MyWebExam - Terms of Use

Educatia offers its online testing service (also referred to as "MyWebExam.com" or "MyWebExam") subject to the following terms of use. By registering and using our service, you agree to your acceptance, without limitation or qualification, the terms and provisions set forth below. If you do not agree with these terms, you may not use MyWebExam.com.

1. About the services offered through MyWebExam.com

MyWebExam.com is a hosted, subscription-based service enabling teachers and corporate instructors to create, deliver and assess results for tests and quizzes using the Internet. Tests, questions and test results are stored in our database. We may offer other features in the future, or change or eliminate current features at any time, without advance notice.

The service does not include Internet access; such must be obtained from a third-party Internet Service Provider (ISP) or similar.

2. Subscriptions

Educatia grants you a non-exclusive right to use the service according to these terms. This right assumes that you have provided all the required information during sign-up, and paid any outstanding subscription fees as billed to you by Educatia. If you are deemed by Educatia to be in breach of these terms of use, we may shut down your user account and the user accounts associated with your user group, and terminate your subscription. No compensation shall be paid to you in case of such termination.

You may terminate your subscription at any time, but your current annual subscription fee will not be refunded. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the service and may shut down your user account and the user accounts associated with your user group.

The service can only be used by you and the members of your user group, according to the limitations imposed on the service by the subscription type you have selected (such as, but not limited to, maximum number of users and allocated storage size). The service and subscription cannot under any circumstances be sold, rented, or in any other way made available to third parties, regardless of compensation.

The service, any underlying technology used in connection with the service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (except tests, questions and answers entered by you or your students) made available as part of the service remain the property of Educatia and are protected by copyright.

3. Use of the service

Your user group name, user name and password grant you access to the services provided through MyWebExam.com. You are responsible for keeping your credentials confidential, and you are responsible for changing your password as soon as possible if the password is lost or revealed to others.

Educatia cannot be held responsible for deliberate or undeliberate abuse of your user account and password. You agree not to attempt to gain access to other user's private data.

You also agree not to try to decompile, reverse engineer, copy, plagiarize or in any other way obtain source code from the service. You agree not to upload viruses and other destructive code or components to the service.

4. Content liability

Educatia cannot be held responsible for any content you enter, upload or make available through MyWebExam.com. You agree not to upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content through the service. It is your responsibility to observe copyright laws and licensing rights associated with uploaded material.

Educatia reserves the right, at its sole discretion, to inspect entered or uploaded data to control that the content complies with the terms of this agreement. We may delete offensive material and material deemed at our discretion to be in breach of these terms, and we may also terminate your user account and subscription based on any such breach of the terms. We may submit your data to the authorities when we are required to do so by law.

You agree to compensate Educatia fully for all expenses and damages that may result from your breach of these terms.

5. The Test Library

The Test Library is a collection of tests and quizzes provided by Educatia to the users of MyWebExam.com, subject to the current terms and conditions of the Test Library.

Users may spend "Library Credits" (gained as part of your subscription to the service, or bought separately) to copy tests from the Test Library. Such copies remain the sole property of Educatia and are protected by copyright. You agree to only use these tests within the context of MyWebExam.com. You cannot sell, publish and/or distribute these tests (or any works derived, in whole or part, from our original tests), in any other manner without express written permission from Educatia.

Users may submit tests to the Test Library. By submitting a test to the Test Library, you automatically grant and/or warrant that the owner has granted Educatia, the perpetual, royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, transmit, and sell the test through the service.

6. Availability of service

Educatia works to make MyWebExam.com available 24 hours a day, 7 days a week. However, Educatia does not make any guarantees as to the availability of the service. Educatia may, at its sole discretion, perform maintenance and other system modifications that may affect the availability of the service. No compensation shall be paid to you even if you suffer losses, financial or otherwise, as a consequence of such maintenance or modifications. We do try to perform such maintenance and make system modifications at times when they are least likely to interrupt our users' use of the service, and we endeavour to inform you of such interruptions of service in a timely fashion.

Educatia cannot be held responsible for losses and damage, financial or otherwise, in the case of corrupted or lost data, service downtime, or service malfunction. We do schedule regular backups, but you are responsible for securing your own data, if necessary by paper printouts of the data displayed during your use of the service.

EDUCATIA IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN MYWEBEXAM.COM AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN MYWEBEXAM.COM FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. YOU AGREE THAT YOUR ACCESS TO MYWEBEXAM.COM AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER EDUCATIA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.

MYWEBEXAM.COM AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL EDUCATIA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EDUCATIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS MYWEBEXAM.COM OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MYWEBEXAM.COM'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EDUCATIA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Disputes

You agree to indemnify and hold Educatia, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, email, or otherwise transmit through MyWebExam.com, your use of the service, your connection to the service, or your breach of the terms.

In general, any disputes between you and Educatia are to be settled amicably. In the event of legal action, you agree to submit to the exclusive jurisdiction of the court of Stavanger, Norway, and to the laws of Norway.

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Terms of Use