FreshChalk Terms of Service

Niveon Technology ("Niveon Technology") provides FreshChalk.com and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.

Niveon Technology reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.freshchalk.com/tos.html

Violation of any part of the Terms of Service will result in termination of your account.

  1. General Account Terms

    The General Account Terms apply to any person using the Service, including but not limited to: students, alumni, prospective students, parents, and teachers.

    1. You must be 13 years or older to use this Service.
    2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
    3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
    4. You are responsible for maintaining the privacy and security of your account. Niveon Technology will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
    5. You are responsible for all Content posted and activity that occurs under your account.
    6. One person may not maintain more than one user account.
    7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  2. Teacher Account Terms

    The Teacher Account Terms, in conjunction with the General Account Terms, apply exclusively to teachers.

    1. You must be currently employed in a teaching capacity at a recognized institution of education. Institution recognition and determination of your job capacity is at the sole discretion of Niveon Technology.
    2. You consent that Niveon Technology may verify your employment at its sole discretion through actions including but not limited to: calling your institution, requesting a copy of your institution-provided identification card, or making a general search of public records.
    3. One teacher may not maintain more than one free trial account.
    4. Your website may be promoted and linked by Niveon Technology as example uses of the Service.

  3. Payment and Refunds

    1. Billing for services occurs on a yearly basis.
    2. No method of payment is required to create or use a free or free trial account.
    3. A valid credit card or check are the only valid methods of payment.
    4. There will be no refunds or credits for paying accounts for any reason. No exceptions will be made.
    5. We recognize that an institution may require Niveon Technology to apply for and obtain a recognized "vendor" status before payment is remitted. Niveon Technology will make a good faith effort to obtain such "vendor" status if required, but reserves the right to cancel the "vendor" application process, demand an alternative method of payment, or terminate your account at its sole discretion.

  4. Cancellation and Termination

    1. You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Account link in the Service's navigation menu. The Account screen provides a simple link to cancel your account. E-mail or phone requests to cancel your account will not be deemed cancellation.
    2. Your account and all of its Content will be deleted immediately upon your cancellation of the Service.
    3. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately but you will not be charged again.
    4. Niveon Technology reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Niveon Technology may refuse service to anyone for any reason at any time.

  5. Modifications to the Service and Prices

    1. Niveon Technology reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
    2. Prices of all Services, including but not limited to yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FreshChalk Site (http://www.freshchalk.com) or the Service itself.
    3. Niveon Technology shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  6. Copyright and Content Ownership

    1. Niveon Technology claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
    2. Niveon Technology does not pre-screen Content, but Niveon Technology and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

  7. General Conditions

    1. Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
    2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Niveon Technology.
    3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
    4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Niveon Technology customer, employee, member, or officer will result in immediate account termination.
    5. You may not use the Service to transmit any viruses, worms, or malicious content.
    6. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Niveon Technology) of other FreshChalk customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
    7. Niveon Technology makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free, and (iv) that bugs or errors in the Service will be corrected.
    8. You expressly understand and agree that Niveon Technology shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Niveon Technology has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
    9. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
    10. The failure of Niveon Technology to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Niveon Technology as to the Service and supercedes any prior agreements between you and Niveon Technology (including but not limited to, prior versions of the Terms of Service).
    11. Any questions regarding the Terms of Service should be addressed to support@freshchalk.com.