Date of Last Revision: July 31, 2011
You may not access HTE in any way unless you are 13 years old.
These are the rules that govern the education network for your school knows as HTE. By using HTE, you agree to the Terms of Service (hereby called as “TOS�?) described in this document, which lays out the rules, and obligations that you agree to. Services through HTE are provided in consideration of your promise to observe these rules.
HTE provides its members with access to a rich collection of services, including various communications tools, boards, applications, networking services, events, attachments, search services, personalized content. You understand and agree that HTE may include certain communications from HTE, such as service announcements, administrative messages and invitations to participate in promotional activities. Receiving these communications is a condition of your HTE membership, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current service, including, but not limited to, the release of new HTE features, applications and promotional campaigns, shall be subject to the TOS. You acknowledge and agree that the Service is provided 'AS-IS' and that HTE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to HTE and that access may involve third party fees (such as Internet Service Provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access HTE.
In consideration of your use of HTE, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the HTE registration form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if HTE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that HTE may, in its sole discretion, suspend or terminate your account and refuse any and all current or future use of HTE (or any portion thereof). Note also, that HTE reserves the right to suspend or terminate any Member or account for no reason. You acknowledge and agree that HTE is not liable for any information lost including but not limited to, images, friendship connections, etc.
You will have a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HTE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that HTE is not liable for any loss or damage arising from your failure to comply with the TOS.
You acknowledge and agree that all data, information, friends, text, music, photographs, videos, attachments, artwork, images, messages and other content posted either publicly or privately on HTE are the sold responsibility of the person originating the content. You acknowledge and agree that HTE is not responsible for any content that you post, upload, transmit, email or otherwise make available on HTE. You acknowledge and agree that HTE does not control the content posted by users on HTE and, as such, does not control the accuracy, integrity, quality or any aspect of such content. You understand that by using HTE, you may be exposed to content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is HTE liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via HTE. Besides this, you also agree to not use HTE for:
making available any content by means of uploading, posting, emailing, transmitting or otherwise making available that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity , pornography, sexually explicit, weapons, violence, or drugs; harming minors in any way; collecting or storing personal data about other users 'stalking' or otherwise harass another offering any contest, giveaway, or sweepstakes providing material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act intentionally or unintentionally violating any applicable local, state, national or international law interfering with or disrupting the service or servers or networks connected to HTE, or disobey any requirements, procedures, policies or regulations of networks connected to HTE disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members’ ability to engage in real time exchanges uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships forging headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service impersonating any person or entity, including, but not limited to, a HTE staff member, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity
You acknowledge and agree that HTE does not claim ownership of content you submit on HTE. However, with respect to content you submit on HTE, you grant HTE the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable:
With respect to content you submit on HTE, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on HTE for the purpose for which such content was submitted or made available and for any promotional and commercial purposes by HTE or by third parties at HTE’ sole discretion. For the avoidance of doubt, HTE may continue to make available such content on the network and HTE will continue to have the aforementioned rights even if your account is terminated.
You acknowledge and agree that your feedback, comments and suggestions about HTE may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity
You acknowledge and agree that HTE may establish general practices and limits concerning use of HTE, including without limitation the maximum number of days that private messages, message board postings or other uploaded content will be retained, the maximum number of private messages that may be sent from or received by an account, the maximum size of any private message or post that may be sent from or received by an account, and the maximum disk space that will be allotted on HTE’ servers on your behalf. You agree that HTE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or through HTE. You acknowledge and agree that HTE at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that HTE reserves the right to modify these general practices and limits from time to time and without notice to you.
HTE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, HTE (or any part thereof) with or without notice. You agree that HTE is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that HTE may, under certain circumstances and without prior notice, immediately terminate your HTE account, any associated other accounts, and access to HTE. Cause for such termination shall include, but is not limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to HTE (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your HTE account includes (a) removal of account access to all offerings within HTE available with a password, including but not limited to Private Messages and images that are password protected, (b) deletion of your password, and (c) barring further use of HTE. Further, you agree that all terminations may be made in HTE sole discretion and that HTE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to HTE.
You expressly acknowledge and agree that HTE shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangibles (even if HTE has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) messages received from the HTE; (III) unauthorized access to or alteration of your content, transmissions or data; (IV) statements or conduct of any third party on HTE or (V) any other matter relating to HTE.
Other HTE members, with whom you choose to associate, connect, interact and/or share content and could use your content and/or likeness in a manner you dislike, disapprove of or otherwise find offensive. however, you agree not to assert any claims, actions or demands against HTE in connection with such use or activities, whether such use or activities are authorized by these TOS or not.
You agree that, except as otherwise provided in this TOS, there shall be no third party beneficiaries of this agreement.
HTE reserves the right to change the price of services and to institute new charges in future.
HTE respects intellectual property of others and we ask that our users do the same. HTE may in appropriate circumstances and at its sole distretion, terminate and/or disable accounts of users who HTE believes may be infringing on copyrighted material. HTE also reserves the right to terminate your account for such reasons.
If you believe that your work has been copied in a way that constitutes copyright infringement or if your intellectual property rights have been otherwise violated, please provide HTE’ Copyright agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed Identification of works or materials being infringed Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner
HTE Agent for notice of claims of copyright or intellectual property infringement can be reached as follows,
By Email: email@example.com
HTE will consider the information you provide and other information it may obtain. In its sole descretion, and notwithstanding the permissions you provided in this TOS, HTE may remove any content that it finds to have infringed on your rights.
Please report any violations of this TOS to firstname.lastname@example.org