kwizNET Privacy Statement

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

This website ("Site") is brought to you by kwizNET Learning System LLC ("kwizNET"). At kwizNET we are serious about protecting your privacy, and this Privacy Statement discloses how we collect, protect, use, and share the personal information gathered on this Site. Please read this Privacy Statement carefully before using this Site.

Your use of this Site is subject to the Terms of Service (of which this Privacy Statement is part of) posted on this Site. The Terms of Service or any part thereof may be revised from time to time through an updated posting, and therefore you should check the Terms of Service (including this Privacy Statement) periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Service will indicate your acceptance of such revisions. If you have any questions concerning the Terms of Service (including this Privacy Statement), please contact us using online contact us form.

Collection and Use. (1) Student Information - This Site will in no event knowingly and directly ask any student for any personally identifiable information either online or offline, nor will it require any such information for a student to use or access the Site. However, in order to print award certificates, parents or teachers have the option of providing the first and last names of their students.

(2) Parent/Teacher Information - Each parent/teacher using the Site must provide the following contact information to the Site: the email address of the parent/teacher who will use this Site. Once the information is entered, the parent/teacher receives email with user identification and password, enabling him or her to log onto the Site and to enter or modify any student information for students that he/she subscribed for. The entry of all identifiable student personal data or assessment data is the parent/teacher's responsibility and kwizNET assumes no responsibility to enter, collect, or review any such data. When the parent/teacher initially purchases membership to this Site, through our payment processor (Paypal, an eBay company) we also ask the following information about the purchaser: street address, city, state, phone number, and credit card number.

kwizNET will have access to personally identifiable data or information of any student and/or teacher only on an "as needed" basis and solely to provide services to the parent/teacher in connection with this Site. kwizNET will take appropriate, commercially reasonable steps to keep such information confidential. kwizNET will not share any such personal information with any third party, except in the following circumstances: (a) in response to subpoenas, court orders or legal process, to the extent permitted and as restricted by law; (b) when disclosure is required to maintain security and integrity of the Site, or to protect any Site user's security or the security of other persons, consistent with applicable laws; or (c) when disclosure is directed by the parent/teacher.

Student progress, work and results from taking Quizzes, Tests, and Scored Games are collected automatically by this Site: (a) to provide customized content; (b) to assign or link to further coursework or resources; (c) to review and track test completion and results; and (d) to provide information that may be usable by parents/teachers and students for assessing or fostering student learning and progress. Non-personally identifiable data may be aggregated for statistical use by either the parent/teacher or kwizNET and shared with third parties.

PLEASE CONTACT THE YOUR PARENT/TEACHER IMMEDIATELY IF YOU NEED A NEW PASSWORD. PLEASE CONTACT US IMMEDIATELY IF YOU NO LONGER WISH TO USE THIS SITE, IF YOU DO NOT WANT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU YOU OR YOUR CHILD COLLECTED OR COMMUNICATED ON THIS SITE, OR IF YOU BECOME AWARE OF ANY UNAUTHORIZED USE OR ACCESS TO THIS SITE.

Security. This Site is protected by firewalls to prevent unauthorized break-ins. Unfortunately, no data transmission over the Internet is guaranteed completely secure. Given the inherent operation and structure of the Internet, all transmissions are done at your own risk.

Cookies. The use of cookies is common in the Internet industry. Cookies are small text files that a website transfers to your computer's browser. Cookie technology tells the website non-personally identifiable information, but does identify your computer, browser and Internet specifications. This Site uses cookies to measure traffic patterns, personalize content and control security.

IP Addresses. An IP address is a number automatically assigned to your computer by your Internet service provider. This Site may collect IP addresses, the associated URLs, domain types, the browser type used to access the Site, the country, state and telephone area code where the users' Internet service provider's servers are located, the pages of this Site that users viewed during their visit and any search terms entered on the Site. Collection of IP addresses is generally for system administration purposes, to gather broad demographic information, to monitor the level of activity on the Site and for security reasons. Personally identifiable information may be linked to IP addresses to protect the security or integrity of the Site.

Website Tracking. kwizNET uses website tracking service provided by 1and1.com, our website hosting provider, to collect anonymous visitor data on our site. If you would like to learn more about the 1and1.com service and to view their privacy statement, please click here:

http://www.1and1.com/xml/order/PrivacyPolicy

Links to Other Sites. This Site may contain links to other websites on the Internet. The information practices of those websites are not covered by this Privacy Statement or any other policies or terms applicable to this Site. You should read the terms and policies of those other websites before supplying information to that site or otherwise using the site.

Email. This Site allows you to contact kwizNET directly via email through the use of the "Contact Us" link on the Site. If a student emails kwizNET directly through the use of the "Contact Us" link, any personally-identifying information submitted by such student (including email address) will only be used to respond on a one-time basis to such student and will thereafter be deleted from kwizNET's records.

Ownership. This Site is owned and operated by kwizNET.com and the contents of this Site are protected by copyright of kwizNET and/or its licensors.

Additional Information about Privacy. This Site will not knowingly ask a child under the age of 13 for any personally identifiable information concerning such child. We are aware of the policies that protect children, including the Children's Online Privacy Protection Act and the rules adopted by the Federal Trade Commission thereunder. If you want additional information on the Children's Online Privacy Protection Act, it is available at: http://www.access.gpo.gov/nara/cfr/waisidx_00/16cfr312_00.html. If you have any concerns or questions about privacy on this Site, please contact us using the Contact Us form on our site. Our email address is info@kwiznet.com.

kwizNET.com (Revised - January, 2004)


Terms of Service

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

This website ("Site") is brought to you ("you" or "User") by kwizNET.com ("kwizNET"). Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement, collectively referred to as the "Terms of Service"). The Terms of Service may be revised from time to time through an updated posting, and therefore you should check the Terms of Service periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Service will indicate your acceptance of such revisions.

This Site provides parents/teachers with the capability to use and administer quizzes and tests, and store student test information. This Site and its Services are provided to the parent/teacher and, through the parent/teacher, to their students. It is important to us that this Site provides a helpful and reliable experience to all Users. To protect our rights and yours, we have prepared this Terms of Service that apply to all visitors to this Site. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. If you have any questions concerning the Terms of Service, please contact us using the "Contact Us" form to send us an email message.

BY REGISTERING FOR kwizNET OR BY SIMPLY USING OR DOWNLOADING INFORMATION FROM THIS SITE (IF YOU ARE A STUDENT), YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS OF SERVICE (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE GOVERNING THIS SITE (INCLUDING ANY PART OF THE PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT AND HAVE BEEN GIVEN A USER IDENTIFICATION AND PASSWORD BY THE PARENT/TEACHER TO ACCESS THIS SITE, YOU SHOULD INFORM THE PARENT/TEACHER OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND PASSWORD TO THE PARENT/TEACHER. BY REGISTERING FOR kwizNET OR BY SIMPLY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THIS TERMS OF SERVICE.

Privacy. kwizNET is concerned about the safety and privacy of all Users of this Site. Please read our Privacy Statement, which is an important part of this Terms of Service.

User License. Users are granted, subject to this Terms of Service, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of kwizNET's copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by kwizNET to do so.

If you are a parent/teacher, you agree to: (a) provide true, accurate, current and complete information about you as prompted by the Registration Page and the User Page, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, this Site has the right to terminate your account and refuse any and all current or future use of the Service.

kwizNET does not guarantee the accuracy or completeness of any information or content on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefullness of such content.

Access. Access to some sections of this Site is restricted to those Users holding current, valid user identifications and passwords. The parent/teacher controls, manages and administers the grant of such user identifications and passwords. The parent/teacher warrants that any such user identifications and passwords shall be kept in a safe and secure place and will be distributed only to students of such parent/teacher. kwizNET (or in the case of an individual student, the parent/teacher) may terminate access to any User at any time for any reason without notice. User identifications and passwords are personal and may not be shared or transferred by any User. User identifications and passwords must be kept confidential. It is important that you log off at the end of each session. The parent/teacher has contracted with kwizNET to bring you this Site. Accordingly, if you are a student, your ability to access the Site (including the expiration date of your user identification and password) is strictly controlled by the parent/teacher.

Unlawful Use. As a condition of your use of this Site, you warrant to kwizNET that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Service. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site.

Service Terms. In order to use this Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices.

Termination. kwizNET reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site or the Services, or any part thereof, with or without notice. You agree that kwizNET will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site or Services, or any part thereof. Further, kwizNET and the parent/teacher reserves the right to terminate your user identification and password and your use of this Site or any of the Services for any reason, including your failure to pay the annual fee within 60 days of its due date, or if kwizNET believes that you have violated or acted inconsistently with this Terms of Service, including, without limitation, the Privacy Statement. You agree that any termination of your access to this Site or any Services under any provision of this Terms of Service may be effected with or without prior notice, and acknowledge and agree that kwizNET may immediately deactivate or delete your user identification and password and all related information and files under your user identification and password and/or bar any further access to this Site or any Services. Further, you agree that kwizNET will not be liable to you or any third party for any termination of your access to this Site or any of the Services.

Security. You are responsible for maintaining the confidentiality of your user identification and password, and are fully responsible for all activities that occur under your user identification and password. A student's user identification and password should only be disclosed to the student and the student's parents/guardians. You agree to (a) immediately notify this Site of any unauthorized use of your user identification or password, or another User's user identification or password, or any other breach of security, and (b) ensure that you exit from use of this Site under your user identification and password at the end of each session. kwizNET cannot and will not be liable for any loss or damage arising from your failure to comply with this Terms of Service.

Links to Other Sites. This Site may provide links to other websites or resources, including those designated by the parent/teacher. Because we do not control such websites and resources, you acknowledge and agree that kwizNET is not responsible or liable for the content, products or performance of such external websites and resources, and you hereby irrevocably waive any claim against kwizNET with respect to such websites and resources. kwizNET reserves the right to terminate any link at any time without notice. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by kwizNET of that website or resource, or any products or services provided therein. We recommend that you review any Terms of Service and privacy policy of a linked website before providing any information to that website or using its products and services.

Copyright and Trademark Notices. The entire content of this Site and any supporting software are the proprietary property of kwizNET and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of kwizNET and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of kwizNET.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICES AND THIS SITE IS AT YOUR OWN RISK. THE SERVICES AND THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. kwizNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) kwizNET MAKES NO WARRANTY THAT (i) THIS SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THIS SITE WILL MEET YOUR EXPECTATIONS, (v) ANY POSTING WILL BE RELIABLE, ACCURATE OR CORRECTLY FORMULATED, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICES OR THIS SITE WILL BE CORRECTED.

(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, OR ANY MATERIAL INPUTTED, THROUGH THE USE OF THE SERVICES AND THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; kwizNET SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICES AND THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES AND THIS SITE.

Limitation of Liability. IN NO EVENT SHALL kwizNET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES OR THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THIS SITE.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify and hold kwizNET and its parent, subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services or this Site, your connection to the Services or this Site, your violation of this Terms of Service, or your violation of any rights of another User.

Submissions. kwizNET always welcomes suggestions and comments regarding this Site from Users. Any comments or suggestions submitted to this Site or kwizNET, either online or offline, will become kwizNET's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by kwizNET might seem to others to be similar to their own submissions or comments.

Violations. Please report any violations of the Terms of Service to us using the "Contact Us" form to send us an email message.

kwizNET.com (Revised - January, 2004)