AISD Website Builder is a site specifically for teachers, students, librarians, researchers, professors, administrators, corporate trainers and anyone else involved in education.
The following terms and conditions govern all use of the AISD Website Builder website and blogging platform. AISD Website Builder is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by AISD (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using AISD Website Builder. By accessing or using any part of AISD Website Builder, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access AISD Website Builder or use any included services. If these terms and conditions are considered an offer by AISD Website Builder, acceptance is expressly limited to these terms.
1. Creating an Account and Blog. AISD Website Builder is intended to be used only by students, teachers, and educators. Students under 13 may only create accounts and/or blogs under the express approval and supervision of their teachers or school. The teacher or school is responsible for ensuring that use complies with local laws and policies.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to AISD Website Builder, post links on AISD Website Builder, or otherwise make (or allow any third party to make) material available by means of AISD Website Builder (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by AISD Website Builder or otherwise.
By submitting Content to AISD Website Builder for inclusion on your Website, you grant AISD Website Builder a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, AISD Website Builder will use reasonable efforts to remove it from AISD Website Builder, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, AISD Website Builder has the right (though not the obligation) to, in AISD Website Builder’s sole discretion (i) refuse or remove any content that, in AISD Website Builder’s reasonable opinion, violates any AISD Website Builder policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of AISD Website Builder to any individual or entity for any reason, in AISD Website Builder’s sole discretion. AISD Website Builder will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. Premium service fees are not available at this time.
4. Paid Services.
- Fees; FREE Service. By signing up AISD Website Builder you agree to AISD Website Builder Terms of Service for the FREE Website Included by AISD Website Builder. All accounts can be canceled at anytime.
5. Responsibility of Website Visitors. AISD Website Builder has not reviewed, and cannot review, all of the material, including computer software, posted to AISD Website Builder, and cannot therefore be responsible for that material’s content, use or effects. By operating AISD Website Builder, AISD Website Builder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AISD Website Builder may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. AISD Website Builder may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AISD Website Builder disclaims any responsibility for any harm resulting from the use by visitors of AISD Website Builder, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through AISD Website Builder and webpages to which AISD Website Builder links, and that link to AISD Website Builder. AISD Website Builder does not have any control over those non-AISD Website Builder websites and webpages, and is not responsible for their contents or their use. By linking to a non-AISD Website Builder website or webpage, AISD Website Builder does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AISD Website Builder disclaims any responsibility for any harm resulting from your use of non-AISD Website Builder websites and webpages.
7. Copyright Infringement and DMCA Policy. As AISD Website Builder asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AISD Website Builder violates your copyright, you are encouraged to notify AISD Website Builder using this form here. AISD Website Builder will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AISD Website Builder or others, AISD Website Builder may, in its discretion, terminate or deny access to and use of AISD Website Builder. In the case of such termination, AISD Website Builder will have no obligation to provide a refund of any amounts previously paid to AISD Website Builder.
8. Intellectual Property. This Agreement does not transfer from AISD Website Builder to you any AISD Website Builder or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AISD Website Builder, the Abilene ISD logo, and all other trademarks, service marks, graphics and logos used in connection with Abilene ISD, or AISD Website Builder are trademarks or registered trademarks of Abilene ISD or Abilene ISD’s licensors. Other trademarks, service marks, graphics and logos used in connection with Abilene ISD may be the trademarks of other third parties. Your use of AISD Website Builder grants you no right or license to reproduce or otherwise use any AISD or third-party trademarks.
9. Changes. AISD Website Builder reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to AISD Website Builder following the posting of any changes to this Agreement constitutes acceptance of those changes. AISD Website Builder may also, in the future, offer new services and/or features through AISD Website Builder (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. AISD Website Builder may terminate your access to all or any part of AISD Website Builder at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AISD Website Builder account (if you have one), you may simply discontinue using AISD Website Builder. Notwithstanding the foregoing, if you have a Pro account, such account can only be terminated by AISD Website Builder if you materially breach this Agreement and fail to cure such breach within thirty (30) days from AISD Website Builder’s notice to you thereof; provided that, AISD Website Builder can terminate AISD Website Builder immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. AISD Website Builder is provided “as is”. AISD Website Builder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AISD Website Builder nor its suppliers and licensors, makes any warranty that AISD Website Builder will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, AISD Website Builder at your own discretion and risk.
12. Limitation of Liability. In no event will AISD Website Builder, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AISD Website Builder under this agreement during the twelve (12) month period prior to the cause of action. AISD Website Builder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless AISD Website Builder, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of AISD Website Builder, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between AISD Website Builder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AISD Website Builder, or by the posting by AISD Website Builder of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AISD Website Builder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.