Last Updated: July 1, 2011
ets Terms of Service
This statement applies to ets’ products, services and websites worldwide (collectively, ets’ “services”).
- ets collects personal information when you register for an ets service or otherwise voluntarily provide such information. We may combine personal information collected from you with information from other ets services or third parties to provide a better user experience, including customizing content for you.
- ets’ servers automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request.
- We may use personal information to provide the services you’ve requested, including services that display customized content and advertising.
- We may also use personal information for auditing, research and analysis to operate and improve ets technologies and services.
- We may share aggregated non-personal information with third parties outside of ets.
- We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
- ets processes personal information on our servers located only in the United States of America.
- We offer you choices when we ask for personal information, whenever reasonably possible. You can find more information about your choices in the privacy notices or FAQs for specific services.
- We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and delete it, when reasonably possible.
For information about specific ets services, please check the relevant privacy notice in the options above. ets adheres to the principles of the EU/US Safe Harbor Program.
Last modified: July 1, 2010
ets adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, which are promoted by the U.S. Department of Commerce's Safe Harbor Program.
c/o Electronic Training Solutions, Inc.
P.O. Box 457
Cocoa, FL 32923-0457
Information we collect and how we use it
We offer a number of services that do not require you to register for an account or provide any personal information to us, such as Whole Family Connection and the ets connections suite of products. In order to provide our full range of services, we may collect the following types of information:
- Information you provide – When you sign up for an ets account or other ets service or promotion that requires registration, we may ask you for personal information (such as your name, zip code, race/ethnicity, email address and an account password). For certain services, such as our enrollment programs, we may also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
- Log information – When you access ets services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications – When you send email or other communications to ets, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
- Location data – ets offers location-enabled services, such as Google Maps. If you use those services, ets may receive information about your actual location or information that can be used to approximate a location. This is done to improve the quality of your service selections.
- Links – ets may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising. Read more information about links and redirected URLs.
- Providing our services, including the display of customized content and advertising;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Ensuring the technical functioning of our network;
- Protecting the rights or property of ets or our users; and
- Developing new services.
You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.
ets processes personal information on our servers located only in the United States of America. We may process personal information to provide our own services. In some cases, we may process aggregated personal information on behalf of and according to the benefits of a third party, such as our advertising partners. We do not provide individual personal information to any third party.
Choices for personal information
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some ets features and services may not function properly if your cookies are disabled.
You can decline to submit personal information to any of our services, in which case ets may not be able to provide those services to you.
ets only shares personal information with other companies or individuals outside of ets in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of ets, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular service, for example, or how many users clicked “yes” on a particular survey question. Such information does not identify you individually.
Please contact us at the address below for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to ets employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and updating personal information
When you use ets services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.
c/o Electronic Training Solutions, Inc.
P.O. Box 457
Cocoa, FL 32923-0457
When we receive formal written complaints at this address, it is ets’ policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between ets and an individual.
c/o Electronic Training Solutions, Inc.
P.O. Box 457
Cocoa, FL 32923-0457
Should you have questions regarding any of the terms used in the Privacy Center, please refer to the Glossary, or contact ets at Privacy Matters.
- How does ets protect user privacy?
- Why does ets store search engine logs data?
- Why are logs kept before being anonymized?
- How can I remove information about myself from ets’ search results?
- Can my identity be compromised on an ets system?
- Does ets solicit personal information from the general public?
- What do you do to protect personal information?
- How is information used?
- How do you use input from users?
- What happens when different privacy laws in different countries conflict?
- I have a listing on the Whole Family Connection™ – is someone actually looking at what I write to match the ads with my emails?
- Is privacy possible on social networking sites, like ets connections?
- How does ets protect the privacy of users’ information?
- How can I contact ets if I have a privacy question or complaint?
- What can I do to safeguard privacy?
- How does ets protect user privacy?
How does ets protect user privacy?
At ets, we are keenly aware of the trust our users place in us, and our responsibility to protect their privacy. We believe transparency and choice are the foundations of privacy. We strive to let users know what information we collect when they use our products and services, and give users meaningful choices about what information they provide to ets and to others.
ets has adhered to the seven (7) United States and European Union Safe Harbor Privacy Principles since their initial announcement in July, 2000. These are:
- Notice to users regarding the purpose of data collection and use.
- Choice by users regarding the degree of participation.
- Onward Transfer of collected information to third parties.
- Access by users to their own information once entered into the system.
- Security by taking reasonable precautions to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
- Data Integrity meaning that information collected is relevant to the purposes for which it is claimed to be used.
- Enforcement to ensure compliance and the resolution of complaints.
These principles have set the stage for the design of the ets connections systems and the policies and procedures ets uses to implement and manage the systems in communities. Following are the most Frequently Asked Questions regarding ets information systems:
Why does ets store search engine logs data?
We store this data for a number of reasons, the most important of which are to improve our customer/service connection results and to maintain the security of our systems. Analyzing logs data is an important tool in helping our engineers refine search quality and build helpful new services. Take the example of ets’ Service Analyzer. ets’ software automatically looks at a user’s query and checks to see if the system is providing the most appropriate service match. If we calculate that a user is likely to get more relevant search results with a rephrased question, we’ll ask the question differently. In order to provide this service, we study the data in our logs. Logs data also helps us improve our search results. If we know that users are clicking on the #1 result, we know we’re probably doing something right, and if they’re hitting next page or reformulating their query, we’re probably doing something wrong. In addition, logs data helps us prevent against fraud and other abuses, like phishing, scripting attacks, and spam, including query click spam and ads click spam.
Why are logs kept before being anonymized?
We strike a reasonable balance between the competing pressures we face, such as the privacy of our users, the security of our systems and the need for innovation. We believe anonymizing IP addresses after 12 months and cookies after 18 months strikes the right balance.
How can I remove information about myself from ets’ search results?
Like all search engines, ets connections is a reflection of the content, services, and information that is available in communities and on the Internet. Search engines do not have the ability to remove content directly from the Internet, so removing content from ets connections or another search engine would still leave the original content that exists on the Web. The best thing for users who want content removed from the Internet to do is contact the webmaster of the page or the Internet hosting companies hosting the content to find out their content removal policies. Once content has been removed from a website where it appeared and ets’ search engine crawl has visited the page again, the information will no longer appear in ets’ search results. We do offer tools to help users with urgent removal requests.
Can my identity be compromised on an ets system?
First and foremost, the purpose of many of our ets connections systems is to provide families access to community services, both anonymously and from anywhere they choose. Because this is done through the internet and an IP address, any information submitted from that point can be traced back to a location, but not necessarily a specific user. This is true of any web-based system, such as those systems used for on-line banking, Google, and Yahoo, hence, ets’ adherence to the Safe Harbor guidelines.
Does ets solicit personal information from the general public?
ets does not “solicit” personal information; however, we do make the Whole Child Connection / Whole Family Connection (WCC/WFC) accessible to all families. Upon access to the WCC system, users are informed that the system is voluntary, which means they can “opt out” if desired. They are also informed that it is anonymous and do not need a User Name and Password. If they choose to save their data, they themselves select a User Name and Password. These are choices the user makes.
Users are also asked to provide demographic information regarding race and ethnicity based on guidelines from the Congress of Federal Regulations, but these are not required. The only data fields required by the ets connections systems are;
- Zip (Postal) code,
- Employment status,
- Family income,
- Number of people in your household.
This information is used to facilitate the service selection process for user convenience, and when aggregated, community level analysis.
During survey completion, users are not required to answer any question(s) they choose not to. As service providers are selected, the user can choose whether or not to have a notification sent to the provider of their interest in the provider’s services. Finally, the user can choose to provide an email address or other contact information so that they may be contacted for follow-up by the provider or ets connections staff regarding their experience.
Once again, it’s all about choice, and allowing the user to balance risk and expected value.
What do you do to protect personal information?
All data entered into the ets connections systems by all users are stored as are all data source IP addresses. ets does not analyze individual IP information and does not authorize, through authorized access, any third party to do so. ets does not harvest or sell individual IP source information. Information at this level is used by ets for identifying error messages, troubleshooting, and improving system effectiveness. ets does aggregate the data from multiple users for community level analysis. This analysis is shared with community leaders and made available to the public. However, in no instance, can any information be attributable to a particular user or IP address. Should the aggregated data from a particular demographic such as zip code or school be less than 5 users, ets does not report results for that particular demographic. This is an additional safeguard taken to protect anonymity.
How is information used?
Aggregated information collected through the ets connections system is used by organizations throughout communities to improve the allocation of resources and create service capacity. School district leaders, for example, use it to improve the collaboration with peer agencies such as the County Health Department, Sheriff, and County Government. School principals use it to improve the quality of School Improvement Plans and the effectiveness of business partners and volunteers. At the state level, agencies can evaluate the effectiveness of prevention programs at the local level, and better collaborate with peer agencies on cross-agency issues, such as between Social Services, Juvenile Justice and the Department of Education.
How do you use input from users?
ets takes all input from users and stakeholders seriously. As a result, we continue to evaluate our policies and systems to ensure the highest degree of access and usability. Because our systems are web-based, our best intentions must be supported by recognized best practices, such as the U.S. / E.U. Safe Harbor Framework. ets reviews its ets connections sites regularly to ensure adequate notice and choice are provided to users, and that it continues to protect confidentiality and ensure the integrity of data stored in its systems.
What happens when different privacy laws in different countries conflict?
Our privacy policies are developed to comply with the privacy laws in all the countries where we do business.
I have a listing on the Whole Family Connection™ – is someone actually looking at what I write to match the ads with my emails?
Like most email services, ets uses software to scan emails for viruses and to filter out spam. ets uses this same kind of software to scan for keywords in users’ emails which we can then use to match ads. When a user opens an email message, computers scan the text and then instantaneously display relevant information that is matched to the text of the message. Once the message is closed, ads are no longer displayed. The entire process is automated and involves no humans.
Is privacy possible on social networking sites, like ets connections?
ets connections provides robust sharing controls that allow users to restrict who can view their profile, success plan, and other information they choose to post. When users create a profile, there is a “golden key” icon that allows users to choose who can view their profile – whether it be family members or one or more service providers. Users can change their sharing settings and edit information in their profile at any time.
How does ets protect the privacy of users’ information?
What can I do to safeguard privacy?
ets systems link, or may direct you, to hundreds of organizations in the community which deliver services to users. While ets has validated the legal status of each service provider in its databases, it cannot guarantee that each provider has, or adheres to, stringent privacy policies. Your privacy and confidence in the security and safety of any ets product is important to us. Should you experience any threat, real or perceived, regarding your personal information from any provider or organizational entity listed in any ets system, please notify us at:
c/o Electronic Training Solutions, Inc.
P.O. Box 457
Cocoa, FL 32923-0457
Adware: A type of nuisance, and sometimes harmful, code that displays unsolicited advertising on your computer.
Aggregated non-personal information: Information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.
Anti-virus software: Computer software designed to block harmful programs, code, and software (known as viruses) from your computer.
Blog: A diary or personal journal posted on a website which is usually updated frequently. A blog may be established as private or made available to be viewed by the general public.
Bots: Computer programs that automatically perform repetitive tasks, such as searching or “crawling” through websites or indexing information.
Browser: Software, such as Firefox, Safari, and Internet Explorer, used to navigate and search the Internet. Most browsers have several security and privacy settings built into them.
Buddies: People you have identified as “friends” which you interact with online through various services such as instant messaging.
Buddy search: A process which, when two (or more) Internet users search the Web together, both users see the search results at the same time.
Chat room: An online site usually based on a topic or theme used for socializing with others.
Content: A collection of information which may have value to other people. This may include text(books), video (movies), and voice (audio recordings).
Content filter: A program that allows you to block certain types of content from being displayed on your computer screen. Some of the things you can screen for include offensive language, nudity and violence. In addition, many Internet browsers have parental controls to help protect your children or grandchildren from stumbling onto inappropriate sites. You can often choose separate levels of security for yourself and each child based on ages and maturity levels.
Cookie: A small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Cookies can also be used by criminals to obtain and track personal information.
Cybercriminals: People who commit criminal activity that targets computers – or people who utilize computers and information on the Web to find real-world victims.
Cybersex: When people have virtual sexual encounters through text, images, voice, and/or video.
Discussion board: Also called Internet forums, message boards, and bulletin boards. A feature of some websites which allows users to post comments on a particular topic and respond to each other.
Download: The transfer of material from a server or remote computer to your computer, mobile device, or game console.
Email: A message which is initiated in an email program, such as Outlook, and is sent to another e-mail user electronically via the Internet.
Email signature: A block of text added to the end of email messages, usually automatically. A signature might contain your full name, your job title, address, location, or phone number.
Emoticons: Small graphic symbols (such as smiley faces) used to indicate an emotional state, opinion, or response. Emoticons are useful when body language is not observable to provide clues as to feelings.
ets account: You may access some of our services by signing up for an Account and providing us with some personal information (typically your user name, email address and a password). This account information will be used to authenticate you when you access ets services and protect your account from unauthorized access by others.
File sharing: The ability to store files in a central place that one or more people can share. Files can be stored on the Internet or on any computer that provides access to other computers. File sharing allows those who have permission to access shared files to modify or download them.
Firewall: A security system, usually made up of hardware and software, that is used to block hackers, viruses, and other threats to your computer. It is delivered through a network such as the Internet. Installing or activating a firewall feature on your computer is one of the most important actions you can take to help protect your computer and information.
Grooming: The systematic way in which sexual or financial predators manipulate their victims into trusting and depending on them. Predators groom with the goal of meeting a contact in person. Grooming usually involves invoking sympathy, using subtle techniques to alienate the victim from others, and flattery. Grooming might also involve money or gifts. The goal is to exploit you.
GSM (Global System for Mobile Communications): A digital cellular telephone technology. This system is used mainly in Europe, Australia, and the Middle East, and is now becoming popular in the United States.
Handle: A nickname, as in CB Radio days of the 1970s, that today an Internet user chooses to display a “handle” to others online rather then a genuine name.
Identity theft (ID theft): Stealing someone’s identity in order to impersonate him/her, usually for financial gain.
Instant messaging (IM): A real-time, text-based communication used on desktop computers, cell phones, and other devices to send short messages between individuals.
Internet: The large world-wide network of computer servers that host and enable the transmission of information via computer connections.
IP address: Every computer connected to the Internet is assigned a unique number known as an Internet Protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country from which a computer is connecting to the Internet. Any data generated from a specific IP address can be associated with, and linked back to, that IP address.
Keystroke logging: A legitimate way for software developers to understand what is happening as they write code. This technique is also used to track a user’s activities online to either monitor or spy on what users type and which sites they visit. This type of program can also be downloaded onto your computer without your knowledge by a cybercriminal, who then can gain information about your online activities and even steal your account numbers and passwords.
Location application: A program that enables you to locate anybody logged onto the Internet physically using a variety of devices.
Malicious: An adjective used to describe an impure motivation or the harmful nature of a software product.
Malware: Malicious software. This includes any type of harmful code (Trojans, worms, spyware, adware, and so on) that infiltrates a computer without the user’s consent. Malware is designed to damage a computer, collect information, allow the computer to be taken over and used remotely to send spam, or expose you to content without your approval.
Multimedia Messaging Services (MMS): A method for sending messages that may include audio, video, or images from mobile devices.
Mobile computing: Use of a portable device that provides computer functions and can usually connect to the Internet when such access is available.
Parental controls: Products or services that offer options to parents and other caregivers to help restrict their child’s or grandchild’s experiences with media or to filter media content. These restrictions are currently applied to television services, computer and video games, and Internet access.
Peer-to-peer: A method of sharing files directly over the Internet from one Internet-enabled device to another. This is often done with music and video files, for example, which might violate copyright laws if the people involved make copies of the material without permission.
Persona: The person an Internet user chooses to appear to be, rather than using a true identity. For example, a 45-year old man might assume the persona of a teenage boy to meet other teenage boys on a social networking site.
Personal digital assistant (PDA): A small handheld computing device typically used to track appointments, contacts, and emails.
Personal information: Information that you provide which personally identifies you, such as your name, email address, billing information, or other data which can be reasonably linked to such information by another party.
Phishing: The practice of scamming a person into divulging confidential information that he/she normally would not provide to a stranger. The lure is typically via email that brings the user to a scam website. The purpose of phishing is to gather information needed to steal a victim’s money or identity.
Posting: Uploading information to the Web.
Predator: Anyone who preys on others.
Remote access: The ability to access a computer from another location. Remote access is often used in technical support as a way to fix problems, as it provides full access to the information stored on the computer through a data link.
Scam: To cheat, trick, or exploit others. Online scams may take the form of deceptive emails or other communications via instant messaging, blog comments, and so on, designed to steal your money or identity.
Search engine: An Internet service that allows you to search for information and documents on the Web.
Server logs: Most Web sites servers automatically record the page requests made when users visit the sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
Here is an example of a typical log entry where the search is for “pediatricians”, followed by a breakdown of its parts:
- 220.127.116.11 - 25/Jul/2009 10:15:32 -
- http://www.wccb.com/search?q=pediatricians -
- Firefox 1.0.7; Windows NT 5.1 - 740674ce2123e96918.104.22.168 is the Internet Protocol address assigned to the user by the user’s ISP; depending on the user’s service, a different address may be assigned to the user by their service provider each time they connect to the Internet;
- 25/Jul/2009 10:15:32 is the date and time of the query;
- http://www.wccb.com/search?q=pediatrians is the requested URL, including the search query;
- Firefox 1.0.7; Windows NT 5.1 is the browser and operating system being used; and
- 740674ce2123a969 is the unique cookie ID assigned to this particular computer the first time it visited ets. (Cookies can be deleted by users. If the user has deleted the cookie from the computer since the last time he/she visited ets, then it will be the unique cookie ID assigned to the user the next time he/she visits ets from that particular computer).
Sensitive information: “Sensitive personal information” includes information known to be related to confidential medical information, racial or ethnic origins, religious beliefs or sexuality and tied to personal information.
Smart phone: A handheld device that incorporates features of a mobile phone, with PDA functions such as a calendar or contact database. Smart phones allow you to install additional features.
SMS (Short Message Service): A form of text messaging used on mobile phones, sometimes used between computers and mobile phones.
Social networking: A category of Internet applications used to help connect friends, business associates, or others using a variety of communication tools.
Spam: Unsolicited email messages that attempt to sell you something. Also known as junk email.
Spyware: software that collects information about you without your knowledge or consent and sends it back to whoever wrote the spyware program. Spyware might look for your bank account numbers, personal information, and so on. Spyware is illegal and pervasive.
Subscriber Identity Module (SIM card): A small card used in most mobile phones that holds your identity, authentication, address book, and so on. SIM cards should be removed if you are disconnecting a mobile phone.
Surfing: Similar to channel surfing on television, Internet surfing involves users browsing around various websites, following whatever interests them.
Text messaging: A method of sending short messages between mobile phones, other computing devices, and even some landline phones.
Tweet: A text-based post of up to 140 characters displayed on an author’s profile page and delivered to the author’s friends, subscribers, or followers.
Twitter: A free social networking service that enables users to send and read messages called “tweets”.
URL (Uniform Resource Locator): A unique Internet address of a file or destination. To find a particular site or document online, type the URL into the address field of a browser and press Enter.
URLs and embedded information: Some of our services, including ets Toolbar and ets Web Accelerator, send the Uniform Resource Locators (“URLs”) of web pages that you request to ets. When you use these services, ets will receive and store the URL sent by the web sites you visit, including any personal information inserted into those URLs by the web site operator. Some ets services (such as ets’ Toolbar) enable you to opt-in or opt-out of sending URLs to ets, while for others (such as ets’ Web Accelerator) the sending of URLs to ets is intrinsic to the service. When you sign up for any such service, you will be informed clearly that the service sends URLs to ets, and whether and how you can opt-in or opt-out.
For example, when you submit information to a web page (such as a user login ID or registration information), the operator of that web site may “embed” that information – including personal information – into its URL (typically, after a question mark (“?”) in the URL). When the URL is transmitted to ets, our servers automatically store the URL, including any personal information that has been embedded after the question mark. ets does not exercise any control over these web sites or whether they embed personal information into URLs.
Upload: To post content on the Internet.
Username: The name a person chooses to be identified by, for example on a computer within a network, or in an online gaming forum. Usually part of a security protocol.
Videocams: Also called web cams, these video cameras are attached to or built into computers. Web cams are used to send a video image to others while communicating online. Web cams are frequently used in business meetings to reduce travel costs and time.
Virus: A self-replicating software program that spreads by sending copies of itself to other devices hidden in code or attached to documents. Viruses are often deliberately destructive to any device that becomes infected, often destroying data or disabling the computer’s operating system.
Voice over Internet Protocol (VoIP): Use of an Internet protocol to transmit voice communications anywhere in the world. VoIP allows you to hold voice conversations over the Internet. Because of its low cost, it has gained great popularity in a few short years.
Web browser: See browser.
Website: A collection of documents called Web pages.
Web hosting: A service that provides individuals, organizations, and businesses with online storage space to store and share information, images, blogs, video, or any other content accessible through the Internet.
Wiki: A collaborative tool which allows users to contribute information and ideas on a website.
World Wide Web (Web): The system of documents stored online, which you can locate using a Web browser such as Firefox, Safari, or Internet Explorer.
Terms Of Service
Welcome to ets!
1. Your relationship with ets
1.1 Your use of ets’ products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by ets under a separate written agreement) is subject to the terms of a legal agreement between you and ets. “ets” means Electronic Training Solutions, Inc., whose principal place of business is at 501 Delannoy Avenue, Cocoa, FL 32922, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with ets, your agreement with ets will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with ets will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and ets in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by ets in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that ets will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ets, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where ets has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with ets.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by ets
4.1 ets has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of ets itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 ets is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ets provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that ets may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ets’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ets when you stop using the Services.
4.4 You acknowledge and agree that if ets disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while ets may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ets at any time, at ets’ discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself or company (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ets will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ets, unless you have been specifically allowed to do so in a separate agreement with ets or an authorized licensee. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with ets, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that ets has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ets may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to ets for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify ets immediately.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with ets’ Privacy Policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ets (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ets or by the owners of that Content, in a separate agreement.
8.3 ets reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, ets may provide tools to filter out explicit offensive content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that ets has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ets may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that ets (or ets’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ets and that you shall not disclose such information without ets’ prior written consent.
9.2 Unless you have agreed otherwise in writing with ets, nothing in the Terms gives you a right to use any of ets’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with ets, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and ets’ brand feature use guidelines as updated from time to time. These guidelines can be viewed online at www.etsfl.com (or such other URL as ets may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, ets acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ets, you agree that you are responsible for protecting and enforcing those rights and that ets has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by ets, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from ets
10.1 ets gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ets as part of the Services as provided to you by ets (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ets, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ets, in writing.
10.3 Unless ets has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give ets a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling ets to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for ets to make such Content available to other companies, organizations or individuals with whom ets has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that ets, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit ets to take these actions.
11.4 You confirm and warrant to ets that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from ets. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ets to deliver these to you) as part of your use of the Services.
13. Ending your relationship with ets
13.1 The Terms will continue to apply until terminated by either you or ets as set out below.
13.2 If you want to terminate your legal agreement with ets, you may do so by (a) notifying ets at any time and (b) closing your accounts for all of the Services which you use, where ets has made this option available to you. Your notice should be sent, in writing, to ets’ address which is set out at the beginning of these Terms.
13.3 ets may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) ets is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom ets offered the Services to you has terminated its relationship with ets or ceased to offer the Services to you; or
(D) ets is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by ets is, in ets’ opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect ets’ rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ets have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ETS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, ETS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 ETS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ETS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ETS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE ETS WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON ETS’ LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT ETS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is ets’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of ets’ policy can be found at www.etsfl.com.
16.2 ets operates a trade mark complaints procedure in respect of ets’ advertising business, details of which can be found at www.etsfl.com.
17.1 Some of the Services are supported by sponsorship and advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by ets on the Services are subject to change without specific notice to you.
17.3 In consideration for ets granting you access to and use of the Services, you agree that ets may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. ets may have no control over any web sites or resources which are provided by companies or persons other than ets.
18.2 You acknowledge and agree that ets is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that ets is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 ets may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ets will make a new copy of the Universal Terms available at INSERT LINK HERE and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ets will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and ets and govern your use of the Services (but excluding any services which ets may provide to you under a separate written agreement), and completely replace any prior agreements between you and ets in relation to the Services.
20.3 You agree that ets may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if ets does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ets has the benefit of under any applicable law), this will not be taken to be a formal waiver of ets’ rights and that those rights or remedies will still be available to ets.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which ets is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with ets under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and ets agree to submit to the exclusive jurisdiction of the courts located within the county of Brevard, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ets shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
July 1, 2011