Terms of Use for www.neaseno.org and all related services...

3. YOUR OBLIGATIONS (as user and as student)

As a user of this website, you are obligated to adhere to all legal and ethical rules regarding Intellectual Property Rights, Privacy Rights of other Students, and Anti-Fraud Legislation.

Specifically, if you are a participant in the Online Classes, you are not permitted to copy, reproduce, or resell any lessons prepared by Donald A. Perrot or his designated teachers.

Specifically, if you are a user of the Potawatomi Language materials posted on this website or at A Potawatomi Word a Day, you are not permitted to copy, reproduce, or resell anything posted without express written permission of Donald A. Perrot or his designated representative.

If you are under the age of 18, you must obtain parent or guardian consent to use this website or participate in online classes.

4. PRIVACY POLICY

The NICS Privacy Policy can be accessed here: Privacy Policy

5. SECURITY

NICS does not engage in phishing, spamming, or other unethical practices.

The NICS website is hosted by Yahoo! Webhosting. You may contact them for specific server security questions.

The Online Classes are facilitated through Instantpresenter.com. You may contact them for specific server security questions.

6. CLASSROOM CONDUCT

All Participants in Online Classes are expected to adhere by the following Code of Conduct:

Classroom use. The online classroom is provided by Instantpresenter.com for a fee.

For the Monday and Wednesday classes, this fee is paid by the Citizen Potawatomi Nation. The classroom contains 25 “seats,” each representing one computer connection. One of these “seats” must be occupied by Donald Perrot or his designated teacher. Of the 24 seats remaining, CPN Members have priority seating, followed by members of other Potawatomi Bands, their descendants, members of other tribes, and non-Indians. If at any time the classroom fills to overflow, non-Indians will be asked to step aside to accommodate tribal members. We encourage participants to share computers wherever possible to conserve seats.
For the Tuesday and Thursday classes, this fee is paid by Donald Perrot (NICS), and donations from class members. This classroom is a shared cost of $60/month, and we encourage class members to donate $60 from time to time when they are able to cover the cost of the class. This way no one person is paying the entire cost. This classroom contains 15 “seats,” each representing a computer connection, and Donald Perrot occupies one of these seats as the teacher of the class. Of the 14 seats remaining, priority seating goes to members of Potawatomi Nations, then their descendants, members of other tribes, and non-Indians. If at any time the classroom fills to overflow, non-Indians will be asked to step aside to accommodate Potawatomi members. We encourage participants to share computers wherever possible to conserve seats.

Mutual Confidentiality Policy.

NICS promises not to hand over your email address or other personal contact information without your permission to anyone except under legal process when compelled to by law.

For the Monday and Wednesday classes, because they are funded by CPN, all names, tribal affiliations, and email addresses are made available to CPN per funding requirements. These addresses fall under the privacy policies of CPN.
Upon Log-in, your email address is collected by Instantpresenter.com. The primary purpose of this collection is to let us know who is logging into the class. If you wish to learn more about Instantpresenter.com and their privacy policy, go to http://www.instantpresenter.com

Students promise not to hand over any classroom materials to any non-student without express permission of Donald Perrot and NICS. This includes but is not limited to:

Audio Recordings
Powerpoint Slides
Handouts
Passwords for Classrooms or for materials posted online
Vocabulary lists
Drawings, Charts, or Tables used in the course of teaching.

Intellectual Property Rights. Unless otherwise specified, all classroom material is Copyrighted by Donald A. Perrot. The Potawatomi language belongs to the Potawatomi people, but Mr. Perrot’s thoughts belong to Mr. Perrot. His sharing them with you does not give you the right to share them with anyone else, especially if you try to credit them to yourself.
The classroom has a text chat feature. This feature is designed for students to practice Potawatomi phrases, ask questions, or report technical difficulties. It is NOT to be used for soapboxing, evangelizing, or political speeches, nor is it to be used for spam. There is a time and a place for those things, and classtime is not it. Mr. Perrot teaches on Potawatomi Language and Culture, including Potawatomi Spiritual beliefs. If you do not wish to learn about these topics, then do not waste your time or a seat by logging in.
Students shall not engage in the following behavior:
1. Sending text messages during class that are intended to disrupt the class in any way
2. Sending email messages outside of class to other students or teachers that are intended to disrupt the class in any way, or badger, harrass, flame, or otherwise compromise student or teacher integrity.
3. Flaming, bashing, or otherwise being disrespectful to the teacher or other students
4. Attempting to crash the website or take up extra seats
5. Students shall not give the password to the class to non-registered persons
6. Students are reminded that sometimes children listen in on these classes and shall keep all discussions, questions, and comments to a G rating.

7. INTERTRIBAL NATURE OF NICS

NICS is personally maintained by Donald A. Perrot, an enrolled member of the Prairie Band Potawatomi Nation. This website is not owned by or affiliated with any tribal entity. The Online Classes are funded in part by Citizen Potawatomi Nation.

This website is open to use to any member of any of the Potawatomi Nations, or to any other person with a serious interest in learning the Potawatomi language.

Online Classes have limited seating, and a class roster is maintained. Priority seating is given to members of the Potawatomi Nations. In the event that a class fills, any non-Potawatomi person in the class will be asked to stand aside for any Potawatomi person entering in. This is necessary for the Potawatomi Nation's survival as a cultural entity.

8. COPYRIGHTS AND LICENSING, PROPRIETARY RIGHTS

Unless otherwise specified, all works on this website are the Intellectual Property of Donald A. Perrot, Prairie Band Potawatomi, Fluent Potawatomi Speaker. Unless otherwise specified, all classroom material is Copyrighted by Donald A. Perrot. The Potawatomi language belongs to the Potawatomi people, but Mr. Perrot’s thoughts belong to Mr. Perrot. His sharing them with you does not give you the right to share them with anyone else, especially if you try to credit them to yourself.

This website is protected by a Creative Commons 3.0 License: You may use these materials so long as you Attribute (tell where you got it and who wrote it), do not use for any commercial purpose (in other words, you don't sell it), and do not create any derivative works from the material (you don't rework/rewrite the material and then sell it).

Yes, you can use it in your term paper, so long as you follow acceptable Citation rules.

9. NO REPRODUCTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

No, you may not download this entire website, print it out, make copies, bind them, and sell them at powwows. No, No, No.

No, you may not download any lessons or online class materials, or sound files, put them on CDs, and sell them. No, No, No.

No, you may not collect words off this website, put them in a book, copyright them as work that you did, and sell them. No, No, No.

No, you may not collect materials off this website, change the spelling or orthography style, and then repost them to another website or use them in other works, pretending it is your original work. No, No, No.

That's called plaigerism, and it's Illegal. See #8 Above.

We make this Service available for people who want to learn to speak Potawatomi, not so others can come along and exploit it. Please don't spoil it for everyone else. The Potawatomi language belongs to the Potawatomi people, but Mr. Perrot’s thoughts belong to Mr. Perrot. His sharing them with you does not give you the right to share them with anyone else, especially if you try to credit them to yourself.

10. INDEMNITY

You agree to indemnify and hold NICS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

11. MODIFICATION OF SERVICE

NICS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NICS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION OF SERVICES

NICS reserves the right to terminate your access to Online Classes and any other registered sections of this website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.

13. EXTERNAL LINKS

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

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NICS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

15. LIMITATION OF LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

17. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

18. NOTICES

NICS may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, telephone call, postings on the Service, or other reasonable means now known or hereinafter developed.

19. TRADEMARK INFORMATION

NICS, www.neaseno.org, A Potawatomi Word A Day, Bgéji Éyajmoyan Ngom, and all logos used on the website are trademarks of NICS. Without NICS's prior permission, you agree not to display or use in any manner any trademark of NICS.

20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

NICS respects the intellectual property of others, and we ask our users to do the same. NICS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NICS's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

NICS's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail: NICS, Inc. 214 Edd Drive, Tecumseh, OK 74873

The Neshnabé Institute for Cultural Studies, Inc.

Website and Online Classes - Terms of Use