Acceptable Use Policy

This “Acceptable Use AUP” (the “AUP”) is incorporated into each and every Services Agreement (“Agreement”) and/or other agreement between GoGig and You (each an/the “Agreement”); the defined terms of each Agreement in question, and all of the linked content referenced in the “Terms and Conditions” at www.gogig.com/terms-and-conditions, are incorporated herein by reference.  

1. Purpose of AUP.  GoGig created the AUP to enhance and protect the use of the Services.  The AUP details when and under what circumstances GoGig may suspend or terminate Your use of the Services.  By using the Services, you consent and agree to be governed by the AUP, as modified and published from time to time by GoGig in its sole discretion.  GOGIG MAY MODIFY THE AUP AT ANY TIME, EFFECTIVE UPON THE SOONER OF POSTING THE MODIFIED AUP ON THE GOGIG WEB SITE. YOU AGREE TO COMPLY WITH ANY SUCH MODIFIED AUP AND AGREE TO REVIEW THE AUP REGULARLY.

2. General Use.  You agree to use the Services only in a manner that, in GoGig’s sole determination and judgment, is consistent with the AUP.  You will not engage in any activity (whether legal or illegal) that results in harm to GoGig, the Services, or any other user, or that interferes with GoGig’s provision of, or any user’s use or enjoyment of, any of the Services.  In addition to the foregoing, You will not engage in any of the content prohibitions defined and described hereinafter.

3. Content Generally.  All users of the Services shall be entitled to have an enjoyable experience every time they use the Services.  GoGig reserves the right, but is not obligated, to immediately suspend or terminate Your access to and/or use of any or all of the Services at any time, if GoGig determines, in its sole discretion, that Your actions or conduct in using any of the Services violates any of the following prohibitions under the AUP:

3.01. Content Harmful or Offensive to Third Parties.  You shall not upload, download, post, send, distribute, display, forward, store, publish, or otherwise transmit (individually and collectively defined as “Disclose”) any message, data, information, image, text, or other material (individually and collectively defined as “Content”) that, in GoGig’s sole determination and discretion, is deemed unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, stalking, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties.

3.02. Unlawful Content.  You will not Disclose any Content that would constitute or encourage a criminal offense, violate the rights of any party, would create liability, or violate any local, state, federal, or international law.

3.03. Infringing Content.  You will not Disclose any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.  You understand and agree that infringement may result from the unauthorized copying, posting, sharing, or distributing of ringtones, graphics, pictures, photographs, logos, software, articles, music, or videos.  By posting, sharing, or distributing any Content, You represent and warrant that You have the lawful right to do so.

3.04. Harassing Content.  You will not send any harassing email, text message, or multimedia message using language, images, frequency, or size.

3.05. Impersonation.  You will not impersonate any person or entity, otherwise misrepresent Your affiliation with any person or entity, or provide false data on any signup form, contract, or online application, including, but not limited to, fraudulent use of credit card numbers or information.

3.06. Interference.  You will not do anything to interfere with the use by others of the Services.

3.07. Deceptive Content or Spam.  When using email, text messaging services, or multimedia messaging services, You will not Disclose any deceptive Content, including, without limitation:

3.07.1. pyramid or other schemes, offerings;

3.07.2. fraudulent goods, services, or promotions; or

3.07.3. messages with falsified, hidden, or misleading headers or addresses.

3.08. Violating Privacy.  You will not:

3.08.1. Disclose any form of unsolicited “spam” (defined as electronic messages sent to multiple email addresses or devices where the recipient has not consented to receive such messages, except messages whose primary purpose is to facilitate, complete, confirm, provide, or request information about a commercial transaction, an existing employment relationship, or an existing commercial relationship that the recipient has previously agreed to enter into with the sender or that is made possible through the Application);

3.08.2. Disclose an unsolicited advertisement to a facsimile machine or any other device capable of receiving facsimiles without the prior express consent of the recipient;

3.08.3. harvest personal information about other users, including Internet addresses, without the prior express consent of such users;

3.08.4. gather or use, without prior express consent, contact information that is made available through the Services for the further purpose of transmitting unsolicited mass communications, whether through email, direct mail, telephone, or facsimile;

3.08.5. send unsolicited bulk email, texts, or messaging; or

3.08.6. otherwise invade, or facilitate the invasion of, the privacy of any third party in any way.

3.09. Excessive Messages.  You will not Disclose any email, text messages, or multimedia messages in a volume that is excessive or places a burden on the network or systems of GoGig or any other provider.

3.10. Unapproved Promotions or Advertising of Goods or Services.  Without the prior written permission of GoGig, which permission may be withheld in the sole discretion of GoGig, You will not Disclose, using any of the Services:

3.10.1. any unsolicited promotions of goods or services; or

3.10.2. any advertising, promotional materials, or other solicitation of other users for goods or services.

3.11. Advertising Unlawful Products.  You will not advertise (including, without limitation, by hosting a Web site), transmit, or otherwise make available any software, program, product, or service that violates the law or the AUP, which facilitates spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

3.12. Content Harmful to Other Systems.  You will not Disclose harmful Content, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer-programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.

4. Network Usage Prohibitions.  Violations by You of security relating to the network and/or systems of the Application and/or Services are prohibited and may result in criminal and civil liability; GoGig may determine, in GoGig’s sole judgment, whether any of Your actions or conduct in connection with the use of the Services constitute security violations.  GoGig shall have the right to investigate incidents involving such alleged violations which may involve cooperation with law-enforcement authorities if a criminal violation is suspected. Examples of such security violations include, without limitation, the following conduct or actions which You shall not facilitate or engage in:

4.01. Hacking.  Unauthorized access to or use of data, including, without limitation, any attempt to circumvent user authentication or security of any host, network, or account, hacking, cracking, port scans, or flood pings, unauthorized monitoring of data or traffic, interfering with service to any user, host, system, or network, conducting denial of service attacks, distributing or introducing viruses, Trojan horses, worms or other harmful software, or any other any attempt to disrupt any service.

4.02. Interception.  Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the network or system.

4.03. Intentional Interference.  Interference with any of the Services, including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, or broadcast attacks.

4.04. Falsification of Origin.  Forging any TCP-IP packet header, email header, or any part of a message header, but not including the use of aliases or anonymous remailers.

4.05. Avoiding System Restrictions.  Using manual or electronic means to avoid any use limitations placed on the Services.

4.06. Excessive Use.  Consuming excessive resources of the Services, including CPU time, memory, disk space, or session time, or using resource-intensive programs that negatively impact other users or the performance of the network and system supporting the Services.

4.07. Sharing Passwords.  Sharing passwords or accounts of others without their express consent.

4.08. Misuse of Software.  Using any Software downloaded from or provided by GoGig in any manner other than in accordance with the end-user license agreement accompanying the Software.

4.09. Violation of Law.  Violating any local, state, federal, or international law, statute, agency decision, regulation, ordinance, executive order, or any other legally-binding governmental directive, including, without limitation, the federal CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713, 18 U.S.C. § 1037), or the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).

5. Enforcement of the AUP.  GoGig reserves the right to monitor its Services and to take any action GoGig deems appropriate based on information discovered in connection with any such monitoring.  GoGig may investigate incidents involving alleged violations of the AUP, may cooperate with law-enforcement authorities and other third parties, and may take any action GoGig deems appropriate based on information discovered by such investigations.  GoGig reserves the right, but does not assume the obligation, to strictly enforce the AUP by, without limitation, issuing warnings, suspending or terminating the Services, refusing to transmit, removing, screening, or editing Content prior to delivery, or actively investigating violations and prosecuting them in any court or appropriate venue.  You acknowlGoGig and agree that failure by GoGig to take action in response to any violation of the AUP by any other user of the Services will not be deemed a waiver of GoGig’s right to take action in response to any other violation of the AUP. GoGig may access, use, and disclose information about Your use of the Services and any Content transmitted by You via the Services to the extent permitted by law, in good faith reliance on legal process (e.g., a lawful subpoena), to enforce or apply the Agreement, to initiate, render, bill, and collect for the Services, to protect GoGig’s rights or property, to protect users of the Services from fraudulent, abusive or unlawful use of, or subscription to, the Services, or if GoGig believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or records without delay.  INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY USING THE SERVICES PROVIDED TO YOU, SHALL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.

6. Your Responsibility.  You are solely liable for any transmissions You initiate through the Services or any Content you Disclose.  Unless You are using Services that legitimately require or allows anonymity, You will always use Your real name in online communications.  You agree to indemnify and hold GoGig harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made or incurred by any third party arising out of or relating to Your violation of the AUP.

7. Updating the AUP.  GoGig will revise and update the AUP as and when GoGig’s business practices change, as technology changes, or as GoGig supplements or modifies existing Services.  If GoGig makes any material changes to the AUP, GoGig will post an “update” notice on GoGig’s Web Site and change the date of the AUP. You are required to regularly refer back to GoGig’s Web Site for the latest information and version of the AUP.

11. Reporting Violations.  Please report any activity believed to be in violation of the AUP by email to: abuse@gogig.com or mail to:

GoGig Jobs Inc.

Attn:  AUP Reports of Violations

1499 South Federal Highway, #239, Boynton Beach, FL 33435

Each report must include a valid return address.  To enable GoGig to independently verify each instance of alleged violation, please include, if possible, in Your report:

11.01. the IP address used to commit the alleged violation;

11.02. the date and time of the alleged violation; and

11.03. any evidence of the alleged violation including, if applicable, the complete text of the message, including all headers, and not just excerpted parts of the message.

Sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context.  Full headers demonstrate which path the message has taken and may enable GoGig to determine whether any part of the message has been forged.

12. Contacting GoGig.  If You have any questions, comments, or concerns about the AUP, please write to GoGig at:

GoGig Jobs Inc.

Attn:  AUP Questions

1499 South Federal Highway, #239, Boynton Beach, FL 33435