1. ACCEPTANCE OF TERMS

Welcome to Writing Matters. Writing Matters provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. We will notify you of any changes by posting to the main page of the site and sending a notice of such change to the mailing list. However, we are not liable for failure to note changes to the TOS. You can review the most current version of the TOS at any time by clicking on TOS in your author profile. Failure to accept these terms will deny you the right to post content to Writing Matters by not allowing you to create a classroom e-zine account. Failure to observe the TOS is grounds for removing your classroom e-zine from the site.

2. DESCRIPTION OF SERVICE

Writing Matters is a classroom publishing tool designed for educators and their students. It is aligned to the content publishing needs of a typical writing workshop. Teachers can easily create and customize their class e-zines.

Please be aware that teachers – not Teaching Matters - will be approving content posted to their e-zines. Teachers are responsible for the content posted on their e-zines. However, the following types of content are not allowed on these sites:

• Mature content
• Content which violates a school systems acceptable use policies
• Student’s last names

Teaching Matters is not responsible for any content posted on class e-zines. We will, however, remove any inappropriate content brought to the attention of the Teaching Matters staff.

If you locate content that contains illegal and copyrighted material please contact our staff and we will make every effort to remove said material from the Writing Matters web site. Please see "Section [Nine]: Copyrights and Copyright Holders" below for more information on reporting copyright violations.

3. YOUR REGISTRATION OBLIGATIONS

Sample Letter

To register for a class e-zine you agree to the following terms:

1. You are an educator.
2. You agree to be responsible for the content that is posted to your e-zine.
3. You have obtained permission from parents to post student work in accordance with local guidelines.
4. You agree that you are responsible for abiding by all laws regarding the hosting of student information and student work. Including:
   • COPPA; and
   • Obtaining the proper permissions.
5. You agree that Teaching Matters may take down any content / e-zine for any reason.
6. You agree that there is no warranty or support associated with their e-zine.
7. You agree to abide by the TOS.
8. You agree to uphold the local acceptable use policies of your school or district and other local laws as applicable to your actions when viewing and posting of content to the site.
9. You agree to check for updates and update notices of the rules and the TOS on the main page and with in pages on Writing Matters.
10. You agree not to upload, post or otherwise make available make available any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable;
11. You agree not to upload, post or otherwise make available content that you do not have the legal right to under the law;
12. You agree not to upload, post or otherwise make available material that is unsolicited advertisements, promotional material, spam, etc;
13. You agree not to intentionally or unintentionally violate any applicable local, state, national or international law.

4. AUTHOR ACCOUNT, PASSWORD AND SECURITY

(a) By agreeing to the terms set forth herein, you will attain the ability to set up a class e-zine. You will receive two passwords. The first password is for you only. It allows you to approve, edit and delete content which appears on the website. The second password is for students. It allows general posting of articles only. You will be able to create two unique passwords on completing the E-zine Registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Teaching Matters of any unauthorized use of your password or account or any other breach of security by e-mailing us at eodonnell@teachingmatters.org, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. Teaching Matters Inc. cannot and will not be liable for your failure to comply with this Section.

(b) You give Teaching Matters the non-exclusive rights to publish your uploaded writing on Writing Matters. We encourage teachers to select the best writing in their classroom and feature it on their site. This will provide other teachers and students writing samples that a teacher has identified as meeting or exceeding local writing standards. Any article that you select as a “feature article” will be listed on the Writing Matters online magazine.

You acknowledge and agree that Teaching Matters may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; or (c) respond to claims that any content violates the rights of third-parties.

You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. These changes will be done with out notification based on the software and/or hardware. The author is advised to check the formatting of their piece.

6. MODIFICATIONS TO SERVICE

Teaching Matters 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 Teaching Matters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

7. TERMINATION

You agree that Teaching Matters, in its sole discretion, may terminate your account and remove and discard any content, for any reason if it believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Teaching Matters may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Teaching Matters may immediately deactivate or delete your e-zine and bar any further access to Writing Matters. Further, you agree that Teaching Matters shall not be liable to you or any third-party for any termination of your access to the service.

8. LINKS

The e-zines may provide links to other World Wide Web sites. Because Teaching Matters has no control over such sites and resources, you acknowledge and agree that Teaching Matters is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Teaching Matters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. COPYRIGHTS and COPYRIGHT AGENTS

Teaching Matters respects the intellectual property of others, and we ask our users to do the same. If you believe that your e-zine or any article submitted by a student contains material which is, or may be copyrighted, you should immediately remove such information from your e-zine.

10. VIOLATIONS

Please report any violations of the TOS to Teaching Matters by e-mailing them to eodonnell@teachingmatters.org.