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TO BE BOUND BY ITS TERMS AND CONDITIONS.
By using IBM MentorPlace in any manner, you agree to the terms of use
described in this agreement. If you do not wish to
comply with the terms
of this agreement, please do not use this Service. We reserve the right,
at our discretion, to change, add to, or remove these terms
at any time.
As a teacher using IBM MentorPlace with your class and/or any of your students,
your acceptance of these terms will constitute acceptance on behalf of all
participating students. |
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CHILDREN
UNDER 13 YEARS OF AGE |
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Children
under 13 years of age may not use the Service until and unless a legally
authorized parent or guardian has submitted written permission to
the school or institution that is offering the service. By allowing
a child under the age of 13 to use the service, you are representing, warranting and affirming
that you have received consent from a legally authorized parent or
guardian of that child.
Please note that your IBM MentorPlace Coordinator is obtaining and
maintaining copies of the parent permission form for every student
participating in the program. |
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INTERNET
SECURITY |
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IBM MentorPlace
is a closed system, intended to be accessible only to the licensee and the licensee's
community. The licensee can allow access only to and from the licensee's
Service community. ePals and licensee agree to incorporate by reference
the Safety and Security documents attached hereto as Exhibit A ("Do's
and Don'ts for Mentors). If, at the licensee's discretion, certain
elements of the community are opened to the public in general, the
following conditions will apply. We make every effort to ensure that
Internet communications are safe and secure for all parties. By using
the Internet, you may be subject to various risks, including among
others:
- Exposure to objectionable material and/or parties, including
without limitation, contaminated files.
- Spoofing, eavesdropping,
sniffing, spamming, breaking passwords, harassment, fraud, forgery,
"imposturing", electronic trespassing, tampering, hacking, nuking,
system contamination including without limitation use of viruses,
worms and Trojan horses causing unauthorized, damaging or harmful
access and/or retrieval of information and data on your computer and
other forms of activity that may even be considered unlawful.
- Unauthorized
exposure of information and material you listed or sent, on or through
the SchoolMail system to other users, the general public or any other
specific entities for which the information and material was not intended
by you.
Please note that in each and every Internet application, the
IP address of the sender is an integral part of the TCP/IP standard
protocol of the Internet, and can be extracted by any party to the
communication session using certain software and/or hardware.
European Union IBM MentorPlace users understand and consent to the processing
of personal information in the United States and/or Canada.
If you leave the Service’s webpages, you may be entering one or more spaces on the web covered by different terms of Service and having different end user licensing terms. You acknowledge and agree that those trems may conflict with these and when on such other webpages, those terms of service and other agreements shall control. |
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PLEASE
BE CONSIDERATE TO OTHERS |
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We
are not responsible for the content or accuracy of any information
posted by users. However, we will not tolerate derogatory, harmful
or unlawful conduct on this Service. You will not upload to, distribute
through, or otherwise publish through IBM MentorPlace any content which
is libelous, defamatory, obscene, pornographic, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise give rise to liability
or violate any law. Licensees and their users shall remain solely
responsible for the content of their messages. |
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WE
RESPECT USERS' PRIVACY |
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It is our policy
to respect the privacy of our users. However, we maintain the right
to monitor or be alerted to specific contents of a user's IBM MentorPlace
participation, if, in our discretion, we believe that such action
is necessary to (1) comply with the law, or (2) act in an emergency
to protect the personal safety of our guests or the public.
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PLEASE
OBSERVE OUR PROPRIETARY RIGHTS |
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This
site is operated by ePals and its affiliates. No content or material
from ePals or any website or network owned, operated, licensed,
or controlled by ePals may be reproduced, republished, uploaded,
posted, transmitted, or distributed in any way.
Modification of the materials or use of the materials for any other
purpose is a violation of ePals's copyright and other proprietary
rights. The unpermitted use of any such material on any other website
or networked computer environment is prohibited. All trademarks, service
marks, and trade names are proprietary to ePals.
In the event you download software from this site, the software, including
any files, images incorporated in or generated by the software, and
data accompanying the software (these are all referred to as the "Software")
are licensed to you by ePals. ePals does not transfer title to
the Software to you. You own the medium on which the Software is recorded,
but ePals retains full and complete title to the Software, and all
intellectual property rights therein. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form. |
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PLEASE
READ THESE IMPORTANT DISCLAIMERS |
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THE
MATERIALS ON THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, EPals DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. EPals DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. EPals DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
EPals USERS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ePals USERS ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF THEIR PASSWORDS AND ACCOUNTS to the extent it is within their possession
and control.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
WILL ePals BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN
IF ePals OR AN EPals AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ePals' TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT
PAID BY USER TO USE THE SERVICE or $50,000, whichever is less.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See Notice and Procedure for Making Claims of Copyright
Infringement below. |
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THIS
AGREEMENT MAY BE TERMINATED |
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The
terms of this Agreement are effective until terminated by either party.
You may terminate these terms at any time by destroying all ePals
materials obtained from any and all ePals site(s) and all related
documentation and all copies and installations thereof, whether made
under the terms of this Agreement or otherwise.
We will terminate this Agreement immediately without notice if,
in our discretion, you fail to comply with any term or provision of
this Agreement. Upon termination, you must destroy all ePals materials
obtained from this site, and all copies thereof, whether made
under the terms of this Agreement or otherwise.
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APPLICABLE LAW |
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This Agreement will be governed
by and construed in accordance with the laws of the Unites States of America and the
Commonwealth of Virginia without giving effect to any principles of conflicts of law.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable,
then that provision will be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement between us
relating to the subject matter herein and shall not be modified except in writing,
signed by both parties.
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NOTICE
AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT |
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Notification
must be submitted to the following Designated Agent:
Service Provider(s): ePals
Agent Designated to Receive Notification of Claimed Infringement:
General Counsel and Vice President Finance
Full Address of Designated Agent to Which Notification Should be Sent:
13625-A Dulles Technology Drive
Herndon, VA 20171
Email: support@epals.com |
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