If your company engages Mimecast to provide Mimecast’s service, your company and Mimecast will enter into a separate agreement that will, among other things, govern the use of those services and all of the information and data collected and maintained by Mimecast in connection with the operation of the service, including data collected through certain features made available to customers through the Site. Any agreement between your company and Mimecast will take precedence over any conflicting provision in this Acceptable Use Policy.
If you have questions about this Acceptable Use Policy or otherwise, you can reach us using the contact information provided below. We reserve the right to change this Acceptable Use Policy from time to time and your use of the Site and any Forums will be governed by the Acceptable Use Policy in place at the time of your use.
This Acceptable Use Policy was last updated on June 6, 2016.
When registering to use a Forum, you agree to provide true, accurate, current, and, to the extent requested, complete information. It is your responsibility to update the account information accordingly. If the information provided is fraudulent, untrue, inaccurate, incomplete, or not current, or, in our reasonable opinion, we suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse all future use of our Forums.
Postings and Moderation
You are solely responsible for the content of all Postings submitted by you.
Mimecast may, but is not obligated to, moderate or review the content of any activity taking place on the Forums. Mimecast may edit or remove content on the Forums in our sole and absolute discretion at any time.
We do not control the material submitted to Forums by users. Such material includes information, data, text, messages, photographs, videos, images, graphics, audio recordings and other material (collectively, “Postings”). You acknowledge that we cannot be held responsible for the behaviour of Forum users, whether within a Forum or outside. We only provide a venue from which the Forums may be accessed. You acknowledge that all Postings consisting of information, opinions or reviews express the views of their respective authors, and not our views or those of any of our affiliates.
We reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you. While we will attempt to remove or edit any objectionable material (where we agree) that is brought to our attention as quickly as reasonably possible, you acknowledge that we do not pre-screen Postings. As a result, there is always a possibility that, by using a Forum, you may be exposed to content that you find objectionable.
Complaints about the content of any Posting should be sent to email@example.com and must contain details of the specific Posting giving rise to the complaint. If we do decide to moderate a Forum, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards for Postings
These content standards apply to all Postings that you contribute to the Site. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Posting as well as to its whole.
- be relevant to the purpose of the Forum and the nature of any topic;
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable laws, rules, and regulations.
Postings must not:
- contain any confidential or proprietary information;
- contain any material which is defamatory of any person or entity;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be threatening, abusive or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- contain or promote sexually explicit material;
- promote violence or aggression;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- contain any material which infringes any intellectual property right or other right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocate, promote or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse.
- be likely to mislead or deceive any person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- give the impression that they emanate from us, if this is not the case.
Right to Submit and Use Postings
You acknowledge that you are responsible for ensuring that you have the right to submit all Postings you contribute to post to any Forum and that no content of any such Posting infringes on the intellectual property rights or other rights of any person, and that you have obtained the permission of any person, other than yourself, who appears in any photograph, video or likeness you submit as part of that content.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Trademarks, Copyright, and Infringement
Mimecast respects the intellectual property rights of others, and we request that individuals using our websites do the same. Mimecast processes claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et. seq (the "DMCA"). If you believe that your copyrighted work has been reproduced on a Mimecast website in a way that constitutes copyright infringement, please provide written notice to Mimecast’s Copyright Agent. Such notice must include the following information:
- Your name, address, telephone number, and email address
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit Mimecast to locate the material.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner of an exclusive copyright that is allegedly being infringed.
We will remove content from our website that infringes the copyright of others, and to the extent we are able to do so, we will disable access to our website by anyone who repeatedly infringes the intellectual property rights of others.
Mimecast’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Associate General Counsel
480 Pleasant Street
Watertown, MA 02472
In regards to videos and exams available on Mimecast websites such as Mimecast Academy, please be advised that you may view and print the information available on Mimecast Academy, provided that: (a) you do not modify any such content; and (b) you do not modify or remove any copyright or other ownership notice. You may not download any content from Mimecast Academy unless you see a “download” or similar link displayed by Mimecast for that content. You may not: (a) make any commercial use of such content; (b) include such content in or with any service or product that you create or distribute; (c) copy such content onto your or any other person's website; or (d) in any way discuss or publicize the content of Mimecast Academy courses or exams. No other use is permitted.
Suspension and Termination
If you do not agree to be bound by this Acceptable Use of Policy, you must cease use of the Site and any Forums. If you are dissatisfied with the Site, the Forums, the content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Site and any Forums.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of any Forum. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of our terms and conditions of use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent removal of any Posting uploaded by you to any Forum;
- immediate, temporary or permanent withdrawal of your right to use any Forum;
- revocation of any Academy certification issued to you;
- legal proceedings against you for reimbursement of all loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Links to other Materials
The Site and any Forums may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control and are not responsible for any content posted on these sites. The fact that these links are offered or included in Postings should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein. We reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Site or any Forums. If you choose to access any of the third party sites linked to by the Site or in any Forum, you do so entirely at your own risk. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
You agree to defend, indemnify and hold harmless Mimecast from and against any and all claims, suits, proceedings, regulatory actions, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Site and any Forums, including, without limitation, your violation of this Acceptable Use Policy and/or the infringement by you, or any other user of your account, of any intellectual property right or other right of any person or entity.
THE SITE AND FORUMS AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIMECAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. MIMECAST MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE OR FORUMS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR THE FORUMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MIMECAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE FORUMS OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREON.
IN NO EVENT SHALL MIMECAST BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE OR ANY FORUMS, EVEN IF MIMECAST MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MIMECAST SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE OR THE FORUMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIMECAST OR THROUGH MIMECAST, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR THE FORUMS, THAT YOUR USE OF THE SITE OR THE FORUMS IS AT YOUR SOLE RISK.
Please submit any questions you have about this Acceptable Use Policy or any problems concerning the Site or any Forums by email to firstname.lastname@example.org