This policy represents the cnri.edu Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all cnri.edu customers agree to when they sign-up for any of the cnri.edu LMS storage hosting services.
Cnri.edu reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by cnri.edu agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their LMS storage hosting service with cnri.edu.
Cnri.edu retains the sole discretion to make judgment regarding any violation by any cnri.edu customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund.
General Provisions
In consideration for Cnri.edu maintaining one or more accounts (each “Account”), you, as the cnri.edu customer, agree to the following terms of service.
Definitions
* “We” “Us” or “Provider” or “cnri.edu “. * “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and LMS site hosting storage relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. Cnri.edu however, offers a 99.9% uptime guarantee. This is valid for only the cnri.edu servers and our primary co-location internet connection.
Cnri.edu is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of cnri.edu capability to directly correct. Cnri.edu clients are diverse and their web sites and the function of those web sites are diverse and cnri.edu cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.
Cnri.edu MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither Cnri.edu nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of cnri.edu, even if cnri.edu has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL CNRI.EDU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CNRI.EDU. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF EDU-STORAGE HOSTING .COM. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CNRI.EDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Cnri.edu. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Cnri.edu FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Cnri.edu. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
Indemnification
You agree to indemnify, defend and hold cnri.edu and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto cnri.edu servers.
Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to cnri.edu. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Cnri.edu. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by cnri.edu include open source learning management system installations with secured LMS storage space.
Cnri.edu clients will use the provided services in a manner consistent with any and all applicable laws. Cnri.edu provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. cnri.edu reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, cnri.edu can terminate client’s account without notification.
* Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of cnri.edu or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to cnri.edu or any third party. Customers may not run IRC, bots or clients. Clients may not use Cnri.edu servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only.
Cnri.edu storage hosting accounts holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at cnri.edu.
We have the right to refuse any submissions that are deemed as unacceptable content. We will not accept any content regarding pornographic, MLM, cash, loans, gambling, dating or drug related material.
Unacceptable uses also include: copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement.
Cnri.edu will be the sole and final arbiter as to what constitutes a violation of this policy. Cnri.edu does not normally monitor the contents of client’s servers, however if suspicion occurs, cnri.edu reserves the right to investigate and terminate the client’s subscription to the service. If a customer’s storage hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice. * No “Spam”: UCE/UBE or “Spam” originating from a server located on our network or associated with a cnri.edu server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the cnri.edu network but is sent from an e-mail address not associated with that cnri.edu account. Client shall not use their cnri.edu services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Cnri.edu reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice:
* Excessive Exploits
It is the responsibility or our LMS storage hosting clients to maintain the latest exploit free version of the scripts. If a script that our blog storage hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script. Cnri.edu reserves the right to terminate that clients’ account and provide them with a prorated refund.
* False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact cnri.edu concerning unethical, false or unlawful activities by you, Cnri.edu reserve the right to suspend or terminate your service with or without notice.
* Back-Up Files:
It is the responsibility of the customer to keep up-to-date archives of their backed up data. Cnri.edu does provide daily backups copies of all client’s LMS site files although is not responsible for any loss of data.
* Mail Box Size Restriction:
When the user mailbox hits 80%, the system will issue you a pre-warning that you are reaching your mailbox limit. If the user reaches 100% full, the system will refuse to accept any email to your account.
Payment Obligations:
Full payment is required in advance before storage hosting service is established. Cnri.edu sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that cnri.edu may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your LMS storage account will be suspended.
It is the client’s responsibility to ensure that payment is made to cnri.edu prior to the renewal date. Cnri.edu sends renewal notices to clients prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying cnri.edu, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.