants with repeated actions which result in damage or disruption to the System and that require additional staff hours to correct the problems may be assessed costs of $45 per hour for such work, not to exceed $1,000 per incident.
4. Participant responsibilities
Participants are responsible for:
A. Providing and enforcing appropriate Acceptable Use Guidelines as defined by the district which include the provisions of the Children Internet Protection Act (CIPA) for teachers, students, and all users.
B. Providing appropriate User training for use of Internet Access and E-mail Services, including training on the content and meaning of the Participants applicable Acceptable Use Guidelines.
5. Disclaimer of Warranty and Limitation of Liability
ESC Region 11 Internet Access and E-mail services are provided on an "as is," "as available" basis. ESC Region 11 makes no warranties of any kind, whether expressed or implied, including, without limitation, those of merchantability and fitness for a particular purpose with respect to any of the Internet services provided by ESC Region 11, including any information obtained through the Internet. This limitation of liability includes loss of data, service delays or interruptions, and is in addition to any other limitations of liability as may be provided by law. ESC Region 11 specifically denies any responsibility for the accuracy or quality of information obtained through ESC Region 11 Internet Access and E-mail services, or for access or receipt by Users of inappropriate content. Use of any information obtained through Internet Access and E-mail services is at the Participant and User's own risk.
Participants agree to indemnify and hold ESC Region 11, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use or misuse of Internet Access or E-mail services by any Participants or Users, or out of any Participant's violation of these Terms of Service, or out of any User's violation of the applicable Acceptable Use Guidelines.
7. Acceptance of Terms
By virtue of their use of the Internet Access and/or e-mail services provided by ESC Region 11, Participants agree to abide by these Terms of Service and to abide by and enforce their applicable Acceptable Use Guidelines. ESC Region 11 provides Internet Access subject to these Terms of Service, which may be updated from time to time by ESC Region 11. Participants may review the most current version of the TOS at any time at http://www.esc11.net/TOS.htm. In addition, Participants shall be subject to the Participants applicable Acceptable Use Guidelines, and any posted guidelines or rules applicable to Internet Access which may be posted on http://www.esc11.net/ or otherwise communicated to Participants from time to time. All such guidelines or rules are hereby incorporated by reference in the TOS.
Failure of a Participant to abide by the TOS may result in the revocation or suspension of Participant's access to Internet Access, and/or assessment of costs as provided herein.