Email Service Terms and Conditions

This Toolkit Websites Addendum (this "Addendum") is an addendum to the Toolkit Websites' Terms & Conditions.

The following additional terms apply to your use of the Toolkit Websites Email Service service.

1. Bulk or Commercial E-Mail

Toolkit Websites' policies for the Toolkit Websites Email Service are significantly more restrictive than its policies stated in its general Acceptable Use Policy. You agree that the following restrictions shall apply in addition to the restrictions stated in the Acceptable Use Policy:

You may not use the Toolkit Websites Email Service to send bulk e-mail or use a third-party network to send bulk e-mail that has a Toolkit Websites Email Service return e-mail address. E-mail messages of similar content that are sent to large numbers of recipients shall be deemed bulk e-mail in violation of this provision, regardless of whether the recipients have "opted in" or otherwise given their consent to receive e-mail.

You may not send any unsolicited e-mail. E-mail shall be considered unsolicited unless: (i) the recipient has affirmatively indicated that he or she wishes to receive it, or (ii) you have a pre-existing relationship with the recipient from which consent to receive the e-mail may reasonably be implied. You may not send e-mail intended to harass or threaten, or e-mail of any kind to a person who has indicated that they do not wish to receive it.

You may not intentionally use the Toolkit Websites Email Serviceservice for the purpose of receiving bulk e-mail. For example, you may not submit any Toolkit Websites Email Servicee-mail address to a "Safelist" or "Free for All" (FFA) list.

Complaints from e-mail recipients or third party abuse agencies (e.g. Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. Toolkit Websites shall have the right to terminate your Toolkit Websites Email Service if Toolkit Websites receives excessive or repeated complaints from your e-mail recipients, regardless of whether you are in breach of the requirements stated in this Addendum or are otherwise at fault. You are responsible for all damages to Toolkit Websites if your e-mail address or related IP numbers are blacklisted by any third party, or Toolkit Websites is retaliated against as a result of your e-mail, even if you have complied with the these provisions. Toolkit Websites may charge you £175 per hour for time spent to remove its IP addresses from blacklists or otherwise remediate problems arising from complaints about your e-mail or your breach of these provisions.

Attempts to circumvent these restrictions, e.g. by breaking up bulk e-mail over time, will be a violation of these provisions. Toolkit Websites may block any e-mail that is in violation of these provisions.

2. Indemnification

Your indemnity obligations stated in the Terms & Conditions shall, in addition to the other grounds stated, cover any third party claim arising from your use of the Toolkit Websites Email Service, except to the extent such claim arises from Toolkit Websites' negligence, recklessness, or willful misconduct.

3. Memory Limitations/Records Retention

(a) The Toolkit Websites Email Service has a fixed storage limit per mailbox. Toolkit Websites may not store e-mail that, when received, exceeds the storage limit, or may delete other e-mail already stored to create storage capacity for the new e-mail. These e-mails would therefore be permanently lost to you. It is your obligation to monitor the remaining storage capacity of the mailboxes provided.

(b) You acknowledges that Toolkit Websites backs up your e-mail messages on a snapshot basis at a specific moment in time, and that the back ups therefore capture only those messages that are stored at that time. Back ups are retained for two weeks from the date generated. Restorations of your mailboxes requested as a result of your error will be provided on a fee basis.

(c) Toolkit Websites' obligation to store e-mail messages terminates at the effective date of expiration or termination of the Toolkit Websites Email Service . Toolkit Websites expects to delete all of your data within ten (10) days or less from expiration or termination of the service. At your written request made at or prior to the termination of the service, Toolkit Websites will provide a copy of your data on a fee basis no later than ten (10) days following the date of the request.

4. Service Level Agreement

The following additional provisions shall be deemed included in your Toolkit Websites terms & conditions:

Toolkit Websites guarantees that the Toolkit Websites Email Service will be available 99.99% of the time in a given month, excluding scheduled maintenance. Downtime exists when you are unable to send and receive e-mail as a result of a failure of the Toolkit Websites Email Service and you or Toolkit Websites has noted the failure in Toolkit Websites' support ticket system.

5. Disclaimer

At your request, Toolkit Websites may provide certain services designed to filter unwanted e-mail, such as spam and e-mail infected with viruses. Filtering services are provided on an "AS IS" basis. You acknowledge that the technological limitations of the filtering service will result in the failure to capture some unwanted e-mail, and will also likely result in the capture of some legitimate e-mail. Toolkit Websites recommends that you employ additional security measures, such as a desktop virus scanner and firewall, on computers that are connected to the Internet.

YOU HEREBY RELEASE TOOLKIT WEBSITES FROM ANY LIABILITY FOR DAMAGES ARISING FROM THE FAILURE OF TOOLKIT WEBISTES' FILTERING SERVICES. YOU ACCEPT THE FULL RISK THAT CONTENT TRANSMITTED VIA THE TOOLKIT WEBSITES EMAIL SERVICE MAY RESULT IN LOST DATA, DAMAGES TO COMPUTER SYSTEMS, OR OTHER DAMAGE TO YOUR BUSINESS.

6. Refunds

No credit will be available under your Toolkit Websites contract for interruptions of service resulting from AUP violations.

7. Other

Except to the extent modified by this Addendum, the Toolkit Websites Email Service is provided subject to the terms and conditions of the Toolkit Websites Terms & Conditions. This Addendum constitutes the final agreement of the parties with respect to its subject matter and supersedes and replaces all prior agreements or understandings, whether written or oral.

8. Changes to AUP

Our Email Hosting Services are powered through Rackspace Email Apps services

Rackspace may amend the AUP by publishing a revised version at www.rackspace.com/information/legal/aup , or in the event of a material adverse AUP change by providing Customer 30 days written notice. The revised AUP shall become effective as to Customer on the first to occur of: (i) Customer’s execution of a new or additional agreement for all or part of the Services incorporating the revised AUP, (ii) the first day of an Agreement renewal term beginning at least 30 days after revised AUP publication, or (iii) expiry of written notice of material adverse AUP change. If compliance with the revised AUP would adversely affect Customer’s use of the Services, Customer may terminate the affected Services (without payment of an early termination fee) by giving Rackspace written notice of Customer’s objection no later than 30 days following the date that the revised AUP would otherwise have become effective as to Customer; Customer may continue using the Services for up to an additional 90 days subject to the prior version of the AUP; and Rackspace may decide to waive the AUP change as to Customer in which case the notice of termination shall be of no effect.



 
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