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Terms of Use
E-Locker & EZ Website
- User’s Responsibility for Accurate, Timely Information
You are responsible for providing E-Learning Academy (ELA) with accurate, timely information about yourself. ELA will use this information, in good faith, to contact you about your account and your data. If this information is incorrect, or ELA is unable to utilize it (e.g. the user’s mail system is not active), then ELA’s obligation to contact you is void.
- Passwords
ELA will not give out passwords over the phone or in response to an email request. ELA has no way to verify the identity of the person contacting us. You must either contact your school’s E-Locker administrator (for E-Locker only) or use the secret question to change your password.
- User Privacy
ELA endeavors to keep all user files private. However, as the system operator, ELA may need to look at a user's files and/or data if ELA believes it is necessary to protect ELA or other users from injury or damage. For example, if ELA has reason to believe a user is involved in unlawful activities that create any risk that the authorities could seize ELA's system, ELA will review that user's files and data for ELA's own protection. Further, ELA may randomly monitor user files and/or data to ensure that misuse does not occur. ELA endeavors to respect the privacy of its users but cannot allow the system to be a tool for illegal or other injurious or damaging activities. Therefore, if ELA believes certain users are connected with unlawful activities, ELA may disclose the related files and/or data to the authorities to protect ELA's system, ELA, and other users. In addition each school (district) may have an internal E-Locker administrator. This person will also have the ability and right to review user’s files if they have reason to suspect inappropriate material is contained in the E-Locker. The school-level administrators may also randomly monitor user files and data.
- Editorial Control
ELA does not monitor all messages and file transfers because of ELA’s desire to keep the message and file traffic moving quickly and smoothly. However, if ELA learns of messages or other activities that violate this Agreement or the Rules and /or threaten the order or security of the system, including but not limited to abusive use of the system resources (i.e. bandwidth), ELA will, in its discretion, take appropriate action.
- Violation of Terms of Use
If ELA discovers that any users are violating this Agreement or the Rules, ELA may use its discretion to warn or lock out the user. If a user persists in usage that ELA has previously warned should not be conducted on ELA's system, ELA reserves the right to take unilateral action up to and including removing the user's files and data from ELA's system and disabling the user's account. If the user has done anything to put ELA or other users in jeopardy, ELA may contact law enforcement authorities and hereby explicitly reserves the right to do so.
- Activity of Account
While ELA endeavors to prevent viable accounts and data from being purged prematurely, ELA is under no obligation to maintain abandoned accounts. You agree that lack of activity for one hundred and eighty (180) days or more conclusively indicates that a user's account is abandoned. Therefore, ELA reserves the right to remove and/or purge any data from its system if such data is in an account that has not been accessed by its user for a period of one hundred and eighty (180) days or more. At its own discretion, ELA may attempt, at least fifteen (15) days prior to deletion, to alert the relevant user of the pending deletion via his/her provided e-mail address or by contacting the school’s E-Locker administrator. You agree and acknowledge that no other notification is necessary. If the user does not respond to ELA, ELA will deem the account abandoned and the user's data may be immediately purged from the system. School will cooperate with ELA to keep participant accounts in use and contact data current.
- Limitation of Liability
ELA is not responsible for user files residing on ELA equipment. Users are responsible for independent backup of data stored at ELA. Users assume all risk of loss of such data and hereby explicitly relieve ELA of any responsibility for such data loss. Users hold ELA harmless for any loss of data arising from users' use of ELA and/or its services, including use of software provided by ELA. ELA STRONGLY ADVISES ALL USERS TO BACK UP DATA ON A REGULAR BASIS.
- Termination
This E-Locker service is effective until terminated by you or by ELA. You may terminate this E-Locker service at any time by destroying all materials obtained from ELA relating to E-Locker and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This E-Locker service will terminate immediately and without notice from ELA if, in ELA's sole discretion, you fail to comply with any term or provision of this Agreement. ELA, at its sole discretion, may terminate any user's account for any reason upon fifteen (15) days' notice. Upon termination of this Agreement, you must destroy all materials obtained from ELA relating to E-Locker and all related documentation and all copies and installations thereof, and whether made under the terms of this Agreement or otherwise.
- Miscellaneous
Non-enforcement of any section of this Agreement does not constitute consent or waiver and ELA reserves the right to enforce this Agreement at its sole discretion. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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