Terms of Use

Terms of Use

OSC Terms of Use

Last updated: February 2, 2018


THESE TERMS OF USE FORM A BINDING LEGAL CONTRACT BETWEEN YOU (“USER”) AND ARIZONA STATE UNIVERSITY (“ASU”). BY USING ASU’S OPEN SCALE COURSEWARE (“OSC”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS”) AS WELL AS ALL ASSOCIATED POLICIES AND LAWS. ASU MAY AMEND THESE TERMS PERIODICALLY.

BACKGROUND/DESCRIPTION OF PLATFORM (PURPOSE/MISSION)

The OSC platform or website is powered by Open edX and offers users access to first-year online university courses developed by Arizona State University and taught by Arizona State University faculty and instructional teams. Courses may be taken either for auditing purposes or in pursuit of transferable university credit. Auditing allows users to explore courses without any option to earn credit or obtain any verified record of participation. In order to gain and maintain eligibility to opt for ASU credit, users must adhere to all associated rules and guidelines governing course participation, academic integrity, academic performance, fees/payments, and credit conversion.

ABOUT ASU

ASU is a comprehensive public research university, measured not by whom it excludes, but by whom it includes and how they succeed; advancing research and discovery of public value; and assuming fundamental responsibility for the economic, social, cultural and overall health of the communities it serves. These Terms reflect the goal of ASU to foster academic freedom while respecting the principles of freedom of speech and the privacy rights of Users.

DESCRIPTION OF USERS

You are responsible for your use of OSC and responsible for compliance with these Terms and all applicable policies and laws.


All uses and users of OSC must comply with ASU’s Computing and Communication Resources Terms of Use, as well as ASU’s Privacy Statement, and ASU’s Computer, Internet, and Electronic Communications Information Management Policy. Persons who violate OSC Terms will be notified of the infraction and may be subject to removal from the platform.

REQUIRED USER INFORMATION

Through these Terms, you agree to provide complete and accurate information to confirm your identity. Provided information will assist in establishing required OSC user accounts. User details may also be used in the development and provision of OSC user services by ASU and our Contractors. The ASU Privacy Statement provides information about our online information gathering and dissemination practices. Any falsification of information or unwillingness to provide requested and required identification details may result in ineligibility to participate in OSC courses or enter a credit-eligible track.

CHANGES TO THESE TERMS

We may change these Terms, the Privacy Policy or the Code of Conduct at any time without advance notice to you. Any changes will be effective immediately when we post them on the OSC. If you continue to access and use the OSC after we make any changes to the Terms, Privacy Policy or Code of Conduct, this means you agree to all of the changes. Be sure to return to this page often to make sure you are familiar with and understand the most current version of the Terms, Privacy Policy and Code of Conduct.

COURSE INFORMATION

Course and Schedule Modification Rights

ASU reserves the right to modify online course elements, course runs, and the course catalogue as ASU and our Contractors deem appropriate. Course schedules and syllabi are to be used as guides only. Information contained in the syllabus, such as assignments, grading scales, deadlines, and other materials are subject to change. It is the user’s responsibility to read course announcements regularly to be aware of any changes or course updates.

Identity Authentication and Credit-Eligible Track

Users wishing to take an OSC course for ASU credit, or enter the credit-eligible track for a respective OSC course, are required to authenticate their identity by deadlines posted within the respective course. A valid photo must be submitted, along with a second approved form of photo identification. Your photo ID must match the name associated with your assigned ASU account. Provided items are collected and reviewed by ASU in accordance with these Terms and the ASU Privacy Policy. Identity authentication, or ID verification, for OSC is valid for 12 months. It is the user’s responsibility to review the photo submission policies, associated fee schedules, and protocols listed at the start of the identity authentication process.

Proctoring

ID verified users must take any required course exams in a proctored environment in order to remain on the credit-eligible track. Details about the proctored exam process and technical requirements for proctoring are included within each course. Users are expected to become familiarized with the process and ensure compliance with additional and specified computer requirements and skills to access the remote proctor service. A practice proctored exam is available in each course to ensure available hardware meets technical requirements. The practice proctored exam has no impact on your grade in the course but guides you through steps to set up online proctoring software and to perform various tests. OSC proctoring reviews are completed by an ASU contractor for each proctored exam. Exams that fail the proctoring review will result in an assignment grade of 0 and user ineligibility to opt for ASU credit. ASU and its Contractors will maintain User data security as required by applicable data privacy laws.

Academic Integrity

Integrity is a character-driven commitment to honesty, doing what is right, and guiding others to do what is right. Academic integrity is expected of all OSC users in all OSC coursework and exams. The possible sanctions for violations of academic integrity include, but are not limited to, appropriate grade penalties, course failure, loss of registration privileges, removal from courses and the platform, ineligibility to participate in future OSC activities, ineligibility to opt for ASU credit for respective OSC courses taken on the platform, and ineligibility for regular admission to ASU.


Violations of academic integrity fall into five broad areas that include but are not limited to the following:


  • Cheating on an academic evaluation or assignment

  • Plagiarizing

  • Academic deceit, such as fabricating data or information

  • Aiding academic integrity policy violations and inappropriately collaborating, including posting answers to OSC quiz or examinations in OSC course forums

  • Falsifying academic records

Code of Conduct

Under Arizona law, the Arizona Board of Regents(ABOR) is responsible for the control and supervision of the state universities and their properties and activities. The Board is authorized to enact ordinances for the governance of the universities and the maintenance of public order upon all property under its jurisdiction. The following ABOR Code of Conduct policies shall apply to all users of OSC:


5-301 Code of Conduct – Jurisdiction, Philosophy, Purpose and Limitations upon Code of Conduct Coverage, and Violations of Law and Code of Conduct Regulations

5-302 Code of Conduct - Definitions

5-303 Code of Conduct - Prohibited Conduct

5-304 Code of Conduct - Sanctions

Academic Credit Conversion

Users wishing to take an OSC course for ASU credit are required to verify their identity by posted deadlines, opt in to proctoring for quizzes or exams that offer it, pass the proctoring review for each and all required proctored exams for a respective course, and, ultimately, pass the course with an overall grade/score of “C” (70%) or better. Provided all course requirements, including successful proctoring review, are met, OSC users become credit eligible and may purchase credit from ASU for up to one year after becoming credit eligible for a respective course.

Course Payment (Fees and Refund Policies)

Any fees due directly from Users on a credit eligible track will be processed on a secured website hosted by an ASU third party vendor. Receipt of payment will be acknowledged through an OSC confirmation page and also via a confirmation email. The email will contain your name, order number and payment amount and should be retained for your records.

Course Withdrawal and Refund Policy

Users may withdraw from an OSC course at any time and may switch from the credit-eligible track to the audit track prior to the start of the first graded, proctored exam. To switch from a credit-eligible track to an audit track, Users must contact earnedadmission@asu.edu.


Users on the credit-eligible track who withdraw from a course or who switch from a credit-eligible track to an audit track, and who are in compliance with these Terms and any applicable ASU policies may request a refund up to fourteen (14) calendar days after OSC course enrollment and before any proctored exams are administered. Individuals who do not withdraw from a course or switch to an audit track prior to a required proctored exam period are not eligible to request a refund for respective course participation fees. Refunds will not be issued for the purchase of ASU credit.


Different course withdrawal and refund policies may apply to users who are part of a separate sponsored or corporate benefit program. Please check your particular program terms for details.


For refund consideration, users should submit an email request to: earnedadmission@asu.edu. The email should include the user’s name, ASURITE (assigned ASU account name), and order number from the respective payment confirmation receipt. Refund requests will receive a reply and decision via email. Any granted refunds will be credited to the credit card used to pay the respective fees.

User Content

You retain all intellectual property rights in, and are responsible for, the User Content you share.

Unless we give you our written permission, you may not copy, modify, distribute, mirror, republish or transmit any of the Content or materials on the OSC. You agree not to “scrape, ” or download in bulk, any OSC content, including any lists or directories of OSC users, online learning materials or articles, user postings or user information. However, you may, make one copy of documents posted on the OSC which are of interest to you for your own personal, non-commercial, educational use as long as it does not contain personal information of other OSC users, including photographs and videos.


Some content on OSC may have copyright restrictions and thus may only be copied and used by users in accordance with specified rules that must be followed by the user. We will post these rules for you when they apply. By using this copyright protected content in accordance with the specified rules, you agree to accept and follow all rules and conditions that apply to it.


You agree to keep all copyright and other notices on all copies of any content you obtain from OSC. All rights in OSC and its content, if not expressly granted to you, are reserved to ASU.


User Content Representations and Warranties. By submitting or distributing your User Content, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish User Content within OSC and to authorize ASU and its users to reproduce, modify, publish and otherwise use and distribute your User Content in a manner consistent with OSC and these Terms, and (2) that neither your submission of your User Content nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not ASU, are solely responsible for your User Content and the consequences of posting or publishing them.


License Grant to ASU. By submitting or posting your User Content within OSC, you hereby grant to ASU a worldwide, non-exclusive, sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, display, perform, reproduce, modify, distribute, redistribute, relicense and otherwise use, make available and exploit your User Content, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).


License Grant to ASU Users. By submitting or distributing your User Content within OSC, you hereby grant to each user of OSC a non-exclusive license to access and use your User Content in connection with their use within OSC for their own personal purposes.

 

NOTICE OF COPYRIGHT INFRINGEMENT REQUIREMENTS

The Digital Millennium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include certain information. If you believe that your Content has been copied and posted within the OSC, please provide ASU with the following information:

  • a description of the copyrighted work or works that you claim have been infringed;

  • a description of the allegedly infringing material, including its location on the site;

  • your address, telephone number, and e-mail address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act for the copyright owner; and

  • an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


The Designated Agent to respond to reports alleging copyright infringements on the OSC platform and ASU web site locations or networks, in accordance with the Digital Millennium Copyright Act, is:


Tina Thorstenson

AVP & Chief Information Security Officer

Information Security Office

copyright.infringement@asu.edu

ASU reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion.

PROHIBITED USE AND ACCEPTABLE USE POLICIES

By using the OSC platform, you also agree to be bound by the terms of use applicable to users of ASU’s Computing and Communication Resources, as if fully restated herein, including but not limited to the following prohibited conduct:


  1. Unlawful communications, including threats of violence, obscenity, child pornography, and harassing communications, are prohibited.

  2. Use of ASU Computing and Communication Resources for private business or commercial activities, or for fund-raising or advertising on behalf of non-ASU organizations, is prohibited.

  3. The unauthorized reselling of ASU Computing and Communication Resources is prohibited.

  4. Unauthorized use of ASU’s trademarks or logos and other protected trademarks and logos is prohibited.

  5. Any alteration of addresses, uniform resource locator (URL), or other action that masks the asu.edu domain as a host site is prohibited unless authorized by ASU.

  6. Unauthorized anonymous and/or pseudonymous communications are prohibited. All Users must cooperate with appropriate ASU personnel or other authorized personnel when investigating the source of anonymous messages.

  7. Misrepresenting or forging the identity of the sender or the source of an electronic communication is prohibited.

  8. Unauthorized attempts to acquire and use passwords of others are prohibited.

  9. Unauthorized use and attempts to use the computer accounts of others are prohibited.

  10. Altering the content of a message originating from another person or computer with intent to deceive is prohibited.

  11. Unauthorized modification or deletion of another person’s files, account, or news group postings is prohibited.

  12. Use of ASU Computing and Communication Resources or data without authorization or beyond one’s level of authorization is prohibited.

  13. Interception or attempted interception of communications by parties not authorized or intended to receive them is prohibited.

  14. Making ASU computing resources available to individuals not affiliated with ASU without approval of an authorized ASU official at or above the level of dean/university librarian or director is prohibited.

  15. Compromising the privacy or security of electronic information is prohibited.

  16. Infringing upon the copyright, trademark, patent, or other intellectual property rights of others in computer programs or electronic information (including plagiarism and unauthorized use or reproduction) is prohibited. The unauthorized storing, copying, or use of audio files, images, graphics, computer software, data sets, bibliographic records, and other protected property is prohibited except as permitted by law.

  17. Interference with or disruption of the computer or network accounts, services, or equipment of others is prohibited.

  18. The propagation of computer “worms” and “viruses,” the sending of electronic chain mail, denial of service attacks , and inappropriate “broadcasting” of messages to large numbers of individuals or hosts are prohibited.

  19. Failure to comply with requests from appropriate ASU officials to discontinue activities that threaten the operation or integrity of computers, systems, or networks, or that otherwise violate these Terms of Use is prohibited.

  20. Revealing passwords or otherwise permitting the use by others (by intent or negligence) of personal accounts for computer and network access without authorization is prohibited.

  21. Altering or attempting to alter files or systems without authorization is prohibited.

  22. Scanning of networks, networked devices, or applications for security vulnerabilities without specific authorization by ASU is prohibited.

  23. Attempting to alter or connect any computing or networking components (including, but not limited to, bridges, routers, DHCP servers, wireless access points, and hubs) on ASU’s technology network without approval of ASU is prohibited.

  24. Installation or alteration of wiring, including attempts to create network connections, or any extension or retransmission of any computer or network services without the approval of ASU is prohibited.

  25. Conduct leading to disruption of electronic networks or information systems is prohibited.

  26. Conduct leading to the damage of ASU electronic information/data, or ASU Computing and Communication Resources is prohibited.

VIOLATIONS AND ENFORCEMENT (https://www.asu.edu/tou/)

Reporting Violations

Any actual or suspected violation of these Terms should be brought to the attention of the OSC Ombudsman via earnedadmission@asu.edu.


ASU Response to a Reported Violation


  • Upon receiving notice of a violation, ASU may temporarily suspend your privileges, move, or delete the allegedly offending material pending further proceedings.

  • A User accused of a violation will be notified of the charge and have an opportunity to respond before ASU imposes a permanent sanction. Appropriate cases will be referred to the ASU disciplinary authority appropriate to the violator’s status or to appropriate law enforcement authorities.

  • In addition to sanctions available under applicable law and ASU and ABOR policies, ASU may impose a temporary or permanent reduction or elimination of access privileges to ASU Computing and Communication Resources, and other services or facilities.

  • If ASU believes it necessary to preserve the integrity of Computing and Communication Resources or data, ASU may temporarily suspend any account, whether or not the account User is suspected of any violation. ASU will provide appropriate notice to the User. Servers and computers that threaten the security of ASU Computing and Communication Resources will be removed from the network and allowed to reconnect only with the approval of ASU.


Tina Thorstenson

AVP & Chief Information Security Officer

Information Security Office

copyright.infringement@asu.edu

ASU reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion.

INDEMNIFICATION BY USERS

You agree to indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities, and its and their board members, officials, agents and employees for, from, and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation, and litigation) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property to the extent caused, or alleged to be caused, by (i) your negligence, acts or omissions; (ii) your breach of the Terms of Use; (iii) your infringement or misappropriation of intellectual property or other proprietary rights, or (iv) your failure to comply with any applicable law. You will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable.

PRIVACY

ASU takes steps to ensure that confidential information collected online is secure. These steps include: ongoing User education; using tools in an effort to restrict unauthorized access, viruses, phishing, and hacking attempts; and monitoring activity to identify potential system threats. ASU routinely assesses and enhances tools and processes available to strengthen our online security.


OSC collects anonymous visitor data using Google Analytics which uses 1st party and 3rd party cookies to measure website and campaign effectiveness. Google Advertising features we use may include:


  • Remarketing with Google Analytics

  • Google Display Network Impression Reporting

  • DoubleClick Platform integrations

  • Google Analytics Demographics and Interest Reporting


To learn about Google's policy for securing Google Analytics user data please visit the following: Google Analytics knowledge article.

You may opt out of Google Analytics tracking anytime by installing this browser extension.

Please visit Arizona State University's privacy page for additional information.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE OSC AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE OSC PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.


NEITHER ASU NOR ITS CONTRACTORS WARRANT THAT THE OSC WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE OSC PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. NEITHER ASU NOR ITS CONTRACTORS MAKE ANY WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE OSC OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.


USE OF THE OSC, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE PLATFORM, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.


User Postings Disclaimer. You understand that when using the OSC Platform you will be exposed to User Content from a variety of sources and that neither ASU nor its Contractors are responsible for the accuracy, usefulness, reliability or intellectual property rights or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ASU or any of the ASU’s contractors with respect thereto. Neither ASU nor its Contractors endorse any User Content or any opinion, recommendation or advice expressed therein. Neither ASU nor its Contractors have any obligation to monitor any User Content or any other user communications through the OSC.


ASU reserves the right to review User Content and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason, or to allow ASU Contractors to do to. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Content allegedly does not conform to these Terms of Use, ASU may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.

CONTRACTORS

From time to time, ASU may contract with third-parties to host or provide other services related to the OSC platform, payment processing, integrity and courseware, and their related services, processing and functionality (collectively, “Contractors” or “ASU Contractors”).


Third-Party Links and Resources

The OSC Platform may contain links to third-party websites or resources. You acknowledge and agree that neither ASU nor its Contractors are responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ASU or its contractors of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you access a third-party website or service from the OCS Platform or share User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites.

TRADEMARKS

“ASU,” “Arizona State University” and the related names and logos are trademarks of Arizona State University. You may not use any of these trademarks, or any trademarks of ASU Contractors, without prior written permission.

GOVERNING LAW AND JURISDICTION

Under Arizona law, the Arizona Board of Regents (ABOR) is responsible for the control and supervision of the state universities and their properties and activities. The Board is authorized to enact ordinances for the governance of the universities and the maintenance of public order upon all property under its jurisdiction.


You agree that these Terms of Use and any claim or dispute arising out of or relating to these Terms or any content or service obtained from or through the OSC will be governed by the laws of the State of Arizona, United States of America, excluding any conflict of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to the jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date: February 2, 2018