Terms of Service
Please read these Terms of Service ("TOS") carefully as they are the legal terms and conditions that you agree to when you use this online services provided to you by OS4ED (collectively, the "Service"). By using our Service you agree to be bound by these TOS which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register (sign-up) as a client of our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by this TOS.
This Service is operated by Open Solutions for Education, Inc. ("OS4ED"), a company incorporated under the laws of the State of Georgia, USA. OS4ED is also referred to in these TOS as "we" and "us".
OS4ED offers an online (web based) Student Information System services. OS4ED charges its clients fees based on number of students in the database for their hosted solution.
OS4ED uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of OS4ED. Every reasonable step will be taken by OS4ED to minimize such disruption where it is within the reasonable control of OS4ED. You agree that OS4ED shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Service for any reason and without notice at any time.
All brand, product and service names used in this Service which identify OS4ED or third parties and their products and services are proprietary marks of OS4ED and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of OS4ED or any third party with respect to any such image, logo or name.
From time to time OS4ED may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. OS4ED does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that OS4ED is not liable for any loss or damage that you may suffer by using other websites.
Amendment of the Terms
OS4ED reserves the right to amend these TOS from time to time with out any notice to you. You can review the most current version of the TOS at any time at : http://www.OS4ED.com/terms.php
Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia. Any disputes arising under or in connection with these TOS shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Georgia.
These TOS constitute the entire agreement between OS4ED and you with respect to your use of the Service. OS4ED 's failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these TOS is invalid, you agree that the remainder of the TOS shall be enforceable.
To sign-up or register as a client of OS4ED you must be 18 years or over. We reserve the right to refuse service to anyone for any reason at any time. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
After you become a client you will be provided with a user id and a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify OS4ED immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
Formation of a Binding Contract
No contract will exist between you and OS4ED for the supply of any services or products unless and until OS4ED accepts your order by a confirmatory e-mail, registered mail or other appropriate means of communication.
You are responsible for all of the content you upload using OS4ED's applications. You must have the legal right to upload and display the content that you upload.
You agree not to use the Service:
- For any unlawful purposes;
- To upload, post, share, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- To upload, post, share, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to OS4ED;
- To harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- To upload, post, email or otherwise transmit any material which is likely to cause harm to OS4ED or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
Violation of any of these agreements will result in the termination of your OS4ED account. While OS4ED prohibits such conduct and content on its site, you understand and agree that OS4ED cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the OS4ED service at your own risk.
You further agree that you shall not:
- Interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
- provide any information to OS4ED that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
- make duplicate user accounts to bypass account restrictions.
Monitoring of Content
OS4ED does not control the content of clients' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.
Suspension and Termination of Access and MembershipYou agree that OS4ED may at any time without notice:
- Refuse to accept your application to become a client of OS4ED;
- Move or suspend any part of the Service; or
- Terminate your account and delete any content stored in your account if, in OS4ED 's sole discretion, you fail to comply with any of these TOS or if a competent regulatory authority requires OS4ED to do so.
Disclaimer of Warranty and Limitation of Liability
OS4ED agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, OS4ED 'S SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY OS4ED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, OS4ED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO OS4ED, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, OS4ED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, OS4ED 'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF OS4ED' S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL. APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.