Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

DESCRIPTION OF SERVICE

School Website Solutions, LLC dba Bloust currently provides users with access to a rich set of online service resources, including personal web page hosting services, including special easy-to-use web creation and web updating (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new School Website Solutions, LLC dba Bloust resources, shall be subject to the Terms.

USE OF MATERIALS

This site is owned and operated by School Website Solutions, LLC dba Bloust and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of School Website Solutions, LLC dba Bloust are the property of School Website Solutions, LLC dba Bloust and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from School Website Solutions, LLC dba Bloust may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of School Website Solutions, LLC dba Bloust's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by School Website Solutions, LLC dba Bloust. School Website Solutions, LLC dba Bloust does not transfer title to the Software to you. As between you and School Website Solutions, LLC dba Bloust, School Website Solutions, LLC dba Bloust retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant School Website Solutions, LLC dba Bloust and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on School Website Solutions, LLC dba Bloust, including without limitation via message boards, chat rooms and/or blogs or any other features on School Website Solutions, LLC dba Bloust, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

The following legal restrictions and terms of use apply to School Website Solutions, LLC dba Bloust and any other site owned and/or operated by or on behalf of School Website Solutions, LLC dba Bloust or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "School Website Solutions, LLC dba Bloust" and "Bloust" and/or “we” respectively).

School Website Solutions, LLC dba Bloust reserves the right to modify the Terms of Service (“TOS”) at any time. Your continued use after the dated change indicates your acceptance to the updated version of the TOS. School Website Solutions, LLC dba Bloust.com also reserves the right to discontinue this service at any time.

School Website Solutions, LLC dba Bloust may add, change, discontinue, remove or suspend any portion of School Website Solutions, LLC dba Bloust at any time, without notice.

Certain portions of School Website Solutions, LLC dba Bloust may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. A user must provide a valid email address to School Website Solutions, LLC dba Bloust to use this service - if the supplied email address becomes obsolete, the user must provide a valid replacement email address. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of School Website Solutions, LLC dba Bloust using your account and/or identity.

School Website Solutions, LLC dba Bloust reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of School Website Solutions, LLC dba Bloust for any reason, including without limitation for extended periods of inactivity. School Website Solutions, LLC dba Bloust may remove Sites which are not active, if an account has not been logged in for over one year (120 days), School Website Solutions, LLC dba Bloust will automatically delete the account.

If you break any of the TOS, your permission to use the Site terminates, and any materials (hard copies or downloaded) must be destroyed. School Website Solutions, LLC dba Bloust will terminate your account.

School Website Solutions, LLC dba Bloust is a free service designed to enhance communication between educators, students and parents (herein referred to as "School Website Solutions, LLC dba Bloust" or "Service"). Educators (“Users”) can upload and maintain their own websites (“Site”) with Content including text documents and pictures (“Content”). By "educators", we mean teachers, guidance counselors, school principals, school librarians and others whose primary job is communicating with students in elementary, middle and high school and college. Such individuals should be employed by the public school system or private schools providing the same educational services. Official PTO or PTA organizations may also create School Website Solutions, LLC dba Bloust sites. Pre-service teachers, enrolled in a university or graduate School of Education, may also create School Website Solutions, LLC dba Bloust sites. However, it does not include commercial schools such as a computer store's training class, tutors, or for-profit technical schools. Other clubs which may provide services to children, even non-profit clubs such as scouts, clubs, parent organizations, or town-based sports leagues, are not eligible for School Website Solutions, LLC dba Bloust sites. School Website Solutions, LLC dba Bloust reserves the right to determine who meets the "educator" criteria.

School Website Solutions, LLC dba Bloust Users are expected to post only information that would be appropriate for viewing by children and families, and that is related to school activities. School Website Solutions, LLC dba Bloust reserves the right to remove any Site which it feels does not meet these criteria, or any Site that it deems inappropriate.

Derogatory, harmful or unlawful conduct is not permitted on School Website Solutions, LLC dba Bloust. Users are not permitted to upload to, distribute through, or otherwise publish through School Website Solutions, LLC dba Bloust any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on School Website Solutions, LLC dba Bloust. Unauthorized collection and/or use of email addresses via School Website Solutions, LLC dba Bloust is also not allowed.

School Website Solutions, LLC dba Bloust does not endorse any Content posted by its Users. All opinions and statements posted on School Website Solutions, LLC dba Bloust Sites are solely the opinions of the User.

A User must provide for their own access to the World Wide Web and pay any service fees associated with such access, and also provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem.

School Website Solutions, LLC dba Bloust.com is not responsible for any information posted on any teacher's web Site. This includes any unauthorized changes which may be made on the teacher's Site.

School Website Solutions, LLC dba Bloust.com is not responsible for any photos or documents posted on any Site created by a User. By posting photos, Users are implying that they have the permission of the subjects of those photos. School Website Solutions, LLC dba Bloust reserves the right to remove any photo or document posted if it is deemed inappropriate.

School Website Solutions, LLC dba Bloust does not claim ownership of any Content you place on your Site. You acknowledge that School Website Solutions, LLC dba Bloust does not necessarily pre-screen User Content, but strives to maintain a familial environnment. Any objectionable Content will be removed once School Website Solutions, LLC dba Bloust has been made aware through the service.

By accessing, downloading, or browsing any Content of School Website Solutions, LLC dba Bloust.com, you agree to indemnify School Website Solutions, LLC dba Bloust.com, its affiliates, subsidiaries, other partners, directors, officers, employees, and agents harmless from any claim, including attorneys' fees, made by any third party due to your use of School Website Solutions, LLC dba Bloust.com.

You expressly understand and agree that School Website Solutions, LLC dba Bloust.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use or the inability to use the service, unauthorized access to or alteration of your Site, or any other matter relating to the service.

You acknowledge and agree that School Website Solutions, LLC dba Bloust is not liable for any defamatory, offensive, or illegal conduct of any User.

If you are dissatisfied with any School Website Solutions, LLC dba Bloust.com material, or with any of School Website Solutions, LLC dba Bloust’s terms and conditions, your sole and exclusive remedy is to discontinue use of School Website Solutions, LLC dba Bloust.com.

You understand that all information, text, photographs, graphics, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such data originated. This means that you, and not School Website Solutions, LLC dba Bloust, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. School Website Solutions, LLC dba Bloust does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree to not use the Service to: upload, post or otherwise transmit any Content that is unlawful, threatening, obscene, or otherwise objectionable, impersonate any person or entity or misrepresent your identity, upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, upload, post or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt the Service or servers or networks connected to the School Website Solutions, LLC dba Bloust, promote or provide instructional information about illegal activities or promote physical harm or injury against any club or individual, engage in commercial activities using your web, violates any applicable local, state, national, or international law or regulation by use of your Site.

Graphics provided by School Website Solutions, LLC dba Bloust are to be used ONLY in School Website Solutions, LLC dba Bloust sites. Many of these graphics have been created by School Website Solutions, LLC dba Bloust and are copyrighted. Other graphics were purchased from third parties for use in our application but NOT for general distribution to others.

Any teacher-provided graphics are the responsibility of the teacher. It is assumed that the teacher has permission to use any graphics which he or she adds to his or her School Website Solutions, LLC dba Bloust site.

The service is provided on an as-is, as-available basis. While School Website Solutions, LLC dba Bloust strives for continuous uptime, no guarantee of availability of service is made. School Website Solutions, LLC dba Bloust shall have no liability in the event of loss or interruption of service of any kind.

School Website Solutions, LLC dba Bloust reserves the right to place advertising on teachers' web sites at any time, including on the "Update" pages as well as on pages viewable by students.

Users of this service acknowledge and agree that their web site information may be utilized by School Website Solutions, LLC dba Bloust. School Website Solutions, LLC dba Bloust reserves the right to publish lists and indexes of School Website Solutions, LLC dba Bloust sites, statistics regarding utilization and other information regarding the sites, and to use this information on the web site or in promotional materials. Users further acknowledge and grant permission to School Website Solutions, LLC dba Bloust right to communicate to them about third party offers and promotions.

The TOS constitute the entire agreement between the User and School Website Solutions, LLC dba Bloust and govern the User's use of the Service. The TOS and the relationship between the User and School Website Solutions, LLC dba Bloust shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

The User and School Website Solutions, LLC dba Bloust agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida, USA.

The failure of School Website Solutions, LLC dba Bloust to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' ntentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

DISCLAIMER

SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST AND ANY WEB SITE WITH WHICH IT IS LINKED. SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST, EVEN IF SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST OR A SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SCHOOL WEBSITE SOLUTIONS, LLC DBA BLOUST.

INDEMNIFICATION

By using School Website Solutions, LLC dba Bloust, you agree to indemnify, defend and hold harmless School Website Solutions, LLC dba Bloust from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on School Website Solutions, LLC dba Bloust; or (3) any material uploaded by you or through your computer to School Website Solutions, LLC dba Bloust or otherwise sent by you to School Website Solutions, LLC dba Bloust. You will cooperate as fully and reasonably as required by School Website Solutions, LLC dba Bloust in the defense of any claim. School Website Solutions, LLC dba Bloust reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of School Website Solutions, LLC dba Bloust.

The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Please report any violations to admin@SchoolWebsiteSolutions.com, LLC dba Bloust.com

COPYRIGHT NOTICE: School Website Solutions, LLC dba Bloust.com is protected by the copyright laws of the United States of America. Pursuant to Title 17 of the United States Code the author of original visually perceivable work validly provides notice of a copyright by placing the "AF," "©," or the word "Copyright" in a conspicuous location followed by the first year of publication and text identifying the name of the owner of the copyright.

The author of the web site you just visited has clearly published notice of the copyright and the intention to protect the rights associated therewith. [Please Note, that unless otherwise indicated, a link from your web site to the copyrighted web page(s) is NOT an infringement upon the copyright].

The fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Any other use is a violation of the laws of the United States of America.

Most recently updated March 2008.

TM & © 2008 School Website Solutions, LLC dba Bloust All rights reserved.