Terms of Use
Effective Date: July 1, 2024
Welcome to Tom Huynh University. These Terms of Use (“Terms”) govern your use of our website www.fishthu.com and our online learning management system (“LMS”). By accessing or using our site and LMS, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our site or LMS.
1. Acceptance of Terms
By accessing and using our site and LMS, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our site or LMS.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
3. Use of Our LMS
You agree to use our LMS only for lawful purposes and in accordance with these Terms. You agree not to use our LMS:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Tom Huynh University, a Tom Huynh University employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our LMS, or which, as determined by us, may harm Tom Huynh University or users of our LMS, or expose them to liability.
4. Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our LMS or portions of it using your username, password, or other security information.
Enforcement Measures:
- Monitoring: We monitor accounts for suspicious activity, including simultaneous logins from multiple locations, and may temporarily suspend access if unusual activity is detected.
- Password Policies: Users are required to create strong passwords and change them periodically. We may enforce password complexity requirements.
- Two-Factor Authentication (2FA): We strongly encourage or require the use of two-factor authentication to add an extra layer of security.
- Account Lockout: After multiple failed login attempts, accounts may be temporarily locked to prevent unauthorized access.
- User Notifications: Users will be notified of any changes to their account information or login activity from new devices or locations.
- Regular Audits: We conduct regular security audits to ensure compliance with our security policies and to identify potential vulnerabilities.
- Unique User Sessions: We limit the number of concurrent sessions per user account to prevent sharing of login credentials.
- IP Address Tracking: We track IP addresses to detect and prevent multiple logins from different locations that may indicate account sharing.
Tom Huynh University strongly discourages sharing of passwords to access systems they are not authorized to use. Failure to comply with these security measures may result in the suspension or termination of your account, and legal prosecution per the Computer Fraud and Abuse Act (CFAA): In the United States, sharing login credentials can be considered a violation of the CFAA, which prohibits unauthorized access to computer systems.
5. Intellectual Property Rights
The LMS and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tom Huynh University, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6. User Contributions
The LMS may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the LMS.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the LMS, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
7. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the LMS or the public, or could create liability for Tom Huynh University.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the LMS.
- Terminate or suspend your access to all or part of the LMS for any or no reason, including without limitation, any violation of these Terms.
8. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the LMS will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
9. Limitation of Liability
In no event will Tom Huynh University, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the LMS, any websites linked to it, any content on the LMS, or any services or items obtained through the LMS, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
10. Governing Law and Jurisdiction
All matters relating to the LMS and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Tom Huynh University
[email protected] of Form
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