The following Terms of Service ("TOS") govern use of this web site and all features therein ("the Service.") Please read them carefully. By using the Service, you agree to adhere to these terms and conditions.
Membership: The Service is provided to persons who are at least 18 years of age and minors who have parental consent to use the Service ("Members"). The service is offered by KSURF.net ("We", "Us" and "Our") at our sole discretion. We may modify or discontinue the Service or decline, restrict, modify or suspend any Member's use of the Service at any time and for any reason at our sole discretion.
User Registration: In consideration of your use of the Service, you agree to: (a) provide true and current information about yourself when you subscribe, and (b) promptly update your user profile as required. If you provide any inaccurate or incomplete information, or if we reasonably believe that such information is inaccurate or incomplete, we may at our sole discretion suspend or terminate your account and limit or refuse current or future use of the Service.
- Most courses listed as "FREE" in our catalog are paid classes that we've decided to offer free of charge on a promotional basis, such as for a limited 30-day enrollment period. These classes may revert back to paid courses at the end of the promotion, or they may remain free offerings at our discretion.
- To enroll in a free class, you must create a virtual desk (if you don't already have a desk) and add the class to your schedule while it is listed as "FREE" in our catalog. Once a course has reverted to paid content, free enrollments will not be accepted.
- Free classes will remain free for the duration of your subscription, even if the class reverts to paid content after you have enrolled.
- Enrollment is limited to KSURF members in good standing. Former members who have had their KSURF or VU access suspended for any reason are not eligible to enroll in free classes.
- Free classes are fully functional and all classroom features work, including quizzes, homework modules and exams. However, we do not record grades or issue CEUs for free classes, and these courses will not appear in your eTranscript. If you want a grade and CEUs to be recorded in your eTranscript, you may request manual recording. A $12.00 processing fee per course is charged for this service. Contact the Registrar if you have earned a passing grade in a class that you wish to have recorded.
Course Subscriptions: When you enroll in a course, you will have a fixed period of time to complete the coursework, generally 60 to 90 days, depending on the class. This "subscription period" applies to all classes, both free and premium. The "Class Ends" date is displayed in the Class Schedule widget on your KSURF desk. If you do not complete a course by the deadline, its status will change to "EXPIRED." Once a course expires, you may re-enroll and pay the current registration fee to continue accessing the class materials and final exam, or you can use the "DROP" option to conveniently remove the class from your schedule.
Grades and Transcripts: Once a grade has been recorded in your eTranscript, we will maintain a record of the class for six years from the date of course completion. Grades older than six years are considered obsolete by many employers and agencies that recognized our CEUs and will be deleted from your eTranscript. If you want a record of these older courses for your personal use, you must print out your eTranscript before obsolete classes are purged. Once a grade has been purged, it cannot be recovered and we will no longer have any record of your participation in the course.
Copyright: All content, including text, graphics, multi- media content, and other material on this web site is copyright by KSURF.net or the respective owners of such content unless indicated otherwise.
Proprietary Content: By using the Service, you agree that all material on this web site, including but not limited to text, graphics, music, software, and multi-media files ("Content") is protected by copyright, trademark, patent, or other proprietary rights and laws. You may use the said Content for personal, noncommercial use only. You may not copy, transmit, modify, reproduce, upload, republish, or distribute this Content in any manner without our written consent.
Trademarks: Logos and service names appearing on this web site may be our registered or unregistered trademarks or service marks and may not be used in connection with any product or service that is not ours, in any manner that reflects unfavorably on us, or in any manner that is likely to cause confusion among our users or the general public.
Netiquette: By participating in message forums, chat rooms, and other discussion venues on this Site which are accessible to Members or the general public, you agree that you will not:
- defame, abuse, harass, intimidate, annoy, or threaten any other person;
- make bigoted, hateful, vulgar, obscene, racially offensive or otherwise inflammatory statements, or post any such comments or materials;
- interfere with any other Member's enjoyment of the Service;
- advocate illegal activity of any kind or discuss such activities with the intent to commit them or incite others to do so;
- post any material that contains a computer virus, pirated intellectual property, or any copyrighted material (unless you have the owner's consent in writing), or that violates any right of any third party or any law.
- spam or in any manner solicit any person, or post commercial advertising of any kind, unless such materials are expressly authorized by us.
Messages and other content posted by users on forum boards, in chat rooms, or elsewhere on this web site may be edited or deleted at our sole discretion.
Discussion Boards: Discussion occurs on various forum boards. These boards are not free speech zones and are subject to moderation. By using the Service, you acknowledge and agree that complaints, insults, moral rants, or other inappropriate material described above are not permitted. Also, you should use discretion and common sense when posting messages: never divulge your phone number, work or home address, credit card numbers, or other confidential information on a public forum at our site or anywhere else on the Internet.
WikiEdit Contributions: By participating in our WikiEdit knowledge-sharing program and by posting, uploading, emailing or otherwise communicating to us suggested revisions or additions to our existing Content, or by sharing new Content, you grant us a royalty-free, perpetual, irrevocable, exclusive and sub-licensable right to use, reproduce, modify, adapt, publish, display, and create derivative works from such Content worldwide, and you expressly waive compensation for such material. You acknowledge that we are not obligated to accept or use the said material, which we may edit or revise at our sole discretion. We retain the sole and exclusive copyright on all underlying Content and derivative works incorporating WikiEdit contributions. You warrant that all material you submit is created solely by you, is not plagiarized, and does not infringe on any copyright or other intellectual property rights of any third party. You agree to hold us safe and harmless from any and all claims arising from alleged copyright infringement and other violations of intellectual property rights arising from any material that you contribute under this provision.
Consent and Release: Excluding WikiEdit contributions as described above, by corresponding with us or posting comments or other writings and content of any kind on forum boards, or by transmitting such Content to us by email, fax or any other means, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, display, and create derivative works from such Content worldwide, and you expressly waive compensation for such material. Except as otherwise provided in the foregoing paragraph, you retain full copyright and ownership of all original Content that you create and post on our forum boards: you are only granting us a nonexclusive right to use this content and only in the manner herein described. You may edit, revise, repost, adapt or publish such original Content on your own website or elsewhere and in any form or venue of your choosing.
Refunds and Chargebacks: Membership fees fees are nonrefundable processing charges; however, if you are dissatisfied with any service we provide, you may request a one-time courtesy refund. In consideration of this refund guarantee, you agree that you will not initiate credit card chargebacks or stop payments on checks and that doing so will result in a $50 penalty fee being assessed to you for each such occurrence.
Limitation of Liability: We make no representation that Content on this web site is appropriate or authorized for use in all countries, states, or other jurisdictions, or that the Service will meet your requirements. We do not warrant or represent that the Content is accurate, complete, correctly sequenced, timely, or reliable; or that the Service will be uninterrupted or error-free, or that software defects, if any, will be corrected. The Service is provided on an "AS IS" and "as available" basis. To the full extent allowed by law, we disclaim all warranties, express or implied. You agree that use of the Service is at your own risk. Any Content obtained through the Service is at your prerogative and you are solely responsible for any damage to your computer system or loss of data resulting therefrom. You further agree that we are not responsible or liable for any illegal, offensive, obscene, threatening or defamatory content or conduct of any other party(ies), or any infringement of another's rights, including intellectual property rights.
Under no circumstances, including but not limited to negligence or breach of contract, will we or affiliated parties be liable for any direct, indirect, incidental, punitive, or consequential damages (including lost profits) arising from your use of the Service, or any omissions, errors, or defects in the Service or the Content, even if we have been advised or are aware that such conditions may exist. In no event shall we aggregate liability to you or any other third party for any loss, damage or claim arising out of the Service which exceeds the total amount paid by you to us, if any, for the Service.
Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, hence, some or all of the foregoing provisions may not apply to you.
Indemnification: You agree to indemnify and hold us and our subsidiaries, affiliates, officers and employees safe and harmless from any and all losses, actions, suits, controversies, proceedings, demands, claims, or causes of action of any kind, whether by formal or informal proceeding, or by letter, brought or asserted in any manner, and all losses, claims, liabilities, costs, interest, penalties, expenses, and damages (including reasonable attorneys' fees and costs of suit, whether incurred before, during, or on appeal of any trial, arbitration, or bankruptcy proceeding), regardless of cause or responsibility for negligence and whether or not caused by you, us, or others, related to or arising, directly or indirectly, from your use or inability to use the Service.
Updates: We reserve the right to change the TOS at any time and to notify you by posting an updated TOS on our web site. Any use of the Service by you after such update shall be deemed to constitute irrevocable acceptance by you of such amendments, modifications, or new conditions.
Termination: You or we may terminate the Service at any time, for any reason, and effective immediately. In addition, at our sole discretion, we may terminate your account for: (a) violation of the letter or spirit of the TOS; or (b) if any information that you provide to us is inaccurate. Upon such termination, you agree to immediately discontinue using the Service and destroy all Content and materials obtained from it.
General: This agreement shall be construed under and governed by the laws of the state of Wyoming without effect to any principles of conflicts of law. You and we mutually agree to submit to the exclusive jurisdiction of the courts located in the state of Wyoming. If any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision hereunder shall not constitute a waiver by us of such right or provision. Any rights not expressly granted herein are reserved.
You and we mutually acknowledge and agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise, such action is permanently barred.