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locationCloud Services Agreement

The following is an agreement between Netmail and you, the Customer, for hosted services of any Netmail product.

Agreement

Netmail Hosted Services are offered on an annual, per-user basis. Prior to the end of the subscription period, customers will be contacted with current options and renewal pricing. Using Netmail Hosted Services means that you agree to the terms included in this document.

SLA (Service Level Agreement)

Netmail Hosted Services will be available and operational to Customer with an uptime guarantee ("SLA Target") of at least 99.9% of the time in any calendar month. If we do not meet this SLA Target, and if Customer meets all obligations set forth in this agreement, Customer will be eligible to receive Service Credits, as we have defined below, which will be added to the end of the subscription period as an extension. The Customer agrees that these service credits are the sole and exclusive remedies for any breaches of the SLA Target. Scheduled or emergency maintenance and upgrades is excluded from downtime calculations, as are issues relating to end-user Internet connectivity or general Internet congestion.

Monthly Uptime Percentage

Service Days added to the Service Period

< 99.9% - >= 99.0%

3

< 99.0% - >= 95.0%

7

< 95.0%

15

Proprietary Rights and Safeguards

Customer maintains all title and rights to its material and data in Netmail Hosted Services. This agreement grants Netmail zero rights to the aforementioned material and data. You grant permission to Netmail and our licensors to use the materials and data only as necessary to provide Netmail Hosted Services to you. If you are using Netmail Hosted Services on behalf of another party, then you warrant you have the authorization to do so. We may monitor the use of Netmail Hosted Services by all of our customers, and use the gathered data in an anonymous and aggregated manner in order to improve the service. We will not share, disclose, or make available any of your data to any third party except as required by law. Netmail maintains industry best practices as well as commercially appropriate physical, administrative and technical safeguards to protect Customer material and data.

You consent to the processing of data in Canada and the United States.

Prohibited Uses

Files sent, or caused to be sent to or through Netmail Hosted Services, or other usage of the Services may not:

  • Use or contain invalid or forged headers;
  • Use or contain domain names that are invalid or non-existent;
  • Employ any technique to misrepresent, hide or otherwise obscure any information that identifies the point of origin or the transmission path;
  • Use other means of deceptive addressing;
  • Use a third party's internet domain name or equipment without their consent;
  • Contain false or misleading information, in the subject line or otherwise;
  • Be sent to an address obtained via any surreptitious methods such as harvesting;
  • Be threatening, abusive, harassing, stalking, or defamatory;
  • Invade another's privacy or otherwise violate another's legal rights;
  • Contain vulgar, obscene, indecent or otherwise unlawful material;
  • Infringe the intellectual property right(s) of a third party in any way;
  • Contain viruses or files known to be corrupted;
  • Compromise the system, disable, overburden, impair the service, or render it unusable for any other user;
  • Constitute spam, whether bulk or unsolicited;
  • Is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada's Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your email recipient's country of residence.

Netmail will not be held responsible if Customer's domain name is blocked by ISPs for sending spam.

The Customer agrees not to willfully tamper with the security of Netmail Hosted Services, which includes but is not limited to accessing data that does not belong to you, attempting to probe vulnerabilities in the Netmail Hosted Services system, hacking, spoofing, mailbombing, transmitting or propagating any virus, worm, spyware, adware or any other malware or malicious code, or lease, distribute, sell, or otherwise make Netmail Hosted Services commercially available to a third party, or provide any evaluation of Netmail Hosted Services to a third party without prior written consent from Netmail. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

Limitation of Liability

Netmail is not responsible for unauthorized access or modification of your data while in electronic transmission to or from the Netmail data center. Netmail is not responsible for missing, corrupted or compromised data that results from incorrect transmission or misuse of Netmail Hosted Services. Netmail is not liable for compensation to the Customer for delay of service beyond the remedies outlined in the SLA terms above.
Neither Netmail nor Customer will be liable to each other for any indirect, incidental or consequential damages of any type, including but not limited to any consequential, incidental, indirect or special damages or loss, lost profits or lost data, arising out of or in connection with (a) the agreement or the services, (b) the results or operation of any system resulting from implementation of any recommended plan or design or (c) the loss of use of the software, hardware or any other software or data, including the inability to achieve a particular result, even if one or the other of us have been advised of the possibility of the damage and even if one of the parties asserts or establishes a failure of essential purpose of any limited remedy provided in the agreement. Under no circumstances will Netmail be liable to the Customer or the Customer be liable to Netmail for any amount in excess of the subscription fee for one year. This limitation of liability applies to all types of legal theories, including but not limited to contract, tort, professional liability, product liability, warranty or otherwise.