ELive! .... Where Bright Ideas Meet

District Online Elluminate Live! Subscription Agreement:

Terms and Conditions

IMPORTANT – READ CAREFULLY:

After reading the agreement below, click the "Add Entry" tab at the bottom of this page to register your district and the site administrators. The "Add Entry" tab will not show unless you are logged in. On the "Add Entry" page, you MUST click the "I agree" to the District Online Elluminate Live! Subscription Agreement: Terms and Conditions as stated here in order to complete the registration process.

Licensed Authorized Users from districts that participate in the Educational Technology, Distance Learning, Library and Instructional Media Services Cooperative have access to the ESC Region XI ELive(Elluminate Live!)Service.

BY COMPLETING THE ELECTRONIC SUBSCRIPTION PROCESS AND CLICKING THE "SEND FOR MARKING" ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE A REPRESENTATIVE OF A REGION XI DISTRICT (“DISTRICT”) (ii) ARE AUTHORIZED TO ASSIGN AND SIGN FOR AND BIND ELLUMINATE Live! LICENSED AUTHORIZED USERS AND (iii) HAVE READ AND UNDERSTAND AND AGREE ON BEHALF OF THE LICENSED USERS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE SUBSCRIPTION AGREEMENT. OTHERWISE, DO NOT CLICK THE "SEND FOR MARKING" ACCEPTANCE BUTTON TO PROCEED AND YOUR REGISTRATION PROCESS WILL BE DISCONTINUED. AGREEMENTS ARE ONLY MADE BETWEEN ESC REGION XI DISTRICTS AND ESC REGION XI.

This Online Subscription Agreement (“ Agreement ”) is entered into as of the date (“Effective Date”) of electronic acceptance by the Region XI District and the Education Service Center Region XI (“ESC Region XI”) and will continue annually, provided that the District continues to participate in the Educational Technology, Distance Learning, Library and Instructional Media Services Cooperative and meet all other requirements here in. ESC Region XI reserves the right to amend this Agreement from time to time without notice to the District. The most current version of this Agreement can be reviewed by clicking on the “District Subscription Agreement” hypertext link located at the bottom of the ESC Region XI ELive Web page.

1. Description of Services. The District, during the registration process will identify the names of the Authorized Users, which shall be listed on the District’s “Records” page within the ESC Region XI ELive Web site. “Authorized Users” shall mean the District-designated individuals (i.e Region XI district personnel) who may access the service in accordance with this Agreement.

• Authorized Users may access and use the ESC Region XI ELive (Elluminate Live!) service for the sole purpose of conducting online meetings and/or online Webinars that would be conducted as a part of the District’s normal functions of professional development, direct instruction for students or community, meetings and other educationally related business between the Authorized Users and their respective invited attendees.
• Authorized Users have privileges to schedule, present and/or moderate an unlimited number of ELive sessions with unlimited numbers of participants.

2. Online Subscription and Training. To subscribe to the service via the ESC Region XI ELive Website, the District must complete the online subscription process, including the District’s acknowledgement that the designated authorized users must register and complete the required training before they will be given the rights to conduct ELive sessions.ESC Region XI must accept the online subscription. ESC Region XI may reject an online registration if the registrant does not meet the ESC Region XI “District” criteria or other criteria.

• Training. As a part of the online subscription process, the identification of Authorized Users for the District will be provided which will allow the designated staff to register for the required training. Authorized Users are required to complete basic ELive training parts 1-3 prior to being given full rights to conduct sessions. ESC Region XI training is provided regularly and Authorized Users can register through the ESC Region XI registration system and access the training through the ELive website.
• District Site Administrators. A district site administrator account must be established to maintain the district ELive site and all of its Authorized Users. ESC Region XI District Site Administrator training is provided regularly and administrators can register through the ESC Region XI registration system and access the training through the ELive website.
• Account Password/Security. As part of the online subscription process, the Authorized User are responsible for creating an ELive account. The District and Authorized Users are entirely responsible for maintaining the confidentiality of its passwords and accounts, and the District is solely responsible for any and all activities that occur under its accounts. The District agrees to notify ESC Region XI immediately of any unauthorized use of its accounts or any other breach of security. ESC Region XI shall not be liable for any loss that the District may incur as a result of a third party using its passwords or accounts, either with or without its knowledge. The District may be held liable for losses incurred by ESC Region XI or another party due to a third party using the District’s accounts or passwords.

3. District Rights and Restrictions. During the Term of this Agreement, ESC Region XI will enable the District to access and utilize the Service as contemplated herein as well as integrate Elluminate Live! into the District’s own Learning Management services, if applicable and as appropriate.

• The District shall be solely responsible for all content transferred by authorized users or any other party in connection with the District’s access and/or use of the Service, including all visual, written and/or audible communications. The District agrees to not use this Service in any unlawful manner or for non-educationally related activities such as, but not limited to political, religious, personal, or commercial uses.
• The District hereby agrees not to access and/or use the Service (i) to send unsolicited commercial email in violation of applicable law; (ii) request, collect and/or store sensitive data (such as credit card numbers or social security numbers) from online meetings or Webinar attendees; (iii) to communicate any message or material that is deemed harassing, threatening, indecent, obscene, libelous, slanderous, or otherwise unlawful; (iv) in a manner which violates the intellectual property rights of any party; or (v) in a manner which constitutes or encourages conduct that could be a criminal or civil offense under any applicable law or regulation. Although ESC Region XI is not responsible for any such content or communications, ESC Region XI reserves the right to take any action (i.e. notify client, delete media, suspend account, etc.) it deems necessary or appropriate in its sole discretion, with respect to any such content or communications of which ESC Region XI may become aware, at any time, without notice to the District.
• The District is responsible for the compliance of Authorized Users to the Terms of Use.
• The District and Authorized Users are provided basic training by means of a predetermined ESC Region XI schedule but the District may request additional customized training or support for appropriate fees.
• The District may not resell, distribute, or otherwise allow use by third parties of any of the ELive Services.
• The District’s Authorized Users may host only district level conferences and/or events but may not host events for third parties.
• The District shall not access and/or use any of the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the ESC Region XI service.
• The District and the Authorized Users own the content of any archived files (sound and or presentation content) created by the District and any media files uploaded to the ESC Region XI ElluminateLive! Service.
• Recorded sessions are accessible for no more than 1 year, at which time they will be deleted without notice. Alternative means for storage should be addressed if a recorded file is needed longer. Authorized Users must use storage responsibly and in the event that storage space becomes an issue prior to the end of the year, ESC Region XI will contact the Authorized User and/or District about deleting recorded sessions.
• All Authorized Users’ accounts will expire August 31 of each year. Districts will submit names of Authorized Users prior to August 1 of each year that will become active each September 1.
  
• ESC Region XI will provide technical support to Authorized Users via email, phone or Web conferencing for the Service, during the regular business hours of 8:00AM PT to 4:00PM CST.
• ESC Region XI, upon request may be able to provide an alternative access to live sessions for special circumstances.
  
• Authorized Users are strongly encouraged to use a headset with microphone, not built in audio and microphone, when conducting sessions. Participants should also be highly encouraged to use headsets and microphones as well.

4. Term and Termination.

• Term. This Agreement shall commence on the Effective Date and continue annually provided the District continues to participate in the Educational Technology, Distance Learning, Library and Instructional Media Services Cooperative.
• Termination for Cause. ESC Region XI reserves the right to terminate Authorized User accounts and/or this Agreement immediately if the District breaches any of its material obligations under this Agreement.
• Effect of Termination. Upon termination of this Agreement, the District will immediately discontinue all access to and use of the Service. ESC Region XI shall destroy any media files created by the District. ESC Region XI shall not be liable for any damages resulting from a termination of this Agreement as provided for herein. The termination of this Agreement shall not affect any claim made on behalf of ESC Region XI arising prior to such termination.

5. Disclaimer of warranties. The District hereby acknowledges and agrees that the service is provided by ESC Region XI on an “as is” basis, and the District’s access to and/or use of the service is at its sole risk. ESC Region XI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. ESC Region XI makes no warranty that any of the service will meet the requirements of the District or that the service will be uninterrupted, timely or error-free, secure, virus free, nor does ESC Region XI make any warranty as to the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service or that any defects in the plug-in will be corrected. The District understands and agrees that any material and/or data downloaded or otherwise obtained (including plug-ins) through the use of the service is done at the sole risk of the District and that the District will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by the District from ESC Region XI or through the service shall create any warranty not expressly made herein

6. Indemnification. The District hereby agrees, at its sole expense, to indemnify, defend and hold ESC Region XI harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (i) a third-party claim, suit, proceeding, action or allegation of infringement based on information, data, files or other content submitted by the District or otherwise related to the District’s access to and/or use of the Service; or (ii) any fraud or manipulation, or other breach of this Agreement by the District.

7. Substitution. In an effort to continually improve the Service, the ESC Region XI may change or modify the Service at any time without prior notice. The ELive service will encounter outages the last week in August due to scheduled updates to the system and accounts within.

After reading the agreement above, click the "Add Entry" tab at the bottom of this page to register your district and the site administrators. On the "Add Entry" page, you MUST click the "I agree" to the District Online Elluminate Live! Subscription Agreement: Terms and Conditions as stated here in order to complete the registration process.