THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Digiarc Solutions (hereinafter “Digiarc”) GOVERNING YOUR USE OF SUBSCRIBED SOFTWARE SERVICES.
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This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Description Of Service.
We provide an array of services which include Digiarc hosted online services like Digisecure - Email Security, DigiCloud Zimbra, MailVault.Cloud & Volume Mail Services referred as (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Terms & Conditions.
Software as a service (SaaS) subscribed by the customer will be governed by the Terms & Conditions applicable for respective service is listed below.
|Description of Service||Terms & Conditions|
|Digisecure - Email Security||Service will be applicable for the entire domain & not for partial set of user. User list to be published manually or the same can be populated polling the Active Directory or LDAP. Service cannot be rendered without publishing the user list. Digicloud Email Security SMTP should not be used for sending Volume Mail , Anti-spam solution block the sender or the source IP for a period of 4 hours , It is an automated process Maximum of 500 emails per hour per user & Each mail can contain a maximum of 100 Users per mail. Maximum message size accepted is 25 MB|
|DigiCloud Email Advanced Threat Protection||Service will be applicable for the entire domain & not for partial set of user. User list to be published manually or the same can be populated polling the Active Directory or LDAP. Service cannot be rendered without publishing the user list. DigiCloud Email Security SMTP should not be used for sending Volume Mail , Anti-spam solution block the sender or the source IP for a period of 4 hours , It is an automated process Maximum of 500 emails per hour per user & Each mail can contain a maximum of 100 Users per mail. Maximum message size accepted is 25 MB.|
|DigiCloud Zimbra||Password Policy to strictly followed for all users hosted on Cloud Zimbra [Strict Minimum 8 Characters , Combination of AlphaNumeric , Capital & Small Letter , Special Characters ] Password Age (60) days – Default Policy Password Age ( 60 / 80 / 120 ) days – Expiry DigiCloud Email Security SMTP should not be used for sending Volume Mail , Anti-spam solution block the sender or the source IP for a period of 4 hours , It is an automated process Maximum of 500 emails per hour per user & Each mail can contain a maximum of 100 Users per mail. Maximum message size accepted is 25 MB.|
|Data Migration||Mail Data Migration will be carried out using IMAP scripts , It is assumed that source server supports IMAP . Data migration timelines depend solely on the rate at which source server allow data to be migrated. Any throttling done at source end can result in delay.|
|Volume Mail||In case email sent by customer using volume mail services are found to reported as spam by email recipient or service provider, All Volumen Mail Accounts of the customer will be disabled & Deleted with immediate effect.|
|Mail Vault Cloud||The tenure of mail retention is 7 years.|
Modification Of Terms Of Service.
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Digiarc notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services.
Organization Accounts And Administrators.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for
- Ensuring confidentiality of your organization account password,
- Appointing competent individuals as administrators for managing your organization account, and
- Ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Digiarc is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to Digiarc. In the absence of any specified administrator account recovery process, Digiarc may provide control of an administrator account to an individual providing proof satisfactory to Digiarc demonstrating authorization to act on behalf of the organization. You agree not to hold Digiarc liable for the consequences of any action taken by Digiarc in good faith in this regard.
Personal Information and Privacy
Communications From Digiarc.
The Service may include certain communications from Digiarc, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Digiarc in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Digiarc to the complainant.
Fees And Payments.
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the payment mode last used by you. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Digiarc to charge the subscription fee to the payment mode last used by you. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Restrictions On Use.
In addition to all other terms and conditions of this Agreement, you shall not :
- Transfer the Services or otherwise make it available to any third party;
- Provide any service based on the Services without prior written permission;
- Use the third party links to sites without agreeing to their website terms & conditions;
- Post links to third party sites or use their logo, company name, etc. without their prior written permission;
- Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
- Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Digiarc;
- Violate any applicable local, state, national or international law; and
- Create a false identity to mislead any person as to the identity or origin of any communication.
Spamming And Illegal Activities.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail“, “spam“, “chain letters“, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
User Generated Content.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Digiarc will have the right to block access to or remove such content made available by you if Digiarc receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Digiarc for this purpose.
Disclaimer Of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DIGIARC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGIARC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DIGIARC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation Of Liability.
YOU AGREE THAT DIGIARC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DIGIARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DIGIARC ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Digiarc, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Digiarc.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Courts of Mumbai ( India ) and judgment on the arbitration award may be entered any court having jurisdiction thereof. Notwithstanding anything to the contrary, Digiarc may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension And Termination.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
END OF TERMS OF SERVICE.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.