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The "NEO LMS" site (https://www.neolms.com), henceforth referred to as
"NEO", is a cloud-hosted LMS (learning management system) that can
only be used by schools for children (public and private) and
accredited universities/colleges that award degrees (higher
education). Other types of organization are welcome to use
LMS for Businesses.
We will not share any data you store on NEO with any 3rd
your express authorization.
We are FERPA and EU-US Privacy Shield compliant.
You retain copyright of the materials you upload to the site.
You should not upload any content that contains a virus or that is unlawful,
obscene, or offensive by
normal community standards. If we notice this kind of content, then we will
ask you to remove it from our site.
If you do not comply in a timely fashion, then we reserve the right to delete
the content from your site
and/or suspend your site.
When you sign up to become a member, you will also be asked to choose a
You are entirely responsible for maintaining the confidentiality of your
You agree not to use the account, username, or password of another member at
any time or to disclose your password to any third party.
You agree to notify CYPHER LEARNING immediately if you suspect any
unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
- Service level
We use industry best practices to provide a high uptime, including a
fault-tolerant architecture hosted
in multiple Amazon cloud zones. Since we launched our site in
2009, we have a
99.95% uptime record.
We do not guarantee a particular uptime, and we do not provide any kind of
refund for outages.
- Bug fixes
If a critical bug is reported, we will dedicate our engineering resources to
fix the bug as soon as
commercially possible. We prioritize and fix non-critical bugs at our
We provide technical support via our online support
forum to our Small school and Enterprise plan members.
We strive to respond to support requests within 30 minutes during US business
hours (9am to 5pm PST),
but we do not guarantee a particular response time.
- API access
We provide API access to sites on our Enterprise plan. To protect our servers,
we enforce an limiting rate on
API access. We reserve the rate to block and/or cancel API access in order to
protect the smooth functioning of our site.
We create automated on-site and off-site backups of our database. These
backups are primarily for the purpose
of restoring the production database in the event of a database corruption or
other kind of disaster.
We provide a trash can feature to allow our users to undo an accidental
deletion. If data is deleted
due to user error, our support service does not include restoring this data.
If data is deleted due to a bug,
then we will try to restore the data if it's commercially feasible.
We use industry best practices to protect the privacy and security of your
data. If we detect a security breach,
we will immediately work to fix the issue as well as alert our users if there
is a threat to their content
or passwords so that they can take appropriate action such as resetting their
- Premium plans
We provide a free plan as well as several premium plans. You can pay for the
on a monthly basis using a credit card or PayPal, or on a yearly basis using a
PayPal, wire transfer, or purchase order. If we don't receive your payment
when it is scheduled, you
will receive a warning notice with instructions on how to address the issue.
If the payment problem is not
addressed within 2 months of receiving the payment warning notice, then we
reserve the right to suspend
your site until the outstanding payment is received.
CYPHER LEARNING is not responsible for any incorrect or inaccurate content
posted on the NEO web site or in
connection with the NEO features, whether caused by users
of the NEO
features or by any of the equipment
or programming associated with or utilized in the NEO
Profiles created and posted by members on
the NEO web site may contain links to other web sites. CYPHER
LEARNING is not responsible for the content, accuracy or
opinions expressed on such web sites, and such web sites are in no way
investigated, monitored or checked for accuracy
or completeness by CYPHER LEARNING. Inclusion of any linked web site on the
NEO features does not imply approval or
endorsement of the linked web site by NEO. When you access
these third-party sites, you do so at your own risk.
CYPHER LEARNING takes no responsibility for third party advertisements which
are posted on this NEO web site or through
the NEO features, nor does it take any responsibility for the
goods or services provided by its advertisers. CYPHER LEARNING is
not responsible for the conduct, whether online or offline, of any user of the
NEO features. CYPHER LEARNING assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration
of, any user or member communication.
CYPHER LEARNING is not responsible for any problems or technical malfunction
of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software, failure of
any email or players due to technical
problems or traffic congestion on the Internet or on any of
features or combination thereof, including any
injury or damage to users or to any person's computer related to or resulting
from participation or downloading materials
in connection with the NEO features. Under no
circumstances shall CYPHER LEARNING be responsible for any loss or damage,
including personal injury or death, resulting from use of
the NEO features,
attendance at a CYPHER LEARNING event, from
any content posted on or through the NEO features, or from
the conduct of
any users of the NEO features, whether
online or offline. The NEO features are provided "as-is" and
and CYPHER LEARNING expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Cypher
Learning cannot guarantee and does not promise any
specific results from use of the NEO features.
In no event shall CYPHER LEARNING be liable to you or any third party for any
consequential, exemplary, incidental, special or punitive damages, including
lost profit damages
arising from your use of the NEO site, even if CYPHER
LEARNING has been advised of the
possibility of such damages. Notwithstanding to the contrary contained herein,
CYPHER LEARNING liability to you for any cause whatsoever and regardless of
the form of the action,
will at all times be limited to the amount paid, if any, by you to CYPHER
for the NEO web site features during the last three months of
If there is any dispute about or involving the NEO features,
you agree that the dispute shall be
governed by the laws of the State of California, USA, without regard to
conflict of law provisions
and you agree to exclusive personal jurisdiction and venue in the state and
federal courts of the
United States located in the State of California, City of San Francisco.
Either CYPHER LEARNING or
you may demand that any dispute between CYPHER LEARNING and you about or
involving the NEO features
must be settled by arbitration utilizing the dispute resolution procedures of
American Arbitration Association (AAA) in Los Angeles, San Francisco, USA,
the foregoing shall not prevent CYPHER LEARNING from seeking injunctive relief
in a court of competent jurisdiction.
You agree to indemnify and hold CYPHER LEARNING, its subsidiaries, and
affiliates, and their
respective officers, agents, partners and employees, harmless from any loss,
claim, or demand, including reasonable attorneys' fees, made by any third
party due to or
arising out of your use of the NEO features in violation of
from a breach of this agreement and/or any breach of your representations and
set forth above and/or if any content that you post on
the NEO web site or
through the NEO features
causes CYPHER LEARNING to be liable to another.
This agreement is accepted upon your use of the NEO web site
or any of the NEO features and is
further affirmed by you becoming a member. This agreement constitutes the
entire agreement between you and CYPHER LEARNING regarding the use of
features. The failure of CYPHER LEARNING to exercise or enforce any right or
provision of this agreement shall not operate as a waiver of such right or
provision. The section titles in this agreement are for convenience only and
have no legal or contractual
effect. This agreement operates to the fullest extent permissible by law. If
any provision of this agreement is
unlawful, void or unenforceable, that provision is deemed severable from this
agreement and does
not affect the validity and enforceability of any remaining provisions.
- Each physical school must have a single URL
We do not allow multiple physical schools to share the same URL
since this would allow them to sign up for a single premium account
and avoid paying their fair share. Similarly, we do not allow a
single physical school to have multiple URLs since this would allow
a large school to sign up for several free plans and bypass our free
plan size limit. If a single physical school has multiple instances,
CYPHER LEARNING has the right to suspend their instances as a result
of not following our Terms and Conditions.
- Accounts may not be shared
We do not allow accounts to be shared by users. This is for a variety of
reasons, including: (1) Security: It is
hard for an organization to secure an account if more than one user shares the
same userid and password. And if an
account is reported for inappropriate content, it would be very hard for us to
take action against that account because
it would no longer be associated with a particular user. (2) Pricing. We
charge for our site based on the number of
student accounts. If a large
school allowed all their students to access our
site via a few shared accounts, we would not be compensated fairly for the
service that we provide.
- Purging accounts
Any user account that is not registered with a school is considered to have
been abandoned and may be deleted at our discretion without warning.
- Purging schools
Any school that is not on a premium plan and whose administrators and
teachers have not accessed the site for at
least 6 months is considered to have been abandoned and may be deleted at
our discretion without warning.