These terms of service, set forth by The Net Safety Collaborative, doing business as iCanHelpline (“Provider”), pertain to all services provided to Subscriber hereunder, as follows:
- Subscriber. A subscriber is a school, group of schools or district which subscribes to Provider’s services, for use by its personnel or constituent schools.
- Agreement Overview. The terms of service outline the scope of the service that Provider, which operates and manages a social media helpline (the “helpline”) for schools, will provide during the subscription period. These terms of service describe the services provided by Provider, and provide reference to service accountability, roles and/or responsibilities, and a description of Provider’s services, including expectations for service support and delivery.
- Term. Provider will provide service to each subscriber for a specific subscription term corresponding to each subscriber’s account. Each account will remain active, and governed by these terms, until superseded by a revised statement of terms, the end of the subscription period, or until the payment of the subscription fee lapses. Either party may terminate the service by providing written notice to the other party.
- Service Agreement. The parties agree to provide the following detailed services:
A. Provider. Provider agrees to provide certain services, including verbal support via return call, whether initiated via email (help@iCanHelpline.org) or through the helpline’s toll-free number. Support constitutes any or all of the following:
(1) Provider will help subscriber, or its agent or employee, understand the application, service, or platform involved.
(2) If necessary, Provider will help the caller obtain the evidence required to determine appropriate action.
(3) Provider will conduct an analysis of the evidence of offensive or bullying behavior to determine if, from the helpline’s perspective, it violates the application, service, or platform’s Terms of Service.
(4) Where necessary, Provider will help the caller report the abusive content in question.
(5) If Provider finds evidence of a violation and the reported abuse fails to attain deletion, Provider will escalate evidence to the application, service or platform involved, requesting deletion.
(6) Provider will endeavor to attain deletion of all social media content that appears to violate the Terms of Service of the application, service or platform where the abusive content appears.
(7) This is a best efforts relationship and Provider does not guarantee that offending content will be removed from a platform or that harm to a student caused by the contents being reported by the subscriber will cease.
B. Subscribers. The Subscriber accepts the following responsibilities and/or requirements:
(1) Subscriber will identify the abusive comment, post, photo, video, etc., in the application, service, or platform.
(2) Subscriber will provide the helpline with the evidence of the problem including offensive or bullying behavior by providing a link/URL or screenshot.
(3) Subscriber shall make payment for the subscription, at the annual rate for each school or district. In the event of termination of service, payment shall not be prorated or returned.
(4) If subscriber, or other school personnel, face an incident threatening immediate or distinct physical harm, it must always call 911 first before contacting the helpline about social media content related to the situation.
(5) Subscriber must answer all questions from Provider’s agent related to the incident, e.g., caller’s name, role, school name, nature of the incident/content, etc.
(6) Subscriber is asked to report abusive content through the channel(s) provided by social medial platforms.
- Service Legal Requirements. Provider complies with all state and federal student privacy laws to ensure protection of student data (agents request only screen name, not student’s actual name, and only in order to obtain and analyze content/evidence to determine if it violates the Terms of Service of the application, service or platform involved). Provider will collect data necessary to determine whether the caller is employed by a subscribing school or district and that the case is actionable. No data concerning a student is collected except publicly available social media content and only if the content is believed by the subscriber to be causing harm to a student. Any request by a student’s parent for information collected will be supplied to the parent upon request, but schools retain responsibility for the student information they share with the helpline.
- Illegal Content. If an incident involves nude or sexual images of minors, subscribers are instructed not to transmit such images to any party besides law enforcement, including the helpline, and always, as mandatory reporters, to contact law enforcement first (the helpline can help the school find the best law enforcement agency in its state for handling such content). If a school shares, with the helpline, a link/URL to a social media account containing illegal content, the helpline, as an “Online Service Provider” registered with the National Center for Missing and Exploited Children (“NCMEC”), is required to report such content both to NCMEC and to the application, service or platform where the content appears, and can work in support of the school in such cases.
- Service Management. Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
A. Service Availability. Coverage parameters specific to the service(s) covered in this Agreement are as follows:
(1) Telephone support will be available between 9:00 a.m. to 4:00 p.m., Pacific Time, on school days throughout the school year.
(2) Responses to emails to the helpline will occur on school days throughout the school year.
(3) Calls/emails received outside school hours will be answered the following business day.
(4) Not all cases will result in content deletion, but all cases will receive a response within 24 hours whenever possible and as much help as possible.
B. Service Requests. In support of services outlined in these terms, the Provider will respond to service related incidents and/or requests submitted by the subscriber within the following time frames:
(1) The helpline will strive to respond to all calls on the day they are received.
(2) The helpline will place higher priority on cases with higher degrees of potential harm to students.
- Use; Disclosure. Provider shall use the confidential information solely in the performance of the Agreement. Provider shall not use the confidential information for any other purpose, and will not use it in connection with the development or commercialization of any process or product, or in connection with any submission to any governmental agency, including any patent office or regulatory authority, without the express written permission of Subscriber. Nothing in this Agreement is intended to grant or transfer any right, to Provider, under any patent, copyright or other intellectual property right of subscriber, nor shall these terms grant or transfer to Provider any right in or to the confidential information, except as expressly set forth herein.
- Governing Law; Jurisdiction. This Agreement is made under and shall be construed according to the laws of the State of Washington, without regard to any conflict of law principles that would provide for the application of the law of another jurisdiction. The parties shall first attempt to settle any and all disputes arising out of or in connection with or relating to the execution, interpretation, performance, or nonperformance of this Agreement or any other certificate, agreement, or other instrument between, involving, or affecting the parties (including the validity, scope, and enforceability of this agreement) (each, a “dispute”) through good faith negotiation before resorting to litigation.
- Indemnification; Limitation. Provider hereby agrees to defend, indemnify and hold Subscriber harmless from and against all third party claims (whether asserted by a person, firm, entity or governmental unit or otherwise), liabilities, losses, damages, expenses, charges and fees (including reasonable attorney’s fees) which subscriber may sustain or incur arising out of or attributable to any breach of these terms or other applicable law by Provider, or any negligence or willful misconduct by Provider or any of Provider’s employees or sub-contractors, as applicable, in the performance of its responsibilities. Subscriber hereby agrees to defend, indemnify and hold Provider harmless from and against all third party claims (whether asserted by a person, firm, entity or governmental unit or otherwise), liabilities, losses, damages, expenses, charges and fees (including reasonable attorney’s fees) which Provider may sustain or incur by reason of any claim which may be asserted against Provider or its employees by any person, firm, corporation or governmental unit and which may arise out of or be attributable to any breach of these terms or other applicable law by subscriber, or any negligence or willful misconduct by subscriber or its employees or contractors, as applicable, in the performance of its responsibilities.
- Notices. All notices or reports permitted or required under this Agreement will be in writing and sent to Net Safety Collaborative, d/b/a iCanHelpline, at 8929 SW 184th Street, Vashon, Washington 98070.
- Successors and Assigns; Parties in Interest. These terms shall be binding upon and shall inure to the benefit of Provider and subscriber and their respective permitted successors and assigns. No other rights shall be created hereunder, as a third-party beneficiary or otherwise.
- Entire Agreement; Amendment. These terms constitute the final and exclusive agreement of the Parties with respect to the subject matter hereof.