Usage & Agreement

Web Site Terms and Conditions and Privacy Statement

School Management and Record Tracking, Inc. (SMART) will not license, disclose, sell or otherwise share information gathered on or through OnlineSMART.net web site except as described in these Web Site Terms and Conditions and Privacy Statement. These Web Site Terms and Conditions and Privacy Statement are those referred to in the General Terms and Conditions to the Master Services Agreement between SMART and each customer of Hosted Services. In the event of any inconsistency between these Terms and Conditions and Privacy Statement and the applicable Master Services Agreement, the terms of the Master Services Agreement shall govern. General Terms & Conditions

Legal Requirements

Use and disclosure of student records ("personal information") is subject to extensive United States Federal and state regulation. Each Customer and each User agree to comply at all times with their respective obligations, all regulations promulgated thereunder from time to time and all other applicable Federal and state laws and regulations. While SMART provides an infrastructure for efficient storage, retrieval and distribution of student information, making determinations on disclosure, sharing and distribution of information is solely the responsibility of Customers, Users and their advisors.

Access

Access to student information and records will be strictly controlled by passwords, and in some cases authentication devices and PIN numbers, issued to individual Users. It is the responsibility of each User to maintain secrecy of passwords, PIN numbers and other security measures at all times to prevent unauthorized use and access. Customers and User shall indemnify SMART from and against all liability, loss or damage arising from unauthorized use of Users' password, PIN number, and/or authentication device, unless such unauthorized use is solely attributable to the gross negligence or willful misconduct of SMART.

Customer Information

In the course of providing the Services, SMART will receive from Customers and Users information about Customers and Users and will moreover gather details of their usage of the Hosted Services. In addition, to manage our credit risk, it may be necessary for us to supplement the information we receive from Customers and Users about themselves with information from third party sources. For example, we may request a credit report regarding a Customer. SMART will not disclose information received about individual Customers or Users, or details regarding an individual Customer's or User's usage of the Hosted Services, except as necessary to perform the Hosted Services or to comply with laws or legal process. SMART may, however, disclose information regarding its Customers and Users, and patterns of use of the Hosted Services, on an anonymous or aggregate basis.

Cookies

We use a feature on your Internet browser called a cookie. Cookies are small files that your Web browser places on your computer's hard drive. We use cookies to let us identify you. The cookie will not allow access to any secured areas of our site; these will always require a password.

Log Files

We use IP addresses to analyze trends, administer the site, track user movement, and log information for security purposes. IP addresses are not linked to personally identifiable information. All such collected information will be available for review by Customer, to enable Customer to track usage by the various Users.

Links

Our Web site may contain links to other sites. Please be aware that SMART is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

Security

SMART takes many precautions to protect our users' information. When customers submit sensitive information to our Web site, we protect it both online and offline. On-line we are using encryption, authentication (user names and password), and a firewall to protect our user's data. Off-line we protect the data through both physical and operating system security.

Member Communications

Existing Customers and Users will occasionally receive information about products and services. We respect the privacy of our users and offer the option not to receive these types of communications.

Correction/Updating Personal Information

If a Customer's or User's contact or billing information changes or if a Customer or User no longer desires our service, we will correct, update, or remove that Customer's or User's company data provided to us.

Misuse and Termination

Misuse of SMART's ASP and Hosted Services such as by hacking, spamming, solicitations whether commercial or non-commercial, or transmission of information that is harmful, obscene, harassing, libelous or illegal is strictly forbidden. Any such activity, and any other violation of these Terms and Conditions and Privacy Statement or the Master Services Agreement by a Customer or User may, in SMART's discretion, result in termination of Hosted Services by SMART to the Customer or User without notice, and entitle SMART to all other remedies available under applicable law. Without limiting the generality of the foregoing, termination may also result if SMART has reason to believe that a Customer or user is not in compliance with laws governing privacy or disclosure of health information or that a patient consent has been withdrawn or revoked. Finally, failure of a Customer to pay any sum due and owing to SMART under the Master Services Agreement or otherwise shall constitute grounds for termination of the Hosted Services.