User account

ATTENTION! CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR SUBSCRIBING TO THIS SERVICE.

By using Doctum® or any of Doctum Learning Company’s affiliated websites (“Service”), you agree to be bound by the following terms and conditions (“Terms of Service”). CONTINUED USE AND/OR SUBSCRIPTION TO THIS SERVICE MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU AND ANY END USER. If you do not agree to be bound by the following terms and conditions, decline acceptance immediately and your access to the service will be terminated. Otherwise, your continued use of the Doctum Learning Company’s services is contingent upon the ongoing acceptance of these terms and conditions. Due to continued development of the Service, Doctum Learning Company 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 your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.doctumlearning.com/terms_and_conditions. Doctum Learning Company’s privacy policy can be found at http://www.doctumlearning.com/privacy_policy. Finally, Doctum Learning Company prohibits the posting of actionable content and the use of the Service for unlawful purposes. The violation of any of the terms and conditions associated with use will result in the termination of your Account. You understand and agree, however, that the Doctum Learning Company does not monitor its site. Consequently, Doctum Learning Company is not responsible for the Content posted on the Service by third parties and/or responsible for the unlawful use of the service by third parties. Users agree to use the Service at their own risk.

General Conditions of Use

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other service provided by Doctum Learning Company.
3. You agree not to reproduce, duplicate, reverse engineer, 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 the Doctum Learning Company beyond the terms and conditions expressly allowed.
4. You must not upload, post, host, or transmit unsolicited e-mail, SMSs, “spam”, worms, viruses or any code of a destructive or undesirable nature.
5. Customers may access their Doctum Account via their preferred Application Program Interface (API). Any use of the API, however, including use of the API through a third-party product that accesses Doctum, is bound by the terms of this agreement.
6. Abuse or excessively frequent requests to Doctum via the API may result in the temporary or permanent suspension of your account's access to the API. Doctum Learning Development Company, in its sole discretion, will determine abuse or excessive usage of the API and make a reasonable attempt via email to warn the account owner prior to suspension.
7. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Doctum Learning Company) of other Doctum Learning Company customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
8. Doctum Learning Company does not warrant that (i) the service will meet your 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 you through the service will meet your particular expectations, and (v) that any errors in the Service will be corrected.
9. You expressly understand and agree that the Doctum Learning Company 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 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 your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service, even if you inform Doctum Learning Company of the likelihood of such an occurrence.
10. You understand that the technical processing and transmission of the Service, including your 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.
11. As a convenience to the User, this Site may contain links to third-party websites that are not under the control of Doctum Learning Company. Doctum Learning Company makes no representations whatsoever about any other website to which User may have access through this Site regarding (i) the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; (ii) the quality of any products or services available on such sites; or (iii) expressly disclaims any responsibility for any damage or loss caused or alleged to be caused through or in connection with the use of or reliance on the content, goods, or services available on or through any such link, site, or resource.
12. Doctum Learning Company may, but has no obligation to, remove Content and Accounts containing Content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13. Verbal, physical, written or other abuse (including threats of abuse or retribution) by any user of any customer, employee, member, or officer of Doctum Learning Company will result in immediate account termination.
14. Questions about the Terms of Service should be sent to support at: support@doctumlearning.com

Personal Account Terms

1. You must be 18 years or older to use this Service.
2. An Account may not be registered by “bots” or other automated methods.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for updating this information as necessary to ensure its accuracy.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like. However, one person or legal entity may NOT maintain more than one free account.
5. You are responsible for maintaining the security of your account and password. Doctum Learning Company will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify Doctum Learning Company of any unauthorized use or access of your password, account, or any other breach of security.
6. You are responsible for all Content posted and any activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. You agree to hold harmless and indemnify Doctum Learning Company, and its parent company, subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third-party claim arising from or in any way related to your use of the Service, violation of these Terms of Service or any other actions connected with use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Doctum Learning Company will provide you with written notice of such claim, suit or action.
9. Doctum Learning Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. You agree that Doctum Learning Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Doctum Learning Company may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop the Service, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
11. Technical support is only provided to paying account holders. Access to the varying levels of technical support is dependent on the subscription level you have purchased and documented in a separate and independent Licensing Agreement.
12. The failure of Doctum Learning Company 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 you and the Doctum Learning Company and governs your use of the Service, superceding any prior agreements between you and Doctum Learning Company, including, but not limited to, any prior versions of the Terms of Service.
13. The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Doctum Learning Company and govern your use of the Service, superceding any prior agreements between you and Doctum Learning Company for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.
14. The Terms of Service and the relationship between you and Doctum Learning Company shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Doctum Learning Company agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Tazewell County, Illinois.
15. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
16. 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 Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.
18. You agree that Doctum Learning Company may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service. Your notices to Doctum Learning Company must be sent by an e-mail and acknowledged by a reply from Doctum Learning Company, or by a courier service which provides delivery confirmation.
19. Doctum Learning Company may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with Doctum Learning Company.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. Questions about the Terms of Service should be sent to support@doctumlearning.com.

Pricing, Payments and Changes to Service

1. A valid credit card is required for paying accounts and subscriptions.
2. After the trial period, 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. No exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Doctum Learning Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
5. 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 Doctum Learning site. (http://www.doctumlearning.com) or the Service itself.
6. Doctum Learning Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. When a price change is made by Doctum Learning Company, you can continue using the service through the end of your paid subscription period without paying any additional fees. Once your paid subscription period has passed, you will be charged the new price for the next period.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by doing so online at our website or by sending email to the following address: support@doctumlearning.com
2. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. You are solely responsible for maintaining adequate back-up copies of your content outside the Service.
3. You agree that Doctum Learning Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service, or to provide any particular type or amount or quality of storage.
4. If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
5. Doctum Learning Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Doctum Learning Company service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
6. In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive: Indemnity provisions, Privacy provisions, Proprietary Rights, Exclusion of Warranties and Limitation of Liability.
7. Doctum Learning Company reserves the right to refuse service to anyone for any reason at any time.

Proprietary Rights

1. Doctum Learning Company makes no Intellectual Property Rights claim over the Content you provide or post through the Service. You retain rights to your profile and any uploaded materials. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Services which are intended to be available to the general public, you grant Doctum Learning Company a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such content on the Service solely for the purpose of displaying, distributing and reproducing the works through the Service. This license terminates when such content is removed from the Service to which you originally submitted.
2. You must not remove, obscure, or alter any proprietary rights notices (including for example copyright and trade mark notices) which may be affixed to or contained within the Service.
3. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Consequently, except as expressly authorized by Doctum Learning Company or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, content accessed through the Service, or the Software, in whole or in part.
4. Subject to the Terms of Service, Doctum Learning Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You further agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Doctum Learning Company for use in accessing the Service.
5. Aspects of the Service are copyrighted ©2003-2009 by Doctum Learning Company, all rights reserved. Doctum® is a registered mark of The Iona Group, Inc.
6. Visual elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. User agrees not to use any means to circumvent login, password and other protections Doctum Learning Company puts in place to restrict access to certain parts of the Site.
7. It is Doctum Learning Company’s policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. To learn more or to submit a notice, please contact Doctum Learning Company at support@doctumlearning.com.

Exclusion of Warranties and Limitation of Liability

1. Doctum Learning Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Doctum Learning Company makes no representations or guarantees regarding these third-party vendors.
2. Doctum Learning Company does not warrant that (i) the service will meet your 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 you through the service will meet your expectations, and (v) any errors in the service will be corrected.
3. You expressly understand and agree that Doctum Learning Company 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 Doctum Learning Company 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 your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
4. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. You further agree not to decompile or use for any purpose other than to run the eLearning module for which it was intended, the underlying source code required to run a published Doctum eLearning module.