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Terms of Use

Note: This Terms of Use Agreement must be reviewed, signed and returned to LEARN NC. If you completed Moodle Training with LEARN NC, you agreed to these terms in electronic format.

1. Eligibility:

(a) Instructor eligibility: All educators employed by the designated Local Education Agencies (hereafter referred to as the LEA) seeking to use Moodle for single-classroom use, or employees or affiliates of partner organizations and LEAs which have a signed Memorandum of Understanding on file with LEARN NC, are eligible to create and teach courses, via Moodle, to be hosted by LEARN NC.

(b) Student eligibility: All educators employed by North Carolina LEAs, students enrolled in North Carolina Public Schools, individuals enrolling in LEARN NC classes, or individuals enrolled through partner organizations which have a signed Memorandum of Understanding on file with LEARN NC, are eligible to be students in courses on LEARN NC’s server.

(c) Single-classroom use: LEARN NC defines single-classroom use as use not mandated by or included in a larger online program of study.

2. Services offered by LEARN NC:

(a) LEARN NC will host on its servers courses created by the LEA and its educators for a period of one year. LEARN NC will bear all costs for maintaining these servers and the availability of these courses via the World Wide Web. At the end of one year, parties may renew this agreement in writing or by electronic signature. Responsibility for server maintenance will not extend to maintaining usability of individual courses, including but not limited to such tasks as fixing broken links.

(b) LEARN NC will provide reasonable access to technical support for instructors who complete Moodle Training through LEARN NC and their students. Support is available during the LEARN NC Help Desk’s posted operating hours for the duration of the licensing agreement. The LEARN NC Help Desk may not be used for instructional purposes. LEARN NC reserves the right to refuse service to any instructor, school, or LEA whose use impacts LEARN NC’s ability to maintain the established quality of service for other users.

(c) LEARN NC will provide course shell creation for course instructors who have completed LEARN NC Moodle Training or other authorized training from a third-party provider. LEARN NC will provide user registration for instructors whose students are ineligible to register through our public user management system at http://www.learnnc.org. Shell creation and user registration services can be performed in 2-3 business days between October and July; however, due to high demand, these services may take up to five business days in August and September.

3. Conditions for author/instructor use:

(a) Course authors and instructors must complete LEARN NC Moodle Training or other authorized training from a third-party provider. Course authors and instructors who complete other authorized training from a third-party provider must submit a certificate of completion to LEARN NC, and must return a signed copy of these Terms of Use to LEARN NC before they are eligible to request a course shell.

(b) The author and/or instructor of, or LEA and/or educational partner commissioning, each course will be solely responsible for the content of their course. This responsibility includes, but is not limited to, quality of content, educational appropriateness of content, viability of Web links, securing copyright holder’s permission for use of any non-original content of posted course materials, and responsibility for removing and/or preventing the posting of obscene or illegal content. The author and/or instructor offers the course on the authorization of their LEA and is responsible for complying with all state and federal laws and policies. The author and/or instructor hereby agrees to indemnify The University of North Carolina at Chapel Hill and LEARN NC for any loss, damage, cost, fee, or expense incurred as a result of author and/or instructor’s violation of copyright law or failure to perform its/their obligations under this subparagraph (c).

(c) The author and/or instructor creating the course will provide, as part of that course, a link to LEARN NC’s Conditions of Use, as they exist from time to time.

(d) The author and/or instructor of the course retain full ownership of the author-created content of the course, subject to the conditions set forth in this Agreement.

(e) LEARN NC reserves the right to disable instructor access to all Moodle resources if the training invoice is not paid within 60 days of the invoice date.

4. Conditions for third-party use of courses:

(a) Any eligible educator may teach existing courses to eligible groups, as set out in Section 1 above, without notifying the original author of the course, so long as they offer those courses free of charge.

(b) Instructors may make copies of shared LEARN NC courses as necessary and may modify those courses as they deem proper. However, credit must be given to the original author(s) of the course; this credit shall include the names of the author(s), the LEA of which they were a part, the title of the original course, the year created, and a link (if possible) to the original course. Before an instructor may modify a shared LEARN NC course, he or she must agree to the Terms and Conditions of the License.

Unless otherwise noted, all courses developed by LEARN NC

  • are the property of LEARN NC,
  • are for educational purposes only,
  • are not for sale and not to be used for commercial purposes or commercialized in any way,
  • may be presented only under the auspices of the institutions authorized to present them,
  • are for use only by faculty, staff, and students of institutions authorized to present them,
  • may be temporarily modified according to the educational needs of authorized users.

Faculty members who choose to present these courses agree to respond promptly to surveys, inquiries, and evaluation instruments from LEARN NC regarding

  • how the course was presented,
  • to whom the course was presented,
  • when the course was presented,
  • the effectiveness of the course,
  • student reaction to the course,
  • instructor opinion of the course, and
  • any other course-related information deemed pertinent by LEARN NC.

(c) An instructor or LEA that modifies a course is responsible for the content of the modifications. This responsibility includes, but is not limited to, quality of content, educational appropriateness of content, viability of Web links, securing copyright holder’s permission for use of any non-original content of modified course materials, and responsibility for removing and/or preventing the posting of obscene or illegal content. The instructor offers the course on the authorization of their LEA and is responsible for complying with all state and federal laws and policies. The LEA and/or instructor who modifies a course hereby agrees to indemnify The University of North Carolina at Chapel Hill and LEARN NC for any loss, damage, cost, fee, or expense incurred as a result of LEA’s and/or instructor’s violation of copyright law or failure to perform its/their obligations under this subparagraph (c).

(d) LEAs and/or instructors may not charge students to take any course made available through this agreement without express written permission of LEARN NC and, in cases where LEARN NC does not hold the copyright to the original material, the express written permission of the original author.

5. Termination

Either party may terminate this agreement with sixty (60) days notice. Upon termination, LEARN NC reserves the right to archive courses covered under this agreement in electronic format and remove them from the Moodle server.

Please return this Terms of Use Agreement signed to:

Registrar
LEARN NC, CB # 7216
University of North Carolina at Chapel Hill
Chapel Hill, NC 27599-7216

Signature: ________________________________________

Please Print Name: _________________________________

Date: ____________________________________________