CloudScale365, Inc. Hosted Microsoft Exchange Terms of Service
The following agreement is to cover Hosted Microsoft Exchange services provided by CloudScale365, Inc., its affiliates, successors and to its customers. (Customer)
Month to Month Term:
Your account will be renewed automatically each month on your bill cycle date. There is no minimum service term. Your service may be cancelled at any time by following the instructions located on our KnowledgeBase (http://help.cloudscale365.com). Please include the reason for cancellation. Any and all requests for cancellation must be submitted in this manner. Accounts are billed at the start of each cycle and we cannot offer any refunds for partial month’s service.
Customer agrees that CloudScale365, Inc may suspend services to Customer without notice and without liability if: (i) CloudScale365, Inc reasonably believes that the services are being used in violation of the AUP, (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP, (iii) CloudScale365, Inc reasonably believes that the suspension of service is necessary to protect its network or its other customers, (iv) as requested by a law enforcement or regulatory agency, (v) Customer is overdue on the payment of any amount due under the Agreement or Customer refuses to pay for services under the Agreement Term or (v) the customer is abusive towards CloudScale365, Inc or any member of its staff. Customer shall pay CloudScale365 Inc’s reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection.
30 Day Money Back Guarantee:
CloudScale365, Inc will provide a 30 day money back guarantee. If you wish to cancel the service, it must be within the 30 day window from initial date of sign-up. You may find how to cancel from our KnowledgeBase at http://help.cloudscale365.com. Please supply a reason for cancellation (for our records). Other products and services are not part of this offer. Customer will receive only 1 trial account with the 30 Day money back guarantee. Once you have received a refund for your service, you will not be entitled to another refund.
Spam/Junk Mail Policy:
Sending bulk email distribution through CloudScale365 is not permitted and will not be tolerated. CloudScale365, Inc may terminate any customer violating this or any CloudScale365 service policy. CloudScale365, Inc will not be held responsible for customer domains being blocked by ISP’s for sending out bulk, junk or spam mail. CloudScale365, Inc reserves the right to cancel or suspend any customer sending out bulk, junk, spam or unwanted email either knowingly or unknowingly. CloudScale365, Inc may at its own discretion throttle or limit the number of outgoing messages to 250 per individual mailbox.
- Prohibited Email Activities Sending UCE/UBE, also known as SPAM:
Defined as the sending of email to recipients who consider the message unsolicited email of a commercial nature or the sending of email in bulk to recipients who consider the message unsolicited email of any nature. This is one of the most serious account abuses. - UCE or SPAM Response Collection:
Defined as the collection of responses directly or indirectly, from UCE or UBE sent by you or UCE or UBE sent on your behalf. - Web Site Advertising via UCE or UBE, also known as SPAMvertising:
Defined as the sending of email which: 1. is UCE or UBE as defined above; and 2. contains direct or indirect links or references to one or more web sites. This also includes the use of third-party email accounts, servers or services to SPAMvertise the site(s). - Mail Bombing:
Defined as the sending an unreasonably large number of electronic mail messages to a single system, person or email address. - Mail Harassment:
Defined as sending email in a manner or with content that is perceived as threatening or harassing by the intended or actual recipient. - Letter Bombing:
Defined as sending email with content that will or could potentially harm the recipient’s computer. If you plan to send BULK EMAIL to a list of email addresses, please use an external mailing list service instead, as CloudScale365’s service is not intended to be used for this purpose, and this would violate our SPAM policy. A sample list of email distribution services are: HubSpot, MailChimp, Constant Contact, Big List, and many others, search Email Marketing from your browser
Service Level Agreement:
CloudScale365, Inc will do its best to provide all customers with 99.999% uptime. “Uptime” and “Downtime” are calculated on a monthly basis. It does not include any scheduled downtime or customer internet connection issues as well general internet congestion.
Security and Dependability:
The security and dependability of CloudScale365, Inc is of utmost importance. CloudScale365, Inc strives to run an uninterrupted, stress-free level of service. However, there are certain issues we cannot guarantee full dependability. These issues are: system updates – CloudScale365, Inc runs updates many of which are installed automatically and cannot always be tested prior to installation. Internet Congestion, Acts of God, Terrorist Attacks, Virus or denial of Service Attack are the other issues.
Customer agrees that CloudScale365, Inc will not be held responsible for any missing or corrupted data, failure to provide service, transmission of incorrect data, delay in account provisioning or anything associated with CloudScale365, Inc in excess of the cost of provided monthly service. Total liability of CloudScale365, Inc will not exceed one full month service fee.
Data Transmission:
Customer agrees that CloudScale365, Inc shall not be held responsible for any unauthorized access or data modification stored or transmitted by CloudScale365, Inc. Customer also agrees CloudScale365, Inc is not responsible for any content sent or received which may be illegal, obscene, threatening or that may violate any copyright or trademark.
Virus Protection:
CloudScale365, Inc provides virus protection in partnership with Postini against spam and viruses sent to Customers addresses. All incoming messages are scanned by Postini prior to delivery. It is CloudScale365, Inc’s policy to delete or quarantine any affected messages prior to delivery. CloudScale365, Inc utilizes the most up to date technology to help provide protection to Customer. It is impossible to protect against all threats and therefore CloudScale365, Inc shall not be held responsible for any new viruses not detected by Postini. Customers are responsible for their own computers and devices. CloudScale365, Inc highly recommends all Customers run local anti-virus software for additional protection. CloudScale365, Inc will not be held responsible or liable if Customers domain name in blocked by ISP’s for sending virus emails. CloudScale365, Inc will not be held responsible or liable for virus-infected messages originating from email services inside or outside CloudScale365, Inc.
Mailbox Size:
All mailboxes have a set storage limit. Additional storage may be purchased by choosing “billing” and “upgrade wizard” from Customer’s control panel. It is Customer’s responsibility to make certain their mailbox does not reach maximum capacity. CloudScale365, Inc is not liable for email lost due to oversized mailboxes.
Passwords:
CloudScale365, Inc is not responsible for any security issues or data loss associated with stolen passwords. It is Customer’s responsibility to keep their password confidential and to change said password on a regular basis. CloudScale365, Inc expects its customers to use passwords that consist of numbers and letters as well as special characters to hamper unauthorized access. For security reasons, CloudScale365, Inc can only reset passwords, we cannot supply them. Any mailbox found to have a low quality password may be suspended or terminated after being notified of request to change the password. If the request is not honored, CloudScale365, Inc may at its sole discretion suspend or cancel said mailbox. Mailbox passwords such as “password”, “password123”, “passwordpassword”, “password1″,”password01” are not permitted.
Account Cancellation:
After cancellation, all data stored on CloudScale365, Inc’s servers may no longer be accessible. It is Customer’s responsibility to move this data before requesting cancellation. CloudScale365, Inc will not guarantee data retrieval after account has been cancelled.
Nightly Backups:
CloudScale365, Inc performs nightly disaster recovery back-ups of all mail stores. This is industry standard method for backing up Microsoft Exchange server data. This backup method is used if a mail store becomes corrupted or fails for any other reason. This will protect the customer if CloudScale365, Inc suffers from a system failure or any other event that would require recovery of an entire mail store. Backups are monitored and checked for errors. As part of our routine maintenance schedules restoration tests are performed. Backup retention time is 5 days, however CloudScale365, Inc does not guarantee a valid backup is available for each night of this 5 day period.
If a disruption of the Service occurs, CloudScale365, Inc will assign top priority and will make our best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, CloudScale365, Inc may elect to first restore the Service without Client data (so that users can send and receive mail). Any data not immediately accessible after a disruption in the Service will be restored from the most recent valid backup. CloudScale365, Inc is not responsible for data loss resulting from the failure or loss of backup media.
Mailbox Restoration:
CloudScale365, Inc recognizes that from time to time, users may mistakenly delete an item in a mailbox or public folder, or the entire contents of a mailbox or public folder. As this is not a system fault and restoration may require partial implementation of CloudScale365’s disaster recovery procedures, CloudScale365, Inc reserves the right to charge for these restorations for a fee of $200 USD per hour. (Minimum period of 1 hour)
Note that items within a mailbox that have been accidentally deleted can usually be restored directly from Deleted Items by the end user, even after the Deleted Items folder has been emptied. (Instructions for this procedure are contained within Outlook’s Help system as well as our KnowledgeBase.) CloudScale365, Inc retains these deleted items online for up to seven days.
If a public folder or mailbox cannot be recovered from the online Deleted Items storage, and CloudScale365, Inc must restore the items from the backups employed in our disaster recovery systems, CloudScale365, Inc will put forth best efforts to restore these items within 96 hours of an approved request, acknowledging the fees, from a designated administrator of the Client. CloudScale365, Inc cannot guarantee that a single mailbox can be recovered, and we recommend making periodic backups of your mailbox.
LIMITED LIABILITY CLOUDSCALE365, INC WILL NOT BE LIABLE IN ANY EVENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CLOUDSCALE365, INC SHALL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID BY CUSTOMER EITHER DIRECTLY OR INDIRECTLY FOR SERVICE RENDERED FOR THE IMMEDIATE ONE MONTH PRIOR.
