eBackpack, Inc. Terms of Service
By using the eBackpack product (“Service”), all services of eBackpack, Inc (“eBackpack”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
eBackpack reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the 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 the product or sent to your eBackpack is considered content (“Content”).
Violation of any of the terms below will result in the termination of your Account. While eBackpack prohibits such conduct and Content on the Service, you understand and agree that eBackpack cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- 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.
- You must be 13 years or older to have an account on this Service. People under 13 may use the service as a user on a school or teacher account.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like inside of the product.
- You are responsible for maintaining the security of your account and password. eBackpack cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have logins under your account).
- One person or legal entity may not maintain more than one free account.
- 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).
- eBackpack must be used in a K-12 educational environment. All uploaded content must relate to the instructional activities of a classroom setting.
- eBackpack may limit the amount of content that can be uploaded per day.
- Your account will automatically renew with eBackpack. 30 day advance notification is required for all cancellations.
Payment, Refunds, Collections, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts (class and teacher). Free accounts are not required to provide a credit card number. A check and purchase order may be used for school or district accounts.
- If you initially sign up for a trial, at the end of your trial you will be switched the free, individual plan. 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 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.
- An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance and is non-refundable. Payment in full is due upon billing. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees 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, excluding only United States (federal or state) taxes.
- Charge-backs through a credit card company are subject to a $100 charge. Please contact eBackpack if you believe there is any billing issue.
- You will be responsible for any and all fees and charges associated with collection of any outstanding account balance.
- 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.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. eBackpack does not accept any liability for such loss.
- Payment in full is due July 1 of the funding year.
- Filing of a 471 for eBackpack services is contractual acceptance of the eBackpack proposal, pricing, terms, and conditions.
- E-Rate orders may not be canceled for any reason.
- Should USAC deny funding for any portion of services or eligibility change, payment is due in full.
- All files in eBackpack must be educational and relate to work in a K-12 environment.
- Files may be permanently and irretrievably removed from eBackpack under the following data clean up policy:
- Files in trash for 30 days.
- Old versions of a file after 45 days.
- Student files that are not in their E-portfolio at school year end.
- Files that have not been downloaded in 14 months that are not in an E-portfolio.
- eBackpack reserves the right to limit the amount of content that can be uploaded per day or stored in your eBackpack account.
- eBackpack reserves in its absolute sole discretion the ability to determine normal use. eBackpack plans are based on normal usage characteristics.
- eBackpack may change the storage policies at any time, without notice, at its discretion.
Cancellation and Termination
- 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 by clicking on the Settings link in the global navigation bar at the top of the screen. 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.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.
- If you cancel the Service before the end of your current paid up month, 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.
- 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.
Modifications to the Service and Prices
- 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.
- Prices of all Services, including but not limited to monthly 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(www.eBackpack.com/plans) or the Service itself.
- 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
- All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy
- 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.
- 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.
- The look and feel of the Service is copyright© eBackpack, Inc. The terms eBackpack and eBox are trademarks of eBackpack. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from eBackpack.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email. You may be provided with chat or phone support at our discretion or based upon your upgrading to a paid support level.
- The eBackpack iPad app is provided at no charge while permitted as part of our iPad module . Should the app no longer be available through the App store, eBackpack will continue to offer the WebDAV based iPad access as full service for the iPad module.
- You understand that eBackpack uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not 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.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eBackpack.
- 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.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any eBackpack customer, employee, member, or officer will result in immediate account termination.
- 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; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMS messages, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds the average bandwidth usage (as determined solely by eBackpack) of other eBackpack customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- eBackpack does not warrant 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.
- You expressly understand and 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 (even if eBackpack 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) or any other matter relating to the service.
- 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 constitutes the entire agreement between you and eBackpack and govern 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).
- You agree to indemnify eBackpack, Inc and its employees, directors, families, and owners in any and all matters related to your account.
- 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.
- eBackpack makes no warranties, express or implied, related to its service.
- Conflict of Law & Choice of Law: All legal matters must be brought forward in Rockwall County, Texas and are governed by Texas law.
- Questions about the Terms of Service should be sent to termsofservice@eBackpack.com