4.0 Usage Agreement
Definitions
Licensed Member Organization – The entity which has entered into an Agreement with Open School BC for participation in Online Consortium Hosting Service (OCHS), to access, modify, and/or use OCHS provided online content and courses within WebCT and/or MOODLE server software.
Users – Those persons registered, and authorized, to access and use Online Consortium Hosting Service provided course content as designated by the Online Administrator. Users may include students, teachers, course designers, course markers, and other educators directly related to the provision and instruction of a course.
Online Administrator – Those persons designated by the License Participant to register all Users with the Online Consortium Hosting Service (OCHS), and/or its service providers, within the License Participant’s jurisdiction, that will access, view, use and/or modify OCHS provided online content. The Online Administrator will act as the Licensed Member Organization’s representative, and enable access to both online course content and interactive features for all registered Users, and act as a conduit with the Licensed Member’s organization for relaying critical OCHS service information to teachers and students.
Open School BC Online Consortium (OC) – The entity, with which the License Participant enters into a Usage Agreement. OC, through its service providers, hosts and enables access to online courses, the shared WebCT Campus Edition and/or MOODLE server software, and online administrator software, and provides technical support for course access.
Open School BC – The entity providing Online Consortium Hosting Service with the technical hosting, delivery, and support services to the License Participants. The entity that develops, provides, and owns Open School BC Online courses.
Service Providers – Those entities, on behalf of the Online Consortium Hosting Service, providing technical services and products to the License Participants.
GENERAL
Limitation of Liability
Open School BC, provider of OCHS, is not liable to the License Participants or Users, either in contract, tort, or otherwise, for any direct, indirect, or consequential loss, damage, change, or destruction of data for content.
Compliance
It is the responsibility of the License Participant to ensure that anyone accessing and modifying content, posting comments or information, creating links to external information sources, and/or making any other changes to OCHS provided products and services conform to acceptable educational standards held within the governing jurisdiction.
The Online Administrator will register, with OCHS through Open School BC, each individual User that is accessing, viewing, using, and/or modifying OCHS provided online products and services.
Links included within OCHS provided online products and services are intended for educational purposes and OCHS and its service providers are not responsible for the content, connection, or functionality of these links.
Fees
The License Participant agrees to pay OCHS, through Open School BC, the access and technical support fees specified.
Service Problem Escalation and Resolution
In the event of technical service delivery disruption or disagreement, License Participants agree to abide by the escalation and resolution process developed between OCHS and its governing body. Customer Service response time will be within 24 hours during regular business hours.
Service Operation
Open School BC will provide Customer Service contact during regular business hours of 8:30 am – 4:30 pm, Monday to Friday excluding statutory holidays. Server access is 24 hours per day, 7 days per week with the exception of the full weekly backup and published weekly change windows.
- Full Weekend Backup and Reserved Change Window are every Sunday morning beginning at 12:01am through to 11:00am.
Course Seat Management
The License Participant is responsible for ensuring that the active number of course seats falls within their school district’s total course seat usage designation. If additional seats are required, the License Participant must contact OCHS and arrange for purchase of seats.
The Online Administrator will practice good course seat management by deactivating course seats not in use and returning them to their School District’s seat pool for reassignment.
Server Space Allocation
Each Licensed Member Organization will be provided with space on the OCHS server for its course use. Open School BC reserves the right to limit the amount of server space available to Licensed Member Organizations. If an organization requires large digital media pieces in their online courses that will expand the size of a course beyond the average course limits, the License participant must contact OCHS to discuss placement on our Media Server. Note that very large media may require additional fees to cover bandwidth and storage (refer to section 1.1 for average course size).
Instruction, Assessment, and Course Resources.
The License Participant is responsible for ensuring that the active number of course instances falls within their school district's total course instance usage designation. If additional course instances are required, the License Participant must contact OCHS and arrange for purchase of the course instances.
The Online Administrator will practice good course instance management by contacting OCHS to have course instances not in use deleted. Deletion of course instances will ensure that the number of course instances purchased by the License Participant is managed effectively. The Online Administrator can request creation of a new course using the 'Request Course Instance’ tool.
Local Technical Infrastructure
The License Participant is responsible for Internet connectivity and technical infrastructure for Users within their jurisdiction.
Netiquette
The License Participant is responsible for the interaction between their users within courses. The License Participant is responsible for the observation and adherence to proper online learning netiquette by their users. Please refer to the Acceptable Use Policy included in the Online Administrator Guide.
Student Data
Licensed Member Organizations are responsible for all their student data, including student registrations, grades and assignments. Licensed Member Organizations need to ensure that this information is regularly saved separate from the OCHS WebCT server. Licensed Member Organizations are responsible for any data related to Freedom of Information and Protection of Privacy (FOIPP) requirements and are advised to contact the individual responsible for FOIPP in their organization.
OPEN SCHOOL BC CONTENT
Open School BC Intellectual Property Rights
Open School BC has licensed courses from the Province of British Columbia and is making these available to OCHS members on a licensed basis. Licensed Member Organizations that license Open School BC courses may make modifications to course content. All modifications to courses belong to Open School BC, as per the content licensing agreement that Open School BC has with the Province of British Columbia. Licensed Member Organizations may not sell, re-sell or distribute Open School BC courses in whole or in part. In addition, Open School BC courses are licensed for use as part of OCHS only and may not be transferred to other e-learning platforms or services without prior written permission from Open School BC. Open School BC reserves the right to charge additional license fees for use of its content in e-learning platforms or services other than OCHS.
All Open School BC content that is included on a page must be accompanied by the Open School BC copyright notice in the footer.
Copyright, trademark, trade name and all other intellectual and proprietary rights are and at all times shall remain the property of Open School BC.
All 3rd party copyright material added to the courses by the License Participant must be cleared by the License Participant directly from each copyright owner. The License Participant must maintain copies of the copyright clearance records.
The rights under this Agreement are non-exclusive and non-transferable. This Agreement does not grant the License Participant any right in or to intellectual property of the original content of Open School BC courses.
Use Of Online Consortium Hosting Service
The Licensed Member Organization may not sell, resell or distribute in whole or in parts its licensed seats and/or technical support hosting commitment in the OCHS shared WebCT license. Any enrollment of Users not registered in the Licensed Member Organization’s jurisdiction is subject to the prior written approval of Open School BC.
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