These terms of service (the “Terms”) govern your access to and use of the Infinite Campus (“we” or “our”) Digital Repository Services (the “Services”), so please carefully read them before enabling and using the Services.
These Terms in no way alter your Infinite Campus End User License Agreement (EULA). These Terms describe only the obligations of users of the Services while they are using these specific services. For other portions of our software that you have licensed, your Infinite Campus End User License Agreement terms remain unchanged and in full force and effect.These Terms supplement the Infinite Campus End User License Agreement, as the Services provided are optional and the Services carry with them potential for misuse that Infinite Campus must protect itself from. If your EULA is terminated your access to the Services are also terminated.
By using the Services you agree to be bound by these Terms. By agreeing to these Terms you are agreeing to these Terms for your organization and promising that you have the authority to bind that organization to these terms. In this agreement, “you” and “your” refer to that organization (most often the school district that entered in to the EULA).
You may use the Services only in compliance with these Terms and the Infinite Campus End User License Agreement entered in to separately. You may enable the use of the Services only if you have the power to form a contract with Infinite Campus and are not barred under any applicable laws from doing so. These Services may continue to change over time as we refine and add more features.
By using our Services you provide us with information, files, and folders that you submit to the Services (together, “your content”). You retain full ownership to your content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your content, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe or how we analyze usage of your content. You give us the permissions we need to do those things necessary solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example, a third party hosting provider that we may choose to use to provide additional or redundant storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public or shared content for compliance with our guidelines, but you acknowledge that Infinite Campus has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Currently, we restrict the uploading of video and animation as part of the Service. We also exclude executable files and other similar file types that can be used in system exploits ( such as .jsp, .xsl, .dll). Changing the file extension to circumvent the file type restrictions is strictly prohibited and doing so may result in immediate suspension of the Services. A list of all allowable file type can be found here.
Sharing Your Content
The Services may provide features that allow you to share your content with others or to make it public. There are many things that users may do with that content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Infinite Campus has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Infinite Campus, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Infinite Campus, are responsible for maintaining all of your content. Infinite Campus will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content, so keep a backup copy of your content. We do, however, want you to be a happy user of the Services, and as such will do everything commercially reasonable to see that your content is there for you when you need it.
You are responsible for any activity using your account. You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You should immediately notify Infinite Campus of any unauthorized use of your account.
Infinite Campus Property
These terms do not grant you any right, title, or interest in the Services or the content in the Services. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of the United States. These Terms do not grant you any rights to use the Infinite Campus trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Infinite Campus Digital Repository Services Acceptable Use Policy. All users of the Services should be told of the Acceptable Use Policy.
Copyrights in your Content
Infinite Campus respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
The Services may contain links to third-party websites or resources. Infinite Campus does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your account immediately.
Infinite Campus Digital Repository Services is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Infinite Campus will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. This “AS-IS” only applies to the Services
described here, and does not change the Warranty or other terms of your Infinite Campus End User License Agreement.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INFINITE CAMPUS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT INFINITE CAMPUS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO INFINITE CAMPUS FOR THE PAST THREE MONTHS FOR THESE SPECIFIC SERVICES. Once again, this limitation of liability only applies to the Services described here. For all other portions of our software that you have licensed, your Infinite Campus End User License Agreement terms remain unchanged and in full force and effect.
We may revise these Terms from time to time and the most current version will always be available within the product. If a revision, in our sole discretion, is material we will notify you and may require you to re-accept the Terms. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
Miscellaneous Legal Terms
The General Terms and Conditions present in your Infinite Campus End User License agreement also apply to these Services; typically Section 10 of that Agreement. These General Terms and Conditions cover the ability to Assign agreements, the Governing Law, Amendments, Waivers, Severability, Headings and Construction, Force Majeure, Notices, Applicable Laws and Export Rules. Those General Terms and Conditions of the EULA are incorporated by reference. This way, if you have special terms and conditions that we agreed to before, they also apply to these Terms.
Pricing Terms and Conditions
Infinite Campus Digital Repository Service allows you to store a predetermined amount of your content free of charge. Infinite Campus will determine, at its sole discretion, the amount of free storage space granted. Generally, this amount will be equal to no less than 1MB per student. The “student count” will be the same student count used to determine your annual renewal for the Infinite Campus Products licensed through your EULA.
We will set the free storage allocation each year shortly after each Renewal Term. Your free allocation can be calculated from the invoice you receive from us and the free allocation will also be visible in the Service.
Infinite Campus reserves the right to terminate Free Storage at any time, with or without notice.
As you enable the Service you will have the choice to exceed your free storage allocation. If you choose to do so, you will be billed at $2.50 per GB used, on average, during the prior billing cycle. Billing will occur each year on each EULA Renewal Term anniversary, in arrears. Usage is defined by looking at the amount of storage used each month during the prior EULA term and averaging that amount. Only that amount in excess of your free allocation would be charged, and in the increment of 1GB.
Infinite Campus may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or through the Service. In no event will Infinite Campus institute changes to the Services that result in any fees being charged, or increases to the fees you have agreed to, without your expressed consent.