Terms and Conditions
These terms and conditions (“Terms of Service”), together with the Service Order Form and Acceptable Usage Policy, govern the provision of Edulence® services and Client’s use of said services as set forth in the respective Service Order Form (collectively, “Services”). As used in these Terms of Service, “Agreement” means, collectively, (1) these Terms of Service, together with (2) the Acceptable Usage Policy and (3) Service Order Form. If a conflict exists between these Terms of Service and the Service Order Form, the terms of the respective Service Order Form and/or the mutually agreed upon Schedules will take precedence.
A party seeking indemnification (“Indemnified Party”) shall provide the other party (“Indemnifying Party”) with prompt written notice of any claim or claims for indemnification hereunder, and the Indemnifying Party shall have the right to control and direct the investigation and defense thereof and related settlement negotiations. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in connection with the foregoing. The Indemnified Party may, at its sole option and at its own expense, participate in the claim or action with its own separate legal counsel, in which event the cost of such participation (including the cost of such separate legal counsel) shall be borne by the Indemnified Party. The exercise by an Indemnified Party of its option to participate in the claim or action and/or to select its own separate legal counsel shall in no way limit or modify the Indemnifying Party’s obligations set forth above in this Section 4.
Acceptable Usage Policy
Client agrees when using, or accessing Edulence’s servers and services that the following terms and conditions of this policy will be met:
Web, FTP, Publishing Content Policies
Edulence does not allow any of the following content, or links to such content, to be published using its servers or services:
Clients posting any of the above content on their sites will be notified using Client’s current email address on file, and given a 48-hour grace period to make any corrective actions. If no corrective actions are taken, Edulence will suspend the services of the account until a resolution is met between Edulence and Client. A repeated violation of this Policy may result in immediate cancellation of service without refund of any fees.
Client is not permitted to knowingly allow another website or hosting server to link to content files stored on Edulence servers. Client may not use hosting account as a remote storage server only.
Email Usage Policies
Edulence does not support unsolicited email messages sent by Clients of our services or system (also known as junk email or SPAM). Clients sending unsolicited email messages from our system, or using our services, will have all of their services suspended immediately without refund of any fees.
Clients found using our services or system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately canceled without refund of any fees.
Edulence respects the rights of copyright holders and publishers and requires all users to confirm they own the copyright or have permission from the copyright holder to upload content. We comply with the Digital Millennium Copyright Act (DMCA) and will promptly remove content when properly notified. Repeat infringers’ accounts will be terminated immediately and all uploaded media disposed of permanently.
An Edulence site may contain links to third party websites that are not owned or controlled by Edulence. Edulence has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Edulence will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Edulence from any and all liability arising from your use of any third-party website.