Last Updated: November 16, 2017
Please read the following Agreement carefully. This Agreement explains your rights and obligations as a user of “Services” provided by Gaggle.Net, Inc. (“Gaggle”). Gaggle Services include, but are not limited to, Archiving & Backup, Safe Communication Tools, Safety Management and School & District Websites. For a further Description of Services, please consult the Gaggle Service Level Agreement.
It may be necessary for us to update or revise parts of this Agreement or any feature of Gaggle 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 Gaggle to provide Services to you (“Customer”). Compensation for the Services provided shall be at the rates and terms set forth in a Gaggle invoice, Customer contract or Subscription Agreement. By completing the registration process and providing Gaggle 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 Gaggle Services in accordance to Section 8.
2. Unauthorized Access, Password Protected and Secured Areas. Users of Gaggle Services shall be responsible for unauthorized access made through their usernames and passwords. For this reason, Gaggle 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 Gaggle 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 Gaggle Services. If you violate your obligations under this section, you may be subject to criminal prosecution or civil damages. You agree to notify Gaggle 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. Gaggle uses a variety of measures to protect the security and privacy of its users. Users should be aware, however, that Gaggle cannot guarantee security and confidentiality through its Services. Gaggle accepts no responsibility for harm caused directly or indirectly by use of its Services. Users should also be aware that the use of Gaggle Email and/or Email through third-party products such as those from Google Inc. and Microsoft Corporation is not private. Although Gaggle 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. Gaggle, at its discretion, may choose to turn over or make available message content to appropriate personnel, the National Center for Missing and Exploited Children (“NCMEC”) and/or law enforcement agencies, if required..
4. Confidentiality Policy. As used herein, "Confidential Information" shall mean the respective parties' proprietary information or material to which the other party may become aware of as a result of this Agreement, including but not limited to research data, methodologies, products, services, processes, formulas, technology, or other business information disclosed to one party by the other, either directly or indirectly, whether in writing, orally or otherwise, but not including any of the foregoing which was known to the receiving party at the time of disclosure from a source other than the disclosing party or any third party that owed a duty of confidentiality with respect to such information to the disclosing party or which has become publicly known and made generally available through no wrongful act or omission of the receiving party or of others who were under confidentiality obligations with respect thereto. Each party agrees that with respect to the Confidential Information of the other party, during the term of this Agreement and thereafter, such party: (a) shall at all times maintain the confidentiality of the Confidential Information, using the same degree of care that such party uses to protect its own confidential information of a like nature and, (b) shall not disclose the Confidential Information to any other individual, entity or third party, except as permitted herein or as may be requested or required by (or as deemed advisable by counsel under) applicable law, rule, regulation, court order, legal process or governmental, judicial, regulatory or self-regulatory oversight.
5. Family Educational Rights and Privacy Act (FERPA). The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. You are required to comply with FERPA and its applicable regulations. Gaggle shall not disclose any student’s education records, personal identifiable information or other related records monitored, maintained and retained by Gaggle and/or other Services provided by Gaggle to any third party (other than your school organization) without prior authority. Gaggle shall maintain the privacy and confidentiality of all student education records, and shall make available to your school organization the right to inspect and review the student education records upon request. Gaggle shall not disclose or transmit student education records or information to any unauthorized party without the prior consent of the student, guardian and/or your school organization, or by court order, administrative order or subpoena. Notwithstanding the foregoing, to protect your school or district against the risks involved in handling child pornography, Gaggle registers incidents containing pornographic videos and images of possible minors with the CyberTipline at the National Center for Missing and Exploited Children (“NCMEC”). It is NCMEC’s mission to prevent the spread of child pornography, as well as to prevent the sexual exploitation of children. For more information, consult the Gaggle Student Data Privacy Notice. For more information, consult the Gaggle Student Data Privacy Notice.
6. Support. Gaggle maintains a case system to manage all Customer issues. Gaggle provides Customer Service between the hours of 7 a.m. and 6 p.m. CT, Monday through Friday. Customers can reach Gaggle by email (firstname.lastname@example.org), telephone (800.288.7750) or by accessing a live chat feature within the Gaggle interface and on the Gaggle website. After hours support is provided through a monitored email account at email@example.com.
Gaggle 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.
7. 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.
8. 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. Gaggle may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach the conditions of this Agreement, the Gaggle Service Level Agreement (SLA), your contract or Subscription Agreement.
Without limiting the foregoing, we may immediately terminate your use of Gaggle Services if you engage in any of the following prohibited activities:
You can cancel your Services by notifying Gaggle’s Customer Service department at (800) 288-7750, by sending your cancellation to Gaggle, PO Box 1352, Bloomington, IL 61702-1361, sending email to firstname.lastname@example.org or by fax to 309-665-0171.
Gaggle 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 Gaggle Services and use these Services at your own risk. Gaggle exercises no control over and has no responsibility whatsoever for actions taken on the Internet, and Gaggle expressly disclaims any responsibility for such actions. You acknowledge to Gaggle, and for Gaggle’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.
10. 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. Gaggle is not responsible or liable for the deletion of messages or other information.
12. Miscellaneous. Gaggle provides Services to your organization to assist it in the protection of your students and your organization. Gaggle shall undertake every commercially reasonable effort to update its Services to maximize detection of unsafe, graphic and/or obscene communications. Gaggle does not warrant, represent and/or guaranty that all unsafe communications can or will be detected while monitoring your student communications or website content.
Gaggle shall not be responsible for contacting, notifying or alerting any governmental agency or bureau including, but not limited to, child protective services agencies, with jurisdiction over your organization (Customer) for which notification has been provided to Customer. Your organization is responsible for reviewing all Gaggle communications, and to take all reasonable and precautionary actions required by your organization to protect the interests of students including, but not limited to, notifying applicable governmental agencies and/or bureaus, such as child protection services pursuant to the Family Educational Rights and Privacy Act (FERPA) and other applicable laws and regulations.
13. 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.
14. Indemnity. You agree to indemnify, defend and hold Gaggle and its respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the "Gaggle Indemnified Persons") 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 Gaggle Services.
15. Taxes. All fees set forth in this Agreement and any invoices shall include all taxes except such “Transaction Taxes” which Gaggle is required by law to invoice and collect from Customer. Transaction Taxes, if any, will be separately stated on the invoice and will be paid by Customer to Gaggle unless Customer provides an exemption certificate to Gaggle or the transaction is statutorily exempt from Transaction Taxes. Gaggle shall be solely responsible for the timely remittance of all Transaction Taxes to the applicable Governmental Authority, and Gaggle shall pay (without reimbursement by Customer), and shall hold Customer harmless against, any penalties, interest or additional taxes that may be levied or assessed as a result of the failure to invoice or delay of Gaggle to pay any such taxes. “Transaction Taxes” means sales and use taxes, value added taxes, goods and services taxes, gross receipts taxes and excise taxes, and excludes any tax on income, real or personal property taxes or payroll taxes.
16. Trademarks. The trademarks, service marks, logos, slogans and product designations of Gaggle (“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 Gaggle Services grants any right to use (by license, implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Gaggle or the respective owner.
17. Acknowledgement of Ownership Rights and Disclosure of Deliverables. Gaggle does not convey any ownership in and Gaggle will own in perpetuity all right, title and interest, world-wide, in and to: (i) any intellectual property or related rights owned or licensed by Gaggle and used in the performance of Gaggle’s service hereunder, including Gaggle's Confidential Information, and (ii) the frameworks, methodologies, processes, inventions, analytical tools and industry data and insights that may be used or developed by Gaggle in the performance of Gaggle's services hereunder along with any and all intellectual property rights in connection with the foregoing (the “Gaggle IP”).
18. Choice of Law. This Agreement is made in and shall be interpreted and governed in all respects in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions.
19. Violations. Please report any violations of these Terms & Conditions to Gaggle’s Customer Service department at (800) 288-7750, via email at email@example.com, or fax to 309-665-0171.
20. General Questions. If you have any questions regarding the Terms & Conditions, please contact Gaggle’s Customer Service department at (800) 288-7750, via email firstname.lastname@example.org, or fax to 309-665-0171.