Effective Date: January 30, 2015
Last Updated: May 1, 2019
Welcome to Penn Foster! We are glad you have decided to visit our online campus and look forward to your involvement with the Penn Foster community.
Our goal is to make the Penn Foster websites (including all related Penn Foster web pages and websites, the “Sites”) a vibrant, positive space for people who are involved with or interested in Penn Foster’s educational programs. The rules of conduct which govern your use of the Sites are intended to enhance the experience and protect the rights of all Site visitors and registered users (“Users”). Those terms and conditions, including the terms under which the Sites collect, use and maintain certain information from the Site visitors, are set forth below (the “Site Terms”). By viewing and using the Sites, you are agreeing to be legally bound by the Site Terms. Please read the Site Terms carefully.
1. Access and Eligibility. The Sites are hosted by Penn Foster, Inc. (“Penn Foster”) to support its community of students, prospective students, alumni, instructors, student and prospective student family members, current and prospective employers of Penn Foster students, educational partners, and other people interested in or contributing to Penn Foster’s services and products. Although some of the Sites are open for viewing by the public, only registered Site Users may participate in activities hosted by the Sites. You may register as a Site User by completing the applicable registration form provided that you are over the age of 18 (or the age of legal majority in your state, if greater), or between the ages of 14 and 18 (or the age of legal majority in your state, if greater) and your parent or legal guardian provides written authorization for your registration and participation in Site activities. In addition, access to the Student Portal portion of the Site is limited to Penn Foster students, alumni, educators, employees and a limited number of other third parties expressly authorized by Penn Foster.
2. Collection of User Information.
Categories of Personal Information We Collect.
There are five categories of personal information we may collect from you through the Sites:
Personally Identifying Information You Provide Us: this is information that is identifiable to you, as an individual, which you may provide to the Sites if you register on the Sites and engage in any Site activities, including personal details (e.g., name, age, gender, marital status, ethnicity, primary language, number of children in household, age of children, household income before taxes, housing type, transportation, hobbies, and employment), contact details (e.g., phone number, email address, postal address), account details (e.g., username and password);
Information we collect about your use of the sites: this is information commonly collected by many websites to track website usage and may include, for example, computer and server IP addresses, browser versions, pages most visited, duration and time of visit, and geographic location, as well as standard fields from our web log reporting software to include: date, time, client IP address, user name, service name and instance number, server name, server IP address, server port method, URI stem, URI query, HTTP status, Win32 status, bytes sent, bytes received, time taken, protocol version, host, user agent, cookie, referrer, and protocol sub-status;
Personal Financial Information: this is information, such as credit card or debit card information, that you provide if you are enrolling in a Penn Foster educational program or if you are purchasing any other Penn Foster products or services; and
Student Records: In addition, Penn Foster generates, collects and stores, through the Student Portal, additional information and materials personal to or provided by students enrolled in Penn Foster programs, such as course assignment work, exams, academic records, confidential enrollment information, and students’ personal, program-related communications with Penn Foster. Note that we may be required by law to collect certain information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations.
Information from Third Parties: We may also collect Personal Information about you from third parties to perform certain functions such as collections activities or to customize our marketing efforts.
3. Site Content. The Sites offers a broad range of content and activities. The term “Content” includes any type of content or material displayed on, posted to or otherwise communicated on, through or to any part of the Sites, whether in images, graphics, text, music or otherwise. Trademarks, service marks and logos (collectively “Trademarks”) are also considered to be Content. There are two sets of rules that govern the content on the Sites, whether that content is provided by Penn Foster, you or other Users (all such content, “Content”). The first set of rules tells you how you can use Site Content. The second set of rules tells you what kind of Content you are allowed to post on or contribute to the Sites. Any violation of the Content Usage Rules or the Content Posting Rules by a Site User may result in the User being barred from further access to the Sites. Any such violation by a Penn Foster student may also result in disciplinary action, up to and including academic expulsion.
4. Content Usage Rules. The Content is protected by United States copyright and trademark law and by international copyright and trademark laws and treaties. You are allowed to view, print and/or download Content provided by Penn Foster or other Site Users only for your personal, non-commercial purposes. You are not authorized to copy, distribute, republish, retransmit, commercially exploit, or modify the Content unless the webpage expressly authorizes you to do so. Without limiting the foregoing, you are expressly prohibited from using Content to cheat on Penn Foster educational tests or assignments, to assist or facilitate cheating by others, or to compromise the integrity of Penn Foster educational programs and Penn Foster students’ educational experience in any way. Finally, Trademarks on the Sites are owned by Penn Foster or third parties and may not be used by you or any third party without the prior written consent of the trademark owner.
5. Content Posting Rules. In order to contribute Content on the Sites, whether through a posting to the Site or by participating in a Site’s activities or by communicating with or through the Sites, you must register as a Site User. Contributions of Content to the Sites and participation in activities on the Sites are governed by a single principle: Respect for Others. This means that Content should be original, honest, respectful and offered in good faith. Without limiting the applicability of these more general guidelines, the following specific restrictions on Content also apply.
All Content you provide must be of your original authorship; you may post Content from other people but only if you clearly attribute the Content to its author.
You may not provide Content which is:
offensive, lewd, sexually explicit, pornographic,
libelous or defamatory;
harassing, bullying, threatening or abusive;
discriminatory, or promoting of hatred or violence;
in violation of state, local, federal or law or international treaties;
In violation of another person’s intellectual property or privacy rights; or
misleading, deceptive, or fraudulent.
Content may not be commercial in nature or include offers of your own or third party products or services.
Content must be free of malware, viruses or any other code which could damage a Site’s security or operations, interfere with the conduct of other Site Users, modify or destroy other Content on the Sites, or damage or destroy Penn Foster or third party hardware or software.
You may not misstate or misrepresent the origin of Content.
7. Communications with Other Users. You can use the Sites to engage in personal communications with other Site Users who have agreed to accept such communications from you. Penn Foster does not monitor such personal communications between Users. However, Penn Foster reserves the right to access and review such communications for security, legal and other business purposes, including the enforcement of student enrollment terms and these Site Terms, and the protection of Penn Foster and its business partners, Penn Foster students, and other Site Users.
9. Prohibited Conduct. You may not and may not attempt to:
access the Sites’ systems or infrastructure or devices of other Users,
interfere with the operations or performance of the Sites,
destroy, interrupt or limit the functionality of any telecommunication equipment or computer hardware or software
introduce viruses or other malware into the Sites or devices of other Users,
use Content, including personally identifiable information you obtain from other Site Users, for commercial, criminal or bad faith purposes,
use the Sites to publish or transmit promotional materials, spam, junk mail, chain letters, pyramid schemes, solicitations, or other messaging not consistent with the stated goals of the Site,
impersonate any person or entity or misrepresent your identity, or
commit fraud with regard to the Sites or other Site Users.
Your violation of any of the above prohibitions may result in your civil and/or criminal prosecution. In addition, any violation of the above prohibitions will result in your being barred from further access to the Sites and, if you are a student, will result in disciplinary action up to and including academic expulsion.
10. User Account and Password Security. Access to and use of password-protected areas of the Sites (including the Student Portal) are restricted to registered Users only. You may not disclose your login credentials to any third party and are solely responsible for (a) maintaining the confidentiality of your login credentials, and (b) any activity that occurs under or through your Site Username and password whether or not you have authorized such activity. If you believe the confidentiality of your login credentials has been compromised or violated, please notify Penn Foster immediately via email to [email protected]
or telephone (1-888-427-1000) and we will deactivate your account as soon as commercially practical and work with you to establish new, secure credentials. Remember, however, that you remain liable for any activity, authorized or unauthorized, that occurs under your login credentials until your account is deactivated.
12. DISCLAIMER ON CONTENT. THE CONTENT ON THE SITES IS PROVIDED “AS IS.” PENN FOSTER MAKES EVERY REASONABLE EFFORT TO ENSURE THAT THE CONTENT ON THE SITES PROVIDED BY PENN FOSTER IS ACCURATE, NON-INFRINGING AND CURRENT BUT DOES NOT WARRANT OR REPRESENT THAT SUCH CONTENT IS WITHOUT ERRORS, IS CURRENT OR IS NON-INFRINGING. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, PENN FOSTER EXPRESSLY DISCLAIMS ANY WARRANTIES OF COMPLETENESS, RELIABILITY, ACCURACY, USEFULNESS, NON-INFRINGEMENT, OR CURRENCY WITH RESPECT TO THE CONTENT IT PROVIDES TO THE SITES. YOU ALSO UNDERSTAND AND AGREE THAT PENN FOSTER BEARS NO RESPONSIBILITY FOR CONTENT PROVIDED TO THE SITES BY YOU, OTHER USERS AND THIRD PARTIES; TO THE FULLEST EXTENT PERMITTED, BY LAW, PENN FOSTER ALSO EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT SUCH CONTENT IS CURRENT, ACCURATE, COMPLETE, ORIGINAL, RELIABLE, USEFUL, GENUINE, NON-INFRINGING OR PROVIDED IN GOOD FAITH.
13. DISCLAIMER ON SITE PERFORMANCE AND SERVICES. PENN FOSTER DOES NOT WARRANT (A) THAT THE SITES AND SITE ACTIVITIES OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE, (B) THAT CONTENT (INCLUDING EMAIL CONTENT) WILL NOT BE LOST, CORRUPTED OR DESTROYED, C) THAT THE SITES AND THE CONTENT AND/OR ACTIVITIES AND/OR SERVICES OFFERED ON THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR (D) THAT THE SITES WILL NOT BECOME INFECTED WITH VIRUSES OR MALWARE OR WILL NOT INADVERTENTLY TRANSMIT VIRUSES OR MALWARE TO YOUR COMPUTING DEVICES. IN ADDITION, PENN FOSTER RESERVES THE RIGHT TO DISCONTINUE OR SUSPEND OPERATION OF THE SITES OR ANY OF THEM, OR ANY SITE ACTIVITY OR WEBPAGE, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND WITHOUT NOTICE TO YOU AND WITHOUT MAINTAINING COPIES OF YOUR CONTENT OR ANY OTHER CONTENT. IF YOU ARE A STUDENT, PENN FOSTER WILL WORK WITH YOU TO ENSURE THAT ANY SUCH SUSPENSION OR DISCONTINUATION DOES NOT INTERFERE WITH YOUR COMPLETION OF YOUR ACADEMIC PROGRAM.
14. LIMITATION ON LIABILITY. IN NO EVENT SHALL PENN FOSTER BE LIABLE TO YOU, OR ANY ONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, INCLUDING YOUR PARTICIPATION IN SITE ACTIVITIES OR YOUR USE OR POSTING OF SITE CONTENT, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARISE UNDER LAW OR IN EQUITY, OR ARE BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY OR PRINCIPLE.
15. INDEMNIFICATION. YOU AGREE TO PROMPTLY AND FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS PENN FOSTER AND ITS AFFILIATES AND SUCCESSORS, AND THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES AND AGENTS (THE FOREGOING, INDIVIDUALLY AND COLLECTIVELY, THE “PENN FOSTER PARTIES”) FROM AND AGAINST ANY THIRD PARTY CLAIM, ACTION OR PROCEEDING, INCLUDING ALL COSTS AND EXPENSES (INCLUDING PROFESSIONAL FEES) WHICH ANY SUCH PENN FOSTER PARTIES MAY INCUR IN CONNECTION THEREWITH, AND INCLUDING ANY DAMAGES, COSTS, OR EXPENSES PAYABLE UNDER OR IN CONNECTION WITH ANY RELATED AWARD OR JUDGMENT, IN EACH CASE TO THE EXTENT SUCH CLAIM, ACTION OR PROCEEDING ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, YOUR PROVISION OF CONTENT TO THE SITES, ACTIVITIES ON THE SITES (INCLUDING THE POSTING OF CONTENT) WHICH OCCUR UNDER YOUR USER NAME OR PASSWORD, OR YOUR USE OF SITE CONTENT.
17. Remedies Non-Exclusive. None of the specific remedies for violations of the Site Terms set forth above are exclusive of any other remedy for such violations. Without limiting the foregoing, Penn Foster reserves all rights and remedies it may have with respect to any violation of these Site Terms, in law, under equity, or pursuant to contract, tort or other legal principle or theory.
18. Dispute Resolution. You agree that you will (a) promptly notify Penn Foster of any dispute or claim you may have against any of the Penn Foster Parties arising out of or in connection with these Site Terms, your use of the Sites, your provision of Content to the Sites, or your use of Site Content, and (b) work with Penn Foster diligently and in good faith to resolve such claim or dispute on reasonable terms. To the extent that such dispute or claim cannot be resolved by such efforts, you voluntarily (a) agree that such dispute or claim shall be resolved solely and exclusively through courts of competent jurisdiction located in Pennsylvania or Arizona, (b) submit to the personal jurisdiction and exclusive venue of such courts and waive all objections to the same, including inconvenient forum, and (c) waive your right to a jury.
19. Copyright Protection. If you believe that any Content on a Site violates your or a third party’s copyright, you should contact Penn Foster at [email protected]
. For your notice to be effective, it needs to include the following:
a) your electronic or physical signature;
b) sufficient information to identify the copyrighted work that you claim has been infringed;
c) a description of the infringing content and the location on the Sites of such infringing content;
d) your name, address, telephone number and/or email address so that we may contact you;
e) the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
f) the following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
If Penn Foster receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing Content was removed as a result of mistake or misidentification, the Content may be reinstated.
, govern your use of the Sites and of Site Content and may not be modified, extended, limited, waived or terminated except with the written consent of Penn Foster. If any portion of these Site Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Site Terms and the remaining terms shall remain in full force and effect. The word “including” shall be construed to mean “including but not limited to.”
21. Modification to Site Terms. As stated above, Penn Foster reserves the right to modify the Site Terms at any time and will notify Users by posting such modified Site Terms on this webpage. Under certain circumstances, we may also elect to notify registered Users of changes or updates to our Site Terms by additional means, such as posting a notice on the front page of the Sites or by sending you an email but you should not rely on receiving such additional notice.
QUESTIONS or CONCERNS? If you have any questions or concerns about these Site Terms or their application, or for general questions about the Site, please contact Penn Foster at [email protected]