Mail Hosting Services Product Terms

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Mail Hosting Services Product Terms

1.ADDITIONAL DEFINED TERMS

“EFFECTIVE DATE” means the date on which you have submitted a signed Agreement for Mail Services and we have received your payment for the first month’s service.

“JUNK MAIL” means email that is captured by our mail filter and other email that is reported by you to Consulting Networks as undesirable.

“MAIL SERVICE” or “Mail Services” means the Consulting Networks Email, and/or other email service described in your Agreement, plus Support, as defined below. Mail Services does not include any mail applications that Consulting Networks licenses for use on a Hosted System.

“SENSITIVE DATA” means any: (i) personally identifiable information or information that is referred to as personal data (including sensitive personal data), PII (or other like term) under applicable data protection or privacy law and includes information that by itself or combined with other information can be used to identify a person, (ii) trade secrets, (iii) financial records (iv) other sensitive, regulated, or confidential information.

“SUPPORT” means (i) management of the Mail Service by a customer care team that includes individuals trained in the system you select, and (ii) availability of support twenty- four (24) hours per day, seven days per week, year round.

2.MAIL HOSTING SERVICES

2.1 ADMINISTRATION. You are responsible for administering your Mail Service, including adding mailboxes, adding wireless or other service components, adding storage capacity, managing settings, and configuring spam filters unless Consulting Networks agrees in writing to administer such changes and features. If Consulting Networks agrees make changes to your Mail Service for you there may be a delay between the date upon which you request a change and the date upon which such change is applied. If Consulting Networks agrees to apply a custom transport rule to your Mail Service on your behalf you agree that you are responsible for the consequences of such custom transport rule.

2.2 SERVICE LEVEL AGREEMENT (“SLA”). Your Mail Service will be available 100% of the time in a given calendar month, excluding maintenance.

2.2.1 DOWNTIME. Your Mail Service shall be deemed available for the purposes of this SLA unless you are unable to send or receive mail as a result of a failure of your Mail Service (“Downtime”) Downtime does not exist if you are unable to send or receive mail as a result of a failure outside of Consulting Networks reasonable control, such as your connection to the Internet or your systems. Consulting Networks will perform maintenance on the Mail Services on a regularly scheduled basis within its published maintenance windows, which will be announced on our system status page (http://mail.connet.co.uk). Consulting Networks may also perform unscheduled emergency maintenance if needed to address new security threats or other non-routine events. A delay that may occur while the Mail Service makes planned transitions between redundant system elements is considered maintenance. If Consulting Networks expects any maintenance to take more than 20minutes, it will make reasonable efforts to post an announcement on the system status page at least 7days in advance of the maintenance, but we do not guarantee such notice. Delivery delays are considered down time while mail is not being processed.

2.2.2 CREDITS. If Consulting Networks fails to meet this SLA, you are eligible for a credit as follows:

a) If the Downtime continues for 5 consecutive hours or more, you may request a credit equal to the monthly recurring fee for the affected Mail Service (Consulting Networks Hosted E-Mail) multiplied by the percentage of your mailboxes affected (the ” Maximum Credit”); or

b) If the Downtime continues for less than 5consecutive hours, then you may request a prorated portion of the Maximum Credit equal to the number of minutes of Downtime divided by 5hours (300 minutes).

You are not entitled to a credit (i) if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach; (ii) if the event giving rise to the credit would not have occurred but for your breach of the Agreement; or (iii) for any Mail Services that are terminated or removed by you during an affected month. You must request a credit through your control panel within 7 days following the end of the Downtime. Your request must describe the Downtime, including the specific Mail Service affected, the start and end time of the Downtime, a percentage or list of mailboxes affected, and specifically how your use of the Mail Service was adversely affected. Consulting Networks will apply any credit that is due against your next invoice for the Mail Services. The maximum total credit(s) for failure to meet any applicable SLA for any calendar month shall not exceed 100%of the then current monthly recurring fee for the Mail Services.

3.LIMITATIONS ON MAIL SERVICES

3.1 FILTERING. Consulting Networks provides certain services designed to filter unwanted incoming email, such as spam, phishing scams, and email infected with viruses and designed to filter outgoing email, such as email containing certain Personal Data (the “Filtering System”). You acknowledge that the technological limitations of such filtering services will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses or containing Sensitive Data. Email that is quarantined by the Filtering System is excluded from the SLA.

3.2 DELIVERY FAILURES. Consulting Networks will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.

3.3 You hereby release Consulting Networks and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of the Filtering System to capture unwanted email or from the capture of legitimate email; or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.

3.4 MEMORY LIMITATIONS. Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor the storage capacity of individual mailboxes as needed. Enabling features of your Mail Services designed to prevent deletion of emails may cause you to consume increased storage capacity, may incur additional storage fees, and may fail if you do not have adequate storage capacity. An individual email message that exceeds the per-message size limit of 50MB (including attachments) may also be permanently lost.

3.5 BACKUPS. Depending on the type of system you are using, deleted items may be recoverable in certain circumstances; you should contact your Account Manager immediately if you believe you need to restore deleted items. Consulting Networks makes no representation that it can recover deleted items. Data on backups may be retrieved only for a limited number of days, and backups may not contain a copy of every item that is sent, received or stored (see Section 5.3 Records Retrieval).

3.6 EMAIL SENDING AND RECEIVING LIMITS. You acknowledge that the Mail Services are not designed for sending and receiving a high volume of email messages. Consulting Networks may limit the number of email messages that a customer may send and receive and the number of recipients per email message sent over a given time period, as determined by Consulting Networks in its reasonable discretion. Consulting Networks reserves the right to make changes to such limits at

any time without prior notice to you. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the Agreement.

3.7 UNSOLICITED MAIL. You may not send email to anyone with whom you do not have a pre-existing relationship unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive email.

3.8 SYSTEM ABUSE. You may not use the Mail Services in a way that creates technical disturbances for other Consulting Networks customers or for Consulting Networks systems in general.

3.8.1 NO SHARED MAILBOXES. Each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes.

3.8.2 AUTOMATED USE. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs and such use is not supported.

4.CUSTOMER SECURITY OBLIGATIONS.

The Agreement requires you to use reasonable security precautions in light of your use of the Services. This includes using a desktop virus scanner and firewall on computers that are connected to the Internet, and encrypting any Sensitive Data transmitted to or from, or stored on, the Consulting Networks Services, servers, email boxes, or storage devices you use.

5.ADDITIONAL SERVICE TERMS.

5.1 MIGRATION SERVICES. At your request, we will provide an advance estimate of fees based on the information you provide to us. You acknowledge that our fee will be calculated on the basis of the actual number of mailboxes and amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services we may discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. We will not charge you a fee if we are unable to successfully migrate your data. You acknowledge that there is a special risk that data will be lost during a migration. You agree that you will create a reliable back up of all data to be migrated prior to the time that we begin the migration. You agree that we are not liable to you for damages resulting from the loss or corruption of your data as part of the migration.

5.2 DOMAIN NAME SERVICES. If you register, renew or transfer a domain name through Consulting Networks, Consulting Networks will submit the request to its domain name services provider (the “Registrar”) on your behalf. Consulting Networks sole responsibility is to submit the request to the Registrar. Consulting Networks is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar posted on their website. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. Consulting Networks may make changes to DNS zones and records on Consulting Networks operated DNS servers as we deem necessary.

5.3 RECORDS RETRIEVAL. For Consulting Networks Email, we may be able to recover deleted messages if you have subscribed to our email backup service. You are responsible for retrieving or backing up any mail data prior to your termination of the Services or deletion of a mailbox.

5.4 ARCHIVING AND EMAIL RETENTION SERVICES. Archiving and email retention services will capture only the email that you send or receive after the date that the archiving or email retention services are implemented. Upon termination of your account for Mail Services, or your archiving or email retention service, we will destroy your archived data unless you have made other arrangements with us. In-Place Hold as a means to store mail from multiple users or entities is prohibited.

5.5 COMPLIANCE. Certain Consulting Networks Mail Services features are designed to help you comply with various legal and regulatory requirements that may be applicable to you. You are responsible for understanding the legal and regulatory requirements applicable to your

business and for using the Services in a manner that complies with such requirements.

5.7 CLOUD DRIVE. If you purchase access the Cloud Drive & Documents & Spreadsheets functionality (collectively “Cloud Drive”). To enable Cloud Drive file synchronization to your desktop, you will be required to download and install a local software agent which is subject to an additional End User License Agreement (the “Cloud Drive EULA”). Your right to use Cloud Drive is subject to, and contingent on your compliance with, the Cloud Drive EULA. Data selected for synchronization using the Cloud Drive agent will be mirrored to a datacentre operated by Consulting Networks (the “Target Site”). If you terminate the Services or remove the data from the local instance of Cloud Drive, the data will be removed from the Target Site. Consulting Networks may be unable to retrieve any data stored at the Target Site following termination of this Agreement, the Email Plus Services, or your removal of data from your local instance of Cloud Drive. Cloud Drive data mirrored to the Target Site will be encrypted by Consulting Networks at rest. Large datasets may not properly synchronize or mirror to the Target Site with Cloud Drive and Consulting Networks may implement maximum sync size restrictions without prior notice as reasonably required to maintain the Cloud Drive functionality. Syncing will stop when your allocated storage limit has been reached. Your storage limit will be described in your Order, and new storage is not automatically provisioned when you reach your storage limit. Your storage limit includes your data as well as overhead space required for the Cloud Drive functionality (such as a trash folder and version history functionality).While you may use Cloud Drive as a backup service, you agree that you will maintain at least one additional current copy of the data stored in Cloud Drive other than at the Target Site, and understand that you are responsible for testing and monitoring the integrity of data stored at the Target.

PAYMENT
1. We require the customer to settle our service charges by debit or credit debit, and the customer agrees and accepts that the failure to comply with our payment terms may result in an immediate suspension of the service supply. The customer must to keep us their payment details.

2. We will send you an invoice monthly for services charges incurred, under this Agreement, for the current month. Any rental charges for the service will be billed upfront (monthly or yearly in advance). Advance rentals are not refundable. The time of payment of all sums due to us shall be of the essence of this agreement.