NYOS Charter School and Student and Parent/Guardian, for good, valuable, and mutual consideration, the receipt and sufficiency of which are acknowledged, agree as follows:
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Equipment. NYOS Charter School assigns to Students the use of the equipment and accessories. Students will be assigned a NYOS Tag Number which will be tracked within the District's Asset Management System.
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Period of Possession. The term of this Use Agreement is for the current applicable School Year, or until transfer to another campus, or withdrawal from NYOS Charter School, whichever is earlier. The Student or NYOS Charter School may terminate this agreement at any time by written notice.
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Altering or Defacing Equipment. Students will not alter, disfigure, or cover up any numbering, lettering, or insignia displayed on the Equipment. Students will not alter or remove school software, security software, antivirus software, or add unauthorized and unlicensed applications.
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Maintenance and Repair. NYOS Charter School agrees to keep the Equipment in good repair and operating condition. Normal and reasonable wear and tear are expected. It is the Student’s responsibility to provide reasonable care and to coordinate required repairs through the NYOS Charter School Help Desk. Parents/Guardians are responsible for the reasonable cost of repair or replacement of damaged devices.
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Use. Student agrees that the Equipment will not be subjected to unnecessarily rough usage, that it will be used in accordance with its design, and that its use will conform to all applicable laws, NYOS Charter School board policies, and regulations. Student agrees not to allow the use of the Equipment for illegal purposes or for operating Student’s own or another’s personal or commercial business. Students will conform to the terms of the Acceptable Use Agreement and Student Technology Equipment Assignment Student/Parent Manual.
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Loss or Damage. Acknowledging Education Code Section 31.104, a Student who acts in bad faith to damage, steal, misplace, or purposely not return the Equipment and/or accessories will be liable, and/or the Parent/Guardian of the student will be liable to NYOS Charter School for the replacement cost of the Equipment and/or accessories as of the date of loss, up to $450. If the device is stolen on campus, then the student must immediately report it to the campus administrator so that the campus administrator can obtain an NYOS Charter School Police Report. If the device is stolen off campus, then the student must provide the campus administrator a copy of the police report entered by the parent no later than 2 school days after the loss was determined.
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Inspection by the School. The School will have the right at any time to request a visual inspection of the equipment and to perform periodic inventories.
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Security Measures. The school may provide additional security measures as technically possible for devices that will be used outside the school's network filters. This may include device security settings and/or software that may be used to manage and safeguard NYOS Charter School's electronic resources. These tools may be used to track NYOS Charter School inventory, block questionable sites, or limit access to sites when connected to the internet outside of NYOS Charter School's network.
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Disclaimer. While NYOS Charter School uses technology protection measures to limit access to material considered harmful or inappropriate to students, it may not be possible for the school to absolutely prevent such access. Despite our best efforts and beyond the limits of filtering technology, a student may come across areas of adult content and some material that parents/guardians might find objectionable.
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Title. Title to the Equipment will at all times remain with NYOS Charter School. The Student will give NYOS Charter School immediate notice of any claim, levy, lien, or legal process issued against the Equipment. The Equipment is and will remain for the term of this Use Agreement personal property, notwithstanding any attachment of it or part of it to real property or improvements on such real property.
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ADP. Students/Parents, at their own expense, pay a $50 Accidental Damage Protection Fee at the beginning of each applicable school year for grades 8th through 12th. This insurance fee covers damage to the equipment and allows for repair or replacement of damaged devices. Failure to carry such insurance will not relieve the Student of liability as provided for in this Use Agreement.
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Assignment or Subletting. The Student will not assign this Use Agreement or any Equipment under the Use Agreement or any interest in the Use Agreement or Equipment without NYOS Charter School's written consent. The Student will not give or provide any part of the Equipment to unauthorized users under the Use Agreement without NYOS Charter School's written consent.
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Surrender of Equipment at End of Use Agreement. The Student agrees, on termination of this Use Agreement, a student transferring to another campus, student withdrawal from the district, or at the request of NYOS Charter School, to return the Equipment at the Student’s own expense. The equipment must be returned in good condition, allowing for reasonable wear and tear, to the campus that assigned it. In the event the asset is not returned, the Student and Parent/Guardian understand that NYOS Charter School shall report the device missing. After further attempts to recover or locate the device, which could include electronic surveillance and tracking of the device, the property may be declared stolen and will be disabled remotely, and further action can be taken by the police department to recover the asset. The Student and Parent/Guardian understand and agree that the transfer of the assigned equipment to another student is not equivalent to the surrender of Equipment to NYOS Charter School, nor does it release the Student or Parent/Guardian from responsibility for the school’s assets. Therefore, NYOS Charter School may have to file a theft report.
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Entire Agreement. This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided in this Use Agreement or by other written agreement. If any provision of this Use Agreement is invalid, it will be considered deleted from this Agreement and will not invalidate the remaining provisions.
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Student and Parent/Guardian Information Workshops. Student and parent/guardian have attended the required information workshops to receive training and orientation on acceptable use guidelines, applicable school policies, cyber safety, and the safe use and general care of the device.