Effective Date: July 1, 2020
3. Our Services
We provide a variety of Services related to the delivery of education through various technologies that you can use to deliver training and education to your users and that you can use to manage and track the training and education you deliver.
Currently we offer the following services. Some of these services are optional and available at an additional cost.
Learning Management System (LMS) for delivery of and interaction with educational content organized into courses and projects. The LMS includes a variety of pedagogical tools, including announcements, assignments, calendar, discussion forums, gradebook, lessons, messages, resources, syllabus, tests and quizzes, web content, wiki and more. The LMS supports the storage of instructional content along with input from instructors and students.
Video conferencing services for interacting with students synchronously. We currently use BigBlueButton for this purpose.
Meeting recording and playback services for saving class sessions and meetings for later retrieval. BigBlueButton provides this capability as well.
Plagiarism detection services to identify instances in which a student’s work matches work previously available. We currently use Turnitin for this purpose.
Video storage and streaming services to manage digital property rights, provide integrated streaming access to videos from within the LMS, and analytics to track student views. We currently use Warpwire for this purpose.
Student electronic portfolio services that allow students to save representation of their best work in organized ways and that allow the institution to analyze student progress through instructional goals and that identify programmatic successes or areas where changes may be needed. We currently use Karuta for this purpose.
Support for users through an email-based question and response service.
Instructional design assistance to help with developing content and curricula in ways that are best suited to delivery at a distance and that leverage the Services we offer most effectively.
Customized branding to allow your courses to display your logo and color scheme.
Integration with your systems, including authentication services through a connection with your LDAP or Active Directory service; single sign-on services through SAML; integration with your administrative system to create new course shells when indicated, to enroll students in those courses, and to process drops and adds as they occur; and services that allow designated users at your organization to join courses without being enrolled to observe or provide support for instructors and students.
Access to customized data extraction services to provide raw data based on your organization’s activities within our Services.
Organizations or individuals that purchase Services from the LAMP Consortium become members of the LAMP Consortium community (“Members”).
5. User Accounts
To use our Services, you must have a user account (“Account’). We make a distinction between three Types of Accounts for users (“Users”) who access our Services.
Coordinator Accounts are authorized to coordinate and manage activities on behalf of their Member, including creating user accounts.
Faculty Accounts have the ability to create course and project sites on behalf of their Member. A Faculty account is created by a Coordinator and may create Student accounts.
Student Accounts have no administrative privileges. A Student account is created by a Coordinator or a Faculty User.
Note that within a course or project site a User may have a different Roles. A Role is not the same as the three user Types listed above. A User may have the Role of instructor in one course, but the Role of student in another.
The cost of your Membership in the Consortium is dependent, among other factors, on the number of User Accounts your Member has. Depending on your subscription level, we may either count all of the User Accounts, regardless of their activity, or we may only count User accounts that are currently active. An active user account is defined as one that has accessed, that is, has logged on to, one or more of our Services during your Membership Period.
6. Coordinator Accounts
To obtain a Coordinator account, a User must be authorized by their Member. In return, they receive access to certain additional functions to assist in the management of access to our Services. Coordinators shall affirm that they are a bona fide legal representative of the Member organization. They shall ensure the compliance with these Terms by any persons using Accounts they or other Coordinators at their Member may create.
Coordinators also have a role to serve as the initial point of contact for Users at their organization.
One Coordinator Account shall be designated by the organization as the Primary Coordinator, responsible for paying fees associated with the use of our Services and serving as the primary contact between us and the Member organization. The organization shall also designate at least one backup Primary Coordinator.
7. Termination of Accounts
We will suspend or terminate your access to our Services if we determine, in our reasonable discretion, that you have breached these Terms. We may also suspend or terminate your account if we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your User Content infringes on the copyright or other rights of such third party, if we are ordered to do so by a court, and/or in other appropriate circumstances as determined by us at our discretion. We do not offer refunds to account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms.
We will also suspend or terminate your Account as well as any Accounts you created if any fees you owe us are more than 30 days in arrears.
8. Payments and Billing
We charge fees for our Services. The Primary Coordinator for your Member is responsible for ensuring payment of these fees to us within 30 days from notification of balance due. Failure to pay fees when they are due may result in the suspension of Accounts at your organization.
The amount of these fees depends on the number of User accounts your organization has, the number of courses, on which optional Services you use, and other factors. Current pricing for specific Service can be found on our web site and is subject to change.
At certain membership levels, you may take advantage of various optional Services we offer. You indicate, when you become a Member of the LAMP Consortium, which, if any of these Services you wish to include. You may also add these later if desired. Current information about optional Services can be found on our web site and is subject to change.
Many of our Services have limits to the amount of usage available. However, we recognize that, at times, it may be necessary for you to expand beyond these limits. We monitor your usage will attempt to notify your Primary Coordinator when we think you may be approaching a usage limit, however we are not obliged to do so.
Exceeding a Services limit will either cause your Membership subscription to be upgraded to the next level or will result in additional fee, based on how much you exceed a specific limit. Current information about the costs for exceeding various Services limits can be found on our web site and is subject to change. Note that some fees for exceeding usage limits are due in the month following the exceedance and others will be due at the end of the membership year.
Primary Coordinators or their designees can pay the fees due by check, by ACH transaction, by credit card or by PayPal. There is a 4% surcharge for using a credit card or PayPal. There is a 2% per month late fee added to any account that has been past due for more than 30 days.
We allow for an initial 30 day grace period, providing a full refund should you decide you do not want to be a Member of the LAMP Consortium. After 30 days of Membership, you are obligated to remain in the Consortium for a minimum commitment of three months (at the Individual level) or one year (at all other levels).
When your organization becomes a member of the LAMP Consortium, we establish that date as your membership date (“Membership Date”). Your membership period (“Membership Period”) will then be either three months (at the Individual level) or one year (at all other levels). As the end of your Membership Period nears, we will indicate that payment is due for the coming Membership Period. We will always assume that you want to continue your Membership into the coming Membership Period unless you notify us in writing that you wish to cancel your Membership. In no case shall any fees collected be returned after 30 days of your initial membership date. Likewise, any unused portion for a Membership that is terminated in advance of the Membership Period will not be returned.
Should you add an optional Service in the middle of your Membership Period, we will charge you for the full cost of that Service for one year. Then, when your next Membership Period begins, we will give you a discount for that Service equal to the number of full months in the prior membership period that you did not use the Service. For example, if you add a new Service in the fourth month of your Membership Period, you will pay the full yearly cost of that Service at that time. Then, at the beginning of your next Membership Period, you will pay the full cost of the new Service for the coming year, less 25% (3 full months that the Service was unused divided by 12 months in a year).
To terminate your Membership, you must notify us in writing. We will then terminate your Membership at the end of your Membership Period. At that time all user Accounts will be removed, access to all of our Services will be stopped (and thus access to your User Content). It is incumbent upon you to download any User Content you wish to retain prior to terminating your Membership. We will purge all of your organization’s User Content within 30 days of termination.
9. User Content
You may post, upload, or otherwise contribute content to our Services (which may include, for example, papers you have written, comments you make in discussion forums, test answers you give, videos you create, and/or any other types of content) (“User Content”). To be clear, User Content includes any content you upload to the various Services that we provide. It does not include communication made or sent directly to the LAMP Consortium, its staff or representatives.
You will ensure that (a) you are the owner or valid licensee of all User Content you upload to or store in our Services, and that you have secured all necessary licenses, consents, permissions, waivers and releases for the use of the Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by us to pay any fees, residuals, guild payments or other compensation of any kind to any person; (b) your use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; (c) you will comply with all applicable laws, rules and regulations regarding the User Content and will use our Services only for lawful purposes; (d) you have used your best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other type of malicious code.
We may, but have no obligation to, monitor, review or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You grant to the LAMP Consortium and its hosting providers a non-exclusive, royalty free, worldwide right and license during the term of this agreement to host and backup your User Content.
The LAMP Consortium and its hosting providers do not acquire any rights, title or interest in your User Content, all of which remain solely with you.
We will perform nightly backups of your User Content and keep the backups for 30 days. Should you delete some User Content which you later wish to retrieve, provided the deletion occurred less that 30 days in the past, we can restore that User Content upon receiving a request in writing. There is an extra charge for this service, the cost of which depends on the extent of the User Content being restored.
11. Malware and Third-Party Services
Because we do not control all User Content that is uploaded to our Services, we recommend that you install appropriate defenses against viruses and other malware before you download any information from our Services. Some of our Services contain links to third party services over which we have no control. We will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus or malware on our Services or third-party services to which we link.
You are entirely responsible for maintaining the confidentiality of your user name and password.
You also acknowledge that you may receive confidential or proprietary information through our Services. You will protect and maintain the confidentiality of this confidential Information and not disclose the information. Further, proprietary information, user identities, systems, designs, concepts and documents will be protected from disclosure, by accident or deliberate action, to other institutions not party to these Terms.
We will not release information about your Users or any of your User Content without a written request from the Primary Coordinator for your organization.
Any feedback, ideas, comments, suggestions, concepts, techniques, or the like that you send to us (as distinct from User Content you upload to our Services) will be treated as being non-confidential and non-proprietary. We may use, disclose or publish any feedback, ideas, comments, suggestions, concepts, or techniques contained in such information for any lawful purpose.
13. Acceptable Use
Because the information you create is carried on the LAMP Consortium’s Services and may reach a large number of people, your postings and User Content may affect other LAMP Consortium Members and may harm the LAMP Consortium’s business reputation and operations. For these reasons, you violate the acceptable use of our Services and these Terms when you, your clients, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). When a complaint is received, we have the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Obscene Speech or Materials — Using our Services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies when we becomes aware of the presence of child pornography on or being transmitted through our Services.
Defamatory or Abusive Language — Using our Services as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use our Services or any connected network, system, service, or equipment.
Facilitating a Violation of Terms — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations — Exporting encryption software through our Services or otherwise, to points outside the United States.
Usenet Groups — We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates these Terms.
Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities — Engaging in activities, whether lawful or unlawful, that we determine to be harmful to its subscribers, operations, reputation, goodwill, or client relations.
Any of the above can be cause for immediate termination of your Membership.
14. Fitness for Use
The information contained in our Services is for general guidance on matters of interest only. While we have made every attempt to ensure that the information provided by us and our hosting providers in our Services has been obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in our Services is provided "as is”, “as available”, and with “all faults”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will the LAMP Consortium, CEATH Company, related partnerships or corporations thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in our services or for any consequential, special or similar damages, even if advised of the possibility of such damages.
15. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF OUR SERVICES. ADDITIONALLY, THE LAMP CONSORTIUM IS NOT RESPONSIBLE FOR DAMAGES IN CONNECTIONS WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA, AND (C) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR USER CONTENT, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE YOU HAVE MADE IN THE LAST TWELVE MONTHS (FOR COORDINATORS) OR $100 (FOR FACULTY OR STUDENT USERS).
You understand that we do not control, nor are we responsible for, User Content and that by using our Services, you may be exposed to User Content from other users that is inaccurate, misleading, offensive, indecent, or otherwise objectionable. You are responsible for the User Content you share.
This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims related to intellectual property or other legal rights. You agree that you will indemnify, defend, and hold harmless the LAMP Consortium for all claims resulting from User Content you provide.
You will not hold us responsible for any delay or failure in performance our Services to the extent that such delay is caused by events or circumstances beyond our reasonable control, often called “force majeure.”
17. Governing Law
These terms shall be interpreted and construed in accordance with the laws of the Commonwealth of Kentucky in the United States of America.