Zebric Terms of Service
This Terms of Service governs usage of the Zebric service. By using Zebric, you agree to be bound by our Terms of Service. If you don’t agree, you may not use Zebric.
The terms in this AGREEMENT identified below shall have the following meaning:
- “EDUCATION RECORDS” means records within the scope of that term as defined in FERPA (as defined below) and Hawai‘i Administrative Rules § 8-34-3.
- “FERPA” means the Family Educational Rights and Privacy Act, as set forth in 20 U.S.C. § 1232g and the regulations adopted to implement that Act (34 C.F.R. Part 99).
- “PARTIES” means DATAHOUSE and SCHOOL/TEACHER.
- “PARTY” means DATAHOUSE or SCHOOL/TEACHER.
- “SCHOOL DATA” means information created or collected by SCHOOL or any of its employees, contractors or students, and includes EDUCATION RECORDS.
- “SCHOOL OFFICIAL” has the same meaning as that term is used in FERPA, and shall include SCHOOL employees including a teacher, school principal, registrar, counselor, admissions officer, human resources professional, information systems specialist, and support or clerical personnel, and shall further include any contractor, consultant, volunteer or other entity to whom SCHOOL has outsourced institutional services or functions of SCHOOL.
- Software and Support. During the term of this AGREEMENT, DATAHOUSE will provide the software system and support that comprise ZEBRIC.
- Facilities and Data Transfer. All facilities used to store and process SCHOOL DATA will adhere to reasonable security standards no less protective than the security standards at facilities where DATAHOUSE stores and processes its own information of a similar type. DATAHOUSE has implemented at least industry standard systems and procedures to ensure the security and confidentiality of SCHOOL DATA, protect against anticipated threats or hazards to the security or integrity of SCHOOL DATA, and protect against unauthorized access to or use of SCHOOL DATA. As part of providing the Services, DATAHOUSE may transfer, store and process SCHOOL DATA in the United States or any other country in which DATAHOUSE or its agents maintain facilities.
- Intellectual Property Rights; License. The Service is the property of DataHouse and its licensors, including all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material. The Service is protected by copyrights, trademarks, trade secrets, patents, and other proprietary rights. DataHouse hereby grants SCHOOL/TEACHER a limited, non-exclusive, non-transferable, license to use the Service for business purposes. Users may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. DataHouse reserves all intellectual property rights not expressly licensed under this Agreement to itself and its licensors.
- Use of the Service by anyone under age 18 must be done so under adult supervision. Zebric is a teaching tool for use by teachers, administrators and students. The adult that registers a class and subsequently creates and/or adds students to the account is responsible for obtaining permission of a parent or guardian of any users under 13 who use the Service in accordance with the Children’s Online Privacy Protection Act 15 U.S.C. §§ 6501-6506 (2006).
- DATAHOUSE reserves the right to terminate this agreement and cease the service at any time.
Privacy, Confidentiality, and Ownership of School Data
- Designation as School Official. To the extent DATAHOUSE is given access to EDUCATION RECORDS by SCHOOL in connection with the service, DATAHOUSE is deemed a SCHOOL OFFICIAL.
- Use of School Data. DATAHOUSE agrees not to use SCHOOL DATA for any purpose other than implementation of the service. Unless required by law or judicial and/or administrative order, DATAHOUSE shall not disclose any SCHOOL DATA to anyone outside of the participants in the service at the SCHOOL or to any DATAHOUSE employee who is not working on the service.
- Direct Control. DATAHOUSE shall be under the direct control of SCHOOL with regard to the use and maintenance of SCHOOL DATA and DATAHOUSE agrees to comply with FERPA. SCHOOL DATA shall remain the property of SCHOOL. Any SCHOOL DATA held by DATAHOUSE will be made available to SCHOOL upon request by SCHOOL.
- Disposition of Data After Termination. Upon termination of this AGREEMENT, DATAHOUSE shall return or destroy all SCHOOL Data within thirty (30) days.
- Governing Jurisdiction and Law. This Agreement shall be subject to and governed by the laws of the State of Hawai‘i. Any action brought to enforce this Agreement shall be brought in a court of competent jurisdiction in the State of Hawai‘i.
- Joint Preparation. SCHOOL/TEACHER and DATAHOUSE acknowledge that they have specifically agreed to the language of this AGREEMENT, and all PARTIES are equally responsible for such language. No PARTY shall be considered the author or draftsman of any provision of this AGREEMENT for purposes of any rule that ambiguities are to be resolved against the author or draftsman.
- Entire Agreement. This AGREEMENT represents the entire agreement between the PARTIES with respect to the service and may change. DATAHOUSE will inform SCHOOL/TEACHER upon change. If SCHOOL/TEACHER continues to use Zebric, they agree to the change.
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