Terms of Service Agreement

Last modified Date: September 19th, 2019 

1. Welcome to EvoGov

Thank you for using our products and services (”Services”). The Services are provided by EvoGov, Inc. (EvoGov), located at 13969 Yellow Tip Drive, Parker, CO 80134 United States. 
By using our Services, you are agreeing to these terms. Please read them carefully.

2. Intended Use of Our Services

The EvoGov Services are offered for the sole purpose of serving websites of EvoGov’s customers, which includes the necessary online software applications (including APIs) that are offered as part of our Services. 

3. Using our Services

You must follow any policies made available to you within the Services. 

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

You MAY use the EvoGov Services for: 

  1. Managing your website content and applications
  2. Management of staff and user customer accounts
  3. Storage of website content including PDFs and other files.
  4. Messaging through our messaging interfaces (additional fees apply). 

You MAY NOT use the EvoGov Services for:

  1. Unsolicited mass marketing emails or SMS messages (spamming).
  2. Use of the website storage for any other purpose than servicing local website content. Use of the website for storing any third party computer or server file backups of any kind is prohibited. 
  3. Hosting files, images, applications, or forms for 3rd party organizations, websites, or applications.
  4. Any unlawful activity. 
  5. Impersonating any other person. 
  6. Harassment or Hate Speech at the discretion of EvoGov’s staff. 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not EvoGov’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

4. Security Scans 

We take security and uptime of our servers very seriously. We do understand that from time to time, our customers may wish to perform security scans against their website(s).

ALL SECURITY SCANS OF YOUR WEBSITE MUST BE SCHEDULED WITH EVOGOV AHEAD OF TIME WITH AT LEAST 24 HOURS NOTICE. 

Please note that when you request or authorize a 3rd party security scan of your website, these scans are not harmless. A security scan will appear to be attacks to our systems. When this happens, security measures are triggered to protect our systems. These measures include firewalls, monitoring systems, error log reporting, and human-monitored systems.

IF EVOGOV HAS TO RESPOND TO A PERCEIVED ATTACK ON OUR SERVERS FROM AN UNSCHEDULED SECURITY SCAN THAT YOU AUTHORIZED, YOUR ORGANIZATION WILL BE CHARGED $135 PER HOUR, AT A ONE HOUR MINIMUM, FOR EACH TIME WE HAVE TO RESPOND TO SUCH AN EVENT.

Any intentional, unauthorized, unnatural load or “stress test” placed on our servers without warning by your organization WILL result in a financial charge from EvoGov. At EvoGov’s discretion, your Services may be terminated without notice if you authorized an unscheduled security scan of our systems which creates a major impact on availability of our Services for other EvoGov customers. 

5. ADA / WCAG Website Compliance

EVOGOV, INC. MAKES NO GUARANTEE OF COMPLIANCE OF YOUR WEBSITE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),  OR THE WEB CONTENT ACCESSIBLITY GUIDELINES 2.0 RECOMMENDATION (WCAG 2.0). EVOGOV, INC. MAY MAKE RECOMMENDATIONS TO CUSTOMERS REGARDING 3RD PARTY SERVICES THAT CAN MONITOR YOUR WEBSITE FOR COMPLIANCE-RELATED ISSUES  WHICH MAY OFFER OTHER COMPLIANCE RELATED SERVICES. NO SERVICES PROVIDED BY THIRD PARTY VENDORS ARE GUARANTEED BY EVOGOV, INC AND NO WARRANTY FOR SUCH SERVICES IS PROVIDED.

6. Search Engine Optimization Performance

EVOGOV, INC. DOES NOT GUARANTEE ANY LEVEL OF PERFORMANCE OF YOUR WEBSITE WITH SEARCH ENGINES (i.e. Google.com). EVOGOV DOES MAKES NO WARRANTY TO THE ACCURACY OF SEARCH RESULTS, THE PAGE OF SEARCH ENGINE RESULTS IN WHICH YOUR WEBSITE IS LISTED, OR THE ACCURACY OF CONTENT ON SEARCH ENGINES. EVOGOV, INC. DOES NOT GUARANTEE THAT SEARCH ENGINE INDEXING PROGRAMS, BOTS, OR SPIDERING PROGRAMS WILL REACH AND INDEX ALL OF YOUR WEBSITE'S DATA.

7. Your EvoGov Account

You may need to create an Account in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer. Different or additional terms may apply from your employer, and your administrator may be able to access or disable your account.

To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If you learn of any unauthorized use of your password or Account.

WARNING: SHARING OF ANY USER LOGIN INFORMATION TO EVOGOV, INC. SERVICES WITH A THIRD PARTY IS A VIOLATION OF THESE TERMS OF SERVICE AND MAY LEAD TO IMMEDIATE TERMINATION OF ALL SERVICES FOR YOUR ORGANIZATION. YOU ARE RESPONSIBLE FOR SECURING YOUR LOGIN INFORMATION, AND ANY LIABILITIES CREATED FROM THE SHARING OF YOUR ACCOUNT INFORMATION. ANY SECURITY-RELATED CLEANUP WORK PERFORMED BY EVOGOV, INC. RELATED TO YOUR SHARING OF LOGIN INFORMATION WILL RESULT IN ADDITIONAL FINANCIAL CHARGES AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT WITH NO REFUND.

8. Privacy and Copyright Protection

EvoGov’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that EvoGov can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online.

9. Your Content in our Services 

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, you give EvoGov a worldwide license to host and store the content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new ones. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

10. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

Cancellation of services is covered in our Master Services Agreement with your organization. Google may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

11. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, EVOGOV DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

EVOGOV MAKES NO GUARANTEES NOR ACCEPTS RESPONSIBILITY FOR ANY LEVEL OF COMPLIANCE OF OUR SERVICES WITH; THE AMERICANS WITH DISABILITIES ACT (ADA),  508 3C, OR THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) 2.0.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

12. Liability for our Services

WHEN PERMITTED BY LAW, EVOGOV WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EVOGOV, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, EVOGOV WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

13. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

14. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between EvoGov and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Colorado, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Douglas County Colorado, USA, and you and EvoGov consent to personal jurisdiction in those courts.

For information about how to contact EvoGov, please visit our contact page.