TERMS OF SERVICE
This document outlines the Terms of Service for using Homeschool-Life.com™. The agreement is between the homeschool family that signs up to use Homeschool-Life.com™ for their group Web site (the 'Subscriber') and Excel Engineering, Inc., developer of Homeschool-Life.com™. The goal of this document is to outline the expectations and acceptable use of Homeschoool-Life.com™.
Use of Homeschool-Life.com™ does not require a long-term contract. This agreement is annual. We are confident that any homeschool family that uses the system will be extremely pleased with its capabilities and flexibility to allow almost anyone to manage information on the Web site.
Statement of Understanding
- DCHSA is based upon a distinctly Christian worldview. From this worldview stems our conviction that true education cannot take place apart from the acknowledgment of the one true Creator God and the authority of the Lord Jesus Christ. While member families are not required to be Christian or sign a doctrinal statement, we do want all to be aware of the educational philosophy that we promote. It is important for prospective members to understand that the membership guidelines and standards for behavior for our members are unapologetically based on the values and precepts derived from the Holy Bible.
- The DCHSA Board of Directors reserves the right, and has the sole discretion, to deny any application for DCHSA Membership if the applicant does not qualify for membership as defined in this Statement of Understanding, and also may summarily revoke DCHSA Membership and/or access to the DCHSA Website, for any violation of the Terms of Service, or for any cause whatsoever without notice or refund of membership fees.
- The membership roster of DCHSA is confidential and for the use of members only. Members will not give, loan, sell or otherwise distribute in any form, all or part of the roster to nonmembers of DCHSA. Any violation of this rule will result in termination of membership. Any use of the roster by a member for advertising, prospecting, mass mailing, or phone canvassing must have the approval of the DCHSA President or other board member authorized by the President.
- A member is defined as a person or family who: (a) currently homeschools, intends to homeschool within the next twelve months, or has homeschooled in the past, (b) agrees to this Statement of Understanding and Terms of Service, (c) has paid dues in full, and (d) has read and will uphold applicable portions of the Texas Education Code. (To read applicable sections of the Texas Education Code, click HERE to open it in a new window.)
1. Purpose of Agreement:
Subscriber desires to utilize Provider's Web services for the purpose of maintaining a presence on the Internet. Provider will provide services according to the terms and conditions set forth in this Agreement.
2. Services to be Provided:
Provider agrees to provide Subscriber with family access to Homeschool-Life.com™ for the purpose of joining their respective homeschool group web site. Homeschool-Life.com™ will provide all the necessary system requirements to run this application on the World Wide Web.
Subscriber agrees to pay an annual fee specified by their homeschool group to join their respective Homeschool-Life.com group web site. Provider reserves the right to suspend or discontinue service for any Subscriber who is more than 30 days past due for services rendered.
Homeschool-Life.com™ retains the right to terminate the service of any client who infringes or violates any terms of service listed here.
- The Provider reserves the right to summarily terminate access to the DCHSA Website for any violation of the Terms of Service, or for any cause whatsoever, at the sole discretion of the Board of Directors, without notice or refund of membership fees.
- The Subscriber also has the right to terminate this Agreement at any time.. Upon termination of this Agreement for any reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of termination.
5. Subscriber Obligations:
- The Subscriber agrees to use the system as defined by this agreement. The Subscriber recognizes Homeschool-Life.com™ need to uphold the law and Web site standards set forth in this agreement. The Subscriber therefore agrees to the following:
- DCHSA logos, organization names, or creative property (content, images, text, articles, video, or any other content produced by DCHSA or displayed on the Website) may not be duplicated in any way, or incorporated into any other creative or published work, downloaded, or uploaded to the Website, by anyone, or used for any purpose whatsoever without the authorization of the Board of Directors, except that DCHSA-originated information and announcement blog, forum, and resource pages may be stored, emailed, or printed for the Subscriber’s private use.
- The name of the Provider (“Denton County Home School Association” or “DCHSA”) may not be assigned to, or associated with, any event, activity, sports activity or league, information, announcement, assembly, organization, group, facility, website, individual, curriculum, publication, or content, without written authorization of the Board of Directors. In the event of any unauthorized use of the name of the Provider, the Provider will not be held liable in any way for any injury, accident, information, mishap, or harm resulting.
- DCHSA encourages free, open dialogue between its members with as little restriction or interference as possible. However, the Subscriber will not post any content that addresses or responds to a DCHSA member, another forum poster, content creator, advertiser, or subject matter in a demeaning, inappropriate, derogatory, threatening, menacing, disorderly, excessively confrontational, or argumentative manner.
- DCHSA exists to promote discussion and the free exchange of ideas and discussion among its members. However, the Subscriber will not post any content that is deliberately false or misleading, or communicate in a manner deemed inappropriate in a Christian association, or post content or promote organizations and philosophies that are undermining to the Provider’s organizational or philosophical mission.
- DCHSA is responsible to its own members to practice financial accountability and responsible administration of all official DCHSA functions, and to appoint qualified and approved directors and leaders for these functions. In the spirit of freedom and innovation that characterizes homeschoolers, DCHSA also strongly encourages privately created and administrated support groups, enrichment courses, organizations, activities, events, and functions. However, the Provider accepts no responsibility whatsoever for any such privately created and administrated functions, whether conducted by, or in association with, any of its members, or any organizations, individuals, or functions mentioned, recommended, linked, or referred to on the Website or announced or posted by its members or advertisers. The Subscriber may not use any DCHSA organizational name in a manner that implies ownership, support, responsibility, administration, or approval of DCHSA.
- The Subscriber will not use the Provider’s Website, tools, or resources to display announcements, posts, or advertisements designed for the purpose of, or deemed by the Board of Directors or authorized Website administrator to be, undermining, directly competing with, displacing, redundant, or disrupting of any officially authorized DCHSA function.
- All content uploaded to the Subscriber's Web site is the property of the Subscriber's homeschool group, or the Subscriber has obtained official permission from the content's rightful owner to display the content. This 'content' includes, but is not limited to: copyrights, trademarks, patents, graphics, photos, logos, intellectual property, written articles, or text of any kind that was taken from a third party source.
- The Subscriber will adhere to all Federal, State, and Local laws concerning the collection and dissemination of personal information taken from users through Subscriber's site.
- Will not use any of Homeschool-Life.com™ to send unsolicited emails, otherwise known as spamming.
- Will not post any content that is considered illegal under the law.
- Will not post any content that can be considered obscene, profane, libelous, or racist in nature.
- Will not post any content that is pornographic.
- Will not post any programs or files that are protected by copyrights against duplication.
- Will not post any programs that are malicious in nature, i.e. virus, worm, etc...
The System - The Provider owns all rights to all files, technology, and branding that comprises Homeschool-Life.com™ application and any associated graphics or graphical templates.
The Content - The Subscriber owns any content that is input using Homeschool-Life.com™. The Subscriber is therefore liable for all content on the site.
Both the Provider and the Subscriber agree to protect the information and rights each has in regards to The System and The Content. The Subscriber further agrees that Homeschool-Life.com™, its structure and applications, are the sole property of Excel Engineering, Inc. and that the Subscriber will not use its own access or give access to any third party to view Homeschool-Life.com™ to reverse-engineer any portion, in part or in whole, of Homeschool-Life.com™.
7. Right to Edit Announcements and Communications: DCHSA reserves the right to partially or substantially edit any posted Website content, including blog or forum posts, announcements, or any communications, for length or content, without notice. Also DCHSA reserves the right to edit or remove, without notice, any blog or forum posts, announcements, or any communications posted or intended for posting that are deemed inaccurate, incomplete, inappropriate, disruptive, confusing, or that are in violation of these Terms of Service.
8. Limited Warranty and Liability:
Homeschool-Life.com™ is provided 'as is' without any warranties. Excel Engineering, Inc. is not liable for any network, hardware, or software failures. If a Subscriber is dissatisfied with the service, the Subscriber can cancel the service with written notification to the Provider. The Provider will not refund the service fees for any prepaid months. Other than the foregoing, no warranty is made by Excel Engineering, Inc. regarding any information, service or product provided through, in connection with, or located on the computers of Excel Engineering, Inc. , and Excel Engineering, Inc. hereby expressly disclaims any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services, and (ii) any warranties of merchantability or fitness for a particular purpose.
9. Prohibition of Illegal Content and Activity:
Subscriber agrees to abide by all copyright, obscenity, and other laws governing content of publications in the United States of America and the State of Wisconsin. Furthermore, Subscriber agrees that Provider shall in no way be liable or held legally accountable for the content of Subscriber's materials or information stored on or transmitted from Provider's computers. If in the opinion of Provider's legal counsel, Subscriber's materials or information violate federal or state law, said materials may be removed or the Web site shutdown without warning or compensation.
10. Agreement Period:
This agreement is in force as long as the Subscriber is using Provider's services. Either party may terminate this agreement by giving 30 days' advance written notice to the other party. If neither party provides the other with a 30-day advance written notice of intent to terminate this agreement, it shall be automatically extended for the next month under the same terms of this agreement. This requirement of written notice shall not apply to termination of service by Provider in case of either late or non-payment as described in section 3 above, or of illegal activity as described in sections 5 and 8 above.
11. Termination of Agreement:
||Each party has the right to terminate this Agreement upon 30 days' written notice to the other party.
||Upon termination of this Agreement for any reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of termination.
12. General Provisions:
||This Agreement is the sole and entire Agreement between the parties relating to the subject matter hereof, and supersedes all understandings, agreements and documentation relating to such subject matter. Excel Engineering, Inc. reserves the right to make amendments to this agreement at its sole discretion.
||If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
||This Agreement will be governed by the laws of the State of Wisconsin.
||This Agreement does not create any agency or partnership relationship.
||This Agreement is not assignable by either party without the prior written consent of the other.