Terms of Service

This Cyberschool Connect User Agreement (“CCUA“) is made by and between Interactive Educational Services. Inc. (Contractor) and District. This CCUA contains the terms and conditions that govern District use of one or more of the services provided by Cyberschool Connect (“Service”). District must be at least 18 years of age or the age of majority in the state or province in which you reside, to have the legal right and ability to enter into this BCUA and use the Service.

 

  1. Consent to Messaging. By using the Service, you expressly consent to receive messages in connection with the Service, including text, phone and email messages as described in the Service. Depending on the service plan you have selected with your wireless carrier, standard text messaging rates may apply in connection with sending or receiving text Please consult your wireless carrier for details.
  2. Message Content. Contractor does not pre-screen communications or monitor messages, although contractor reserve the right to do so. Contractor act as a passive conduit for the transmission of information of the sender’s own choosing in accordance with the terms herein. Contractor is not responsible for the content of any user-created posting, listing or message. It is the District decision to view content or engage with others. Contractor advises District to use its
  3. Impermissible Uses. District must not use the Service to harm others or the Service. District must not use the Service to harm, threaten, or harass another person, organization, or Cyberschool Connect. District must not damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, periodic caching of information stored by Cyberschool Connect, or metasearching) to access or use the Service. District may be able to access third-party websites or services via the Service; with the knowledge that Contractor is not responsible for such websites or services or content that may be available there. District will not provide data or send communications to an individual who has indicated that he/she does not wish to receive a communication from District.
  4. Content Distribution. District will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Service in a way that:
  • depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
  • incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
  • misrepresents the source of anything you post or upload, including impersonation of another individual or entity. provides or creates links to external sites that violate this CCUA.
  • includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • is intended to harm or exploit minors in any way.
  • is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old).
  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
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  • is illegal or violates any applicable local and national laws; including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, state “no-call” laws or laws related to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
  • threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
  • harms or disrupts, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
  • attempts to impersonate a Cyberschool Connect employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
  • promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
  • contains or could be considered ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘affiliate marketing’ or unsolicited commercial advertisement.
  • mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
  • attempts to manipulate the Service by violating any of the provisions of this CCUA, colluding with others on voting or using multiple profiles.
  • offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
  • contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
  • uses any form of automated device or computer program that enables the submission of postings without the express consent of District administrator.

 

If any of the above mentioned system security are violated, Contractor reserve the right to release evidence to law enforcement authorities and system administrators in order to assist them in resolving security incidents.

  1. No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while contractor strive to protect data, District accept that: (a) there are security and privacy limitations of the Internet which are beyond contractor control; (b) the security, integrity and privacy of any and all information and data exchanged between district and contractor through the Service cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
  2. Contractor is not responsible for delays, errors, failures to perform, interruptions or disruptions in the Service caused by or resulting from any act, omission or condition beyond our reasonable control, whether or not foreseeable or identified, including without limitation, the loss of, or improper access to data unauthorized access or interception of such data, transmission errors or corruption or security of information carried over telecommunication lines, failure of digital transmission links, hostile network attacks or network congestion, or acts of God, strikes, lockouts, riots, acts of war, governmental regulations, shortage of equipment, materials or supplies, fire, power failure, earthquakes, severe weather, floods or other natural disaster or the failure of your applications, hardware, software or communications equipment or facilities.
  3. Computer Equipment. Contractor is not responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Service.
  4. Account Information. The passwords and user names (collectively, “Account Information”), provided by contractor to District or set up by District, are deemed Confidential Information. District is responsible for knowing who has access to District’s applications, District-side security with respect to Account Information, and for activities that occur under District account. District must contact us right away if Distract suspects misuse of accounts or any security breach in the Service. District is responsible for all activity that takes place with District’s account and any associated accounts.
  5. Message Recipients. If District provides Contractor with contact information for recipients of messages (“Recipients”), such contact information (“Recipient Data”) will be accurate and complete. District represents and warrants that District has obtained all requisite permissions from Recipients to provide their data to Contractor. District will provide each Recipient with a facility to withdraw his or her permission, and will not send messages to such Recipient upon receipt of the withdrawal request. District will only provide Recipient Data for another person if District has that person’s express
  6. The SERVICE IS PROVIDED “AS IS” WITH NO GUARANTEE THAT IT WILL BE UNITERRUPTED OR IS ERROR FREE, OR THAT ANY TECHNOLOGY THAT DISTRICT USES TO ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, and Contractor expressly disclaims, to the maximum extent permitted by law, all representations and warranties relating to the Service, either expressly or impliedly, including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service is not intended, nor designed, for use in any HIGH RISK ACTIVITIES, OR IN ANY situation where failure of the Service could lead to death, personal injury, or damage to property, or where other substantial damage could result if an error occurred. District primary recourse in the event of an actual or potential threat to person or property should be the public emergency services (e.g., 911). No verbal or written representations, information or advice given by Contractor or its authorized representative shall create a warranty or in any way increase the scope of this warranty.
  7. Exclusive Remedy; Limitation of Liability. If District is dissatisfied for any reason with the Service, District sole remedy is to terminate this CCUA. If District suffers damages arising from or relating to the Service and a court of competent jurisdiction determines that Contractor conduct was a proximate cause of such damages, then Contractor aggregate liability to District will be limited to the lesser of (a) actual direct damages or (b) one hundred dollars. The existence of multiple claims will not enlarge the limits. Nothing contained in the foregoing, limits or excludes Contractor liability for liability which cannot be excluded by In no event will Contractor, our affiliates, officers, or employees, be liable for any indirect, punitive, reliance, special, consequential, or other damages of any kind or nature whatsoever, suffered by District or any third party arising out of this CCUA or the transactions contemplated hereby, even if Contractor has been advised of the possibilities of such damages or should have foreseen such damages.
  8. A printed version of this CCUA, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this CCUA, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  9. Term and Termination. Contractor may change the Service or delete features at any time for any reason. A particular Service may be a prerelease version—and may not work correctly or in the way

a final version might work. Contractor may significantly change the final version or decide not to release a final version. We may cancel or suspend District access to the Service at any time without notice and for any reason. If District Service is canceled, District right to use the Service stops immediately. If Contractor cancel District’s Account Information, District right to use the Service stops immediately. There is an early termination fee if the customer terminates the service in less than 3 year(s). See Exhibit A.

  1. Governing Law. This CCUA will be treated as though it were executed and performed in the State of California, United States of America, and shall be governed by and construed in accordance with the laws of the State of California. Both parties agree to submit to a jurisdiction in California and further agree that any cause of action arising under this CCUA may be brought in a court in Kern County, California. Any cause of action by District with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections In the case of a dispute, the prevailing party will be entitled to actual attorney fees and costs. Nothing in this CCUA is intended to confer any legally enforceable rights upon any third party. All notices under this CCUA shall be in writing. Notices to Contractor must be sent to the contact at the address set forth at the end of this CCUA or such other address Contractor provides. Notices to District may be sent to the email address supplied for District’s account or we may broadcast notices or messages through our Service.

 

  1. Any notices herein provided to be given by either party shall be deemed given in writing and deposited in the US mail, postage prepaid and addressed as follows:

TO:      IES, Inc.

5401 Business Park S. Suite 108

Bakersfield, CA 93309

Phone:  (661) 859-1900

 

Either party with a written notice may change the address to which the notices are to be sent. Nothing herein shall preclude the giving of any notice by personal service.

  1. Fingerprint Clearance. Contractor will ensure that Contractor or any employees of Contractor performing services for the District will have minimal contact with students. Consequently, the District has determined pursuant to Education Code 45125.1 (d) that employees of Contractor are not required to have been cleared by a fingerprint check performed by the California Department of Justice.
  2. 17. Copies of Agreement. This Agreement is executed in counterparts, each of which shall be deemed a duplicate original.
  3. 18. Independent Contractor Status. This Agreement is by and between independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.