This is an agreement between the Customer and eNetLearning regarding your use of eNetLearning services. This Agreement governs the terms and conditions under which eNetLearning makes the services offered by eNetLearning available to consumers through a personal computer or similar access, or to individual costumer or small businesses in connection with the eNetLearning services. Under this Agreement, you must comply with eNetLearning’s current “Acceptable Use Policy,” as updated from time to time by eNetLearning.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
eNetLearning expressly disclaims any representation or warranty that the eNetLearning services will be error-free, secure or uninterrupted. No oral advice or written information given by eNetLearning, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Customer agrees not to transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by eNetLearning, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of eNetLearning based upon the severity of the violation. eNetLearning reserves the right to refuse service if any of the content within, or any links from, the Customer is deemed illegal, misleading, or obscene, or is otherwise in breach of eNetLearning then current Acceptable Use Policy, in the sole and absolute opinion of eNetLearning.
The Customer agrees to indemnify and hold harmless eNetLearning from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by eNetLearning, (collectively, claims) related to or in connection with the Customer. The terms of this Section will survive any termination of this Agreement.
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that eNetLearning reserves the right to change the specified rates and charges from time to time.
The Customer agrees to follow generally accepted rules of “Netiquette” when sending email messages or posting to newsgroups. Customer is responsible for security of its password. eNetLearning will not change passwords to any account without proof of identification, which is satisfactory to eNetLearning, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that eNetLearning will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will eNetLearning be liable for any losses incurred by Customer during this time of determination. The Customer agrees to indemnify and hold harmless eNetLearning from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
The Customer agrees not to harm eNetLearning, its reputation, programming and/or other persons using eNetLearning’s services. If the Customer refuses to comply with this Section, then eNetLearning has the right to terminate the services provided to the Customer without any refunds of the unused portion prepaid by the Customer.
The Customer agrees to indemnify and hold harmless eNetLearning and any other Customer from any and all Claims resulting from the Customer’s use of the services provided by eNetLearning. The terms of this Section will survive any termination of this Agreement.
eNetLearning shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading of materials from the website or online services. In no event shall eNetLearning be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this website or online services.
eNetLearning will use its best efforts to maintain its online services. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disasters, acts of God, or human error. In no event shall eNetLearning be liable to the Customer for any damages resulting from or related to any failure or delay of eNetLearning in providing access to the online services under this Agreement. In no event shall eNetLearning be liable to the Customer for any indirect, special or consequential damages or losses arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of eNetLearning under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Customer hereunder. The terms of this Section will survive any termination of this Agreement.
This Agreement applies to all accounts associated with your principal account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An eNetLearning account may not be transferred without prior written approval from eNetLearning. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the eNetLearning services, including any damages resulting there from, until the Customer notifies eNetLearning.
This Agreement constitutes the entire agreement between the Customer and eNetLearning with respect to the eNetLearning services and supersedes all prior agreements between the Customer and eNetLearning. eNetLearning’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in El Paso County, Colorado. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
The Customer agrees to indemnify and hold eNetLearning harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and eNetLearning will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Colorado (excluding its choice of law rules) and the federal laws of United States applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of El Paso County, Colorado for any action arising out of or relating to the Customer’s use of the eNetLearning services. The federal and provincial courts of El Paso County, Colorado will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
Money-Back Guarantee – Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller Customer’s can receive a refund if account is cancelled within the initial 7 days after sign up. If the Customer cancels after the time period specified, there will be no refund given.
Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. There is no refund for domain registrations regardless of whether or not it is within the 30 day initial period of time after sign up. If the account holder cancels after the time period specified (30 days), there will be no refund given. All cancellations can be done in writing or by email. eNetLearning will acknowledge cancellation request by customer within 48 hours at which time the cancellation request has been accepted by eNetLearning.
eNetLearning(formally eNetColorado) is a project of the Centennial Board of Cooperative Educational Services (CBOCES)
Contact:
Centennial BOCES
eNetLearning
2020 Clubhouse Dr.
Greeley Colorado 80634
303-772-4420
