ACCEPTANCE OF TERMS
NOTE: For general web, course or log-in problems that are not related to access issues due to a user’s disability, contact TXVS Customer Support in the Helpful Links at the bottom of TXVS.ORG
Any 3rd Party Content uploaded or otherwise made available by a 3rd Party is and remains the sole property of the 3rd Party or the 3rd Party licensors. By uploading or otherwise making available any 3rd Party Content, you automatically grant and/or warrant that the owner has granted TXVS, the perpetual royalty-free, non-exclusive right and license to use, reproduce, publish, distribute, display, and transmit the 3rd Party Content through the channel into which you have uploaded or authorized TXVS to upload the 3rd Party Content.
TXVS Websites are to be used for the purpose of accessing the education program licensed by or for the benefit of the User(s). TXVS grants the User the non-exclusive, non-transferable, limited license to access, visit, use, view, and print the Content, solely for the User’s own personal non-commercial use in connection with such education program, provided the User keeps intact all copyright and other proprietary notices. Use of the Content or materials for any purpose not expressly permitted in these Terms is prohibited.
Users may not (1) remove, obscure, or alter the Content in any way except as agreed to in writing by TXVS, (2) use TXVS Websites in any manner that could damage, disable, overburden, or impair any TXVS server or the network(s) connected to any TXVS server, or interfere with any other party’s use and enjoyment of TXVS Websites, 3) gain or attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any TXVS server through hacking, password mining, or any other means, or 4) obtain or attempt to obtain any materials or information through any means not intentionally made available through TXVS Websites.
Any use of TXVS for the following purposes is strictly prohibited. By using TXVS Websites, you agree that you will NOT
- Send, receive, or display pornographic, obscene, sexually explicit material, or any material harmful to minors
- impersonate any person or entity (through the use of their password or other means), including any employee or representative of TXVS
- copy or distribute content included in TXVS Websites (including postings on the Message Boards, WebMail messages, or curriculum materials, including answer keys) without the owner’s permission
- solicit or collect information about the Users or members of this site, especially for the purpose of transmitting, or facilitating transmission of, unsolicited or bulk electronic email or communications
- use the school-provided communication services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise)
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property
- solicit or collect personal information (including name, address, and phone number) from anyone under eighteen (18) years of age without verified parental consent
- display threatening or offensive material, including using swear words, offensive, vulgar, or obscene language
- display racist, prejudiced, or discriminatory messages or pictures
- violate any state or federal law
- reveal another User’s or a minor’s personal address, phone number, or similar information to others without their consent or verified parental consent
- violate any copyright, trademark, patent, trade secret, or other intellectual property laws or otherwise use intellectual property of another individual or entity without the owner’s permission—this includes providing links to and including other copyrighted or trademarked material from third parties in TXVS Websites (including posting on the Message Boards or in WebMail messages) without permission as well as using any trademarks, service marks, or other marks in social media or other websites without the owner’s permission
- trespass in another’s folders, work, or files
- promote commercial activities except as agreed to in writing by TXVS
- advertise products or services or engage in political lobbying
- defame, harass, insult, abuse, stalk, threaten, attack, or otherwise violate the legal rights (such as privacy and publicity) of another person or interfere with another person’s work, including, but not limited to, sending unwanted WebMail messages or e-mail
- provide material support or resources to (or conceal the nature, location, source, or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Each User will have a user name and password (the “Log-in Information”) for the purpose of accessing TXVS Websites and the Content. Users must keep all Log-in Information strictly confidential, and all Log-in Information may be used only by the assigned User. Users are responsible for maintaining the security and confidentiality of all Log-in Information and for preventing access to TXVS Websites and/or the Content by unauthorized persons using a User’s Log-in Information. Users are responsible for any and all activities that occur under their account. Users must notify TXVS immediately of any unauthorized use of their account or any other breach of security. Notwithstanding the foregoing, certain employees of TXVS will be permitted to “log in as” someone other than themselves, after receiving the approval of their supervisor and undergoing specific training.
The User acknowledges and agrees that certain of the information available on TXVS Websites is protected by various copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights and laws and may only be used as permitted by law and with the permission of the owner. Except as expressly authorized by TXVS, Users may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from or otherwise exploit the Content or features in TXVS Websites in any form or medium. Users are fully responsible for their own use and for ensuring such use does not infringe on the rights of TXVS or third parties. In addition to potential legal action, any unauthorized use including copying or reposting of TXVS or third-party intellectual property may result in one or more of the following: termination of access to TXVS Websites, school-based disciplinary action, and/or removal from the school, course offering or program of study.
Content is owned or controlled by TXVS or the third party credited as the provider of the Content, and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of TXVS. If you have any copyright concerns about any materials posted on TXVS Websites by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). Unless otherwise stated in any specific DMCA designation provided by TXVS, please provide us with written notice (“Notice”) by contacting our Designated Agent at firstname.lastname@example.org
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit TXVS to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on TXVS Websites(“Infringing Material”), and information reasonably sufficient to permit TXVS to locate such material on TXVS Websites;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on TXVS Websites are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TXVS Websites may contain links to other websites or other resources that are provided for the User’s convenience. Unless otherwise noted, these linked sites are not under the control of TXVS and TXVS is not responsible for the content available on third-party-linked sites. TXVS makes no representations, warranties, or other commitments whatsoever about any third-party websites or third-party resources that may be referenced, accessible from, or linked to TXVS Websites. A link to a website does not mean that TXVS endorses the content, the website owner or use of such website. In addition, TXVS is not a party to or responsible for any transactions the User may enter into with third parties, even if the User learns of such parties (or uses a link to such parties) from TXVS Websites. Accordingly, the User acknowledges and agrees that TXVS is not responsible for the availability of such external websites or resources, except where specifically contracted for, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.
TXVS controls and operates TXVS Websites from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use TXVS Websites from other locations, you are responsible for compliance with applicable state and federal laws, including, but not limited to, export and import control laws and regulations of the United States. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or connecting to TXVS Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Warranty and Other Disclaimers
TXVS is committed to ensuring the accuracy of all information included in TXVS Websites, subject to the following limitations:
- TXVS will use reasonable efforts to keep the information current and to ensure the accuracy or completeness of materials available through TXVS Websites. However, materials available through TXVS Websites are not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or typographical errors.
- The User acknowledges that TXVS is not liable for the conduct of any party using TXVS Websites or for any defamatory, offensive, infringing, or illegal materials contained on TXVS Websites, and TXVS reserves the right to correct any errors or omissions and remove any materials from TXVS Websites at its sole discretion and without liability of any kind.
Disclaimer of Warranty
USE OF TXVS WEBSITES OR ANY COMMUNICATION SERVICE IS AT THE USER’S SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TXVS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TXVS MAKES NO WARRANTIES OR GUARANTEES THAT TXVS Websites WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE USER UNDERSTANDS AND AGREES THAT IF THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, THE USER DOES SO AT THE USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO THE USER’S COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL TXVS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE TXVS WEBSITES OR ANY COMMUNICATION SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TXVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TXVS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE USER HEREBY RELEASES AND FOREVER DISCHARGES TXVS, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER’S MINOR CHILD(REN)’S USE OF TXVS WEBSITES OR ANY COMMUNICATION SERVICE. THE USER UNDERSTANDS THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF HIS OR HER USE OF TXVS WEBSITES REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
Upon request by TXVS, the User agrees to defend, indemnify, and hold harmless TXVS and its affiliates, employees, contractors, officers, directors, third-party content providers and licensors from all liabilities, claims, and expenses, including attorney’s fees, which arise from the User’s use or misuse of TXVS Websites, Content, or any Communication Services. TXVS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with TXVS in asserting any available defenses.
Governing Law, Choice of Law, and Forum
The use of TXVS Websites shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the User’s use of TXVS Websites shall be filed only in the state or federal courts located in the State of Texas, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Except for other agreements signed by the User with TXVS, these Terms constitute the entire agreement between the User and TXVS with respect to use of TXVS Websites. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination of Use
If the User violates these Terms, the User may be barred from future use of TXVS Websites and/or subject to legal action. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of TXVS Websites (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account may include (x) removal of access to all offerings within TXVS Websites, (y) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (z) barring of further use of TXVS Websites. Further, you agree that all terminations for cause shall be made in TXVS’ sole discretion and that TXVS shall not be liable to you or any third party for any termination of your account, or access to TXVS Websites.
Additional Terms Applicable to the TXVS Community of Schools
WebMail, Message Boards, and Other Communication Services
TXVS offers an internal email system, TXVS WebMail as a service to certain Users in connection with those education programs that provide for webmail service. Webmail allows those Users to interact with other TXVS Webmail Users. TXVS cannot guarantee the security of any information that such Users disclose in TXVS WebMail messages, and the Users do so at their own risk. Sent WebMail messages are accessible only to the author and recipients, as well as other authorized personnel for the purpose of maintaining system integrity and to ensure that Users are acting responsibly and legally as required by these Terms. TXVS WebMail messages are also not guaranteed to be private and may be monitored. Messages relating to or in support of illegal or obscene activities or that otherwise violate these Terms may be reported to the appropriate authorities and may result in the loss of privileges, removal from the User’s education programs, and/or legal action.
TXVS also operates academic Message Boards located within TXVS Websites to facilitate the exchange of ideas, information, and opinions between Users whose respective education program provides access to Message Boards. These Users may only use the Message Boards for structured clubs, activities, and other educational uses as specified by each school department and as described on each Message Board. The Message Boards contain contributions that represent only the opinions of their respective authors and do not express the opinions of TXVS. Use of the Message Boards is subject to the rules governing their use as provided on the boards.
In addition to the WebMail system and the Message Boards, TXVS may from time to time offer chat areas and/or other message or communication functionality designed to enable Users to communicate with others (each a “Communication Tool” and collectively “Communication Tools”). The User agrees to use Communication Tools only in compliance with these Terms and as described on each Communication Tool to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Tool.
Any information that you submit to be posted to a Message Board or other Communication Tool will be disclosed and available to all Users of that Communication Tool and is, therefore, no longer private. We cannot guarantee the security of such information that you disclose or communicate online in public areas, and you do so at your own risk. TXVS does not control or endorse the content, messages, or information found in any Communication Service; therefore, TXVS specifically disclaims any liability with regard to the Communication Services and any actions resulting from a User’s participation in any Communication Tools. All participants acknowledge that any reliance upon such content shall be at the sole risk of the person so relying.
Although TXVS has no obligation to do so, TXVS reserves the right (i) to monitor anything posted to a Message Board or other Communication Tools or anything sent via TXVS WebMail, and (ii) to remove anything which TXVS considers offensive or otherwise in breach of these Terms or for any other reason as TXVS deems necessary in its sole and absolute discretion. TXVS also reserves the right at all times to disclose any information as TXVS deems necessary to satisfy any disciplinary investigation, applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at TXVS’ sole discretion.
Use of School Work, Interviews, Photographs, and Videos
Users may have the opportunity to provide material for inclusion in TXVS Websites. This material may include the submission of work samples; participation in clubs; postings on the Message Boards; text or other submissions for newsletters, newspapers, and yearbooks; writing WebMail messages; etc. Users represent that they own and/or control all of the rights to User’s own material and that the public use of such material will not violate or infringe on the rights of TXVS or any third party.
WEB ACCESSIBILITY RESOLUTION PROCEDURE
This procedure is solely for reporting and addressing a user’s difficulties accessing a school website managed by TEXAS Virtual Schools, our online curriculum, or our Internet-based enrollment services (collectively, “TXVS Website”), that result from the user’s disability.
TXVS is committed to providing an online educational experience that is accessible to all of its students, teachers, learning coaches, and others regardless of the user’s disabilities to satisfy the requirements of Title II of the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973. TXVS strives to conform to the Web Content Accessibility Guidelines 2.0 Level AA (“Guidelines”) of the Web Accessibility Initiative, which have been adopted by Section 508 of the Rehabilitation Act, to provide equitable access to our web sites, courses and resources and presents this procedure to resolve problems that may occur. This Resolution Procedure sets forth our step-by-step approach to address the issues that may arise and which inevitability will vary by the type of disability and the technology available to address your issue. While members of the public in general may experience web accessibility problems, priority in addressing issues will be given to issues encountered by students, their parents/guardians, their learning coaches, our teachers and by persons interested in enrolling in our schools.
If a user experiences an issue using the TXVS website related to the user’s disability, the user should complete this form. Information in the form will be submitted to TXVS’ Accessibility Manager who will acknowledge receipt of the information within approximately two business days after receipt.
Upon acknowledging receipt and after receiving requested information necessary to identify the issue, the Accessibility Manager will initiate an investigation into the issues detailed on the form to try to determine the nature of the problem.
Upon completing the initial assessment, the Accessibility Manager will develop a written plan for further investigation, if necessary, and remediation. The investigation and remediation plan may be developed in consultation with one or more third parties.
Approximately ten business days after initiating an investigation into the reported issue, the Accessibility Manager will submit a proposed solution to the user who reported the issue with an explanation of next steps and, where applicable, a timeline for the implementation of the proposed remediation. There are some web accessibility problems for which there is not yet either a feasible technological solution or an assistive technology alternative. (For example, a text version for a complex image, graph or chart that contains pertinent information for a person who is visually impaired.) In such situations the Accessibility Manager will seek to develop an alternative solution to address the user’s particular disability Also, in the event that the Guidelines are insufficient to address a particular disability or impose an undue burden due to the nature of the content, TXVS will provide a remediation solution in a suitable alternative format (e.g., electronic text file or audio description) or manner where necessary.