1. Acceptance of Terms
Tangent provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using Tangent Email Archiving Services you will be subject to any posted guidelines or rules applicable to the service, which may be posted from time to time. All such guidelines or rules are incorporated by reference into the TOS.
2.Description of Service
Tangent Email Archiving currently provides customers with access to Internet Email Archiving Services (the "Service"). You understand and agree that the service may include certain communications from Tangent, such as service and product announcements, and administrative messages, and that these communications are considered part of Tangent’s Email Archiving Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Tangent Email Archiving Services properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Tangent Email Archiving Services assumes no responsibility for the timeliness, end user deletion or mis-categorization of any email communications catalogued by our service. You must provide and are responsible for all equipment necessary to forward email to our Service.
Service provides archiving of all e-mail data sent to it by the customer’s mail systems. This e-mail is saved, catalogued, indexed, and stored in encrypted format on permanent WORM media. Data can be retrieved by the customer though the password protected web based interface provided in the Service.
Service is compliant with FRCP Rule 26, SEC, NYSE, NASD, HIPAA, Sarbanes-Oxley and FDA 21 CFR Part 11. Service is also compliant with state rules and regulations. (Information available upon request)
3. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tangent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tangent’ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tangent of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of a user session. Tangent’ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and the sender and not Tangent are entirely responsible for all content that you email, transmit or otherwise make available to the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tangent be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content. You agree to not use the Service to:
· Email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
· Harm minors in any way.
· Impersonate any person or entity, including, but not limited to a Tangent official or falsely state or otherwise misrepresent your affiliation with a person or entity
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
· Transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
· Transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
· Transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Service or telecommunications equipment.
· Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
· Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, FRCP, HIPPA and any regulations having the force of law.
You acknowledge that Tangent Email Archiving Services do not screen Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Tangent Email Archiving Services may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Tangent, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data imported and exported from the United States or the country in which you reside.
You agree to indemnify and hold Tangent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. General Practices Regarding Use and Storage
You acknowledge that Tangent may establish general practices and limits concerning use of the Service, including without limitation the maximum number email messages that may be sent from or received by an account on the Service and the maximum size of any email message that may be sent from or received by an account on the Service. You acknowledge that Tangent reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service
Tangent reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Tangent shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.
Due to the sensitive and critical nature of maintaining email archiving services to our customers, Tangent’s policy is to not immediately terminate services for customers over issues regarding non-payment of account and/or service renewal fees.
You agree that it is your responsibility to properly notify Tangent via email at email@example.com no less than 5 days prior to your service renewal date, should you decide to discontinue your service. Should you fail to properly notify Tangent no less than 5 days prior to your service renewal date of your intent to discontinue services and then utilize Tangent Email Archiving services in any way for any part of any year, you agree to pay Tangent in full for a full year of service at your annual rate.
You agree that Tangent in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Tangent believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Tangent may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tangent shall not be liable to you or any third-party for any termination of your access to the Service.
13. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TANGENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TANGENT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RECEIPT OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGENT OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TANGENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. The Service is provided for informational archival purposes only, and NO CONTENT TRANSMITTED THROUGH THE SERVICE is intended for public use. Tangent and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any legal proceedings or judgments that may come from the use of information in the service.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. Trademark Information
The name DataCove / logo and the Tangent logo is a trademark of Tangent Computer Inc. Without Tangent’s prior written permission, you agree not to display or use in any manner, the Tangent or Tangent Email Archiving Services Marks.
20. General Information
The TOS constitute the entire agreement between you and Tangent and govern your use of the Service, superseding any prior agreements between you and Tangent. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Tangent shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Tangent to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.