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Use of the SchoolPad.net web site by viewers carries no restrictions other than such restrictions as might apply to abuse or misuse of material contained therein. In order to become a SchoolPad Partner School, the agreement below must be entered into and signed by an authorized representative of the school.
 
 

AGREEMENT FOR SERVICES PROVIDED TO SCHOOLPAD.NET PARTNER SCHOOLS

This Agreement is entered into between WebGraffix and the entity first set forth herein ("SchoolPad Partner School"). The parties agree as follows:

1. SERVICE. WEBGRAFFIX INTERNET DESIGN AND CONSULTING provides a web site that will allow users ("SchoolPad Partner Schools") to post, edit, and publish limited information for public viewing ("Services"). Partner hereby subscribes to Services for use in a manner consistent with the ideas, morals, and character embraced by the education community in general. SchoolPad Partner School hereby subscribes to the Services and agrees to pay to WEBGRAFFIX INTERNET DESIGN AND CONSULTING the applicable rates and charges set forth herein.
    
2. PERFORMANCE. WEBGRAFFIX INTERNET DESIGN AND CONSULTING will use reasonable efforts to deliver Services requested by Subscriber and to maintain the associated web site (www.schoolpad.net) accessible and in good working condition. Subscriber understands that in the event that there are factors beyond the control of WEBGRAFFIX INTERNET DESIGN AND CONSULTING, that WEBGRAFFIX INTERNET DESIGN AND CONSULTING will attempt to correct the condition ASAP, but that WEBGRAFFIX INTERNET DESIGN AND CONSULTING will bear no responsibility in such case.
    
3. CHARGES TO SUBSCRIBER. Subscriber agrees to pay to WEBGRAFFIX INTERNET DESIGN AND CONSULTING the applicable charge for the use of services provided by SchoolPad.net and posted at http://www.schoolpad.net and listed in Item 5 below. All current and future WEBGRAFFIX INTERNET DESIGN AND CONSULTING pricing documents related to SchoolPad.net partnerships are deemed incorporated herein.
    
4. SUBSCRIBER USE LIMITATIONS. Subscriber acknowledges that WEBGRAFFIX INTERNET DESIGN AND CONSULTING retains all right, title and interest under applicable contractual, copyright and related laws in the web site, database and materials contained therein used to provide Services hereunder, and Subscriber shall use such materials consistent with such right, title and interest and notify WEBGRAFFIX INTERNET DESIGN AND CONSULTING of any threatened or actual infringement thereof.
    
5. PAYMENT OF FEES. Subscriber shall pay WEBGRAFFIX INTERNET DESIGN AND CONSULTING a monthly service charge in accordance with the services used. A "basic partnership" is considered enacted upon signature of this agreement and will incur monthly charges as follows: A basic partnership, once enacted, will obligate the Partner School to a charge of $20.00/month for 10 months (if the school is not on "year round" schooling) for a total of $200.00 ; whereby schools that are in session for the total 12 months of the year (defined as "year round schooling"), will be obligated to a charge of $20/month for 12 months for a total of $240.00. Subscriber shall be responsible for payment for Services in annual installments. Payment by Subscriber is due and payable sixty (60) days from the date of invoice. If payments are past due more than thirty (30) days from the date of invoice, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may interrupt service. If payments are past due more than sixty (60) days, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may terminate this Agreement. Subscriber is responsible for payment for one year of service as well as all collection costs and attorney fees incurred by WEBGRAFFIX INTERNET DESIGN AND CONSULTING through its efforts to collect on balance(s) owed by subscriber. All remittances shall be sent to the "remit to" address on the invoice and payable to WebGraffix (or WEBGRAFFIX INTERNET DESIGN AND CONSULTING).
    
6. TERM OF CONTRACT. This Agreement, once signed by both parties, will be effective for one year from the date of signing. It will automatically expire on July 31 of the year following the execution of this agreement. Cancellation of this agreement may be made in writing or verbally to the staff at WEBGRAFFIX INTERNET AND CONSULTING. In the event that verbal notice is given, the Subscriber bears all responsibility for maintaining such proof.
    
7. NEGATION OF LIABILITY/WARRANTY. WEBGRAFFIX INTERNET DESIGN AND CONSULTING SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY WEBGRAFFIX INTERNET DESIGN AND CONSULTING'S NEGLIGENT ACTS OR OMISSIONS IN MAINTAINING THE WEB SITE LOCATED AT WWW.SCHOOLPAD.NET OR THE ASSOCIATED DATABASE AND IN DELIVERING SERVICES OR IN OTHERWISE PERFORMING THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK, AND THAT WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOT UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON WEBGRAFFIX INTERNET DESIGN AND CONSULTING, THEN SUBSCRIBER AGREES THAT WEBGRAFFIX INTERNET DESIGN AND CONSULTING'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF WEBGRAFFIX INTERNET DESIGN AND CONSULTING IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE COST OF THE SERVICE WHICH WAS CHARGED TO SUBSCRIBER, AND SUBSCRIBER COVENANTS AND PROMISES THAT IT WILL NOT SUE WEBGRAFFIX INTERNET DESIGN AND CONSULTING FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF WEBGRAFFIX INTERNET DESIGN AND CONSULTING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST WEBGRAFFIX INTERNET DESIGN AND CONSULTING, ALL IN CONSIDERATION OF THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY WEBGRAFFIX INTERNET DESIGN AND CONSULTING HEREUNDER, WHICH ARE FAR LOWER THAN WOULD BE AVAILABLE TO SUBSCRIBER ABSENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN. WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED. WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR THE COMPONENTS THEREOF. IN NO EVENT SHALL WEBGRAFFIX INTERNET DESIGN AND CONSULTING BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY SUBSCRIBER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER, OR THE UNAVAILABILITY THEREOF.
    
8. INDEMNIFICATION. Subscriber hereby agrees to protect, indemnify, defend and hold harmless WEBGRAFFIX INTERNET DESIGN AND CONSULTING from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys' fees) arising from or in any way related to use of information by Subscriber furnished by or through WEBGRAFFIX INTERNET DESIGN AND CONSULTING or the web site located at www.schoolpad.net to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys' fees) do not result from the grossly negligent acts or omissions of WEBGRAFFIX INTERNET DESIGN AND CONSULTING. Provisions hereof related to release of claims, indemnification, use of information and data, payment for Services and disclaimer of warranties shall survive any termination of this Agreement.
    
9. WEBGRAFFIX INTERNET DESIGN AND CONSULTING may, at any time, impose restrictions and/or prohibitions on the use of the data or services, to the extent they are necessary to maintain the integrity of the web site located at www.schoolpad.net. WEBGRAFFIX INTERNET DESIGN AND CONSULTING has complete authority and discretion to determine and enact such necessary restrictions and/or prohibitions. Upon written notification by WEBGRAFFIX INTERNET DESIGN AND CONSULTING of such restrictions, Subscriber will follow such restrictions. If Subscriber cannot or will not comply with such restrictions, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may terminate this Agreement immediately. It is expressly understood that termination under such circumstances, would forfeit any monthly fees for the remainder of the Subscriber's current agreement period.
    
10. ASSIGNMENT. This Agreement and the rights and obligations of each party hereto shall not be assigned without the prior written consent of the other party which consent shall not be unreasonably withheld. Consent shall not be required, however, in connection with an assignment to a subsidiary or affiliate of WEBGRAFFIX INTERNET DESIGN AND CONSULTING. Upon such assignment: a) WEBGRAFFIX INTERNET DESIGN AND CONSULTING shall promptly advise Subscriber of such transfer; and; b) the transferee corporation shall expressly agree to assume all obligations hereunder.
     
11. PRIVACY PRINCIPLES. With respect to personal information regarding individual user, students, consumers, organizations, and businesses, the parties agree as follows: WEBGRAFFIX INTERNET DESIGN AND CONSULTING respects the privacy of its membership base (SchoolPad Partner Schools). In the event that any information is requested by third parties, all SchoolPad Partners will be provided a means of ensuring that information about them, or their organization, is not shared in any way with any organization except as required by applicable State and/or Federal laws.
     
12. AGREEMENT ENTIRETY. This Agreement, as amended, sets forth the entire understanding and agreement between WEBGRAFFIX INTERNET DESIGN AND CONSULTING and Subscriber regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations. By receipt of Services, Subscriber agrees to, and shall comply with, such different and/or additional terms and such changes to this Agreement as WEBGRAFFIX INTERNET DESIGN AND CONSULTING shall make from time to time by notice to Subscriber via amendments or agreement (either online or in writing sent by postal mail). This Agreement shall be interpreted in accordance with the laws of the State of Georgia. Violation by Subscriber of state or federal laws, or WEBGRAFFIX INTERNET DESIGN AND CONSULTING's established policies and procedures, such as abuse of Services by posting obscene material, may result in immediate termination of this Agreement in WEBGRAFFIX INTERNET DESIGN AND CONSULTING's sole discretion.

TERMS OF USE FOR PUBLIC VIEWING AND USE OF SCHOOLPAD.NET WEBSITE

Use of the SchoolPad.net website is permitted only under the following circumstances. Violation or abuse of these terms and agreements may result in prosecution as necessary:

1. GENERAL USE. WEBGRAFFIX INTERNET DESIGN AND CONSULTING provides a web site that will allow users ("Public User") to view content posted by individual schools and teachers ("Services to the Public"). Public Users hereby agrees to use Services to the Public in a manner consistent with the ideas, morals, and character embraced by the education community in general and consistent with normal behavior accepted by mainstream society. Specifically NOT permitted are the following uses or practices: abuse of the SchoolPad.net system by sending or posting profanity, pornographic material, or other objectionable material through any electronic media, especially emails to teachers and attempts to "hack" into the site for any reason whatsoever. Any attempts at abuse or destructive behavior aimed at the SchoolPad.net program, associated software, database, the system in general, and/or the SchoolPad.net website will be prosecuted aggressively.
2. INDEMNIFICATION. Public Users hereby agree to protect, indemnify, defend and hold harmless WEBGRAFFIX INTERNET DESIGN AND CONSULTING from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys' fees) arising from or in any way related to use, by the Public User, of the Services to the Public by or through WEBGRAFFIX INTERNET DESIGN AND CONSULTING or the web site located at www.schoolpad.net to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys' fees) do not result from the grossly negligent acts or omissions of WEBGRAFFIX INTERNET DESIGN AND CONSULTING.
    
3. WEBGRAFFIX INTERNET DESIGN AND CONSULTING may, at any time, impose restrictions and/or prohibitions on the use of the data or services, to the extent they are necessary to maintain the integrity of the web site located at www.schoolpad.net. WEBGRAFFIX INTERNET DESIGN AND CONSULTING has complete authority and discretion to determine and enact such necessary restrictions and/or prohibitions.
    
4. PRIVACY: No Public User information is recorded by the SchoolPad.net software (including all associated scripts and coding) with the exception of IP addresses when emails are sent to teachers. In cases where a Public User sends an email to a teacher through the SchoolPad.net form on a teacher's associated "Teacher Page", the IP address of the sender's computer WILL BE RECORDED temporarily and sent to the teacher as text in the body of the email that the teacher receives. The IP Addresses will not be stored permanently in the SchoolPad.net software unless a specific IP Address is deemed to be the source of objectionable or abusive material, OR unless it becomes necessary to protect the integrity of the SchoolPad.net website. If such measures are enacted the "Terms of Use" will be updated to reflect such actions; however, in any case, use of this site may result in permanent recording of IP Addresses for this purpose.