MICROSOFT IT ACADEMY MEMBER ADMINSTRATION
Your use of the Microsoft IT Academy
Member Administration website (the “Site”)
and the services that Microsoft provides to you via the Site are governed by
Microsoft reserves the right to update these TOU at any time without notice to
you. The most current version of the applicable TOU can be found at the “Terms
of Use” hypertext link located at the bottom of this website.
By using or accessing the Services,
or by agreeing to these TOU, you agree to abide by the most current version of
the TOU without modification by you. You
may only access or use the Services if you agree to these TOU. If you do not
agree, do not access or use the Services.
Throughout this Site, Microsoft provides
you with access to a variety of resources which may include tools to allocate
learning assignments to your institution’s enrolled students and members (“Students”), download areas,
communication forums, courseware, lesson plans, guides, marketing materials,
training materials, videos, vouchers, documentation, tools, features, software
and services (collectively the “Services”).
Your use of the Services, including any updates,
enhancements, new features, or the addition of any new Web properties, is
subject to these TOU. If any element of the Services has additional
terms, conditions or licenses, your use of that element of the Services is
conditional based upon your agreement to comply with the additional terms,
conditions and licenses. If you do not agree, you may not use that particular
Your institution must have an active,
valid subscription to the Microsoft IT Academy program for you to access or use
Access to the Services is limited solely to institution’s
faculty and staff (collectively “Faculty”). In order to access the Services for the
first time, you will be asked to create or provide account credentials, such as
a username and password. You must also have a link to the Services, or a unique
enrollment code, program key or member ID for the Services (collectively “Credentials”)
provided to you by your institution’s program administrator. Credentials are solely
for the use of Institution’s Faculty. If you are a program administrator, you
agree you will notify anyone you provide Credentials to that the Credentials
are confidential and only for that individual’s use.
The Credentials provided to you to access or use the
Services are confidential. You will protect the Credentials as you protect your
own highly confidential information. You are solely responsible for: (a)
keeping the Credentials and your user name and password confidential, and (b)
any and all activities that occur under your account. You must promptly notify
Microsoft of any unauthorized use of your Credentials, account or any other
breach of security. Microsoft will not be liable for any losses you incur if
someone else uses your Credentials or your account to access the Services,
either with or without your knowledge. However, you could be held liable for
losses incurred by Microsoft or another party due to someone else using your
Credentials or account.
of the Services
access to and use of the Services is for a limited period of time equal to the
length of your IT Academy program subscription. Access to the Services will
vary, based in part on your permission role.
You may only use the Services to (i)
manage and provision IT Academy benefits to your Faculty, (ii) manage and
provision access to the self-paced online learning courseware available on the Microsoft
self-paced online learning courseware website to
Students, (iii) allocate
learning assignments to Students, (iv) access content to provide training to
Students, or (v) view usage and access reports.
You may not sell access to the
Services or allow access to any of the Services to your Students or any
third-party. You may
not transfer to a third party, either temporarily or permanently, any rights to
access or use the Services.
If you are a program administrator,
you will periodically and no less frequently than semi-annually terminate any
individual who is no longer a Faculty member or Student access to the Services.
Your right to access or use the
Services including any content or software that was acquired through the
Services terminates upon termination of your IT Academy subscription and you
must delete all copies of such content and software upon termination of your
to the Services, Cancellation of the Services
continuously works to improve the Services and may change the Services at any
time for any reason without notice to you. Additionally, Microsoft may limit
your access to any or all of the Services at any time without notice if
Microsoft suspects fraudulent, abusive or unlawful activity that occurs under your user name, account, or
Credentials or non-compliance with these TOU. Upon suspension or
cancellation, your right to use the Services stops immediately and you may not
be able to retrieve any data and usage
reports you have stored on the Services.
Microsoft may permanently delete your
data and usage reports from its servers at the end of your IT Academy program subscription
term, if your account is closed, or if the Services are cancelled. Microsoft
does not have any duty to provide you with your data or usage reports and
Microsoft will not be liable for any loss or damage you may incur from the
deletion of any data or usage reports regardless of whether or not you renew or
purchase an additional subscription term for the IT Academy program.
Disruptions and Backup
We strive to keep the Services up and running;
however, all online services suffer occasional disruptions and outages, and Microsoft isn't liable for any disruption
or loss you may suffer as a result. The Site or the Services may be
inaccessible due to scheduled and unscheduled reasons, including maintenance
updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to
access or use any or portions of the Services.
Use and Disclosure by Microsoft.
privacy is important to Microsoft.
Microsoft uses certain information collected from you to operate and
provide the Service. As part of the Service, Microsoft may automatically upload
information about your machines, use of the Service and Service performance.
Microsoft may access or disclose information about you and your Students, including
the content of communications or content on the Service. Microsoft may do so in
order to: (a) comply with the law or respond to lawful requests or legal
process; (b) protect the rights or property of Microsoft or its customers,
including the enforcement of Microsoft agreements or policies governing your
use of the Service; or (c) act on a good faith belief that such access or
disclosure is necessary to protect the personal safety of Microsoft employees,
customers, or the public.
Personal data collected or otherwise
processed by us in the performance of the Service may be transferred to, and
stored and processed in, the United States or any other country in which Microsoft
or our affiliates or service providers maintain facilities. We abide by the
Safe Harbor framework as set forth by the U.S. Department of Commerce regarding
the collection, use, and retention of data from the European Economic Area and
See the Microsoft
IT Academy Member Administration Website Privacy Statement for disclosures
relating to the collection and use of your information when using this Site or
you collect, store, or process personal information when using the Services, you
will comply with all privacy and data protection laws, taking into account the
nature of the information to be processed, as well as the features and
limitations of the Services as described in this TOU or as otherwise provided
to you. You will not allow personal data to be collected in jurisdictions or
industries where the Services attributes described in these TOU would make such
use contrary to applicable law.
You are responsible for obtaining any
parental consent for any Student’s use of the online benefits that may be
required by applicable law and to convey notification on behalf of Microsoft to
Students (or, with respect to a Student under 18 years of age and not in attendance
at a postsecondary institution, to the Student’s parent) of any judicial order
or lawfully-issued subpoena requiring the disclosure of data in Microsoft’s
possession as may be required under applicable law.
share with you the usage data for any self-paced online learning
courseware available on the Microsoft self-paced online learning courseware
website accessed by your
Students from this point forward. To the extent required by applicable law, you
will obtain Students’ agreement that you are providing them with access to and use
of the Microsoft self-paced online learning courseware website and courseware in conjunction with your
IT Academy program subscription and that by accessing or using the site or courseware
they agree to share their usage data with you to view reports on their progress
and activity using the Microsoft self-paced online learning
courseware website and courseware.
ensure your Students agree that if they obtain access to any IT Academy program
benefit through your IT Academy program subscription, you have additional
rights over their account, like the ability to view their account usage or
profile data and suspend or cancel their access to the Services.
You will also ensure that Students understand
that if they change academic institutions, their right to access and use the Microsoft
self-paced online learning courseware website and courseware may be immediately terminated.
access and use the Services solely as a learning aid to be more proficient teaching
or using Microsoft technologies. You may be unable to use the Service outside
the country associated with your account.
Microsoft may immediately terminate
your access to the Services if it believes you shared your Credentials or account
information, used another person or entity’s credentials or account to gain
access into the Services, attempted to gain unauthorized access into any
restricted or authorized area, or if you are not compliant with these TOU.
When using the Services, you will ensure
that you comply with these TOU, the Code of Conduct and all applicable laws. You must
also obey any policies, codes of conduct, and notices Microsoft provides, which
are incorporated into these TOU by this reference. You may not attempt to gain
unauthorized access to any services, other accounts, computer systems or
networks connected to any server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
Service or information through any means not intentionally made available through
the Services. You may not use the Services to harm others or the Service. For
example, you may not:
to a third party, either temporarily or permanently, any rights to access or
use the Services;
share access to, download, modify, distribute, transmit,
display, perform, reproduce, publish, sublicense, create derivative works from
or sell any component of the Services;
the Services to harm, threaten, or harass another person, organization or
any other party’s account or Credentials to access the Services or interfere
with any other party's use and enjoyment of the Services;
disable, overburden, or impair the Services (or any network connected to the
or redistribute any part of the Services or access to the Services;
or attempt to use any unauthorized means to modify, reroute, or gain access to
modify, or tamper with any notice, protective message or link that is incorporated
into the Services;
any automated process or service (such as a bot, a spider, periodic caching of
information stored by Microsoft, or meta-searching) to access or use the
Services, or to copy or scrape data from the Services;
(or try to obtain) any data from the Services or related hardware, except the
data that Microsoft intends to make available to you; or
the Services or related hardware to design, develop, or update unauthorized
believes that you are making unauthorized or improper use of the Services,
Microsoft may take such action as it deems appropriate without notice to you.
These actions may include blocking messages from a particular Internet domain,
mail server, or IP address. Microsoft may at all times: (a) disclose
information required to satisfy any applicable law, regulation, legal process,
or governmental request; or (b) edit, refuse to post or to remove any
information or materials, in whole or in part.
that Microsoft makes available as part of the Services is the copyrighted work
of Microsoft or its suppliers and is licensed, not sold. Your use of the content
is governed by the terms of these TOU and any other terms, conditions or
licenses that accompanied or are included with the content. You must comply
with those additional terms, conditions and licenses to use that content, if
you do not agree, you may not use that content. If there is a conflict between these
TOU and any applicable terms, conditions or licenses, the terms of those
additional terms, conditions and licenses will control but solely to the extent
of the inconsistency.
Microsoft grants you permission to
access and use the content in accordance with these TOU solely for your
personal educational use and to teach your Students about Microsoft
technologies, provided you do not:
reproduce, adapt, modify, link to, post, forward, resell, distribute, transmit,
display, disseminate, publish, make derivative works from, sublicense, assign,
transfer, lend or sell the content or any portion thereof, unless explicitly
authorized by Microsoft as documented and specified in the license for that
modify or tamper with any copyright or protective notices or measures;
the content on any networked computer for access by any other computer on the
network or broadcast it in any media;
the content for any commercial purposes; or
any third-party to access or use the content.
Microsoft may at any time and for any
reason, without notice, remove any content from the Service. The content is
provided for educational purposes only and Microsoft makes no warranties,
either express or implied, relating to it.
Some content is licensed to you by
third parties. Microsoft does not grant you or your Students any additional
rights (express or implied) for such third party content.
Your license to use the content ends
when your IT Academy program subscription ends and you will immediately delete
all content obtained via the Services when your IT Academy program subscription
The Services may contain e-mail services,
bulletin board services, chat areas, forums, communities, or other message or
communication facilities designed to enable you to communicate with others
(each a "Communication Service"
and collectively "Communication
Services"). You agree to use the Communication Services only to post,
send and receive messages that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services, you will not:
the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
any material or information, which are made available through the Services in
any manner that infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party.
(if upload capabilities are added to the services) files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
property of another.
or otherwise make available, files that contain images or photographs.
or otherwise make available, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity) unless you own or
control the rights thereto or have received all necessary consent to do the
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
or inhibit any other user from using and enjoying the Communication Services.
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
or otherwise collect information about others, including e-mail addresses.
any applicable laws or regulations.
a false identity for the purpose of misleading others.
Post links to websites that violate
this TOU or the Microsoft Code
download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Site or other user or usage information
or any portion thereof.
Microsoft has no obligation to monitor
the Communication Services. However, Microsoft reserves the right to review user
data and materials posted to the Communication Services and to remove any user
data or materials in its sole discretion. Microsoft reserves the right to
terminate your access to any or all of the Communication Services at any time,
without notice, for any reason or no reason.
Microsoft reserves the right at all times
to disclose any information as Microsoft deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in Microsoft's sole discretion.
Always use caution when giving out any
personally identifiable information about yourself or others in any
Communication Services. Microsoft does not control or endorse the content,
messages or information found in any Communication Services and, therefore,
Microsoft specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations if you
download the materials.
If you use or receive software from Microsoft
as part of the Services (“service
its use is governed by one of two sets of license terms (the “license terms”): if you're
presented with a license for the service software, the terms of that license
apply; if no license is presented to you, the terms of the TOU apply. Microsoft
reserves all other rights to the service software not expressly granted by
Microsoft under the license terms, whether by implication, estoppel or
WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SERVICE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE TERMS
ACCOMPANYING SUCH SERVICE SOFTWARE.
Microsoft and its suppliers retain
all right, title and interest in and to the Services, including all copyrights,
patents, trade secrets, trademarks and other intellectual property rights. These
TOU do not grant or imply any rights to any Microsoft or supplier trademarks,
trade names or logos. Microsoft reserves all rights not expressly granted under
these TOU and no other rights are granted under these TOU, by implication,
estoppel or otherwise.
To obtain support for the Services:
please go to http://itacademy.microsoft.com/?whr=default#contactUs.
15 No Warranty
AND ITS AFFILIATES, SUPPLIERS AND VENDORS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. WE
PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” MICROSOFT
DOESN'T GUARANTEE THE SUITABILITY, ACCURACY, reliability,
availability or timeliness Of the services or information available from the
services, that the services will be uninterrupted, secure, error-free or that
data loss will not occur. YOU ACKNOWLEDGE
THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL
PERIODS OF DOWNTIME OCCUR. MICROSOFT
DISCLAIMS ALL WARRANTIES WITH REGARDS TO THE SERVICES, INCLUDING
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER
YOUR LOCAL LAW that these terms cannot change.
16 Limitation of Liability
You can recover from Microsoft and its affiliates, suppliers and
vendors for all successful claims only direct damages up to U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES
OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations apply even if this remedy doesn't fully
compensate you for any losses or fails of its essential purpose or if Microsoft
knew or should have known about the possibility of the damages. To the maximum
extent permitted by law, these limitations and exclusions apply to anything related
to the Site, Services, loss of data, third-party programs and websites, delays
or failures in using the Services, claims for breach of contract, warranty,
guarantee, or condition; strict liability; negligence; misrepresentation or
omission; trespass; violation of statute or regulation; or unjust enrichment.
Some or all of these limitations or exclusions may not apply to you if your
state, province, or country doesn't allow the exclusion or limitation of
incidental, consequential, or other damages. You will pass through these limitations of
liability provisions to your Students.
17 Geographic and Export Restrictions
You may access and
use the Services only in the region in which it was acquired. The Services (including
content and software obtained via the Services) are subject to U.S. export laws
and regulations. You must comply with all domestic and international export
laws and regulations that apply to the Services. These laws include
restrictions on destinations, end users and end use. For additional
information, see www.microsoft.com/exporting.
Claim Notice and Procedure
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to the Services provider's designated agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
For details and contact information see Notice and Procedure for Making Claims
of Copyright Infringement at https://www.microsoft.com/info/cpyrtInfrg.aspx.
19 Links to Third Party Sites
The Service may contain links to
third-party websites. The linked sites are not under the control of Microsoft,
and Microsoft is not responsible for the contents of any linked site or any
link contained in a linked site, or any changes or updates to such sites. Links
are only provided as a convenience, and the inclusion of a link does not imply
endorsement by Microsoft of the linked site. You are solely responsible for
your dealings with third-parties (including advertisers). Your use of
third-party websites or services may be subject to that third-party’s terms and
consent to Microsoft providing you notifications about the Services or
information the law requires us to provide via email to the address that you
specified when you signed up for the Services. Notices emailed to you will be
deemed given and received when the email is sent. If you don't consent to
receive notices electronically, you must stop using the Services.
Microsoft Corporation. All rights reserved.
Microsoft trademark information is available at here.
Piracy questions can be
routed to firstname.lastname@example.org or by calling