By using any product or service (“Service”) of eBackpack, Inc. (“eBackpack”), you agree to the following terms and conditions (“Terms of Service”) which are also incorporated by reference as a part of your contract and/or purchase agreement with eBackpack.
eBackpack reserves the right to update and change the Terms of Service from time to time. Any new features that change the then current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.eBackpack.com/terms
Anything placed inside, sent, or uploaded to the eBackpack service or created or modified inside the eBackpack service by or from any people or sources other than eBackpack is considered content (“Content”).
Violation of any of the terms below can result in the termination of your Account. While eBackpack prohibits certain language, conduct and Content on the Service, you understand and agree that eBackpack cannot be responsible for the Content posted on the Service and you and your users nonetheless may be exposed to such language, conduct, and Content. You agree to use the Service at your own risk, without any liability whatsoever to eBackpack.
Agreed General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an “as is,” “as available” and “with all faults” basis.
2. Receipt by eBackpack of emails or other written correspondence from you indicating your approval of an eBackpack proposal, invoice or the ordering of a Service (“proposal”) shall constitute written acceptance of the eBackpack proposal and serves as your binding agreement to the terms set forth in such proposal.
3. Any payment to eBackpack confirms your agreement to these Terms of Service.
4. The Service is billed in advance and is non-refundable. Payment in full is due upon billing. No refunds or credits will be given for partial months of service, upgrade/downgrade of service or features, changes in the number of users, for early termination or changes to the period of service or for any other reason. In order to treat everyone equally, no exceptions will be made.
5. Fees for Service are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6. Payments will be applied to the oldest charges first.
7. Interest will be assessed at the rate of 1.5% per month, or the maximum allowed by law, whichever is less, for all overdue balances after 30 days.
8. You agree to pay any and all fees and expenses associated with collection of any outstanding account balance including those of collection agencies and attorneys.
9. Charge-backs through a credit card company are subject to a $100 charge. Please contact eBackpack immediately if you believe there is any billing issue.
10. Returned checks will be subject to a charge of the littlest of $25 or the maximum amount permitted by law.
11. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. eBackpack has no liability for such loss.
12. Technical support is available through a support ticket system provided you have a current eBackpack subscription. You may be provided with chat or phone support at our discretion or based on your order for a paid support feature.
13. You understand that eBackpack uses third party vendors and hosting partners to provide some of the hardware, software, networking, storage, and other technologies used to run the Service. You agree that eBackpack may share account data with these vendors in connection with the delivery of your Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks including those not controlled by you or eBackpack; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. You understand and expressly agree that eBackpack shall not be liable for any undesired result of actions by any third party including, but not limited to, vendors, partners, or resellers including, but not limited to, loss or degradation of Content, access, or Service.
15. eBackpack mobile app(s) may be provided while permitted as part of our Mobile module. The release and availability of the eBackpack mobile app(s) requires cooperation of third party vendors and is at your own risk, without any liability to eBackpack.
16. eBackpack mobile and device specific applications are provided on a best available basis. eBackpack reserves the right to update and change the operating system(s) and device(s) supported by the Mobile Module from time to time. eBackpack may be subject to the review of third party organizations and accordingly may have no control over the availability of its applications or updates. eBackpack shall have no liability for non-delivery of a mobile or device specific application and same shall not be a failure to deliver Service from eBackpack.
17. eBackpack must be used in an educational environment. All uploaded Content must relate to the instructional activities of a classroom setting.
18. eBackpack may limit the amount of Content that can be uploaded per day.
19. You are responsible for all Content and activity that occurs in your account (even when Content is posted by others who have logins under your account or parent users allowed access to your account). Providing parent codes to any person, by you or another user who have logins under your account, constitutes allowing that person access to your account as a result.
20. 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. Reserving the right to remove Content in no way imposes any duty or obligation on eBackpack to do so and you represent and warrant that you will indemnify and protect eBackpack from any damages attributable in whole or in part to your, and your users’, Content.
21. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any eBackpack customer, employee, member, or officer can result in immediate account termination.
22. You agree not to 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).
23. You agree not to upload, post, host, or transmit unsolicited email, SMS messages, or “spam” messages.
24. You agree not to transmit any worms or viruses or any code of a destructive nature and to indemnify eBackpack from all damages and costs as a result of any such transmission.
25. You agree not to modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, eBackpack, or any other eBackpack service.
26. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express prior written permission from eBackpack.
27. You will not use the eBackpack Software for development, compilation, debugging and similar design-time purposes. You will not use any component of the eBackpack Software except for its intended purpose with eBackpack and only when you have an active eBackpack subscription for the component.
28. You will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the eBackpack Software or attempt to do any of the foregoing in relation to the Object Code of the eBackpack Software.
29. You will not modify, adapt, translate, or create any derivative works of the eBackpack Software or merge the eBackpack Software into any other software.
30. You will not test or develop any third party integrations with the eBackpack Software.
31. If your usage exceeds the average bandwidth usage or file space (as determined solely by eBackpack) of other eBackpack customers, we reserve the right to immediately impose limits as deemed necessary for the Service.
32. You are solely responsible for maintaining the security of your account and password. eBackpack is not liable for any loss or damage from your failure to comply with this security obligation.
33. Your account will automatically renew with eBackpack. Thirty (30) day advance written notification is required for all cancellations or non-renewals.
34. In the event you make changes to your systems that prevent eBackpack from fully functioning or require eBackpack to reconfigure or adjust components of its Service, eBackpack may charge a fee related to such additional work required.
35. You authorize eBackpack to make changes it deems reasonable or necessary related to the Service addresses, servers, data center locations, backup, systems, software, features, functions, or otherwise. Without any obligation to do so, eBackpack will, when feasible, endeavor to provide notice of changes if such changes could materially and negatively impact your connectivity to the Service. You agree to make or implement any modifications made necessary hereby so as to minimize any Service disruption.
36. eBackpack makes no warranties or representations regarding its Service and specifically disclaims any warranty that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
37. You understand and expressly agree that eBackpack 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 (“Damages”), (even if eBackpack has been advised of the possibility of such damages), including without limitation any 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) or any other matter relating to the Service.
38. The failure of eBackpack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and eBackpack governing your use of the Service, superseding any prior agreements between you and eBackpack (including, but not limited to, any prior versions of the Terms of Service).
39. You agree to indemnify eBackpack, Inc. and its employees, directors, families, and owners for any breach of the Terms of Service or in any and all matters related to your account.
40. You agree to provide information on any person within your account that may have engaged in any harmful or unlawful activity against eBackpack, eBackpack customers, or other users, upon written request from eBackpack.
41. Limits of Liability: the maximum liability from eBackpack is the unused remaining amount of your purchase and at no time may it exceed the purchase price. In no event will eBackpack ever be liable for any Damages that exceed the cost you paid for the Service. The sole remedy for any claims against eBackpack will be the return of monies paid for the Service.
42. eBackpack makes no warranties, express or implied, related to its Service.
43. Venue & Choice of Law: The Service and the Terms of Service as well as the contract or agreements with eBackpack are performable in Rockwall County, Texas. You agree that any dispute, claim or lawsuit with eBackpack shall be commenced and maintained solely in the District or County Courts of Rockwall County, Texas and shall be governed by Texas law. The parties consent to personal jurisdiction in the Courts of Rockwall County, and waive their right to object to that forum as inconvenient or otherwise inappropriate.
44. Questions about the Terms of Service should be sent to termsofservice@eBackpack.com
Account Specific Provisions
1. You must be a teacher, school administrator, or district administrator to sign up for an eBackpack account. Students can be added once inside your account.
2. You must be 13 years or older to establish an account on this Service. Persons under 13 may use the service as a user on a school or teacher account only. The school or teacher is responsible for receiving proper authorization from the child’s parent and ensuring conformance with the rules and policies. eBackpack strongly suggests the inclusion of eBackpack and these Terms of Service in any school use policy.
3. You must provide your full legal name, a valid email address, a valid phone number, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is expressly prohibited. You may create separate logins for as many people as you’d like, and are permitted by your plan, inside of the product.
5. If you share logins impermissibly or otherwise over use or over subscribe the Service you purchased, you authorize eBackpack, in its sole discretion, to: i) suspend the Service; ii) charge you for the additional users or over subscription for the entire period of your then current service term; or iii) both. You agree to pay all additional charges incurred as a result of your over use of the Service.
6. One person or legal entity may not maintain more than one free account.
7. A valid credit card is required for paying accounts (class and teacher). Free accounts are not required to provide a credit card number. A signed order, payment, or purchase order may be used for school or district accounts.
8. If you initially sign up for a trial teacher account, at the end of your trial you may be switched to a free plan, at eBackpack’s discretion. All users other than the account holder will not be able to log in to the site. If you have entered a credit card or chosen a plan, your account will be billed automatically to the credit card information that is on file. If you no longer want to continue on a paid version, you will need to change your subscription to the individual teacher plan before your account renewal and the processing of your payment. Cancellation means switching to the individual plan or shutting down your account – not notifying eBackpack that you would like to cancel.
9. An upgrade from the free plan to any paying plan will end your free teacher trial. You will be billed for your first payment period (typically 12 months) immediately upon upgrading.
10. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. You may receive a prorated charge as well.
E-Rate Orders Specific Provisions
1. Payment in full is due July 1 of the funding year.
2. Filing of a 471 for eBackpack services is contractual acceptance of the eBackpack proposal, pricing, terms, and conditions and represents your express agreement to the terms and provisions thereof as well as this Terms of Service.
3. E-Rate orders may not be canceled for any reason.
4. Should USAC deny funding for any portion of services or eligibility change, payment is due in full.
1. All files in eBackpack must be educational and relate to work in an educational environment.
2. eBackpack is not a back up service and should not be relied on as such.
3. Files may be permanently and irretrievably removed from eBackpack under the following data clean up policy:
a. Files in trash for 30 days.
b. Old versions of a file after 45 days.
c. Student files that are not in their E-portfolio at school year end.
d. Files that have not been downloaded in 14 months that are not in an E-portfolio.
4. eBackpack reserves the right to limit the amount of Content that can be uploaded per day or stored in your eBackpack account.
5. eBackpack plans are based on normal usage characteristics. eBackpack reserves in its absolute sole discretion the ability to determine normal use.
6. eBackpack may change the storage policies at any time, without notice, at its discretion.
Cancellation and Termination
1. For individual plans, class and teacher accounts, you are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in your account settings. The account settings page will allow you to change your account to the individual plan with a simple no questions asked change. Changes to your plan will immediately take effect.
2. All of your Content may be immediately deleted from the Service upon cancellation. eBackpack has no obligation to recover Content at any time, including once your account is expired or canceled.
3. If you cancel the Service before the end of your current paid up payment period, your cancellation will take effect immediately and you will not be charged again, nor will you be able to use the Service until the end of your paid period.
4. eBackpack, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other eBackpack service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. You agree that all obligations and liability you have under your contract or agreement with eBackpack and these Terms of Service expressly survive the cancelation or termination of your contract or agreement with eBackpack or the provision of eBackpack Service, including, without limitation, sections 5-9, 19, 26, 28, 36-41 and 43 of Agreed General Conditions.
6. Severability. If any provision or any portion hereof of this agreement is deemed to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remaining portion of that provision or of any other provision of this agreement, as each provision of this agreement shall be deemed to be severable from all other provisions hereof.
Modifications to the Service and Prices
1. eBackpack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the eBackpack Site ( http://www.eBackpack.com/plans ) or the Service itself.
3. eBackpack shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. You agree that all Content posted on the Service will comply with U.S. copyright law and copyright law relevant in all jurisdictions from which you access Content. Please review our copyright compliance policy ( http://www.ebackpack.com/copyright ). You agree to defend and indemnify eBackpack from damages or claims arising by your posting Content.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly or based on the usage of your account and the product, you agree to allow others to view and share your Content.
3. eBackpack does not pre-screen Content, but eBackpack 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.
Restrictions and Non-Disclosure
You covenant, represent and warrant not to: (a) disclose any download links, activation code, license key and/or registration information provided to You by eBackpack for Use in relation to the Software to any third party without eBackpack’s prior written consent; (b) copy the Software or Service, except solely as required to exercise the rights granted to You; (c) distribute, disclose, sell, sublicense, loan, lend, rent, give away, enable access to, un-bundle and/or repackage for distribution or resale, transfer or transmit, in any form or manner, whether temporarily or permanently, all or any part of the Software or Service; (d) use any component of the Software except for the sole purpose of Using the Service in accordance with this Agreement; (e) modify, adapt, or translate the Software or Service; (f) reverse engineer, reverse-compile or decompile, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Software or Service; (g) create derivative works based on, or any competitive or emulating software products using the Software or Service, and ownership of any such unauthorized works together with the copyrights, patents and trade secrets embodied therein will vest with eBackpack upon creation of the same; (h) make available in any manner to any third party, consultant, and/or non-affiliated person or entity the Software or Service as a stand-alone component to be Used for development, compilation, debugging or similar design-time purposes; (i) Use the Software or Service in or pursuant to any custom development services agreements with any third party without contacting eBackpack for further licensing and charges payable to eBackpack; (j) Use the Software or Service in a manner that infringes upon the lawful rights of others or in contravention of any and all applicable laws (including without limitations all applicable trademark and copyright laws); (k) use the Software or Service to provide network, application hosting or other services to third parties, or otherwise use the Software or Service on a service bureau or hosting basis for your users or participants; or (l) attempt, cause, permit or encourage any third party to do any of the foregoing. You also acknowledge that the Software and Service is subject to the export control laws and regulations of the United States of America. You agree that You shall comply with such laws and regulations, and shall not export or re-export any Software or Service, directly or indirectly in contravention of such laws and regulations. You agree to indemnify and defend eBackpack from and against any Damages arising out of any breach of the covenants herein.
Cooperation in Enforcement
The parties will during the Term and any renewal thereof and for a period of one year thereafter, or as requested, to the extent commercially reasonable under the circumstances, cooperate in the enforcement of all rights related to this agreement. Any failure to cooperate in the enforcement, within a reasonable time after notification, that results in unauthorized copying or use of the Software by any Customer, will, despite any other provision of this Agreement and without limiting any legal or equitable rights eBackpack may have, entitle the eBackpack to terminate this Agreement and/or seek damages.
Revised August 1, 2014