By using the Haikuls.com, myhaikuclass.com and web sites driven by the haiku LMS software (the "Service"), a service of HAIKU Learning Systems, Inc. (HAIKU), you and the users of this service are agreeing to be bound by the following terms and conditions ("Terms of Service").
HAIKU reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.haikuls.com/php/terms.php.
Violation of any of these agreements will result in the termination of your account. You agree to use the Service at your own risk and understand that HAIKU cannot and is not responsible for any information or data posted by users ("Content") posted on the Service and you nonetheless may be exposed to such materials.
Service:
This Service provides users with online access to information such as assignments and student grades, as well as acting as a communications medium to facilitate interaction between educators/teachers, students, and parents. The teacher determines the scope and nature of the information to make available to students and parents through the Service.
Account Terms:
1. You must be 13 years or older to use this Service.
2. If a child is under the age of 13, a parent or legal guardian MUST signup for an account under the parent's name. Any personal information identified with the student (such as: email address, first and last name) that we collect is therefore collected from the Parent or Legal Guardian.
3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
5. You are responsible for maintaining the security of your account and password. HAIKU cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. You agree to receive periodic emails from HAIKU announcing new features, upgrades or important announcements about our service.
Payment, Refunds, Upgrading and Downgrading Terms for Individual paid accounts:
1. A valid credit card is required for individual paying accounts. Free and corporate accounts are not required to provide a credit card number.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in individual account plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your account. HAIKU does not accept any liability for such loss.
Cancellation and Termination:
1. All of your Content and personal information will be immediately deleted from the Service upon cancellation.
2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
3. HAIKU, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. HAIKU reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices:
1. HAIKU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided to individual paying customers at any time by posting the changes to the HAIKU website (www.haikuls.com and myhaikuclass.com) or the Service itself or to corporate customers in writing.
3. HAIKU shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership:
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
2. HAIKU does not pre-screen Content, but HAIKU and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
General Conditions
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is only available via email to individual paying account holders and by email and phone to corporate accounts
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HAIKU, or any other HAIKU service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by HAIKU.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any HAIKU customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by HAIKU) of other HAIKU customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
11. HAIKU does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that HAIKU 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 (regardless of whether HAIKU has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service.
13. The failure of HAIKU to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HAIKU and govern your use of the Service, superceding any prior agreements between you and HAIKU (including, but not limited to, any prior versions of the Terms of Service).
14. You agree to hold harmless and indemnify HAIKU, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HAIKU will provide you with written notice of such claim, suit or action.
15. These Terms of Service will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Elkhart County, Indiana, and you consent to the jurisdiction of such courts.
Terms for Institutional Contracts
HAIKU reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.haikuls.com/terms.
Violation of any of these agreements will result in the termination of your account. You agree to use the Service at your own risk and understand that HAIKU cannot and is not responsible for any information or data posted by users ("Content") posted on the Service and you nonetheless may be exposed to such materials.
Service:
This Service provides users with online access to information such as assignments and student grades, as well as acting as a communications medium to facilitate interaction between educators/teachers, students, and parents. The teacher determines the scope and nature of the information to make available to students and parents through the Service.
Account Terms:
1. You must be 13 years or older to use this Service.
2. If a child is under the age of 13, a parent or legal guardian MUST signup for an account under the parent's name. Any personal information identified with the student (such as: email address, first and last name) that we collect is therefore collected from the Parent or Legal Guardian.
3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
4. You are responsible for maintaining the security of your account and password. HAIKU cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account.
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Cancellation and Termination:
1. All of your Content and personal information will be immediately deleted from the Service upon cancellation.
2. HAIKU, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. HAIKU reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices:
1. If your total number of licenses exceeds the initial contracted amount, HAIKU will bill you for the overage at your contracted, annual per license amount. This is calculated as the number of excess user licenses each month, summed daily and divided by number of days left on your annual contract. This charge applies to any and all user accounts in excess of the contracted number if active at any point for any period of time.
2. HAIKU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
3. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided to individual paying customers at any time by posting the changes to the HAIKU website (www.haikuls.com) or the Service itself or to institutional customers in writing.
4. HAIKU shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. If your total bandwidth usage exceeds 150 MB/month multiplied by the total number of invoiced licenses, you will be charged $2/month for each 1 GB of excess monthly bandwidth.
6. If your total file space used exceeds 50 MB multiplied by the total number of invoiced licenses, you will be charged $2/month for each 1 GB of excess file storage.
Copyright and Content Ownership:
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
2. HAIKU does not pre-screen Content, but HAIKU and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
General Conditions
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is only available via email to individual paying account holders and by email and phone to corporate accounts.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HAIKU, or any other HAIKU service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by HAIKU.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any HAIKU customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. HAIKU does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that HAIKU 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 (regardless of whether HAIKU has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service.
12. The failure of HAIKU to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HAIKU and govern your use of the Service, superceding any prior agreements between you and HAIKU (including, but not limited to, any prior versions of the Terms of Service).
13. You agree to hold harmless and indemnify HAIKU, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HAIKU will provide you with written notice of such claim, suit or action.
14. These Terms of Service will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Elkhart County, Indiana, and you consent to the jurisdiction of such courts.
