Terms and Conditions

EFFECTIVE: March 2019

THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND VIRTUAL CONNECTIONS AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, ADMINISTRATORS AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE.

By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Administrator or End-User to access or use the Service, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an "Entity"), You are agreeing to these Terms for that Entity and representing to Virtual Connections that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

Account: means all Virtual Connections accounts or instances created by or on behalf of Subscriber or its Administrators or End-Users within the Service.

Administrator: means an individual who is an employee, non-employee or an entity the Subscriber authorized to use the Service through Your Account Administrator.

API: means the application programming interfaces developed and enabled by Virtual Connections that permits Subscriber to access certain functionality provided by the Service, including without limitation, the Virtual Connections API that enables the interaction with a Virtual Connections instance automatically through HTTP requests and the Virtual Connections application development API that enables the integration of a Virtual Connections instance with other web applications.

Confidential Information: means all information disclosed by You, Administrators or End-Users to Virtual Connections or by Virtual Connections to You, Administrators or End-Users which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data, including any e-mails transmitted and deliver through our Service, shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by Virtual Connections to You, Administrators or End-Users through the Site or otherwise.

End-User: means any person or entity other than Subscriber or Administrator using the Service.

Form: means any Virtual Connections generated service order form executed or approved by You with respect to Your subscription to the Service, which form may detail, among other things, the number of Administrators authorized to use the Service under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.

Virtual Connections: means Virtual Connections, LLC, a California limited liability company or any of its subsidiaries, successors or assignees. In these Terms, Virtual Connections may also be referred to through the use of "We" or "Our."

Other Services: means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which You, Administrators or End-Users may connect to or enable in conjunction with the Service, including, without limitation, certain Other Services which may be integrated directly into Your Virtual Connections Service.

Service: means Virtual Connection’s current and future e-mail, security and related services, including but not limited to spam filtering, virus filtering, and store and forward disaster recovery services, continuity and other associated services.

Service Plan: means the service plan and the functionality and services associated therewith (as detailed on the Site) for which You subscribe with respect to each Administrator or End-user.

Site: means Virtual Connections.net, https://admin.Virtual Connections.net and all other websites owned or operated by Virtual Connections or its subsidiaries.

Software: means software provided by Virtual Connections (either by download or access through the internet) that allows an Administrator or End User to use any functionality in connection with the Service.

Subscription Term: means the period during which You have agreed to subscribe to the Service with respect to any individual Administrator or End-User.

User: valid e-mail address on domains listed on the Account, unless otherwise marked as an alias or group in the User List in the account administration page.

Your Data: means all electronic data, text, messages or other materials submitted to the Service by You, Administrators and End-Users in connection with Your use of the Service.

2. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE

2.1 During the Subscription Term and subject to compliance by You, Administrators and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes subject to restrictions stated in the Terms. Without limiting the foregoing, Your right to access and use the API is also subject to the restrictions and policies implemented by Virtual Connections from time to time with respect to the API as set forth in the Documentation or otherwise communicated to You in writing.

2.2 A high speed Internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service, including, but not limited to, “email server” software that supports protocols used by Virtual Connections, including SMTP protocol or other protocols accepted by Virtual Connections for email transmission, “browser” software that supports protocols used by Virtual Connections, including Secure Socket Layer (SSL) protocol or other protocols accepted by Virtual Connections, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You, Administrators or End Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Virtual Connections. We assume no responsibility for the reliability or performance of any connections as described in this section.

2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Administrators and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party other than Administrators or End Users; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any sponsorship or association with Virtual Connections, (e) use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to transmit information to distribution lists including any person who has not given specific permission to be included in the list; (h) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (i) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (j) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (k) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (l) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software"); (m) try to use or use the Service to facilitate compliance with any governmental regulations; (n) try to use or use the Service to assist in e-discovery or any other litigation support tools unless Virtual Connections is ordered by the appropriate governmental bodies to allow such use; or (o) try to use, or use the Service in violation of these Terms.

2.4 You are responsible for compliance with the provisions of these Terms by Administrators or End Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Administrators available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Administrators permitted under Your subscription to the Service. You agree and acknowledge that each Administrator will be identified by a unique username and password ("Login") and that an Administrator Login may only be used by one (1) individual. You will not share an Administrator Login among multiple individuals. You and Your Administrators are responsible for maintaining the confidentiality of all Login information for Your Account.

2.5 In addition to Our rights as set forth in Section 8.4, Virtual Connections reserves the right, in Virtual Connections’s reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which Virtual Connections will use commercially reasonable efforts to notify You in advance both through Our forum page and a notice to Your Account owner and Administrators) ("Planned Downtime"); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of...