This page states the Terms
and Conditions under which you, the Web Site visitor ("You") may use
this Web Site, which is owned by Gaballi LLC. Please read this page carefully.
By using this Web Site, You agree to be bound by all of the Terms and
Conditions set forth below. If You do not accept these Terms and Conditions,
please do not use this Web Site. Gaballi may, in its sole discretion, revise
these Terms and Conditions at any time; therefore, You should visit this page
periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text, graphics, images, downloadable marketing material and other content (the
"Site Material") are protected by copyright under both United States
and foreign laws. Gaballi LLC authorizes You to view and download a single copy
of the Site Material for your personal use. In the case of Host Site downloads,
Host Sites can download for hand out to their congregation. Unauthorized use of the Site Material violates
copyright, trademark, and other laws. You agree to retain all copyright and
other proprietary notices contained in the original Site Material on any copy
You make of such material. You may not sell or modify our Site Material or
reproduce, display, distribute, or otherwise use the Site Material in any way
for any public or commercial purpose. Use of the Site Material on any other web
site or in a networked environment is prohibited.
Trademarks
The names, marks and logos appearing included in the Site Material are, unless
otherwise noted, trademarks owned by or licensed to Gaballi LLC. The use of
these marks, except as provided in these Terms and Conditions, is prohibited.
From time to time, Gaballi LLC makes fair use in this Web Site of trademarks
owned and used by third parties. Gaballi LLC makes no claim to ownership of
those marks.
User Submissions
Gaballi LLC welcomes Your comments on our Web Site and products. However, You
acknowledge that if You send us creative suggestions, ideas, notes, drawings,
concepts, inventions or other information (collectively, the
"Information"), the Information shall be deemed, and shall remain Gaballi
LLC's property. Generally, any communication which you post to the Web Site or
transmit to Gaballi LLC over the Internet is considered to be, and will be
treated as, non-confidential. If particular Web pages permit the submission of
communications which will be treated by Gaballi LLC as confidential, that fact
will be clearly stated on those pages. Without limitation of the foregoing, by
submission of any Information to us, You assign to us and we shall exclusively
own all now known or hereafter existing rights to such Information of every
kind and nature throughout the universe and shall be entitled to unrestricted
use of the Information for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the information.
As
a user of this Web site, You are responsible for Your own communications and
are responsible for the consequences of their posting. Therefore, do not do any
of the following things: transmit to us material that is copyrighted, unless
You are the copyright owner or have the permission of the copyright owner to
post it; send material that reveals trade secrets, unless You own them or have
the permission of the owner; send material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights of
others; send material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or
entity; send sexually-explicit images; send advertisements or solicitations of
business; send chain letters or pyramid schemes; or impersonate another person.
Gaballi
LLC reserves the right to expel users and prevent their further access to this
Web Site for violating these terms or the law and reserves the right to remove
any communications from this Site.
APPLICANTS FOR EMPLOYMENT - YOUR WARRANTIES
By submission of application materials to Gaballi LLC (including, without
limitation, resumes and responses to questions set forth on our electronic
applications), You warrant to Gaballi LLC that You are at least 18 years of age
and that all information submitted by You to Gaballi LLC is true and correct.
You further warrant that such materials and information is submitted in good
faith and based upon a bona fide interest in obtaining employment. Your
submission of a resume, on-line application, or other related materials to Gaballi
LLC does not guarantee you employment with Gaballi LLC or any Gaballi LLC
clients. In addition, if you are ever hired by Gaballi LLC, your employment
will be on an "at will" basis. That means, either you or Gaballi LLC
may terminate the employment relationship for any reason, at any time, upon
reasonable notice.
Limitation of Liability
Although Gaballi LLC strives for accuracy in all elements of the Site Material,
it may contain inaccuracies or typographical errors. The content of all resumes
and Job Postings is the sole responsibility of the individual or corporate
entity submitting such material to Gaballi LLC. Additionally, while users of
this Site are bound by these terms and conditions not to submit false material,
Gaballi LLC cannot be responsible for the violation of these terms by users, or
for the reliance by users upon false or misleading material submitted by other
users. Gaballi LLC makes no representations about the accuracy, reliability,
completeness, or timeliness of the material on this Web Site or about the
results to be obtained from using the Web Site. You use the Web Site and its
material at your own risk.
GABALLI LLC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN
ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, GABALLI LLC SHALL NOT BE RESPONSIBLE FOR THOSE
COSTS OR EXPENSES.
THIS WEB SITE AND ITS
MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. GABALLI LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
ALTHOUGH GABALLI LLC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS
SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL GABALLI
LLC, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GABALLI
LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
This Web Site contains links to web sites owned by third parties. These links
are provided solely as a convenience to You and are not an endorsement by Gaballi
LLC of the contents on those other sites. Gaballi LLC is not responsible for
the content of any linked sites and makes no representations regarding the
content or accuracy of materials on such sites. If You decide to visit any
third-party sites using links from this Web Site, You do so at your own risk.
Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless Gaballi
LLC, its officers, directors, employees and agents, from and against any and
all losses, claims, damages, costs and expenses (including reasonable legal and
accounting fees) that Gaballi LLC may become obligated to pay arising or
resulting from your use of the Site Material or your breach of these Terms and
Conditions. Gaballi LLC reserves the right to assume or participate, at your
expense, in the investigation, settlement and defense of any such action or
claim.
Privacy
Miscellaneous
This Web Site originates from Tampa, Florida. Gaballi LLC does not claim that
the Site Materials on this Web Site are appropriate or may be used outside of
the United States. Access to the Site Materials may not be legal by certain
persons or in certain countries. If You access the Web Site from outside of the
United States, You do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
These
Terms and Conditions are governed by the substantive laws of the State of
Florida, without respect to its conflict of laws principles. You agree to
submit to the jurisdiction of the courts situated in Hillsborough County, State
of Florida with respect to any dispute, disagreement, or cause of action
related to or involving this Web Site. If any provision is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any of
these Terms and Conditions shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided elsewhere in our Web
Site, these Terms and Conditions constitute the entire agreement between You
and Gaballi LLC with respect to your use of this Web Site.
Using our Email system
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists", purchased lists, and selling of
lists will be treated as spam. Any user who sends out spam will have their
account terminated with or without notice.
Sites
advertised via SPAM (Spamvertised) may not use our servers. This provision
includes, but is not limited to SPAM sent via fax, phone, postal mail, email,
instant messaging, or usenet/newsgroups. No organization or entity listed in
theROKSOmay use our servers. Any account which
results in our IP space being blacklisted will be immediately suspended and/or
terminated.
Gaballi
LLC reserves the right to require changes or disable as necessary any account that does not comply with its
established policies, or to make any such modifications in an emergency at its
sole discretion.
Gaballi
LLC reserves the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee or any charges incurred for blacklist
removal. This cost of the clean up fee is entirely at the discretion of Gaballi
LLC.
IN SHORT JUST SEND EMAILS TO FRIENDS AND FAMILY, DO NOT SEND TO
PEOPLE YOU DO NOT KNOW.
Limits
There is a 500 outgoing email hourly limit per member. If you send over this amount in any hour, most
of the e-mails will bounce back with an undeliverable error. If this occurs, it
will then take some time for your account to be able to send again so we
recommend waiting at least 1 hour after this issue occurs to begin sending
email again.
Many
of our servers have a limit of 30 POP3/IMAP checks per hour per each user's
connecting IP address. If you go over this you're likely to get a wrong
password error message or an error stating "login incorrect". If this
occurs, please wait an hour and it will automatically unblock you. To prevent
this from happening again, please make sure to disable auto checking or at
least set it to something higher such as once every 10 minutes.
Any
mailing list larger than 5,000 addresses will require a dedicated server or VPS
hosting solution from a third party . Note: Dividing one large list into
smaller lists to get below this limit is not allowed.
There
is also a limit to the number of Mailman mailing lists permitted as follows
(NOTE: This does not apply to other mailing list programs such as PHPList. This
only applies to Mailman.)
- Hatchling package: 20 Mailman
mailing lists
- Baby package: 25 Mailman
mailing lists
- Business package: 50 Mailman
mailing lists
- Reseller and Dedicated
packages: Unlimited number of Mailman mailing lists
Mailing Lists Rules
1.
Any mailing list over 900 email addresses is only allowed to be sent to during
off-peak times to prevent high server loads. Off peak times qualify as all day
Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through
Friday.
2.
The list must be a Double Opt-In list. This means a user has subscribed for a
newsletter or other email marketing messages by explicitly requesting it and
confirming the email address to be their own. Confirmation is usually done by
responding to a notification/confirmation email sent to the email address the
end user specified. The double opt-in method eliminates the chance of abuse
where somebody submits someone else's email address without their knowledge and
against their will. You will not be permitted to mail any mailing list that you
were given or purchased. In doing so, this will also be considered spamming and
may result in termination of the offending account.
Email
Scripts must be able to handle and document all information from a double
opt-in list. This includes processing opt-outs (via web or email) and list
removal on bounce backs. All opt-outs or bounce back removals must be handled
in a timely manner, and outbound mail must be throttled on shared packages to a
maximum of five hundred (500) emails per hour. If your account is found to be
using a script that does not meet these requirements, Gaballi LLC reserves the
right to suspend, terminate, or deactivate your account for any violation.
3.
Any unsolicited e-mail being sent will result in suspension or termination of
the offending account. We take a zero tolerance stance against sending of
unsolicited e-mail and other forms of spam.
4.
Any mailling list MUST comply with all guidelines set forth by the United
States government. These can be found at:
5.
No direct SMTP mailers are allowed. An example of this would be a Darkmailer or
The Bat!. Any mail should be sent through the local mail server/MTA for further
delivery by the server and not done directly by scripts.36
