This MFPad Email Terms of Service agreement (“Agreement”) is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of the MFPad Email powered by Open-Xchange (“Services”) delivered by MFPad. In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy posted in the Legal section of MFPad web site. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions and notices.
GENERAL USE STATEMENTS
You expressly understand that the Services require to be linked to a domain name to be operational. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights. We may render assistance with the Services account start-up if a corresponding timely request is submitted to the Hosting – MFPad Email Support department.
Usage Limitations and Account Provisions
You acknowledge that MFPad may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on MFPad servers. You agree that MFPad is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that MFPad retains the right to change these general including but not limited practices and limits at any time in accordance with the ‘Modification Terms’ section of this Agreement below.
Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.
Depending on the time of service Your account is limited in the outgoing emails to 500 emails per hour. We may decrease this limit, at Our sole discretion, if your account confidence should be confirmed. The following limits apply to additional services: Maximum number of calendar appointments 100,000; maximum number of tasks 10,000; maximum number of contacts in address book 100,000; maximum number of files in drive 100,000; maximum number of personal information manager attachments (i.e. tasks, appointments, etc.) 100,000.
Storage and Security
You are responsible for security of Your password. MFPad will not change passwords to any account without proof of identification, which is satisfactory to MFPad, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that MFPad will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will MFPad be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless MFPad from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to MFPad you should take all due precautions to provide any sensitive information over a secure communication channel.
At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) ensure the security, confidentiality and integrity of Your email content transmitted through or stored on MFPad servers; and (iii) ensure the confidentiality of Your password. MFPad shall have no liability to You or any other person for Your use of MFPad products and/or services in violation of these terms.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.
MFPad shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will MFPad be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. MFPad has no obligation to monitor the content transmitted via the Services.
MFPad servers of Service are backed up daily and are stored for 5 days. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account content and information. If loss of data occurs due to an error of MFPad, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, MFPad may attempt to recover the data from the most recent archive for a $15.00 fee.
USER OBLIGATIONS AND PREVENTATIVE MEASURES
By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of “Netiquette”. We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this MFPad Email Terms of Service agreement, along with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient method of communicating and conducting business.
By using any Services, provided by MFPad You agree not to misuse the Services. For example, you must not and must not attempt to:
- violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- make, attempt or allow any unauthorized access to MFPad web site, servers, Your own account or the account of any other customers of MFPad.
- cause denial of service attacks, port scans or other endangering and invasive procedures against MFPad servers and facilities or the servers and facilities of other network hosts or Internet users.
- upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- engage in or to instigate actions that cause harm to MFPad or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. MFPad reserves the right to refuse service to anyone upon Our discretion. Any material that in MFPad judgment is either obscene or threatening is strictly prohibited and will be removed from MFPad servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, MFPad will take corrective action upon Our own discretion and will notify You. Our decision in such case is binding and final, and cannot be a subject of a further change. MFPad cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to MFPad or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless You have taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. MFPad will not be liable for any loss or damages in such cases.
- violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others.
Normal operation and provision of the Services does not imply MFPad interfering or monitoring of the content associated with the Services, but You acknowledge that MFPad has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by MFPad, in its sole discretion, to be otherwise objectionable.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to MFPad. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. MFPad prohibits the following activities listed without limitation hereunder:
- Usage of the MFPad network and systems to receive replies to unsolicited mass e-mail messages.
- Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
- Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- Forgery of e-mail headers (i.e. “spoofing”).
- Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
- Engagement in spamvertising or provision of any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Advocating any activities prohibited by this Agreement.
If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a $500 charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.
Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, MFPad will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current MFPad rates.
All fees for the Services shall be in accordance with MFPad fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.
Prior to the expiration date of the Services, You will have the option to renew Your subscription using MFPad’s automated processing system. MFPad will notify You several times that the Services are about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. MFPad shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, MFPad will try to renew Your Services 30 days prior to the renewal date and will take payment in accordance with the designated payment method at then current MFPad rates.
Failed Renewal Fees and Service Restoration
If the outstanding balance is not paid by You within 30 days after the billing date of Your Service MFPad reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service the outstanding balance is to be remitted in full. There will be a $15.00 fee to reinstate accounts that have passed grace or redemption periods or been terminated.
MFPad shall guarantee that the reinstated account data will be uncorrupted or reflect the latest changes as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.
For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You improperly charge back for the Services rendered, We may disable the ability to transfer any other Your MFPad services away from MFPad.
CANCELLATION AND REFUND TERMS
The initial term of Your Agreement with MFPad shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with MFPad shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.
This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support system at least three (3) working days before the Service is due to renew; or (ii) by MFPad at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon MFPad or could disrupt MFPad business operations; or (iv) by MFPad if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and MFPad.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that MFPad may take control of any domain name associated with the terminated Services, provided such domain name was registered through MFPad domain name registration.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs MFPad incurs in closing Your account. You agree to pay any and all costs incurred by MFPad in enforcing Your compliance with this Section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, MFPad may delete all information related to You on the Services.
The refund provisions are not applicable to purchases of the Services due to the free trial periods. Free trial subscriptions are granted for the period specified in Your subscription plan specification.
MFPad reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes MFPad may reasonably make to this Agreement when such changes are made. If You have purchased Services from MFPad, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that MFPad shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.