MICROSOFT IT ACADEMY MEMBER ADMINSTRATION SITE TERMS OF USE

July 2015

 

1          Acceptance

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 these Terms of Use ("TOU"). 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. 

 

2          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 Service.

 

Your institution must have an active, valid subscription to the Microsoft IT Academy program for you to access or use the Services. 

 

3          Security

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.

 

4          Use of the Services

Your 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 subscription.

 

5          Changes to the Services, Cancellation of the Services

Microsoft 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.

 

6          Services 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.

 

7          Privacy

7.1    Information Use and Disclosure by Microsoft.

Your 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 Switzerland.

 

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 the Services.  

 

7.2    Customer’s Acknowledgment.

If 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.

 

8          Data Sharing Notice

Microsoft may 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.

 

You will 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. 

9          Use Restrictions

You may 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:

·         transfer 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; 

·         use the Services to harm, threaten, or harass another person, organization or Microsoft;

·         use any other party’s account or Credentials to access the Services or interfere with any other party's use and enjoyment of the Services;

·         damage, disable, overburden, or impair the Services (or any network connected to the Services);

·         resell or redistribute any part of the Services or access to the Services;

·         use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;

·         remove, modify, or tamper with any notice, protective message or link that is incorporated into the Services;

·         use 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;

·         obtain (or try to obtain) any data from the Services or related hardware, except the data that Microsoft intends to make available to you; or

·         use the Services or related hardware to design, develop, or update unauthorized software.

 

If Microsoft 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.

 

10       Content

Any content 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:

·         distribute, 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 content;

·         remove, modify or tamper with any copyright or protective notices or measures;

·         post the content on any networked computer for access by any other computer on the network or broadcast it in any media;

·         use the content for any commercial purposes; or

·         permit 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 ends.

 

11       Communication Services

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:

·         Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·         Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

·         Use 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.

·         Upload (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.

·         Upload or otherwise make available, files that contain images or photographs.

·         Upload 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 same.

·         Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

·         Download 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.

·         Falsify 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 uploaded.

·         Restrict or inhibit any other user from using and enjoying the Communication Services.

·         Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

·         Harvest or otherwise collect information about others, including e-mail addresses.

·         Violate any applicable laws or regulations.

·         Create a false identity for the purpose of misleading others.

·         Post links to websites that violate this TOU or the Microsoft Code of Conduct.

·         Use, 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 Services.

 

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.

 

12       Use of Software

If you use or receive software from Microsoft as part of the Services (“service software”) 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 otherwise.

 

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.

 

13       Intellectual Property Rights

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.  

 

14       Support

To obtain support for the Services: please go to http://itacademy.microsoft.com/?whr=default#contactUs.

 

15       No Warranty

MICROSOFT 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.

 

18       Copyright 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 conditions.

 

20       Notices

You 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.

 

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