Terms and conditions
for services offered by EasyMoodle.com
Version: 1 January 2009
This agreement sets the terms and conditions of the usage of Easymoodle service, offered by Telos Internet Solutions Sagl. (TIS).
Payment and Fees
TIS provides the Easymoodle service for the level selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.
All service provided by Easymoodle must be paid in advance (by Credit Card, PayPal or similar services). Price lists and other advertising materials (whether in printed hard copy, or delivered electronically by web, email or other means) are only indications of the type of services offered, and no prices or other particulars contained therein shall be binding on TIS until an agreed contract between parties is in place.
TIS reserves the right to withdraw credit facilities and suspend work and deliveries on overdue payments. The Client shall be liable for all costs, including legal fees, incurred in the collection of any outstanding balance.
Warranty and liability
TIS is not be liable in any way for failure to perform, or delay in performing, obligations under this agreement if the failure or delay is due to causes outside of our reasonable control.
The customer agrees that our total liability to him/her in respect of breach of contract or breach of duty or fault or negligence or otherwise whatsoever arising out of or in connection with this course shall be limited to the total amount of the fees charged by us to you for the service.
Confidentiality
All customers' information is confidential. TIS will not disclose any information to third parties. Exceptions are when the Customer is breaking the Swiss Law, or breaking the terms of this contract. In such cases, TIS can be forced to disclose confidential information about a Client to the official authority or to debt recovery companies.
Intellectual property
TIS retains all copyright and other intellectual property rights in everything developed, designed or created for the EasyMoodle service including systems, methodologies, software, advice and working papers, except for the Moodle software used to run the EasyMoodle service.
Acceptable rules
All EasyMoodle service contracts will be subject to our acceptable use policy:
No Illegal, Anti-Social or Offensive material may be stored or published on your EasyMoodle hosting space.
Prohibited content includes, but is not limited to: Adult, Abusive, Illegal, Terrorist and Anti "Any" Culture. This includes all media, materials and forms that the above may take.
The Client is responsible for producing, electronically uploading and maintaining the content on hs/her EasyMoodle site, and he/she hereby warrants that all Uploaded Materials shall be owned or properly licensed and shall not adversely impact the Services or violate any rights of any third parties.
TIS reserves the right to monitor the systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it deems necessary in good faith. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report any suspected illegal activity we become aware of to law enforcement authority.
TIS reserves the right to remove any material that we believe may be breaking Swiss and EU law, or causing distress to users of the services we provide.
Security for your EasyMoodle administrator account is the Client's responsibility and passwords should be kept secure at all times.
Any attempt to access EasyMoodle servers or areas of computer systems and networks that are not provided as part of a client's services contract with TIS will result in the closure of that customer's account, without refund.
TIS shall not be held liable for any loss or damage caused by the use or misuse, unavailability or removal of services.
Security for your EasyMoodle administrator account is Client's responsibility and passwords should be kept secure at all times. The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly - this includes permissions of capabilities within moodle roles. If a hosting account password or passwords are compromised, it is the responsibility of the Customer to reset passwords.
On closure of a service, data will be deleted. We will make every effort to warn you before this happens, but once a service is closed, the client must assume that data associated with that account no longer exists.
Our web hosting, IMAP4, POP3 and smtp feeds must not be used for sending bulk, unsolicited emails. You must not install or store any software that enables or assists any Internet user to send mass mail, change mail headers, allow anonymous messages to be sent to another user or other activity considered unacceptable. If it is reported to ourselves that you have used our service or that of a third party to send such emails, your account and service may be terminated, without notice.
Running programs in the background on one of our servers without our prior written authorization, or non-EasyMoodle running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of our servers.
Right to Terminate Agreement
We reserve the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that we, in our sole discretion, believes violates this Agreement or is otherwise harmful to our interests or the interests of other accountholders.
Warranty and liability
The contract between the Client and TIS shall be governed by and construed in accordance with Swiss law and the parties agree to submit to the non-exclusive jurisdiction of Switzerland.
TIS liability under the contract is limited to the remedies specified in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the Client might have. TIS shall under no circumstances be liable for any damage or injury, direct or consequential, or other loss or loss of profits of whatever kind and however arising. Accordingly, every representation, condition, warranty and undertaking, whether express or implied by statute, common law, custom or otherwise and whenever given or made, in relation to the goods or the performance of the contract is, to the extent permitted by law, hereby excluded for all purposes.
TIS will provide the services offered with reasonable skill and care and in a timely manner. TIS makes no warranty, implied or otherwise, that services (including but not limited to consultancy, web hosting, software installation or media provision) is suitable for the purposes of the Client.
The client acknowledges that the Services are provided 'as is.' Neither we, nor any of our employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. We are not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at the customer's own risk. Under no circumstances will we be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
TIS uses free open source software for its services, and makes no warranty on this software. The following extract from the GNU General Public License, under which this software is released, contains the relevant warranty information for all open source software released under the GPL:
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.