Updated 1/8/2016

This Gaslight Media E-Mail Services Agreement (“Agreement”) made available via a hypertext link associated with the E-Mail Account log-in form displayed in the Gaslight Media Web site is binding between User (as defined below) and Gaslight Media of 120 East Lake Street, Petoskey MI 49770 (“Gaslight Media”) during the Term of Service and accepted by User by way of their establishment and use of Account.

Agreement may from time to time be amended or modified and updated on the Gaslight Media Web site. All such amendments and modifications become effective immediately or as otherwise stated in Agreement. A notice of amendments or modifications to Agreement will be included on or along with any invoices for the services outlined below.

1. DEFINITIONS

Definitions for specific terms and phrases as applies to this Agreement are:

E-Mail Address – An address used to indicate the origin of or destination for E-Mail messages in the form of {user}@{domain} and assigned to a specific User.

E-Mail – Messages and associated data and content communicated electronically over computer and/or network resources and identified by at least one each origin and destination E-Mail Address.

E-Mail Account Services – The receipt, storage, processing, transport, delivery, and anti-SPAM and computer virus filtering of E-Mail for a specific E-Mail Address to the extent of which such takes place on computers, systems, or networks owned and operated by Gaslight Media.

Fees – All funds invoiced by and payable to Gaslight Media in compensation for providing E-Mail Account Services and related services.

Term of Service – Time period from when a customer establishes E-Mail Account Services with Gaslight Media till the date when that account has been terminated and all outstanding Fees have been paid to Gaslight Media.

User – An individual, group of individuals, organization, or other entity who are provided E-Mail Account Services by Gaslight Media and assigned a specific E-Mail Address or addresses.

User Account Manager – The User or an organization or other entity operating on behalf of a User or group of Users to receive all invoicing and communications related to the use of E-Mail Account Services, provide for payment, agreement to accept and use E-Mail Account Services according to Agreement, and as the sole primary contact for User or the group of Users and who agrees to Agreement and to be responsible for all associated Users use of E-Mail Account Services.

2. SERVICES

GASLIGHT MEDIA agrees to provide User with E-Mail Account Services in exchange for compensation from User Account Manager to Gaslight Media and compliance of the terms, conditions, and policies contained in Agreement. These services only include the origination, transfer, and delivery of E-Mail to and from the Internet and anti-SPAM and computer virus filtering of E-Mail received from the Internet but do not include any origination, transfer, or delivery of E-Mail where that occurs on computers, systems, or networks not owned or managed by Gaslight Media.

E-Mail Account Services do not include any Internet domain services unless contracted separately nor Web services other than Gaslight Media’s own Web based interface for the sending and retrieval of E-Mail nor any other Internet or computer service unless specifically agreed to in writing by Gaslight Media. Gaslight Media does offer Internet domain registration, hosting, consulting, and maintenance as well as Web site development and hosting services available by separate agreement.

3. GUARANTEES AND LIMITATIONS

Gaslight Media assures User that it will make all reasonable efforts to maintain and support E-Mail Account Services to the best of Gaslight Media’s ability and consistent with industry standards.

It is however understood and accepted by User that due to the nature of these E-Mail Account Services that there can be interruptions and/or delays with E-Mail Account Services and that there is no guarantee that each and every E-Mail will always arrive at its specified destination, always do so without delay, and do so without loss of data or information.

User understands and accepts that Gaslight Media may at times perform maintenance or repair on E-Mail Account Services or supporting services and that E-Mail Account Services may be unavailable at those times. Gaslight Media agrees to make all reasonable attempts to conduct regular maintenance that might interrupt E-Mail Account Services between 1:00 AM and 6:00 AM local time at Gaslight Media’s offices.

User accepts that E-Mail Account Services are not intended to be used for the long-term storage of E-Mail or other data and understands and accepts that Gaslight Media may expire or remove E-Mail that resides in the Gaslight Media’s computers and systems for more than Ninety (90) days and that stored E-Mail messages may be deleted or lost due to failures or other causes. User is encouraged to retrieve in a timely manner any and all E-Mail that they desire to retain from E-Mail Account Services and store those E-Mail messages on their own systems and under their own responsibility.

User understands and accepts that the anti-SPAM and computer virus filtering of E-Mail provided as a part of E-Mail Account Services is a best effort to limit exposure of User to SPAM and computer viruses via E-Mail Account Services, that the anti-SPAM and computer virus filtering feature is not and cannot be perfect, and assumes all risks associated with any failure of the anti-SPAM and computer virus filtering features of E-Mail Account Services to block any or all such hazards.

User understands and accepts that E-Mail Account Services are not and cannot be perfect and assumes all risks associated with any failure of E-Mail Account Services or the delivery or reception of E-Mail to or from other services, loss of data, or harm to User as a result of using, sending or receiving E-Mail via E-Mail Account Services.

4. TECHNICAL SUPPORT

Gaslight Media agrees to maintain and support E-Mail Account Services and to make all reasonable efforts to ensure that those services are available to User and functional. User understands and agrees that setup, configuration, and operation of User’s computers and E-Mail software is not within the scope of E-Mail Account Services and that support of such is the responsibility of User.

Gaslight Media will provide User with information on the configuration parameters for a number of common E-Mail software applications for use with E-Mail Account Services via content and hyperlinks associated with the E-Mail Account log-in form displayed within the Gaslight Media Web site. Should User not be able to fully utilize E-Mail Account Services without additional assistance, User is advised to obtain that assistance from the consultant or technical assistant of their choosing and is responsible for all expenses resulting from that assistance.

Should User at any time believe there is a problem with E-Mail Account Services, User may contact Gaslight Media and Gaslight Media will verify whether a problem exists with E-Mail Account Services. There will be no charge for this support service, but customer understands and agrees that this support service does not extend beyond verification of whether E-Mail Account Services are responsible for the reported problem and the correction of any problem determined to be with E-Mail Account Services.

Gaslight Media is available to provide technical assistance to User to assist with the use of E-Mail Account Services at a standard rate of $90.00 per hour. If this assistance is provided by Gaslight Media and it is determined by Gaslight Media that a failure or problem with E-Mail Account Services is responsible for the need for this assistance, Gaslight Media will at its discretion waive a portion or all of the fees for this assistance.

It is understood by User and User agrees that Gaslight Media support services are provided only during normal business hours unless specific arrangements are made between User and Gaslight Media for support services at other times.

5. FEES AND PAYMENT

User Account Manager, which may be an individual User for their own E-Mail Account Services, or a separate User Account Manager for the E-Mail Account Services of a group of Users, understands and agrees that Gaslight Media will invoice User Account Manager for initial setup and monthly service of all E-Mail Account Services associated with a User Account Manager, and any additional consulting or support services requested by User Account Manager and that User Account Manager will pay all fees invoiced and due to Gaslight Media on a timely basis.

Fees are calculated based on the number of E-Mail Addresses associated with a User Account Manager. Account setup fees will be invoiced at the time the time Term of Service begins and are payable immediately. Fees for monthly use of E-Mail Account Services will be invoiced one month in advance of the beginning of the month for which those fees apply or at the time Term of Service begins, whichever is later. As such, at the time Term of Service begins setup fees and monthly fees for two months will be payable after which fees for each subsequent month of service will become payable one month prior to the month in which the service is delivered. Technical consulting fees will be invoiced and become payable at the time the consulting services are provided.

The amount of fees payable are as stated below.

$50.00 Setup of E-Mail Account Services using customer’s Internet domain name
(does not include Internet domain name (DNS) services – available under separate agreement)

$2.00 per E-Mail Address per month

$90.00 per hour for requested technical support services

Gaslight Media reserves the right to adjust and revise the fees stated above one (1) month subsequent to both the change of these amounts in the currently posted version of Agreement and notice of such changes in any invoice provided to User Account Manager for existing services.

Gaslight Media may deliver at its discretion invoices for fees either electronically or by U.S. Mail. User Account Manager understands and agrees that fees for monthly E-Mail Account Services will become due each month and failure to receive an invoice for monthly E-Mail Account Services by those means is not a valid reason to delay payment. Similarly, failure of a payment by User Account Manager to reach Gaslight Media in a timely manner is not a valid excuse for delayed payment.

Gaslight Media reserves the right to invoice the User Account Manager fees to cover reasonable costs caused by rejected check or credit card payments and User Account Manager agrees to pay those costs in a timely manner.

Should payments not be received by Gaslight Media by the beginning of the month for which the fees apply or thirty (30) days subsequent to the date of an invoice, whichever is later, Gaslight Media reserves the right to add interest on those fees due at a rate of one and one-half percent (1½%) for each month those fees are overdue or at the highest rate permitted by applicable law, whichever is less.

Gaslight Media reserves the right at its discretion to suspend any and all E-Mail Account Services associated with a User Account Manager should any invoice remain unpaid one (1) month subsequent to the date of any invoice and User Account Manager agrees to pay all outstanding invoices prior to the restoration of services. User Account Manager also agrees that the fees for monthly services will continue to be assessed and invoiced even during suspension unless User Account Manager requests the termination of all services.

User Account Manager agrees to reimburse Gaslight Media for all costs incurred in the collection of overdue payments including all associated legal fees and other expenses.

6. CHANGES AND TERMINATION OF SERVICES

The designated User Account Manager is the sole official contact for all matters related to E-Mail Account Services for all associated Users. No other person or entity may make requests changing the status of any E-Mail Account Service or related to any invoicing or payment.

The current User Account Manager may from time to time assign these responsibilities to another person or entity by notifying Gaslight Media in writing and upon acceptance and approval of the new User Account Manager by Gaslight Media.

User Account Manager may request termination or addition of any E-Mail Account Service at any time and Gaslight Media will make those alterations at is soonest opportunity but not delay those alterations beyond one (1) month subsequent to such request.

Gaslight Media may at its sole discretion immediately terminate any or all E-Mail Account Services should there be a breach of the permitted and prohibited uses below or as necessary to protect the E-Mail Account Services of others or Gaslight Media’s network or systems or those of other providers or users of the Internet. Should such termination of services be at least in part due to a breach of this Agreement by User Account Manager or any associated User, User Account Manager must assume responsibility for the breach and assure Gaslight Media that such breach will not recur before services are restored.

7. PERMITTED AND PROHIBITED USES

User Account Manager and all associated Users agree to conduct all activities associated with E-Mail Account Services in accordance to the following permitted and prohibited uses.

a. Use of E-Mail Account Services is limited to the origination and reception of E-Mail and configuration of User’s own E-Mail Account Services as provided by Gaslight Media’s Web based interface for E-Mail services.

b. User must select and maintain secure passwords for access to E-Mail Account Services that are not easily guessed based on some commonly know factor of User’s identity or situation. Passwords are only considered secure if they include text with mixed capitalization, at least one numeric character, at least one character that is not a letter or number, and are at least 8 characters in length.

c. User must keep passwords used to access E-Mail Account Services confidential and not post or display them in ways that others may reasonably be expected to see them.

d. User may not send any E-Mail for the purpose of advertising or solicitation to any E-Mail Addresses unless the persons responsible for those E-Mail addresses have specifically agreed to receive such E-Mail from the User or an organization with which the User is directly associated regardless of the number of such E-Mail sent nor use any E-mail Address associated with User’s E-Mail Account Services as a destination for contact associated with such advertising or solicitation regardless of whether or not that advertising or solicitation takes place using E-Mail Account Services or other Gaslight Media service.

e. User may not send any E-Mail with the intent to abuse, antagonize or otherwise distress the recipient nor send any content in E-Mail that is prohibited by law nor send any E-Mail with the intent to damage, disable, overload, or otherwise interfere with other computers, networks, systems, or services, nor send any E-Mail with the intent to divulge confidential information or trade secrets to which User has no rights to do so.

f. User may not use or advertise any E-Mail Address associated with User’s E-Mail Account Services as a destination for communications where the intent is to deceive or abuse others or conduct any illegal activity regardless of whether the announcement or advertisement was conducted over User’s E-Mail Account Services or by any other means.

g. User may only initiate contact to a list of E-Mail Addresses via E-Mail Account Services if the persons or organizations associated with all of the addresses in that list have specifically agreed to receive that E-Mail through personal contact with User, a written request to receive such E-Mail, or through a list that uses an industry standard “Double Opt-In” type of acceptance in which all persons associated with addresses in that list have positively approved inclusion in the list. User may not initiate contact to purchased lists of E-Mail Addresses or lists of E-Mail addresses provided by others including E-Mail addresses where the persons or organizations associated with all of those E-Mail addresses have not specifically agreed to receive E-Mail from User or an organization directly associated with User or for a specific purpose agreed to by all persons associated with all addresses in the list.

h. Users may not use E-Mail Account Services for the purpose of avoiding the use of other E-Mail services to the extent of which use of those other E-Mail services are required by contract or law.

i. User may not divulge to others any technical details of E-Mail Account Services other than to facilitate support of User by appropriate technical support consultants.

8. MISCELLANEOUS

Neither party may assign its rights and responsibilities under Agreement without the written consent of the other party.

The waiver of any breach or default under Agreement shall not constitute the waiver of any subsequent breach or default.

User shall indemnify Gaslight Media, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney’s fees, arising from Customer’s breach of any provision of Agreement.

Michigan law shall control in the interpretation of Agreement.

If a dispute arises out of or relates to Agreement, or a breach of Agreement, and if the dispute cannot be settled through negotiation between the parties, the parties agree to first try in good faith to settle the dispute by non-binding mediation with a mutually agreed upon third party. If such mediation is unsuccessful in settling the dispute, either party may submit such dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules, and any decision rendered in such proceeding shall be binding on both parties and may be enforced in any court having jurisdiction.

The terms and conditions of Agreement shall prevail notwithstanding any inconsistent terms and conditions that may be contained in any purchase order or other document submitted by Customer to Provider or any other document or communication submitted by Provider to Customer.

Neither party to Agreement shall be responsible to the other party or any third party for failure to fulfill or delay in fulfilling its obligations under Agreement due to causes beyond reasonable control.

 

Contact info@gaslightmedia.com or call 231-487-0692 with any questions or requests regarding this Agreement or related to E-Mail or other services.