WEBCOM TERMS OF USE

 

Kendall/Hunt Publishing Company™ is the provider of this course website and the related services to you. These services are subject to the following Terms of use.

 

You accept without limitations or qualifications these Terms of Use when you access, browse and use this website. Access to and use of this website is not permitted without your accepting these Terms of Use.

 

1.         WebCom Services

 

This course website comprises several services. This website is an on-line tool designed to assist professors and educators to enhance the educational process. This course website provides professors and educators with the opportunity to customize a website for use with their teaching.

 

Professors and educators will be able to provide to their students course information, course syllabi, policies, procedures, grading scale, and assignments and their due dates. Further, instructional resources such as E-Text material, supplemental resources, interactive exercises, learning materials, text and class discussions can be offered to the students.

 

Finally, the course website provides a place which enables professors, educators and students with the ability to communicate with one another. This course website offers access to e-mail, on-line discussion groups, scheduling of appointments, and allows the professor or educator to answer frequently asked questions from students.

 

Your account will expire automatically 160 days after you have registered to use this course website. Additionally, if you withdraw from the academic course that is utilizing this website, your account and access to this course website will be terminated. The professor, educator or teacher may terminate your account and access to this website at his or her own discretion.  If you drop the course, there are no refunds offered on the cost of the site.  However, if you take the course at a later date you need to contact the course coordinator and have your access to the site reinstated. 

 

2.         Privacy Policy

 

Since you and Kendall/Hunt Publishing Company™ are internet users, privacy is important. Therefore, you are referred to the privacy policy of this website.  Your continued use of this on-line course website is an affirmation that you have read the privacy policy, understand it, and assent to its terms and conditions, including subsequent changes and amendments. To read the privacy policy, please click on this link:  

privacypolicy.htm

 

 

3.         Registration

 

3.1 Registration.

You agree to provide Kendall/Hunt Publishing Company™ as provider of this website with true, accurate, correct and complete registration information as prompted by the registration. You must promptly update the registration information to keep it true, accurate, correct and complete. Any information you provide that is untrue, inaccurate, not correct, or incomplete, or if Kendall/Hunt Publishing Company™ has reasonable grounds to suspect such information is untrue, inaccurate, not correct or incomplete, then your account may be suspended or terminated by Kendall/Hunt Publishing Company™ without notice.

 

3.2 Account, Password and Security.

A password and account number will be issued to you upon the completion of your registering with this course website. The responsibility for maintaining the confidentiality of the password and account are yours and you are fully responsible for all activities, charges and liabilities associated with your account. If any unauthorized use of your account or password occurs, you must immediately notify the professor of your class and/or course. You are responsible for any unauthorized charges made on your account until Kendall/Hunt Publishing Company™ has received such notification. You cannot transfer this account to another person. If you have authorized or registered another individual to use your account, you are solely responsible for the online conduct of that individual, controlling that individual’s access to and use of this website, and any liability as a result of such misuse.

 

Kendall/Hunt Publishing Company™ as the provider of this course website may use your registration information to contact you, assist you or facilitate communication with other users. Additionally, your information may be accessed by staff at your educational institution servicing this course website.  Disclosure of your registration information is governed by Kendall/Hunt’s Privacy Statement found here.

 

4.         Users’ Conduct

 

You may only access and use this course website for lawful purposes. The user of this course website is responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations.  Kendall/Hunt Publishing Company™, is not responsible for the content that is uploaded, posted or transmitted by you or other third parties to this website. Since Kendall/Hunt Publishing Company™ does not control the content of what is uploaded, posted, or transmitted, it cannot guarantee the accuracy, integrity of quality, or legality of such content. Anyone who registers or uses this course website does so at his or her own risk and Kendall/Hunt Publishing Company™ shall not be liable in any way for the content, or for any loss or damage that may be incurred as a result of using any content or information transmitted via this website. Kendall/Hunt Publishing Company’s™ rights and protections as stated in these Terms of Use are equally applicable to any internet service provider that it has selected to host this course website.

 

You agree that you will not use this course website to:

(1)   Commit or caused to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;

(2)   Upload, post, e-mail or otherwise transmit any content that is unlawful, libelous, defamatory, harassing, abusive, invasive of another’s privacy, harmful, tortious, or obscene;

(3)   Harm any minors in any way;

(4)   Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;

(5)   Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity;

(6)   Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;

(7)   Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as “junk mail”, “spam”, “chain letters”, or “pyramid schemes”;

(8)    Alter, damage, or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website;

(9)   Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment;

(10)                       Disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges;

(11)                       Impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited to Kendall/Hunt Publishing Company™, for which you have no authorization to do so or to claim such a relationship;

(12)                       Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this website;

(13)                       Collect or store personal data about other users;

(14)                       Stalk or otherwise harass any individual; or

(15)                       Cause to be reproduced, duplicated, copied, used, distributed, sold, resold, or otherwise exploit in any manner for commercial use or purposes, any aspect of this course website or the associated services, use of this course website or the associated services, or access to this course website or the associated services.

 

5.         Content of Users

 

Any material, information or content that is uploaded by you or is otherwise made available by you on this course website is and remains your sole property or that of your licensors. You automatically grant and/or warrant upon your uploading or making available of such material, information or content that the owner of such material, information or content has granted Kendall/Hunt Publishing Company™ as the provider of this course website, a perpetual, royalty free, non-exclusive right and license to use, reproduce, modify, publish, distribute, display, perform and transmit the information or content through this website.

 

You further warrant that all such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libelous, or unlawful matter. In the event of a claim, demand or suit against Kendall/Hunt Publishing Company™ by reason of any violation of proprietary rights or copyrights, or by reason of any libelous, unlawful or otherwise injurious material uploaded, posted, e-mailed or otherwise transmitted via this website, you agree that Kendall/Hunt Publishing Company™ may take any action it deems appropriate for the resolution of such dispute. Further, you agree to indemnify and hold harmless Kendall/Hunt Publishing Company™ for expenses incurred in the defense of such claim, demand, or suit including attorney’s fees, and for any recovery finally obtained by the claimant as a result thereof.

 

6.         Professors, Educators and Authors as Users

 

All Professors, Educators and Authors that use this course website agree to create and to provide to the provider of this website all text and artwork in such a format as may be used with this website. The functional capabilities are those that have been agreed to between you and the provider of this website.

 

You, as a Professor, Educator or Author providing content for this website, warrant that you are the sole and exclusive owner of all materials uploaded, posted or otherwise transmitted on this course website and of the rights that have been granted to the provider of this website. You further warrant that such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libelous, or unlawful matter. In the event of a claim, demand or suit against Kendall/Hunt Publishing Company™ by reason of any violation of proprietary rights or copyrights, or by reason of any libelous, unlawful or otherwise injurious material uploaded, posted, e-mailed or otherwise transmitted via this website, you agree that Kendall/Hunt Publishing Company™ may take any action it deems appropriate for the resolution of such dispute.  Further, you agree to indemnify and hold harmless Kendall/Hunt Publishing Company™ for expenses incurred in the defense of such claim, demand, or suit including attorney’s fees, and for any recovery finally obtained by the claimant as a result thereof.

 

Each Professor, Educator and Author is responsible for the monitoring of the users, content, and “chat rooms” that are used on this course website.  Kendall/Hunt Publishing CompanyÔ does not provide any such monitoring.  Each Professor, Educator and Author must grant permission to a user to post information, content, or material on this course website and assumes all liabilities that may arise as a result of either granting, or failing to grant, such permission.

 

All other terms and conditions agreed to for use of this website between Professors, Educators and Authors and Kendall/Hunt Publishing Company™ are to be given full effect.

 

7.         Indemnification by Users

 

You agree to indemnify and hold harmless Kendall/Hunt Publishing Company™, and its affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorney’s fees, made by you or by any third party because of or arising out of material or information you submit, post to or transmit through this website and its services, your use of this website and its services, your connection to this website and services, your or any third party’s breach or violation of these Terms of Use or Privacy Statement, or your violation of any rights of third parties.

 

8.         Copyright

 

You acknowledge that, except for original work authored by you, this course website, its services, the technology used in connection with this course website or related services, and any and all software, material, information, texts, animations, photos, data, graphics, links, communications and any other material or content that is available within this course website are the copyrighted works of Kendall/Hunt Publishing Company™, the authors thereof, and/or other third parties.  Your posting or transmission to this website of original work authored by you shall constitute a grant of a perpetual, non-exclusive, royalty-free license to Kendall/Hunt Publishing CompanyÔ and its service provider to use, reproduce, and distribute such work in all media in connection with this website.

 

Except for original work authored by you, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any part of the material, information or services, in whole or in part, of this website unless expressly authorized by Kendall/Hunt Publishing Company™, the authors thereof, or such other third parties.

 

It is permissible for you to print or download a reasonable number of copies of material and information from this course website for personal and noncommercial educational use only. However, such permitted printed or downloaded copy must contain, in an unmodified form, the copyright or other proprietary rights notice contained in the material or information and an original source attribution to this course website, and must contain no modifications unless expressly permitted by Kendall/Hunt Publishing Company™ or the third party provider. Kendall/Hunt Publishing Company™  and/or third-party providers remain the owners at all times of the material, information and/or content and you do not acquire any intellectual property rights in such by printing or downloading such material, information, or content.

 

9.         Trademark Notice

 

“Kendall/Hunt Publishing Company”, “Kendall/Hunt”, “WebCom”, WebCom logos, and the unique trade dress of WebCom are the trademarks, services marks, trade dress or logos of Kendall/Hunt Publishing Company. All other trademarks, service marks, trade dress, and logos used in this course website and related services are the trademarks, service marks, trade dress, and logos of their respective owners.

 

 

10.       Suspension or Termination of Access

 

You agree that in its sole discretion Kendall/Hunt Publishing Company™, or the Professor or educational institution of your course, can suspend or terminate your password, account number, and access to this website and the services provided, and you further agree that any material, information or content may be removed for any reason, including, without limitation, if it is believed that any act or omission has occurred in violation of the letter or spirit of these Terms of Use.  Kendall/Hunt Publishing Company™, or the Professor or educational institution of your course, need not provide advance notice for any suspension, termination, denial of access or removal of content. You acknowledge and agree that if your password, account or access is terminated or discontinued for any reason, Kendall/Hunt Publishing Company™, or the Professor or educational institution of your course, may delete all information that is related to you on this website and may bar your access to this website and use of its services. Additionally, you agree to waive any and all claims against Kendall/Hunt Publishing Company™ or its providers for any suspension or termination of your access to this website or removal of content by your Professor or educational institution, or by other third parties, even if done for erroneous, malicious, or otherwise wrongful reasons.

 

11.       Links

 

Other World Wide Web sites and their resources posted, created and owned by other independent owners may be accessible via this website. Because Kendall/Hunt Publishing Company™ has no control over such sites and resources, it is acknowledged and agreed by you that Kendall/Hunt Publishing Company™ is not responsible or liable for any content, material, information, advertising, or products on or available from such sites or resources. Further, you acknowledge and agree that Kendall/Hunt Publishing Company™ shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on, any such material, information, content, goods, or services available on or through any such site or resource. The inclusion of these links does not imply that these other sites have been given permission for inclusion of these links or that any relationship of any type exist between this course website, Kendall/Hunt Publishing Company™ and the site that has been linked.

 

12.       Interruption  or Modification to Services

 

Kendall/Hunt Publishing Company’s™ reserves the right to modify or discontinue, temporarily or permanently, in whole or in part, this website and the services provided with or without notice, and you agree that no liability shall extend to Kendall/HuntÔ or to third parties as a result thereof.  Kendall/Hunt Publishing CompanyÔ has made every effort to ensure that this website and the services provided function appropriately for their intended use.  However, such complex systems do have occasional glitches.  You acknowledge and agree that this website and the services provided are subject to occasional technical problems and to periodic and unscheduled suspension for maintenance, upgrades, enhancements, and at times interruptions in service beyond Kendall/Hunt’s control.  You agree to indemnify and hold harmless Kendall/Hunt Publishing Company™ from any claims, damages, demands, or loss incurred by you on account of such suspensions, interruptions or functional deficiencies in service, including, but not limited to server down time that may prevent you from timely completing an assignment as required.

 

 

 

13.       Conducting Business

 

Any correspondence or business dealing you may have with an individual or business entity found on or through this course website, including payment and delivery of related goods or services, as well as any other terms, conditions, warranties or representations associated with such correspondence or business dealings, are only between you and such other business individual or entity. It is acknowledged and agreed by you that Kendall/Hunt Publishing Company™ is not responsible or liable for any loss or damage of any kind incurred as the result of any such correspondence or business dealings or as the result of the presence of such business opportunities on this website or linked to this course website. You further agree that any correspondence or business dealing is done at your own risk.

 

14.       Disclaimer of Warranty

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(1)   KENDALL/HUNT PUBLISHING COMPANY™ AND THE INTERNET SERVICE PROVIDER ARE NOT RESPONSIBLE FOR THE MATERIAL, INFORMATION OR CONTENT CONTAINED WITHIN THIS WEBSITE AND NO REPRESENTATIONS ARE MADE AS TO THE SUITABILITY OF THE MATERIAL, INFORMATION OR CONTENT FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY QUALITY, STABILITY COMPLETENESS OR CURRENT STATUS.

(2)   THE USE OF THIS WEBSITE IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY KENDALL/HUNT PUBLISHING COMPANY™.

(3)   NEITHER KENDALL/HUNT PUBLISHING COMPANY™, NOR THE PROVIDER OF THIS COURSE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT:

(A)   THAT NO INTERRUPTION OF SERVICES WILL OCCUR;

(B)   THAT THE SERVICE WILL BE TIMELY, SECURE, OR ERROR-FREE;

(C)   THAT THE SERVICE WILL MEET THE REQUIREMENTS OF THE USER;

(D)   THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE AND ITS SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE;

(E)    THE QUALITY OF ANY MATERIAL, INFORMATION, PRODUCT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA THIS WEBSITE WILL MEET THE EXPECTATIONS OF THE USER OR PURCHASER; AND

(F)    THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(4)   ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR OTHERWISE OBTAINED MATERIAL THROUGH THE USE OF THIS WEBSITE IS YOUR SOLE RESPONSIBILITY AND ANY SUCH DOWNLOAD IS DONE AT YOUR OWN RISK.

(5)   NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU HAVE RECEIVED FROM KENDALL/HUNT PUBLISHING COMPANY™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

15.       Liability Limitations

 

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT IN NO EVENT WILL KENDALL/HUNT PUBLISHING COMPANY™, THE PROVIDER OF THIS WEBSITE, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF, NONUSE OF OR INABILITY TO ACCESS COMPLETELY THIS WEBSITE, INCLUDING WITHOUT LIMITATION:

(1)   THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE;

(2)   FOR COMPUTER DAMAGE, FAILURE OR MALFUNCTION;

(3)   DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURES, THEFT DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(4)   ANY STATEMENT OR CONDUCT MADE BY A THIRD PARTY; AND

(5)   ANY OTHER MATTER RELATING TO THE SERVICE.

 

SOME JURISDICTIONS, EITHER FEDERAL OR STATE, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND AS SUCH SOME OF THIS SECTION MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, KENDALL/HUNT PUBLISHING COMPANY’S™ LIABILITY AS PROVIDER OF THIS WEBSITE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

 

 

 

Copyright © 2002. Kendall/Hunt Publishing Company.