Updated: July 2016
Please read the following Agreement carefully. This Agreement explains your rights and obligations as a user of “Services” provided by Authority, a division of Gaggle.Net, Inc. Authority Services include, but are not limited to, Archiving & Backup and Email Migration. For a further Description of Services, please consult the Authority Service Level Agreement.
It may be necessary for us to update or revise parts of this Agreement or any feature of Authority Services without prior notice. If we make material changes to this Agreement, we will post the updated Agreement (with a notice that the Agreement has been updated) and notify Customers by email using the primary email address specified in their accounts.
1. Acceptance of Terms. The Terms & Conditions herein establish the understanding for Authority to provide Services to you (“Customer”). Compensation for the Services provided shall be at the rates and terms set forth in an Authority invoice, Customer contract or Subscription Agreement. By completing the registration process and providing Authority with current, complete and accurate information, you are agreeing to be bound by these Terms & Conditions. If you choose not to agree with the changes, your only remedy would be to cancel Authority Services in accordance to Section 6.
2. Unauthorized Access, Password Protected and Secured Areas. Users of Authority Services shall be responsible for unauthorized access made through their usernames and passwords. For this reason, Authority recommends that users change their passwords periodically. Access to and use of current or future password protected or secured Services is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms for Authority Services. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by someone on your behalf. You agree not to misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity or misstate the origin of any materials that you are exposed to through Authority Services. If you violate your obligations under this section, you may be subject to criminal prosecution or civil damages. You agree to notify Authority and your applicable administrator immediately of any unauthorized use of your account or any other breach of security known to you.
3. Privacy and Security. Authority uses a variety of measures to protect the security and privacy of its users. Users should be aware, however, that Authority cannot guarantee security and confidentiality through its Services. Authority accepts no responsibility for harm caused directly or indirectly by use of its Services. Although Authority is not obligated to do so, it has the right to review and monitor your content and communications, including but not limited to fulfilling obligations set forth in your contract or Subscription Agreement, to backup or review messages to identify network problems, or to determine whether you comply with our Terms & Conditions. Authority, at its discretion, may choose to turn over or make available message content to appropriate personnel or law enforcement agencies if required.
4. Support. Authority maintains a case system to manage all Customer issues. Authority provides Customer Service between the hours of 7 a.m. and 6 p.m. CT, Monday through Friday. Customers can reach Authority by email (firstname.lastname@example.org), telephone (855.298.5200) or by accessing a live chat feature within the Authority interface. After hours support is provided through a monitored email account at email@example.com.
Authority provides additional technical support twenty-four (24) hours per day, seven (7) days per week. Response time commitments are made based on the severity of the issue, ranging from six hours for critical issues, to twenty-four (24) hours for informational requests.
5. Assignment. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void.
6. Termination. Either party may terminate the Services under this Agreement at any time by providing thirty (30) days written notice of the intent to terminate. Authority may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach the conditions of this Agreement, the Authority Service Level Agreement (SLA), your contract or Subscription Agreement.
Without limiting the foregoing, we may immediately terminate your use of Authority Services if you engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, or editing or attempting to edit comments or the vote of another person;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through Authority Services;
Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other the proprietary right of any party;
Uploading posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
Gathering for the purpose of “spamming” any email addresses that users post in our forums and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
Uploading or posting any off-topic or irrelevant material to any chat room or forum;
“Stalking,” “bullying” or otherwise harassing another;
Gaining unauthorized access to our Services, or any account, computer system, or network owned and operated by Authority, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through Authority Services.
You can cancel your Services by notifying Authority’s Customer Service department at (855) 298-5200, by sending your cancellation to Authority, a division of Gaggle.Net, Inc., PO Box 1352, Bloomington, IL 61702-1361, sending email to firstname.lastname@example.org or fax to 309-665-0171.
Authority can, at any time, modify or discontinue any of its Services without liability to any user or third party.
You assume total responsibility for the use of Authority Services and use these Services at your own risk. Authority exercises no control over and has no responsibility whatsoever for actions taken on the Internet, and Authority and Gaggle.Net, Inc., expressly disclaims any responsibility for such actions. You acknowledge to Authority, and for Authority’s benefit and the benefit of its directors, employees, licensors and agents, that the Services may contain bugs and are not designed or intended for use in mission critical environments requiring fail-safe performance.
8. Message Storage, Content Storage and Other Limitations. The amount of email storage space and content storage space is limited for each user depending upon your contract or Subscription Agreement. Authority is not responsible or liable for the deletion of messages or other information.
10. Miscellaneous. The following terms shall also apply to this Agreement:
11. Notices. Unless specified otherwise herein: (a) all notices must be in writing and addressed to the attention of the other party’s legal department and primary point of contact; and (b) notice will be deemed given: (i) when verified by written receipt if sent by personal courier, overnight courier or when received if sent by mail without verification of receipt; or (ii) when verified by automated receipt or electronic logs if sent by facsimile or email.
12. Indemnity. You agree to indemnify, defend and hold Authority and Gaggle.Net, Inc., harmless from and against any and all third-party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with, your access and/or use of Authority Services.
13. Trademarks. The trademarks, service marks, logos, slogans and product designations of Authority (“Trademarks”) are the property of Gaggle.Net, Inc., and/or their respective owners. You have no right to use any such Trademarks, and nothing contained in Authority Services grants any right to use (by license, implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Authority or the respective owner.
14. Violations. Please report any violations of these Terms & Conditions to Authority’s Customer Service department at (855) 298-5200, via email at email@example.com or fax to 309-665-0171.
15. General Questions. If you have any questions regarding the Terms & Conditions, please contact Authority’s Customer Service department at (855) 298-5200, via email firstname.lastname@example.org.