Terms of Sevice
1. Acceptance of Terms
1.1 Mathematical Association of America (referred to here as "MAA") provides its Service (as defined below) to You through its web site located at www.webwork.maa.org (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company, institution or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 MAA may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.webwork.maa.org/terms. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
2. Description of Service
The "Service" includes hosting of (a) WeBWorK (b) the user-created content including student records and problem sets and (c) all software, data, text, images, and other media and content made available through the Site or services. WeBWorK is an open-source, community-developed software product that is supported by the user community. WeBWorK is free to download an run on your own hardware. The "Service" includes hosting of the WeBWorK system within MAA’s datacenter which is made available via the Web. MAA will update the hosted software to the latest stable and tested release on an annual or semi-annual basis. As with any hosted service, the MAA will apply security patches and will update operating systems to the latest stable release periodically. Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal educational purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. You agree to use all reasonable efforts to properly maintain and protect all accounts and passwords in order to protect data stored within the system.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to MAA. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with MAA, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that each student account may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many students as Your plan allows.
3.4 MAA reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
3.5 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; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to MAA third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. MAA will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
3.6 The failure of MAA to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and MAA, even though it is electronic and is not physically signed by You and MAA, and it governs Your use of the Service and takes the place of any prior agreements between You and MAA.
4. Trademarks
WeBWorK and MAA’s various logos used or displayed on the Service are trademarks of MAA and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the MAA products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
5. Payment and Refunds
5.1 Trials and Payments. The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally semi-annually). If You continue to use the Service beyond the trial period without payment, Your account will be suspended and can only be reactivated by purchasing a WeBWorK Hosting Plan.
5.2 Plan and Price Changes. Pricing is set by the MAA and subject to change at any time.
6. Cancellation and Termination
6.1 You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by calling MAA’s Service Center at (800) 331-1622. There are no other means of canceling Your account. You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. The Service is priced and provisioned on a semi-annual term. There are no partial refunds for cancelling mid-term.
6.2 MAA reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if MAA believes that You have violated these TOS. y will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. MAA shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7. Disclaimer of Warranties
The service, including the site and content, and all server and network components are provided on as "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law and MAA expressly disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that MAA does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from MAA or through the service shall create any warranty not expressly stated in this TOS.
8. Limitation of Liability
8.1 Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall MAA be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, MAA shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of the time of any claim for monetary damages or one hundred ($100) U.S. dollars. The provisions of this section allocate the risk under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these states, MAA liability will be limited to the greatest extent permitted by law.
9. Assignment
MAA may assign or transfer this TOS, in whole or in part, without restriction.
10. Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
11. Governing Law and Venue
These TOS shall be governed by the laws of the District of Columbia without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the District of Columbia for the purpose of resolving any dispute relating to Your access to or use of the Service.