Terms & Conditions

Gaggle Services Terms & Conditions

Last Updated: December 2016

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 Learning Management System (LMS), Safety Management, Email, and School & District Websites. For a further Description of Services, please consult the Gaggle Master 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 7.

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 or law enforcement agencies if required.

For more information, please also refer to the Gaggle Privacy Policy and Gaggle Student Data Privacy Notice.

4. 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. For more information, consult the Gaggle Student Data Privacy Notice.

5. 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 (support@gaggle.net), 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 support@gaggle.net.

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.

6. 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.

7. 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 Master 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:

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 any Service;

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 Gaggle, 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 Gaggle Services.

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 support@gaggle.net 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.

8. Limitation of Liability, Statute of Limitations. In no event shall Gaggle be liable with respect to Services (i) for any amount in the aggregate in excess of the fees paid by you; or (ii) for any indirect, incidental, punitive or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Gaggle arising out of or related to use of Services or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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.

9. 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.

10. Communications. Except for any disclosure by you for technical support purposes, or as specified in the Gaggle Privacy Policy, all communications from you will be considered non-confidential and nonproprietary. You agree that any and all comments, information, feedback and ideas that you communicate to Gaggle or through available chat rooms, message boards, blogs or texting will be deemed, at the time of the communication, the property of Gaggle, and Gaggle shall be entitled to full rights of ownership including, without limitation, unrestricted right to delete, use or disclose such communication in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use Gaggle Services to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading or infringing a third-party intellectual property or privacy rights.

11. 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.

The following terms shall also apply to this Agreement:

A. 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.

B. Indemnity. You agree to indemnify, defend and hold Gaggle 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.

12. 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.

13. Violations. Please report any violations of these Terms & Conditions to Gaggle’s Customer Service department at (800) 288-7750, via email at support@gaggle.net, or fax to 309-665-0171.

14. General Questions. If you have any questions regarding the Terms & Conditions, please contact Gaggle’s Customer Service department at (800) 288-7750, via email support@gaggle.net, or fax to 309-665-0171.