poliSCHOOL Terms of Service


By using poliSCHOOL (the “System”, “poliSCHOOL”, the “Service”) you agree to this Terms of Service (TOS) covering all poliSCHOOL and related services provided by Paul W. Hughes (dba poliARC), poliARC employees, partners, contractors, and vendors (“We”, “Us”, “poliARC”).
These policies apply to all poliSCHOOL users including: employees, contractors, consultants, applicants, students, graduates, vendors, demo site users — anyone and everyone who has been given or taken access to the System by logging in with a username or student ID, and password (“You”, “Users”,  “School”, “Thou”, “Thee”).

THE BASICS:

BY USING POLISCHOOL YOU AGREE TO THIS TERMS OF SERVICE.

By using poliSCHOOL You agree to practice due diligence to protect the personal data stored in the System, including but not limited to, not sharing your username or password, using unique passwords, not storing your login credentials on public or shared computers and/or web browsers, and NOT activating autofill and/or agreeing to turn off autofill for the poliSCHOOL domain on which the Service is accessed.

You agree to log out when you leave the device on which you are accessing poliSCHOOL. You agree NOT grant system access to any person who is not directly employed by, or in the process of enrolling at, School. You agree to revoke access to any individual, once discovered, who should not have access to poliSCHOOL.

SCHOOL ASSUMES AND ACCEPTS FULL RESPONSIBILITY, ACCOUNTABILITY, AND LIABILITY FOR ACTIONS OF ITS USERS ON THE SYSTEM. This includes but is not limited to: staff, faculty, instructors, recruiters, representatives, students, applicants, and any individual who has been granted access to the System at any user level.

By using poliSCHOOL You agree to fully indemnify, hold harmless, and not hold poliARC, its principles, employees, partners, contractors, or vendors liable for any action, claim, complaint, loss (data, financial and all other possibilities, real or perceived) related to use of the System, including claims by third parties, proxies, lawyers, gremlins, and aliens from outer space. Basically, You agree that no matter what happens and under any circumstance, you shall not sue poliARC. Thou shall not sue Us. We, in turn, agree that We will work very hard to provide a high-quality service and work with you, within reason, to address issues that may arise. We, You, and the Universe are imperfect. But when we work together in good faith, neat things tend to happen – though are never guaranteed. Such is Life. So let’s get to work.

THE DETAILS:

ACCEPTABLE USE & GUIDELINES

You agree NOT to do any of the following:

  • Access, exploit, tamper with, hack, scan, reverse engineer or generally do shady things with poliSCHOOL system files, the Service support system, or hosting environment (including but not limited to email, FTP, CRON, database, domains, etc.). Attempting to access or change the hosting environment in any way without written permission from poliARC is prohibited. Bigly. poliARC reserves the right to terminate all contracted services without notice if we believe Client has improperly accessed server resources or tampered with the system in any way.
  • Attempt to circumvent any security measures in the System.
  • Interfere with the use of any other poliSCHOOL users, including using someone else’s username and password, “flooding” the system with requests, creating network problems, or generally intentionally acting in a way that degrades the system and others’ ability to use it.
  • Use the Service for “black hat” type marketing including but not limited to phishing, unsolicited email or text messaging. If a person requests to be removed from a list and/or no longer contacted, you agree to fulfill that request.
  • Embed poliSCHOOL forms or system components in any other website without express permission from poliARC.
  • Move the System or any of its components to any other hosting environment not managed by poliARC.
  • Upload, create or distribute content that violates copyright or privacy; promotes or encourages violation of the law, violence, bigotry, or discrimination; or is fraudulent or misleading.
  • Collect personal data without that person’s knowledge.
  • Use the Service to violate any applicable law or regulation.
  • Share your password.
  • Release private and personal data without explicit permission from the individual.
  • Sell any data you collect while using poliSCHOOL (e.g. sell inquiries to third parties)
  • Engage in any illegal activities in any jurisdiction.

THE SERVICE

poliARC agrees to provide user support for School employees, contractors, and consultants. The School is responsible for supporting students, applicants and leads. In extreme circumstances, poliARC is always willing to help, but the School agrees to NOT refer students or distribute access the poliSCHOOL Support mechanisms (email, phone, video meeting rooms) to non-employee users.

poliARC does not guarantee the functionality of poliSCHOOL, the servers on which it functions, or the connectivity of the Internet – sometimes an Internet connection does down. Sometimes software has bugs. Sometimes a server needs maintenance, and sometimes something just goes wrong. It happens. It will happen. But poliARC will work diligently to maintain its full functionality as much as possible and keep Users informed during any service disruptions (server status page). We promise you that the moment a server has a problem our phones are beeping, ringing, chirping and burping and we’re just as annoyed and frustrated – if not more – as you may or may not be if such down time ever happens. One never gets thanked for 99.9% uptime, only yelled at for the .1% down time…. sometimes life just isn’t fair.

poliARC does not guarantee the functionality of third-party integrations, and the School and its Users do not hold poliARC liable for any services disruptions related to third-party services.

poliSCHOOL is constantly being updated. poliARC does not guarantee every update will be “bug-free and fully functional. You agree to not hold poliARC liable for any bugs or errors in the System that are the inevitable result of poliARC striving to fulfill as many School requests as possible.

The School and its Users acknowledge that things change: web browsers, coding standards, computer OS, etc. and its not always a walk in the park to keep up with all of them. As such, poliARC shall not be held liable for any service disruption as a result of the ever-changing environment in which the Service exists.

PRIVACY & SECURITY

poliARC does not sell or share data.

To effectively provide the poliSCHOOL Service, poliARC will view personal data when required to do so to provide customer support and/or complete a request by an authorized School employee (e.g. to create a custom export file or document template).

In the process of regular use, the School collects personal information about its employees, contractors, leads and students. It is the School’s sole responsibility to ensure all users are informed of its privacy policy and how it uses the data it collects.

The School agrees to delete user information if a formal request is made to the School. While deleting information removes user data from the active System, it does not guarantee it doesn’t still exists in a database backup.

Family Educational Rights and Privacy Act (FERPA): poliARC will abide by the limitations and requirements imposed by the Family Educational Rights and Privacy Act and disclose student education records as directed by the School or a legitimate legal order.

poliARC works to reasonably protect all data, but does not guarantee the security of your System or the Service. Client and all affiliated users shall not hold poliARC liable for the act, damages, or long-term results of a breach of data, data loss, or data misuse.

DATA ACCESS, INTEGRITY, STORAGE & CONFIDENTIALITY

For purposes of user support, troubleshooting and testing, the School authorizes poliARC, its employees and contractors to access the system and related files. If any data is exported during this process (e.g. when creating a custom export file), poliARC will delete it from local storage once the applicable project is complete.

The School and its Users shall not hold poliARC liable for any loss, corruption or mishandling of the System’s data. For example, poliARC cannot prevent a School employee from overwriting contact information or altering grades and attendance. School employees can track such actions in the System’s logger and use database backups for recovery purposes, but poliARC does not guarantee lost, corrupted, or mishandled data can be recovered.

The School is responsible for downloading database and file backups for long-term, incremental storage. The Service retains 45-days of the most recent nightly database backups and no more. The School acknowledges and agrees that it must download and securely store these backups in order to have database archives older than 45 days.

poliARC agrees not to use, disclose or otherwise make available to anyone in any way,  information relating to the School’s account, poliSCHOOL files and data, database, hosting account and related records, unless given express written consent by an authorized School representative, or as required by law.

SYSTEM CONTENT

The School is solely responsible for the content of any posts, data, files or transmissions using the Service, or any other use of the Service by the School or by any person or entity the School permits to access the Service.

poliARC, its principals, contractors, and employees are not responsible nor can be held liable for the accuracy of information, data, or files entered into the poliSCHOOL system, or manner in which the data is used.

poliARC does not guarantee the integrity of the data or files the School uploads or enters into the System. The School agrees to implement best practices to protect the information of users and records.

UNDER NO CIRCUMSTANCES WILL THE SCHOOL OR ANY USER COPY OR ALTER POLISCHOOL FILES OR DATABASE STRUCTURE, OR TRY TO REPLICATE POLISCHOOL SOFTWARE. DOING SO IS A VIOLATION OF THE POLISCHOOL AGREEMENT AND THE APPLICABLE PENALTIES LISTED IN THE AGREEMENT SHALL TAKE EFFECT.

OWNERSHIP & LICENSING

During the term, the School has licensed use of poliSCHOOL software accessible with an Internet connection to a unique sub-domain name and hosting account. poliARC maintains full and exclusive ownership and rights of poliSCHOOL system files, code, and system structure.

The School has full and exclusive ownership of all data and attachment files (uploaded electronic documents, images, document templates, etc.) created and stored by the poliSCHOOL system or uploaded to the server by the School and its authorized users.

poliARC shall delete and destroy all copies of data once the Agreement is terminated with or without default by the School.

Any modifications made by poliARC shall be promptly provided to the School and are automatically included in this Agreement for the duration of the term.

INDEMNITY & LIMITATION OF LIABILITY

The School is solely responsible for the effects of Service changes or additions made as a result of access to their account. Client and all users of the System FULLY INDEMNIFY poliARC, its principals, employees, contractors, and vendors from damages, claims, or losses arising as a result of access and use of the System.

poliARC makes no representations, warranties or guarantees of any kind, either express or implied with  respect to the Service, hosting services, email deliverability, data security, data integrity, the functionality, performance or results thereof. IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF TELECOMMUNICATIONS SYSTEMS OR THE  INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR DATA,  OR OTHER INJURY, DAMAGE, OR DISRUPTION OF ANY KIND.

In no event will poliARC be liable to you, the School or any users for any indirect, incidental or consequential loss or damages  arising, including attorney’s fees and costs, under this Agreement or business activities of the School. THE SCHOOL FULLY INDEMNIFIES POLIARC, ITS PRINCIPALS AND EMPLOYEES FROM DAMAGES, CLAIMS, OR LOSSES ARISING AS A RESULT OF USING POLIARC SERVICES.

The School agrees to indemnify, defend, and keep poliARC indemnified  from any claim brought by a third party resulting from poliARC’s provision of the service and use of the poliSCHOOL system.

poliARC is not responsible nor can be held liable for password, username, document storage, data, or database security of poliSCHOOL; especially once a user has access to the System. IT’S THE SCHOOL’S SOLE RESPONSIBILITY TO PROTECT ALL PASSWORDS, USERNAMES, AND PERSONAL DATA OF ALL USERS.

UPDATED: 18th February, 2021