Terms of Service

By using the ampEducator web site (“Service”) of ampEducator Inc (“ampEducator”), the (“Client”) is agreeing to be bound by the following terms and conditions (“Terms of Service”). “Content” refers to any data type that is posted to the account.

ampEducator 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 Client consent to such changes. Client can review the most current version of the Terms of Service online at any time at www.ampeducator.com.

Violation of any of the terms below will result in the termination of Client account. While ampEducator prohibits such Conduct and Content on the Service, Client understands and agrees that ampEducator cannot be responsible for the Content posted on the Service and Client nonetheless may be exposed to such materials. The Client agrees to use the Service at Client risk.

Account Terms

  1. Client must be 18 years or older to use this Service.
  2. Client must provide Client legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Client login may only be used by one person — a single login shared by multiple people is not permitted. Client may create separate logins for as many people as the Client requires.
  4. Client is responsible for maintaining the security of Client accounts and passwords. ampEducator cannot and will not be liable for any loss or damage from Client failure to comply with this security obligation.
  5. Client is responsible for all Content posted and activity that occurs under Client accounts (even when Content is posted by others who have accounts under Client accounts).
  6. Client may not use the Service for any illegal or unauthorized purpose. Client must not, in the use of the Service, violate any laws in Client jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading, Downgrading

  1. If Client initially signs up and Client does not cancel that account within 30 days, Client will be billed monthly starting on the 30th day after Client accounts were initially created. If Client cancels prior to the processing of Client first invoice on the 30th day, Client will not be charged.
  2. The Service is billed in advance on a monthly basis and is non-refundable. 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.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties.
  4. Client is responsible for cancelling the re-occurring monthly credit card payment from within the software as part of the Service cancellation policy. ampEducator does not assume and is not responsible for cancelling any re-occurring payments on behalf of the Client. Client understands that it must de-activate the monthly payment by accessing this function from within the software Dashboard > Institution > Financial > Credit Card Setup section as part of the Service cancellation policy.

Cancellation and Termination

  1. Client is solely responsible for properly canceling Client accounts. A phone request to cancel Client accounts is not considered cancellation. Client can cancel Client accounts at any time in email to support@ampeducator.com subject to verification for security and as such ampEducator requires 30 days notice of account cancellations.
  2. Upon cancellation Client has a one-time opportunity after 30 days of the date of cancellation to request that Client data stored with ampEducator be provided to Client in the format of Client choice (additional charges may apply). ampEducator by providing this service to Client does not in any way warrant or guarantee that the data provided to Client is complete or accurate other than in the current state on the date of cancellation. ampEducator does not accept any responsibility for loss of data after the retrieval process and will not provide any further data retrieval or backup beyond the 30 days notice of cancellation.
  3. All Client Content will be permanently deleted from the Service on the 30th day after the Client notification of cancellation is received and the information can not be recovered after this date.
  4. If Client cancels the Service before the end of Client current paid up month, Client cancellation will take effect immediately and Client will not be charged again.
  5. ampEducator, in its sole discretion, has the right to suspend or terminate Client accounts and refuse any and all current or future use of the Service, or any other ampEducator service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Client accounts or Client access to Client accounts, and the forfeiture and relinquishment of all Content in Client accounts. ampEducator reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. ampEducator reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ampEducator Site (www.ampeducator.com) or the Service itself.
  3. ampEducator shall not be liable to Client or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material Client provides to the Service. Client profile and materials uploaded remain property of the Client. However, by providing other users with access, Client agrees to allow others to view and share Client Content.
  2. ampEducator does not pre-screen Content, but ampEducator 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.

Excessive & Fair Use Policy

  1. Flat rate or unlimited use plans are offered subject to Client using the service under an ordinary or fair range of use and in a way that does not consume excessive network capacity and/or adversely affect ampEducator ability to provide Service to other users on the Service.
  2. By way of example and not limitation, the following are considered by ampEducator to be outside of an ordinary or fair range of use thereby consuming excessive network capacity: (a) any document file type that uses excessive network capacity (b) excessively large user requirements not properly or previously disclosed to ampEducator at time of original sign up that result in excessive network capacity (c) Conduct of any Client to purposely consume excessive network capacity and/or adversely affect ampEducator ability to provide Service to other users.
  3. Bandwidth limit will be set to 5GB per month per Client account each additional GB per month will be $0.22 cents outgoing and $0.08 cents incoming.
  4. Storage limit will be set to 5GB per Client account with each additional GB to be $0.50 per GB.
  5. ampEducator will notify and may immediately suspend or terminate all or part of the Services and the Service Agreement if it determines that customer is using a flat rate or unlimited use plan outside of an ordinary or fair range of use as determined solely by ampEducator, acting reasonably on behalf of all Client accounts.

Email and SMS Use Policy

  1. Client will not send “spam,” and "spam" by definition: "send the same message indiscriminately to (large numbers of recipients) on the Internet".
  2. Client will ensure that recipients of Email/SMS sent via the Service understand that they can at any time 'Opt-Out" by clicking 'Unsubscribe" or texting "STOP" to the Service or by emailing any administrator to be removed.
  3. Client will not use purchased, rented, or third-party lists of Email/SMS data.
  4. Client will not violate our Excessive & Fair Use Policy, which is part of the Terms.
  5. Client represents and warrants that use of Service will comply with all applicable laws and regulations.
  6. Client is responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If Client is subject to regulations then Client agrees that Service is not liable if Service does not meet those requirements. Client may not use Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. If Client is located in the European Economic Area (EEA) or send to anyone in the EEA, Client represents and warrants that in creating Client Email/SMS distribution list, sending Emails/SMS via Service, and collecting information as a result of sending Emails/SMS, Client: Will clearly describe in writing how Client plans to use any data collected, including for Client use of Service. Client will get express consent to transfer data to Service and be processed, and Client will otherwise comply with whatever privacy policy Client has posted. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where Client is sending any form of Email/SMS through Service. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. Client has the necessary permission to allow Service to receive and process data and send communications to that individual on Client behalf. Agree to indemnify and hold Service harmless from any losses, including attorney fees, that result from Client breach of any part of these warranties.
  7. Oral agreement to receive messages does not qualify as consent you must get all recipients to 'Opt-In' using electronic methods provided by Service. The Client understands that the Service does not provide a method to record oral agreements to receive messages.

Free Trial

  1. The Free Trial Offer, which is made to you by AmpEducator Inc., entitles you access to the Service for a maximum period of seven (7) days from the moment that you activate such trial period by submitting your request details. Subject to approval on a per trial basis you can request to extend your Free Trial Offer period to the Service by written email request to support@ampeducator.com. By submitting your details, you accept the Free Trial Offer and (i) consent to us using your details in accordance with our Privacy Policy, (ii) acknowledge and agree to Terms of Service and (iii) understand that AmpEducator Inc. reserves the right, in its absolute discretion, to extend, withdraw or to modify this Free Trial Offer and/or the Free Trial Terms and Conditions at any time without prior notice and with no liability.

General Conditions

  1. Client use of the Service is at Client sole risk. The service is provided on an “as is” and “as available” basis.
  2. Client must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ampEducator, or any other ampEducator Service.
  3. Client agrees 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 ampEducator.
  4. 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.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ampEducator customer, employee, member, or officer will result in immediate account termination.
  6. Client understands that the technical processing and transmission of the Service, including Client 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.
  7. Client must not permit the upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  8. Client must not transmit any worms or viruses or any code of a destructive nature.
  9. ampEducator does not warrant that (i) the service will meet Client 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 Client through the service will meet Client expectations, and (v) any errors in the Service will be corrected.
  10. Client expressly understand and agree that ampEducator 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 ampEducator 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 Client transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  11. While ampEducator Inc. provides backup of data as part of the service offering TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AMPEDUCATOR INC. DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT CLIENT MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AMPEDUCATOR INC. SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is the Client responsibility to maintain appropriate alternate backup of Client information and data and ampEducator Inc. offers methods for the Client to do this via Export Tools and DB Read Only Access. Contact support@ampeducator.com for assistance in establishing an alternative backup solution.
  12. Force Majeure. ampEducator Inc. shall not be liable for any failure of or delay in the performance of the Service for the period that such failure or delay is beyond the reasonable control of ampEducator Inc. including but not limited to fires, explosions, earthquakes, hurricanes, drought, tidal waves, floods, war, hostilities (whether war be declared or not), invasion, act of foreign enemies or acts or threats of terrorism.
  13. The failure of ampEducator 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 Client and ampEducator and govern Client use of the Service, superceding any prior agreements between Client and ampEducator (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to info@ampeducator.com