Usage Terms
Terms of Email Hosting Services
Your use of the Mail Services is subject to your compliance with the following terms and conditions:
1. Definition of additional terms
“Effective Date” refers to the date on which the Customer obtained the Terms of Mail Services and Mail4Work received its payment for the first year of service.
“Junk Mail” or “SPAM” refers to emails caught by the message filter and other emails that the client reports to Mail4Work as spam.
“Mail Service” or “Mail Services” refers to the mail service provided by Mail4Work, and/or other Email Services described in the service proposal, in addition to Technical Support, as defined below. "Mail Services" do not include applications that Mail4Work or license for use on a fully or partially dedicated Hosting System.
“Technical Support” means (I) the handling of the Email Service by a Customer Service team that includes people trained in the system that the Customer picked up, and (II) the availability of the technical service from Monday to Friday from 8:00 a.m. to 5:00 p.m.
2. Mail Hosting Services
2.1 Administration. Mail4Work will supply the Mail Hosting Service; The Client will be in charge of everything related to the configuration of its Mail Service, including the configuration of electronic mailboxes on its devices, as well as the installation of any software or equipment that it considers necessary for their configuration.
2.2 Service Level Agreement (“SLA”). Your Email Service will be available 99.999% of the time in a calendar year, not including maintenance downtime.
2.2.1 Downtime. Downtime means times when you are unable to send or receive emails due to a failure of the services. Downtime is not considered if you are unable to send or receive emails due to a failure beyond Mail4Work's reasonable control, such as your Internet connection, computer, mobile device or systems. Mail4Work will carry out maintenance tasks on the Email Services periodically within the published maintenance periods, which will be announced on our website: www.Mail4Work.com. Mail4Work will also be able to carry out unscheduled emergency maintenance tasks if necessary to deal with new security threats or other non-routine events. Delays that may occur while the Email Service makes planned transitions between redundant elements of the system are considered maintenance. If Mail4Work expects any maintenance task to take more than twenty minutes, Mail4Work will use reasonable efforts to post a notice on the Website at least seven (7) days prior to such task, but does not guarantee that such notice will be posted. Delivery delays are considered downtime only for the time the email is not being processed.
2.3 Technical Support. Mail4Work will provide technical support service to your designated administrator(s) or technical contacts of the account. Mail4Work does not offer technical support directly to its end users unless otherwise agreed in writing.
3. Limitations to Email Services
3.1 Filtering. Mail4Work offers some services designed to filter out unwanted email, such as SPAM, phishing fraud, and virus-infected emails. Customer acknowledges that technological limits may result in the capture of some legitimate email and the inability to capture some spam, including email infected with viruses or sensitive information. Any email that has been quarantined by the filtering system is excluded from the Service Level Guarantee (SLA).
3.2 Delivery Failures. Mail4Work will use commercially reasonable efforts to deliver Customers' email messages. Third party filtering services could sometimes prevent the successful delivery of Customer messages.
3.3 The Customer agrees to hold Mail4Work, its employees, agents, suppliers and affiliates harmless from any liability or damages arising as a result of any failure of the Filtering Services to capture spam, the capture of legitimate mail, or a failure of Customer's email to reach intended recipients as a result of a filtering service used by the recipient or the recipient's email service provider.
3.4 Limits on Memory. Mail that exceeds the storage limit when received may be permanently lost. An individual email message that exceeds the per message size limit can also be permanently lost. The size limit per message is 50MB.
3.6 Mass Mail. Customer agrees that Customer may not use the Email Services to send mass mail. You may not send bulk mail or commercial mail with a return address from the Mail Service offered by Mail4Work. You may not intentionally use your Email Service for the purpose of receiving bulk email from others. You may not submit any Mail Service address to a "Safe List" or "Free For All."
The maximum number of shipments per hour recommended (NOT mass mailing) is 150 messages per mailbox. However, this does not mean that if you want to send a message to 1000 people, it will be divided into several sends. Mass mailing is not allowed and even if it is divided into several shipments, this practice clearly falls into the category of mass mailing, therefore, the account can be blocked in its entirety, unable to send mail for 24 hours or indefinitely.
3.7 Unsolicited Mail. You may not send an email to anyone with whom you do not have a pre-existing relationship, unless the recipient has posted or otherwise provided their email address in a manner that implies consent to receive the email.
3.8 System Abuse. You may not use the Mail Services in such a way as to cause technical inconvenience to other Mail4Work mail clients or Mail4Work systems in general. Specifically, but not limited to:
3.8.1 Shared Mailboxes. Each mailbox must be used by only one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You cannot use automatic tools like "Fetchmail" or "Microsoft Exchange Connector" to virtualize a mailbox into multiple mailboxes.
3.8.2 Automatic Use. Mailboxes are not designed for automated use, such as sending email from web servers or receiving mail from automated programs, and such use is not supported.
4. Customer Security Obligations
4.1 The General Terms and Conditions require the Client to take reasonable security precautions considering the use of the service. In the case of Mail Services, this includes using a desktop antivirus scanner and firewall on computers that are connected to the Internet and encrypting all information transmitted to and from, or stored on, Mail4Work servers, mailboxes, email or storage devices that the Client uses.
5. Terms of Additional Services
5.1. Migration Services. Upon Customer's request, Mail4Work will provide an advance estimate of message migration service fees based on the information Customer provides to us. Customer acknowledges that Mail4Work's fee will be calculated based on the actual number of mailboxes and amount of data migrated and may exceed the estimate. The Client acknowledges that after Mail4Work begins the migration services, Mail4Work may discover technical limitations related to the configuration of the Client's data that prevent us from successfully completing the migration. Mail4Work will not charge the Customer a fee if Mail4Work is unable to successfully migrate the Customer's data. Customer acknowledges that there is a particular risk of data loss during a migration. The Customer agrees that it must create a reliable backup of all data to be migrated before Mail4Work begins the migration. Customer agrees that Mail4Work is not liable to Customer for any damages resulting from loss or corruption of Customer data as part of the migration.
5.2. Domain name services. If the Customer registers, renews or transfers a domain name through Mail4Work, Mail4Work must submit the request to the domain name service provider (the "Registrar") on behalf of the Customer. Mail4Work's sole responsibility is to submit the request to the registrar. Mail4Work is not responsible for any errors, omissions or failures of the registrar. Customer's use of domain name services is subject to Registrar's applicable legal terms posted on its website. Customer is responsible for closing any account with any previous reseller or registrar for the requested domain name, and Customer is responsible for responding to any inquiries sent to Customer by Registrar. Mail4Work may make changes to the DNS zones and records on the DNS servers operated by Mail4Work as it deems necessary.
6. Deadline
6.1 The initial term of the Mail Hosting Services begins on the Effective Date and continues for the period stipulated in the proposal. Upon expiration of the initial term, the mail service will be automatically renewed for successive renewal terms of one year each, unless or until one of the parties provides the other with a written notice of non-renewal, with thirty ( 30) days in advance.
7. Charges
7.1 Recurring charges will be billed in advance on an annual basis. Non-recurring charges, such as migration services, will be billed at the time. Changes in charges due to up-grade services, for example, increase or number of mailboxes, will be effective from the date the change in service was made, with a prorated amount due for any incomplete year.
7.2 Payments are due within seven (7) days of the billing date. Mail4Work may suspend the Services, including those provided under any unrelated agreement, in the event that the payment of the invoiced amount has not been covered and the Client does not pay said amount due within four (4) business days after to our written notice to your billing contact. Customer agrees that if Customer's Services are reinstated after suspension for nonpayment, Customer will pay a reasonable reinstatement fee. Mail4Work may charge interest on debits of 1.5% per month. Payments must be made in US dollars. Invoices not disputed within 30 days of issue date will be deemed conclusively correct.
7.3 Mail4Work may increase the fees for Mail Services at any time by posting the new fees at: www.mail4work.com or by sending you notice by email. Rate increases will not apply to your Mail Services purchased prior to the time of the rate increase. All Mail Services you purchase or renew after a price increase will be charged at the new rates.
8. Additional Causes for Suspension and Termination
In addition to the other causes of suspension and termination indicated, we may suspend your Mail Services or terminate the Agreement immediately and without notice if: (I) you use your Mail Service in a way that violates the restrictions of use of the Agreement, including the Acceptable Use Policies, (II) your email addresses or corresponding IP number(s) of the Mail Service are blacklisted by a third party, or if Mail4Work is victimized of retaliation as a result of your email, whether or not it does not comply with the Acceptable Use Policy or any other part of the Agreement, or is otherwise at fault, or (III) we receive excessive or repeated complaints from your email recipients , regardless of whether you do not comply with the Acceptable Use Policies or are otherwise at fault. Claims by email recipients and third-party abuse agencies (eg SpamHaus or Spamcop) will be considered evidence of the facts stated therein, unless you provide convincing evidence to the contrary.
9. Privacy
9.1 Content/path data of the message. Email messages and other items sent or received through the Mail Service will include: (I) the content of the communication (“content”) and (II) certain information that is created by the systems and networks used to create and transmit the message (the "message route data"). Content includes things like the text of email messages and media attachments and is generally information that can be communicated by means other than email (such as a letter, phone call, CD, DVD, etc.). Message path data includes information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filter information, and is typically information that would not otherwise exist. It was due to the fact that the communication was made through email.
9.2 Privacy of content. The content of Customer Items your Confidential Information is subject to the use and disclosure restrictions described in the Data Protection and Security (Confidential Information.) section. In addition to these restrictions, we note that our staff will not have access to the content of your items except in the specific ways defined below. However, Customer agrees that we may view and use message route data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, The Client accepts that we can disclose the message route data to third parties in an aggregate statistical form, as long as we do not include information that can be used to identify it.
9.3 Limited rights of Mail4Work to view and use the content.
A. Customer agrees that our staff may access their email inboxes and/or view message content and other items for the following purposes:
I. To troubleshoot problems, including mail sending and receiving errors;
II. To assist Customer with mailbox setup;
III. In order to ensure compliance with our requirements regarding Bulk Mail;
IV. To improve the email filter.
If we engage third-party providers to help us provide the Services to you, we may allow those providers to view and use your email content for the same purposes described above, provided that the providers are subject to confidentiality and privacy restrictions. In addition, Mail4Work may share the content of Spam with independent third party abuse agencies and trade groups in order to assist with industry initiatives to control spam.
B. The Client acknowledges that Mail4Work must establish an abuse@[yourdomain].com and postmaster@[yourdomain].com address for each of the contracted domains. Mail4Work staff will review the content of all emails received at these addresses.
WE WILL NOT USE TECHNOLOGY TO READ YOUR EMAIL MESSAGES FOR THE PURPOSE OF DIRECT, DISPLAY OR SEND MARKETING ADVERTISEMENTS BASED ON THE CONTENT OF SUCH EMAIL MESSAGES.
9.4 Usage Data. Mail4Work may collect and store information related to the use of the Mail Services, such as the use of SMTP, POP3, IMAP and filtering. The Customer agrees that Mail4Work may use this information for general business purposes and we may disclose the information to third parties in aggregate statistical form, provided that we do not include information that can be used to identify the Customer.
9.5 DNS Records. Upon expiration or termination of the Agreement, The Customer shall refrain from using the Services and relinquish the use of the IP addresses and nameservers assigned by Mail4Work in connection with the Services, including DNS for its name(s) domain outside Mail4Work Services.
10. Resale
10.1 The Customer may not resell the Mail Services without the prior written consent of Mail4Work.