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This agreement is between you, the subscriber to the MailStreet®
service, and Apptix, Inc. who hosts the MailStreet email and collaboration
service.
Terms that apply to Hosted Exchange (email) customers:
Outgoing Bulk / Junk / Spam Mail Policy
MailStreet defines “Spam/Junk emailing” as “the sending of e-mail(s) to users that
have not explicitly asked to receive the sender's message".
MailStreet defines “Bulk emailing” as “the sending of e-mail(s) in a bulk fashion
regardless of whether or not the recipient of such email(s) have requested the
correspondence”.
Sending either spam or bulk email through the MailStreet system is not permitted
and will not be tolerated. MailStreet reserves the right to refuse, suspend, or
even terminate service at any time, and without preceding warnings, to anyone who
violates or intends to violate this policy. MailStreet will not be held responsible
if your domain name is blocked by internet service providers (ISPs) for sending
spam/bulk e-mails.
MailStreet also reserves the right to limit the number of outgoing recipients of an
individual email message to one hundred (100).
Free Trial Period
The MailStreet free trial period
is for 30 days. After 30 days, the free trial will automatically be converted
to a regular monthly subscription. If you do not wish to continue with the service,
you must cancel within the 30 day trial period by sending an email to
cancel@mailstreet.com
Please supply domain name and reason for cancellation (for
our customer service records). The free trial applies only to the MailStreet Exchange 2003 hosting
offering. Blackberry, MailStreet Defender, Goodlink and all other services are not part
of the free trial offer. Unless otherwise agreed, the free trial offer
is limited to a maximum of 30 MailStreet Exchange mailboxes.
Month to Month Term
After the free trial, your account will be automatically renewed on a month to
month basis at the then current monthly subscription rate.
There is no minimum term of
service. You may cancel the service at any time by sending an email to
cancel@mailstreet.com with
your domain name and reason for cancellation. Requests for cancellation must be submitted
via email. Service is billed at the start of each service
month (based on the day of the month you signed up for service) for the following month and
we cannot give any refunds for partial month’s service.
Service Level Agreement
MailStreet will make its best effort to provide each customer with 99.9% uptime. MailStreet
has a policy of discounting its monthly subscription rate by 20% for each 4 hours of downtime
per month over the 99.9% rate. "Uptime" and "Downtime" is recorded and calculated
on a monthly basis. This does not include
scheduled downtime for weekly server/network maintenance (usually less than 10
minutes total and usually scheduled for Saturdays, midnight eastern). This also
does not include end-user internet connection issues or general internet
congestion. Account credits and overall liability of Apptix, Inc. is hereby limited
to a maximum one month's service during the month of the outage.
NOTE: This Service Level Agreement covers MailStreet Hosted Exchange, Hosted SharePoint, Archiving and Compliance
and DNS Services only.
MailStreet Defender (MX Logic), Web Hosting, BlackBerry Enterprise, Goodlink and other wireless services
are not covered under the Service Level guarantee.
What MailStreet supports – the following areas are covered under the
MailStreet support policy:
- Connectivity to the MailStreet Service – talking/instructing the end-user
through configuring and connecting to the MailStreet email server(s) and
receiving/sending email
- Configuration of Microsoft Outlook® Software – talking/instructing the end-user through
configuring Microsoft Outlook® and higher for Windows PCs
- Creation of additional MailStreet mailboxes, distribution lists, and user
aliases
- Issues related to Public Folders
- Issues related to security settings within the exchange (server-side)
environment
- DNS Related Issues
What MailStreet does not specifically support – the following
areas are handled on a “best efforts” basis as a courtesy to our customers:
- Configuration of customer firewall software and/or hardware that could
affect connectivity to the MailStreet service
- Installation of Microsoft Outlook® Software
- Configuration of customer antivirus software (Norton Antivirus 2003, etc.)
that could affect connectivity to the MailStreet service
- Issues related to customer’s connection to the Internet. (i.e. T1, Cable
Modem, DSL Modem, Dial-Up accounts, etc.)
- Issues related to other email accounts or personal folders (non-MailStreet)
configured within customers Microsoft Outlook® software
- Issues related to general use of the Microsoft Outlook® software – (i.e.
training, etc.)
- Email client software other than Microsoft Outlook®
- Use of MailStreet service on a Macintosh or non-Windows computer
Security and Reliability
The security and reliability of the MailStreet email and collaboration service
is our highest priority. MailStreet works hard to run a solid, hassle-free service.
However, there are times when we cannot guarantee 100% reliability:
- Internet congestion
- Automatic System Updates – MailStreet’s servers regularly update themselves
with patches and bug fixes. Occasionally, these patches/fixes can affect our servers
in an unexpected, detrimental way. Many of these patches/fixes are installed
automatically and cannot always be tested prior to their implementation.
- Terrorist Attack
- Acts of God
- Virus/Worm/Denial of Service Attack
You specifically agree that Apptix Inc. DBA MailStreet cannot be held liable
for any missing data,
corrupted data, incorrect transmission of data, failure to provide service, delay
of service provision or anything in any way connected to the MailStreet service
in excess of the cost of service provided. Cumulative liability of
Apptix, Inc. DBA MailStreet to a customer shall not exceed the total
monthly service fee of the immediate prior one month of service.
Transmission of Data
You agree that Apptix is not responsible
for any unauthorized access or modification of your data stored by or
transmitted via the MailStreet service. You also agree that
Apptix is not responsible or liable for any content sent using, or received
from, the MailStreet service including that which may be illegal, obscene,
defamatory, threatening or that may violate any trademark or copyright.
Incoming Bulk / Junk (Spam) Mail Policy
MailStreet
offers various services (add-ons) to help prevent incoming spam. These extra
services may require an additional monthly fee and may have separate end-user
agreements. MailStreet can not be responsible for filtering out
unwanted/offensive content sent to your MailStreet account or that may exceed
the capacity of your MailStreet account.
MailStreet Virus Policy
The MailStreet service
provides virus protection against incoming email viruses sent to your MailStreet
addresses. All incoming messages to your MailStreet domain are scanned. It is
our policy to delete affected attachments prior to delivery to your MailStreet
mailbox. MailStreet virus protection uses the latest technologies to help ensure
your protection. Our server software (virus patterns) is updated nightly. Virus
protection is an ongoing process and it’s impossible to protect against 100% of
the virus threats and unfortunately we cannot be held responsible for new
viruses that are not detected by our scanning software. End-users are
responsible for protecting their computers and ensuring they are virus-free. We
recommend that each end-user run a local anti-virus software package on their PC
for additional protection. MailStreet will not be held responsible if your
domain name is blocked by internet service providers (ISPs) for sending
virus-infected emails. Most viruses are transmitted by email, but not all. If
your email software is connected to another email service other than MailStreet,
it is possible that virus-infected email could be pulled into your MailStreet
account from another service.
MailStreet cannot be held responsible for virus-infected email
originally sent to email services outside of MailStreet.
Use of Microsoft Outlook® Software
MailStreet
service includes the licensing for Microsoft Outlook® Software. The license fee is
included with the monthly MailStreet service fee; however we may charge a
nominal fee to ship the media to you. End-users are allowed to install the
software one time and only on one PC for each MailStreet mailbox.
Each end-user/individual using the MailStreet service must purchase an individual
Subscriber Access License (SAL) – otherwise know as a “mailbox” for this service.
Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are
purchased on a monthly basis for each user. If you cancel your MailStreet
account you acknowledge that you are responsible for uninstalling any Microsoft Outlook®
client software that is licensed as part of the MailStreet service.
Size of Mailbox
Each mailbox has a storage capacity or limit.
This is done to protect your account and others from potentially large volumes
of email sent to a single address that could disable or halt the email system
server. Additional storage can be purchased by emailing support@mailstreet.com It is the
end-user’s responsibility to ensure that his/her mailbox does not reach capacity.
MailStreet is not responsible for email lost due to full mailboxes. If you do
not know how to check your mailbox size, and would like to know, you may access
http://www.mailstreet.com/myaccount to view your mailbox size.
Passwords
It is the end-user’s responsibility to
keep his/her password confidential, and to change the password on a regular
basis. MailStreet is not responsible for any data losses or security issues due
to stolen passwords. MailStreet recommends that you use passwords that contain
numbers and symbols in order to prevent unauthorized users from guessing
commonly-used choices (i.e. “12345”, “password”, etc.). MailStreet support does
not have access to viewing existing passwords. For security reasons, MailStreet
support can only reset passwords.
Cancelled Accounts
Upon cancellation, your
MailStreet email and contact data located on MailStreet’s servers may no longer
be available. It is the end-user’s responsibility to retrieve this data prior to
the request for cancellation of the service. MailStreet cannot guarantee
retrieval of data once an account is cancelled.
Hosted Exchange Backup Policy:
Nightly Disaster Recovery Backups (included)
MailStreet conducts nightly disaster recovery backups where we backup each
mail store every night. This is the industry standard method of backing up
hosted Microsoft Exchange Server data. A mail store is the email database that contains
numerous mailbox account. This disaster recovery backup is used if a mail store
becomes corrupted or fails for another reason. This protects the customer
in the event MailStreet suffers a system failure or other event that requires the recovery
of an entire mail store. Due to the nature of this backup technology,
our engineers are not able to restore data from an individual mailbox. If a customer deletes
items inadvertently, they may be able to recover those items via the Deleted Item/Mailbox Retention
feature below. Customers who need the ability to restore individual user data from a backup
should consider the MailStreet Archiving and Compliance solution at www.mailstreet.com/archive
Brick Level Backups (not offered)
The base MailStreet service does not include nightly "Brick Level" backups.
We apologize but MailStreet does not offer Brick Level backups. Customers who need additional backup
retention, may choose the MailStreet Archiving and Compliance solution at www.mailstreet.com/archive MailStreet
utilizes industry standard practices in backups and restoration of Hosted Exchange data.
Deleted Item/Mailbox Retention (included)
MailStreet's servers are configured to keep a cache or live backup for a period of 7 days containing
deleted items and 30 days for deleted mailboxes.
If a user deletes an item from their mailbox the system will let them restore it via Microsoft Outlook®.
To recover the deleted item, the item has to
actually have been deleted – i.e. if a user "drags" the data or otherwise exports the data off the server,
the system does not treat this as a delete. In that situation the data may not be recoverable.
Additionally if a customer deletes an entire mailbox via the administration console, we can also
restore that mailbox within the 15 day period for a nominal service fee.
Deleted Item/Mailbox retention protects the customer in the event they execute a delete command
against an individual mailbox or individual mailbox data.
Terms that apply to Hosted SharePoint Service customers:
The SharePoint free trial period
is for 30 days. After 30 days, the free trial will automatically be converted
to a regular monthly subscription. If you do not wish to continue with the service,
you must cancel within the 30 day trial period by sending an email to
cancel@mailstreet.com
Please supply domain name and reason for cancellation (for
our customer service records).
Month to Month Term
After the free trial, your account will be automatically renewed on a month to
month basis at the then current monthly subscription rate.
There is no minimum term of
service. You may cancel the service at any time by sending an email to
cancel@mailstreet.com with
your domain name and reason for cancellation. Requests for cancellation must be submitted
via email. Service is billed at the start of each service
month (based on the day of the month you signed up for service) for the following month and
we cannot give any refunds for partial month’s service.
Service Level Agreement
MailStreet will make its best effort to provide each customer with 99.9% uptime for SharePoint
service hosting. MailStreet has a policy of discounting its monthly subscription rate
by 20% for each 4 hours of downtime
per month over the 99.9% rate. "Uptime" and "Downtime" is recorded and calculated
on a monthly basis. This does not include
scheduled downtime for weekly server/network maintenance (usually less than 10
minutes total and usually scheduled for Sundays, midnight eastern). This also
does not include end-user internet connection issues or general internet
congestion. Account credits and overall liability of Apptix, Inc. is hereby limited
to a maximum one month's service during the month of the outage.
What MailStreet supports on SharePoint – the following areas are covered under the
MailStreet SharePoint support policy:
- Connectivity to the SharePoint Service – talking/instructing the end-user
logging into to the SharePoint server(s).
- Connectivity of FrontPage tools to modify SharePoint Sites (Note MailStreet does not
support the actual use of FrontPage nor can we offer programming assistance in customizing
SharePoint Sites.
- Creation of SharePoint sub-sites and users
- Installation of Templates provided by Microsoft
What MailStreet does not specifically support on SharePoint Hosting– the following
areas are handled on a “best efforts” basis as a courtesy to our customers:
- Use of FrontPage and customization of SharePoint Sites.
- Training on the use of SharePoint and Microsoft Office features.
- Use of Microsoft provided Templates
- Use of Microsoft Office
- Use of SharePoint services on a Macintosh or non-Windows computer
- Migrating or importing of data from previous SharePoint sites or user provided SharePoint backup files
SharePoint Backup Policy:
Nightly Disaster Recovery Backups (included)
Apptix, Inc conducts nightly disaster recovery backups where we backup each
SharePoint database every night. This is the industry standard method of backing up
hosted SharePoint services data. This protects the customer
in the event MailStreet suffers a system failure or other event that requires the recovery
of an entire mail store. If a customer needs a specific SharePoint site recovered due to
no fault of Apptix, we may charge a service fee for this recovery service.
Terms that apply to all customers:
Limited Liability
LIMITED LIABILITY. IN NO EVENT WILL APPTIX BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF APPTIX INC. DBA MAILSTREET FOR ANY CLAIMS ARISING
FROM OR IN CONNECTION WITH THIS AGREEMENT OR SERVICE, REGARDLESS OF THE FORM OF ACTION,
SHALL NOT EXCEED THE AMOUNT OF SERVICES FEES PAID BY THE CUSTOMER EITHER DIRECTLY
TO APPTIX OR THROUGH A PARTNER/RESELLER FOR SERVICE RENDERED FOR THE IMMEDIATELY
PRIOR ONE (1) MONTH OF BILLING.
Terms that apply to Apptix Online Backup by Mozy Customers:
IMPORTANT-READ CAREFULLY: These Software Terms of Use ("Terms") are incorporated into the
agreement (“Agreement”) under which you, either an individual or a single entity (hereinafter “User”),
purchased Services from the applicable EMC entity identified in such Agreement. The EMC Application
you are about to install is a part of the Services. These Terms governs Customer’s use of the EMC
Application unless (a) EMC agrees otherwise in writing, or (b) a third party licensor’s terms and
conditions take precedence. Capitalized terms used in these Terms that are not defined herein shall
have the meaning stated in the Agreement.
By installing or using the EMC Application, you acknowledge that (i) these Terms are part of the
Agreement governing Customers use of the Services; and (ii) you are authorized to install this EMC
Application on behalf of the Customer. If there is any conflict between the Agreement and the Terms,
the Terms shall prevail.
License Grant. The License rights granted herein commence on the date EMC makes the EMC
Application available for electronic download. Subject to Customer’s compliance with the Terms
and the Agreement (including payment of all fees for the Service), EMC grants Customer a non-exclusive
License (with no right to sublicense) to install and execute copies of the EMC Application (in executable
code form only) on Customer’s computers and only for the purpose of accessing and using the Service.
The EMC Application is made available to Customer only for personal use, which use must be in compliance
with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any updates, patches and new versions of the EMC Application shall be subject to these Terms.
Ownership and Restrictions. Customer acknowledges that EMC and its suppliers own all rights in
the EMC Application, including without limitation all Intellectual Property Rights. Except for the License
granted in this Agreement, all rights in the EMC Application are reserved. There are no implied Licenses
granted. The EMC Application and its structure, organization, source code, and Documentation contain
valuable trade secrets of EMC and its licensors, and accordingly Customer agrees not to (and agrees not to
allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the EMC Application or
any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from
the EMC Application, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source
code from the EMC Application, (4) extract portions of the EMC Application's files for use in other
applications, or (5) remove, obscure, or alter EMC's or any third party's Trademarks or copyright or
other proprietary rights notices affixed to or contained within or accessed in conjunction with or
through the EMC Application.
Audit. EMC shall have the right to audit Customer’s usage of the Software to confirm compliance with
the Terms and the Agreement. Should such audit indicate usage of Software inconsistent with the Terms or the
Agreement, in addition to any other rights EMC may have for breach, Customer shall promptly reconcile its
account with EMC and pay the EMC invoice, if any, that results from such reconciliation.
Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EMC AND ITS SUPPLIERS
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE SOFTWARE. The EMC Application is not intended for use in connection with any nuclear,
aviation, mass transit or medical application or other inherently dangerous application that could result
in death, personal injury, catastrophic damage or mass destruction. EMC SHALL HAVE NO LIABILITY OF ANY NATURE
IF CUSTOMER USES THE SOFTWARE IN CONNECTION WITH SUCH ACTIVITIES.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EMC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE
SOFTWARE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF EMC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Terms that apply to all customers:
Limited Liability
LIMITED LIABILITY. IN NO EVENT WILL APPTIX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF APPTIX INC. DBA MAILSTREET FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF SERVICES FEES PAID BY THE CUSTOMER EITHER DIRECTLY TO APPTIX OR THROUGH A PARTNER/RESELLER FOR SERVICE RENDERED FOR THE IMMEDIATELY PRIOR ONE (1) MONTH OF BILLING.
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