LearningStream - The Right Course at the Right Time

This Service Agreement is between you, the subscriber (the subscriber will be referred to as “you,” “your” or as the “Subscriber”), and IceWEB Virginia, Inc., a Virginia corporation which operates the LearningStream service.

Agreement
You agree to subscribe to the IceWEB service (hereby referred to as “LearningStream” or “Service”).

LearningStream Service is an online courseware service. LearningStream operates through multiple Internet service providers, in order to provide fault tolerant service with rare, if any, downtime.

Billing
Your account will be billed at the published prices for each course and the duration of subscription. Subscriber agrees that IceWEB may charge my credit card for the initial purchases. Typical subscriptions are 7-days and 1-year so the prices for each are published for each course on LearningStream.com. There is no minimum term of service unless specifically noted elsewhere for special situations, bundles, or specials. You will not incur any automatic renewals; therefore, access to your course(s) will expire after the purchased timeframe. You must repurchase a course if you would like to "extend" your access.

Use License
Each course purchased includes a single user license. You are not authorized to share access to your account or courses with other users, employees, or family. Internet IP addresses and access logging are in use to monitor access to courses. Employers that are interested in multi-user "site" licenses for their employees can contact Customer Service for special pricing options.

Service Level Agreement
IceWEB will make every effort to provide Subscribers with 99% uptime. IceWEB has a refund policy of discounting 5% for each increment of 8 hours of system downtime per month. System downtime is based on the inability to access your purchased online courses.

“Uptime” and “Downtime” are recorded and calculated on a monthly basis and do not include scheduled downtime (necessary for a healthy and stable system) for weekly server/network maintenance. Weekly system maintenance is performed on Saturday evening between 10pm and 3am EST on Sunday and normally does not result in a systems outage exceeding 30 minutes. IceWEB reserves the right to change this maintenance schedule at any time.

Problems with end-user Internet connection or Internet congestion issues out of our control are not included in the downtime calculation.

The maximum discount for not meeting the uptime guarantee is 15% of the total monthly fees paid for a particular course. Customers must report outage to IceWEB Customer Service to ensure outage is not an individual connectivity/issue (i.e. outside the scope of the refund policy). Once confirmed, customer requests for a partial refund based on this SLA policy will receive credit.

IceWEB Support
Due the wide variety of customer computer systems, potential network and Internet connectivity issues at each customer location/office/site, we cannot guarantee support for customer PC or non-IceWEB related software, hardware, and connectivity issues. Although not a complete list, below is a description of what IceWEB does not officiall support but will provide “best effort” for.

IceWEB cannot be responsible for everything that happens or can occur on individual end-user computer systems but we strive to support the following on a “best efforts” basis:

Configuration of Subscriber firewall software and/or hardware that could affect connectivity to the IceWEB service(s).
Configuration of Subscriber desktop/PC antivirus software that could affect connectivity to the IceWEB Service(s).
Issues related to Subscriber’s connection to the Internet (e.g.,T1, Cable Modem, DSL Modem, Dial-Up accounts, etc.).
Issues related to general use of or training to use the Microsoft Windows operating system, the Internet browser, or general desktop PC software and hardware systems

Security and Reliability
The security and reliability of the IceWEB Service(s) is our highest priority. IceWEB strives to provide a hassle-free service; however, there are times when we cannot guarantee 100% reliability and will not count against our service level agreement, including:

Catastrophic Tier-1 regional or national Internet outages and congestion beyond our control.
Automatic System Updates – IceWEB servers regularly update themselves with patches and bug fixes. Occasionally, these patches/fixes affect our servers in an unexpected, detrimental way. Most of these patches/fixes are done automatically and cannot always be tested prior to their implementation but are also essential to maintaining the latest security for the software against malicious attack.
Terrorist or other organized deliberative attack on the Internet, communications circuits, or data centers.
Intentional unscheduled outages of service in order to protect IceWEB systems, one or more end-users, or our data centers from the spread of unpreventable malicious virus or worm code that could harm the overall operations of our systems, communications, and our customer data.
Acts of God.
Force Majeure

You specifically agree that IceWEB cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision, or anything in any way connected to the IceWEB Service(s) beyond the cost of service provided. Cumulative liability cannot exceed the total fees paid by customer for the a 3 month period.

Transmission of Data
IceWEB is not responsible for any unauthorized access, modification of your data, or unauthorized transmission of data that occurred via your private user account/ID.

Passwords
It is the end-user’s responsibility to keep his/her password confidential. IceWEB is not responsible for any data losses or security issues due to stolen passwords. IceWEB recommends that end-users use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). To maintain your privacy, IceWEB Customer Service does not have the ability to view existing passwords. For security reasons, IceWEB support can only reset passwords.

Cancellations and Refunds
Upon cancellation or termination of an account, your existing course purchases (subscription periods) will remain available. No refund of unused portions of purchased courses will be given. All refund requests for courses must be made within 48 hours of initial purchase. Requests beyond this timeframe will be evaluated on a case-by-case basis and the refund is not guaranteed. This refund policy allows customers a full refund within 48 hours so that LearningStream can meet or licensing obligations with course content providers. LearningStream encourages all customers to log in and review the purchased courses within 48 to determine if it is appropriate, what you were expecting, etc.

Account Holder Responsibility for Users
The Subscriber signing up for the IceWEB service, paying for same, and noting acceptance of the terms through the clickwrap acceptance of terms below, assumes responsibility for dissemination of these terms to all users of the IceWEB Service(s). IceWEB will not communicate the terms of this Agreement to the persons to whom you assign an IceWEB account to (or allow access to your account).

Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IceWEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IceWEB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. IceWEB SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IceWEB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

IceWEB RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limited Liability
IN NO EVENT WILL IceWEB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., THE TOTAL LIABILITY OF IceWEB FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF SERVICES FEES PAID BY THE CUSTOMER EITHER DIRECTLY TO IceWEB OR THROUGH THE PARTNER FOR SERVICE RENDERED FOR THE PRIOR THREE (3) MONTHS.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN EXCLUSION OF WARRANTIES AND LIMITED LIABILITY SECTIONS MAY NOT APPLY TO YOU.

Notices
Notices to you may be made via either email or U.S. mail, postage pre-paid. The IceWEB service may also provide notices of changes to this Service Agreement or other matters by email transmissions to you.

General Information
This Service Agreement constitutes the entire agreement between you and IceWEB and governs your use of the IceWEB Service(s), superseding any prior agreements between you and IceWEB. You also may be subject to additional terms and conditions that may apply when you use third-party software. This Service Agreement and the relationship between you and IceWEB shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and IceWEB agree to submit to the personal and exclusive jurisdiction of the General District Court of Fairfax County or the Circuit Court of Fairfax County, Virginia. The failure of IceWEB to exercise or enforce any right or provision of the Service Agreement shall not constitute a waiver of such right or provision. If any provision of the Service Agreement 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' intentions as reflected in the provision, and the other provisions of the Service Agreement remain in full force and effect. You agree 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 IceWEB service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Information:
If you have questions regarding this Service Agreement or any other questions regarding LearningStream or IceWEB, please contact us at (703) 964-8000.

Authorization
Authorization: Subscriber hereby orders from LearningStream, one or more services for the term specified on the order (or web commerce system).

You may sign and date this agreement and submit to IceWEB via fax at 703-964-0160 or accept this agreement electronically online during the signup/ordering process.

Note: Charges for IceWEB services may appear as IceWEB, or IceWEB Online on your credit card statement.