Program Policies
Key To School Program Policies
Updated as of Tuesday, March 23, 2009
To uphold the quality and reputation of Key To School (KTS) Moodle Hosting, your use of Moodle Hosting is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by KTS in its sole discretion, we may warn you or suspend or terminate your account.
Moodle Hosting
You acknowledge that the Moodle Hosting service is offered as a platform to host and serve web pages generated by Moodle software and web sites and is not offered for other purposes. Accordingly, You understand and agree to use the Moodle Hosting service solely for the purpose of hosting and serving web pages generated by Moodle as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. KTS Moodle Hosting is designed to serve the Moodle Hosting needs of small, independently owned and operated businesses around the world. It is not intended to support the greater Moodle Hosting needs of large enterprises or universities. To ensure that KTS Moodle Hosting is reliable and available for the greatest number of users, a customer's web site usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of KTS Moodle Hosting is to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at KTS's sole discretion, You are deemed to have violated this section, KTS may suspend or terminate Your account without notice to You and with no liability to KTS.
Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your Moodle site and all associated content, materials, files, advertisements, text, lists, marks, images, links, metatags, etc. (“Your Content”). KTS shall not be responsible for Your Content and acts only as a “service provider”.
You represent and warrant to KTS that Your Content does not in whole or in part actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary intellectual property, contract or tort right of any person and that You own or have a right to use all of Your Content in the manner in which Your Content is used in connection with the Services. You also warrant that the web site being hosted by KTS will not be used in connection with any illegal activity.
You shall be solely responsible for maintaining copyright notices wherever applicable in your Moodle site. KTS don’t have any right or responsibility for Your Content or its copyright on your Moodle site.
Prohibited Actions
In addition to (and/or as some examples of) the violations described in the terms of service, users may not:
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Conduct or forward pyramid schemes and the like
- Transmit content that may be harmful to minors
- Use Moodle Hosting to violate the legal rights (such as rights of privacy and publicity) of others
- Promote or encourage illegal activity
- Interfere with other Moodle Hosting users' enjoyment of the Service
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
- Modify, adapt, translate, or reverse engineer any portion of the Moodle Hosting Service
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Moodle Hosting Service
- Reformat or frame any portion of the web pages that are part of the Moodle Hosting Service
- Use the Moodle Hosting Service in connection with illegal peer-to-peer file sharing
Security
You must promptly notify KTS of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
Account Inactivity
KTS will suspend your account in accordance with the program policies (terms of service) if your Moodle site stays inactive for 120 days, further if you do not reactivate your Moodle site by clicking activate button in your control panel within 30 days from date of suspension, your account will be terminated and all data in Moodle site will be lost.
License
NO WARRANTY
BECAUSE MOODLE HOSTING IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR MOODLE HOSTING, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE MOODLE HOSTING "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MOODLE HOSTING IS WITH YOU.
Legal Disputes
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. These Program Policies shall be governed by and construed in accordance with the laws of the respective states of the owners and India.
Service Availability
KTS maintains an high level of service uptime (99%). The advertised uptime does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by KTS from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to your forum (for example, interruptions to your database or admin panel); (iv) suspension of your account due violations of the Program Policies, as determined in KTS's sole discretion; or (vi) causes beyond the control of KTS or that are not reasonably foreseeable by KTS
