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1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and
"your" refer to each customer ("Customer") and its agents, including each person
listed in your account information as being associated with your account, and
"we", "us" and "our" refer collectively to Integrated Data Processing, Inc.
("IDP"). This Agreement explains our obligations to you, and your obligations to
us in relation to the IDP service(s) you purchase. By purchasing IDP service(s)
you agree to establish an account with us for such services. When you use your
account or permit someone else to use your account to purchase or otherwise
acquire access to additional IDP service(s) or to modify or cancel your IDP
service(s) (even if we were not notified of such authorization), this Agreement
as amended covers any such service or actions. Additionally, you agree that each
person listed in your account information as being associated with your account
for any services provided to you (including, but not limited to, domain name
registration services) is your agent with full authority to act on your behalf
with respect to such services in accordance with the permissions granted, and
that the Primary Contact and Account Administrative Contact for your account
shall have the authority, without limitation, to terminate, transfer (where
transfer is permitted by the Agreement), or modify such services or your account
information, or purchase additional services. Any acceptance of your
application(s) or requests for our services and the performance of our services
will occur at our offices in
Fairfax, Virginia, the
location of our principal places of business. Except as otherwise expressly set
forth in this Agreement, you agree that if you list, directly or by default, IDP
as a contact for your account and/or any of the services in your account, we
have the right, without notice, to remove our name and/or information from any
such account or service and to replace the same with the name and/or information
provided by you for any other contact associated with that account or service.
2. FEES, PAYMENT
AND TERM OF SERVICE.
As consideration for the services you purchased, you agree to pay IDP the
applicable service(s) fees set forth herein, or, if applicable, upon receipt of
your invoice from IDP. All fees are due immediately and are non-refundable. If
you qualify, we may extend payment terms to you. Unless otherwise specified
herein or on our Web site, each IDP service is for a one-year initial term and
renewable thereafter for successive one to ten-year terms, as set forth during
the renewal process. Any renewal of your services with us is subject to our then
current terms and conditions, including, but not limited to, successful
completion of any applicable authentication procedure, and payment of all
applicable service fees at the time of renewal and in the case of domain name
re-registration, the domain name registry's acceptance of your domain name
registration. Except with respect to service to which you subscribe on a monthly
basis, we will endeavor to provide you notice prior to the renewal of your
services at least fifteen (15) days in advance of the renewal date. You
acknowledge and agree that the renewal price may be higher or lower than the
price you paid for the then-current term of the service, and that we are
authorized to charge your credit card on file for the renewal of the service(s).
In any event, you are solely responsible for the credit card information you
provide to IDP and must promptly inform IDP of any changes thereto (e.g., change
of expiration date or account number). In addition, you are solely responsible
for ensuring the services are renewed. IDP shall have no liability to you or any
third party in connection with the renewal as described herein, including, but
not limited to, any failure or errors in renewing the services. In order to
process a renewal under our auto-renew service, we may use third-party vendors
for the purpose of updating the expiration date of your credit card on file.
Such third-party vendors maintain relationships with various credit card issuers
and may be able to provide us with the updated expiration date for your credit
card by comparing the information we have on file with the information the
third-party has on file. By selecting our auto-renew service, you acknowledge
and agree that we may share your credit card information with such a third-party
vendor for the purpose of obtaining any update to your credit card expiration
date. You agree to pay all value added, sales and other taxes (other than taxes
based on IDP income) related to IDP services or payments made by you hereunder.
All payments of fees for IDP services shall be made in U.S. dollars. Set up
fees, if any, will become payable on the applicable effective date for the
applicable IDP services. All sums due and payable that remain unpaid after any
applicable cure period herein will accrue interest as a late charge of 1.5% per
month or the maximum amount allowed by law, whichever is less.
3. OWNERSHIP. Except as otherwise set forth herein, all right, title and
interest in and to all, (i) registered and unregistered trademarks, service
marks and logos; (ii) patents, patent applications, and patentable ideas,
inventions, and/or improvements; (iii) trade secrets, proprietary information,
and know-how; (iv) all divisions, continuations, reissues, renewals, and
extensions thereof now existing or hereafter filed, issued, or acquired; (v)
registered and unregistered copyrights including, without limitation, any forms,
images, audiovisual displays, text, software and (vi) all other intellectual
property, proprietary rights or other rights related to intangible property
which are used, developed, comprising, embodied in, or practiced in connection
with any of the IDP services identified herein ("IDP Intellectual Property
Rights") are owned by IDP or its licensors, and you agree to make no claim of
interest in or ownership of any such IDP Intellectual Property Rights. You
acknowledge that no title to the IDP Intellectual Property Rights is transferred
to you, and that you do not obtain any rights, express or implied, in the IDP or
its licensors' service, other than the rights expressly granted in this
Agreement. To the extent that you create any Derivative Work (any work that is
based upon one or more preexisting versions of a work provided to you, such as
an enhancement or modification, revision, translation, abridgement,
condensation, expansion, collection, compilation or any other form in which such
preexisting works may be recast, transformed or adapted) such Derivative Work
shall be owned by IDP and all right, title and interest in and to each such
Derivative Work shall automatically vest in IDP. IDP shall have no obligation to
grant you any right in any such Derivative Work.
4. EXCLUSIVE
REMEDY. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR
EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY IDP
SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT
IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF
THIS AGREEMENT. IN NO EVENT SHALL IDP, ITS LICENSORS AND CONTRACTORS (INCLUDING
THIRD PARTIES PROVIDING SERVICES AS PART OF THE SERVICES) BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF IDP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT
PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN IDP'S
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. IDP and its
licensors and contractors disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or
liability resulting from the unauthorized use or misuse of your account number,
password or security authentication option; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or service(s)
provided under this agreement; (6) loss or liability relating to the deletion of
or failure to store e-mail messages; (7) loss or liability resulting from the
development or interruption of your web site or your IDP web site; (8) loss or
liability from your inability to use our e-mail service, web site manager
service or any component of the subscription service (for websites from IDP);
(9) loss or liability that you may incur in connection with our processing of
your application for our services, our processing of any authorized modification
to your domain name record or your agent's failure to pay any fees, including
the initial registration fee or reregistration fee; (10) loss or liability as a
result of the application of our dispute policy; or (11) loss or liability
relating to limitations, incompatibilities, defects, or other problems inherent
in xml, xkms, or any other standard not under IDP sole control.
5. DISCLAIMER OF
WARRANTIES.
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY
AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS
IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE
AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER
IDP NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU
MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH
RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
6. INDEMNITY. You agree to release, indemnify, defend and hold harmless
IDP and any of our (or their) contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and expenses,
relating to or arising out of (a) this Agreement or the breach of your
warranties, representations and obligations under this Agreement, (b) the IDP
services or your use of such services, including without limitation infringement
or dilution by you, or someone else using our service(s) from your computer, (c)
any intellectual property or other proprietary right of any person or entity,
(d) a violation of any of our operating rules or policies relating to the
service(s) provided, (e) any information or data you supplied to IDP, including,
without limitation, any misrepresentation in your application, if applicable,
(f) the inclusion of meta-tags or other elements in any website created for you
or by you via the IDP services, or (g) any information, material, or services
available on your licensed IDP Web Site . When we are threatened with suit or
sued by a third party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances may be
considered by us to be a material breach of this Agreement. We shall have the
right to participate in any defense by you of a third-party claim related to
your use of any of the IDP services, with counsel of our choice at our own
expense. We shall reasonably cooperate in the defense at your request and
expense. You shall have sole responsibility to defend us against any claim, but
you must receive our prior written consent regarding any related settlement. The
terms of this paragraph will survive any termination or cancellation of this
Agreement.
7. TERMINATION.
a. By You. You may
terminate this Agreement upon at least thirty (30) days written notice to IDP
for any reason.
b. By Us. We may terminate
this Agreement or any part of the IDP services at any time in the event you
breach any obligation hereunder, fail to respond within ten (10) calendar days
to an inquiry from us concerning the accuracy or completeness of the information
referred to in Section 4 of this Agreement, if we determine in our sole
discretion that you have violated the IDP Acceptable Use Policy, which is
located on our Web site at http://www.idp.net and is incorporated herein and
made part of this Agreement by reference, or upon thirty (30) days prior written
notice if we terminate or significantly alter a product or service offering.
c. Effect of Termination.
IDP will cease charging your credit card, if applicable, for any monthly service
fees as of the expiration of the monthly billing cycle in which the termination
is effective. Unless otherwise specified in writing by IDP, you will not receive
any refund for payments already made by you as of the date of termination, and,
you may incur additional fees (in the case of a monthly or annual subscription
being paid over time, as provided in various Schedules below). If termination of
this Agreement is due to your default hereunder, you shall bear all costs of
such termination, including any reasonable costs IDP incurs in closing your
account. You agree to pay any and all costs incurred by IDP in enforcing your
compliance with this Section. Upon termination, you shall destroy any copy of
the materials licensed to you hereunder and referenced herein. You agree that
upon termination or discontinuance for any reason, we may delete all information
related to you on the IDP service, if applicable. In addition to the terms set
forth herein, certain IDP services may have additional terms regarding
termination, which are set forth in the applicable Schedule.
8.
REPRESENTATIONS AND WARRANTIES.
You agree and warrant that: (i) neither your registration nor use of the any of
the IDP services nor the manner in which you intend to use such IDP services
will directly or indirectly infringe the legal rights of a third party, (ii) you
have all requisite power and authority to execute this Agreement and to perform
your obligations hereunder, (iii) you have selected the necessary security
option(s) for your domain name registration record, (iv) you are of legal age to
enter into this Agreement (or you are at least 13 years of age and have your
parents' permission to apply for services hereunder); and (vi) you agree to
comply with all applicable laws and regulations.
9. MODIFICATIONS
TO AGREEMENT.
Except as otherwise provided in this Agreement, you agree, during the term of
this Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and/or (2) change part of the services provided under this Agreement
at any time. Any such revision or change will be binding and effective 30 days
after posting of the revised Agreement or change to the service(s) on IDP Web
sites, or upon notification to you by e-mail or
United States
mail. You agree to periodically review our Web sites, including the current
version of this Agreement available on our Web sites, to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice. Notice of your
termination will be effective on receipt and processing by us. Any fees paid by
you if you terminate your Agreement with us are nonrefundable, except as noted
in one or more of Schedules A through R, but you will not incur any additional
fees. By continuing to use IDP services after any revision to this Agreement or
change in service(s), you agree to abide by and be bound by any such revisions
or changes. We are not bound by nor should you rely on any representation by (i)
any agent, representative or employee of any third party that you may use to
apply for our services; or in (ii) information posted on our Web site of a
general informational nature. No employee, contractor, agent or representative
of IDP is authorized to alter or amend the terms and conditions of this
Agreement.
10. ACCOUNT
ACCESS. To access or use the IDP services or to modify your
account, you may be required to establish an account and obtain a login name,
account number, password and/or password. You authorize us to process any and
all account transactions initiated through the use of your password and/or
password. You are solely responsible for maintaining the confidentiality of your
password and password. You must immediately notify us of any unauthorized use of
your password or password, and you are responsible for any unauthorized
activities, charges and/or liabilities made through your password or password.
In no event will we be liable for the unauthorized use or misuse of your login
name, account number, password or password.
11. AGENTS. You agree that, if your agent, (e.g., your Primary Contact
or Billing Contact, employee) purchased our service(s) on your behalf, you are
nonetheless bound as a principal by all terms and conditions herein. Your
continued use of our services ratifies any unauthorized actions of your agent.
By using your login name, account number or password, or otherwise purporting to
act on your behalf, your agent certifies that he or she is authorized to apply
for our services on your behalf, that he or she is authorized to bind you to the
terms and conditions of this Agreement, that he or she has apprised you of the
terms and conditions of this Agreement, and that he or she is otherwise
authorized to act on your behalf. In addition, you are responsible for any
errors made by your agent.
12. NOTICES AND
ANNOUNCEMENTS.
(a) Except as expressly provided otherwise herein, all notices to IDP shall be
in writing and delivered via overnight courier or certified mail, return receipt
requested to Integrated Data Processing, Inc., Attention: Legal Department, 3905
Railroad Avenue, Fairfax, Virginia 22030. All notices to you shall be delivered
to your mailing address or e-mail address as provided in your account
information (as updated by you pursuant to this Agreement) or to any e-mail
address associated with your service(s) with IDP. (b) You authorize us to
contact you as our customer via telephone, at the number provided by you in your
account information (as updated by you pursuant to this Agreement), which
telephone number is incorporated herein by reference, e-mail or postal mail
regarding information that we deem is of potential interest to you. Notices and
announcements may include commercial e-mails, telephone solicitations and other
notices describing changes, upgrades, new products and services or other
information pertaining to Internet security or to enhance your services and/or
other relevant matters.
13.
SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable, in
whole or in part, that term or provision will not affect the remainder of this
Agreement; this Agreement will be deemed amended to the extent necessary to make
this Agreement enforceable, valid and, to the maximum extent possible consistent
with applicable law, consistent with the original intentions of the parties; and
the remaining terms and provisions will remain in full force and effect.
14. ENTIRE
AGREEMENT. You
agree that this Agreement, the rules and policies incorporated by reference in
this Agreement (including, without limitation, the dispute policy and the
privacy statement) are the entire, complete and exclusive agreement between you
and us regarding our services and supersede all prior agreements and
understandings, whether written or oral, or whether established by custom,
practice, policy or precedent, with respect to the subject matter of this
Agreement, including, without limitation, any purchase order provided by you for
the Services.
15. ASSIGNMENT
AND RESALE.
Except as otherwise set forth herein, your rights under this Agreement are not
assignable or transferable. Any attempt by your creditors to obtain an interest
in your rights under this Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement voidable at our option. You agree not to
resell any of the Services without IDP prior express written consent.
16. GOVERNING
LAW.
a. Except as provided in
Section 21(b) below, and as set forth in Schedule A, Paragraph 7, concerning
domain name disputes brought by a third party, you and IDP agree that this
Agreement and any disputes hereunder shall be governed in all respects by and
construed in accordance with the laws of the Commonwealth of Virginia, United
States of America, excluding its conflict of laws rules. You and we each agree
to submit to exclusive subject matter jurisdiction, personal jurisdiction and
venue of the United States District Court for the Eastern District of Virginia,
Alexandria Division for any disputes between us under or arising out of this
Agreement. If there is no jurisdiction in the United States District Court for
the Eastern District of Virginia, Alexandria Division, for any disputes between
us under or arising out of this Agreement you and we agree that jurisdiction
shall be in the courts of
Fairfax
County,
Fairfax, Virginia.
b. The parties hereby waive
any right to jury trial with respect to any action brought in connection with
this Agreement.
c. The application of the
United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
17. AGREEMENT TO
BE BOUND. By
applying for a IDP service(s) through our online application process or
otherwise, or by using the service(s) provided by IDP under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and conditions
of this Agreement and documents incorporated by reference.
18. INDEPENDENT
PARTIES.
Neither party nor their employees, consultants, contractors or agents are
agents, employees or joint ventures of the other party, and they do not have any
authority to bind the other party by contract or otherwise to any obligation.
Each party shall ensure that the foregoing persons shall not represent to the
contrary, either expressly, implicitly, by appearance or otherwise.
19. WAIVER. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by an authorized representative of
IDP. The remedies of IDP under this Agreement shall be cumulative and not
alternative, and the election of one remedy for a breach shall not preclude
pursuit of other remedies. The failure of a party, at any time or from time to
time, to require performance of any obligations of the other party hereunder
shall not affect its right to enforce any provision of this Agreement at a
subsequent time, and the waiver of any rights arising out of any breach shall
not be construed as a waiver of any rights arising out of any prior or
subsequent breach.
20. EXPORT
RESTRICTIONS.
You acknowledge and agree that you shall not import, export, or re-export
directly or indirectly, any commodity, including your products incorporating or
using any IDP services in violation of the laws and regulations of any
applicable jurisdiction.
21. U.S.
Government Users.
In the event any software is provided by IDP to a U.S. Government User, the
software and accompanying documentation which are used as part of the IDP
service are "commercial items," as such terms are defined at 48 C.F.R. 2.101
(Oct 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sep 1995) and is provided to the U.S. Government only as a commercial end item.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(Jun 1995), all U.S. Government entities acquiring the use of the Service and
accompanying documentation shall have only those rights set forth herein.
22. FORCE
MAJEURE. Neither party shall be deemed in default hereunder,
nor shall it hold the other party responsible for, any cessation, interruption
or delay in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed
conflict, labor strike, lockout, or boycott, provided that the party relying
upon this section (i) shall have given the other party written notice thereof
promptly and, in any event, within five (5) days of discovery thereof and (ii)
shall take all steps reasonably necessary under the circumstances to mitigate
the effects of the force majeure event upon which such notice is based; provided
further, that in the event a force majeure event described in this Section
extends for a period in excess of thirty (30) days in the aggregate, IDP may
immediately terminate this Agreement.
23. HEADINGS. The section headings appearing in this Agreement are
inserted only as a matter of convenience and in no way define, limit, construe
or describe the scope or extent of such section or in any way affect such
section.
E-MAIL SERVICE TERMS AND
CONDITIONS
1. Description of
Service. Integrated
Data Processing, Inc. ("IDP") is providing you with the capability of sending
and receiving electronic mail via the Internet. You must: (a) provide all
equipment, including a computer and modem, necessary to establish a connection
to the Internet; and (b) provide for your own connection to the Internet and pay
any telephone service fees associated with such connection. IDP has set no fixed
upper limit on the number of messages you may send or receive through the e-mail
service; however, IDP restricts the number of recipients of any e-mail sent by
you to five hundred (500) per e-mail and retains the right, at IDP's sole
discretion, to restrict the volume of messages transmitted or received by you in
order to maintain the quality of our services to other customers and to protect
our computer systems. We, in our sole discretion, will determine whether or not
your conduct is consistent with this Agreement and any IDP operating rules or
policies and may suspend or terminate your e-mail service if your conduct is
found to be inconsistent with this Agreement or such rules or policies. The
e-mail service is subject to scheduled (from 2:01am eastern United States time
to 4:00 am eastern United States time every Saturday) and unscheduled outages
that will impact your ability to use the service. We will use commercially
reasonable efforts to restore the service after any unscheduled outages.
Moreover, in order to receive the e-mail service we (or our third party
provider) must host your domain name record. If you transfer your domain name
record to a third party in conjunction with a live web site, or for any other
reason, or allow your domain name registration to expire, you may no longer be
able to use the e-mail service. We will not refund the fees you paid for our
e-mail service if you elect to transfer your domain name record to a third
party.
2. Global Mailbox
Service. IDP may
make available to you the ability to subscribe to a Global Mailbox service. You
acknowledge and agree that, in the event you subscribe to the Global Mailbox
service, any electronic mail sent to the e-mail box of any user of your IDP
e-mail service (e.g., Person@Yourcompany.com) will also be sent to the e-mail
box set up for the Global Mailbox service. You further acknowledge and agree
that in the event your IDP e-mail and domain name services are terminated, any
future registrant of your terminated domain name that subscribes to the Global
Mailbox service may receive e-mails intended for receipt by you or a former user
of your e-mail service, and you agree that IDP shall have no liability to you or
any third party with respect thereto. You are solely responsible for providing
any and all necessary notifications regarding termination of your IDP e-mail
services, and you agree that IDP shall have no liability to you or any third
party with respect thereto.
3. SPAM Protection.
IDP's e-mail service includes real-time SPAM Protection provided by SpamRejection.com
service. All e-mail sent to your domain e-mail address(es) will be scanned by
SpamRejection.com systems to detect SPAM and to assist in preventing SPAM and
Viruses from
reaching your e-mail box(es). All e-mail detected as SPAM will be stored in
quarantine for 14 forteen days and then deleted and
will not be delivered to your email inbox. All domain e-mail box(es) automatically
include SPAM Protection but this feature can be disabled or configured by
IDP working with you and your users. You will be able to retrieve and send
yourself any email that is in your quarantine via our secure website. You acknowledge and agree that our SPAM
and Virus Protection features are not
guaranteed to be one hundred percent (100%) effective or error free and may
result in e-mail that is not SPAM being falsely identified as SPAM and deleted
by our system, or delivered to your e-mail box(es). You acknowledge
and agree that IDP shall have no liability to you or any third party with
respect to our SPAM Protection feature, your failure to receive any e-mail as a
result thereof, or your receipt of SPAM. If you have dedicated server
hosting level of service, you will have all other features that may be offered by
SpamRejection.com including reporting and other features without paying separate
subscription fees. Pricing for our SPAM Protection service is based on the
number of users. Total resource usage and other factors can cause adjustments in
the pricing of your SPAM Protection service. If the number of users you
have changes from your initial service by more than five users, you MUST report
the new total number of users within five business days.
Your failure to report changes and accurate counts of users at any time will be
considered a breach of this this agreement and IDP may terminate your service
with 24 hours notice.
Changes in the number of users may or may not affect the price of your service.
The sole determination of the cost of your service will be the determination of
IDP. If your price for SPAM Protection service is changing you will be
notified by email to the primary admin contact 30 days before price increase
will take effect UNLESS the price increase is due to IDP determination that you
have failed to report increases in users in a timely fashion. For failures
to report increased user counts you will be billed for the new number of users
for the current and all future billing periods until user counts change.
If you dispute any price changes due to IDP's determination that you have failed
to report new blocks of users, you may terminate the service without penalty if
termination notice is properly received within 24 hours, subject to all other
termination terms and conditions contained in this agreement.
4. Virus Protection.
IDP's e-mail service includes Virus Protection that scans your email, and
attachments thereto, to assist in the prevention of the transmission of viruses
to your computer system and/or e-mail program. All e-mail sent to your e-mail
address(es) will be scanned for viruses. If a virus is detected, the e-mail
message and/or attachment, as applicable, will be deleted and will not be
delivered to your email inbox. All e-mail box(es) automatically include Virus
Protection and this feature cannot be disabled or configured by you. You
acknowledge and agree that our Virus Protection feature is not guaranteed to be
one hundred percent (100%) effective or error free and may delete e-mail
messages and/or attachments that you may desire to view, or allow the
transmission of viruses to your computer system and/or e-mail program. You
acknowledge and agree that IDP shall have no liability to you or any third party
with respect to our Virus Protection feature, your failure to receive any e-mail
and/or e-mail attachments as a result thereof, or the transmission of viruses to
your computer system and/or e-mail program.
5. Additional Storage.
IDP may make available to you the ability to purchase additional storage for a
particular e-mail box in the specific increments described on our Web site. The
additional storage will be attributed to the e-mail box designated by you during
the application process, and your designation cannot be changed once made. The
term of the additional storage services will run concurrently with the
then-remaining term of the domain name to which the designated e-mail box(es)
is/are associated, and the price of the additional storage services will be
prorated accordingly (unless the designated e-mail box(es) is/are associated
with a domain name that is part of a monthly service, in which case the monthly
price will be added to the monthly invoices for that monthly service).
Termination or transfer of the domain name registration associated with the
e-mail box(es) to which the additional storage is/are attributed will result in
the termination of both the e-mail box(es) and any related additional storage
services, and such termination shall be without refund of any fees paid. Unless
provided otherwise on our Web site, in no event may a customer have more than
100 Megabytes of total data storage.
6. Billing for E-mail
Service. Billing
for annual e-mail services shall be by valid credit card (acceptable to IDP) at
the time of purchase or by purchase order and paid by check with approval. If
you elect to subscribe to monthly e-mail services, your monthly payments for the
same will be automatically charged to the credit card provided by you (and
acceptable to IDP) at the time of your purchase (with such payments being
charged in advance on a monthly basis) ("Monthly E-mail Service Fee"), and you
hereby agree that IDP is authorized to so charge your credit card. IDP, in its
sole discretion, shall determine the prices it will charge for the e-mail
services, and the terms and conditions applicable to the same, and IDP may, upon
providing thirty (30) days' notice to you, amend such pricing and/or terms and
conditions. If you do not agree with any such change(s), you may terminate this
Agreement or cancel your e-mail service subscription, as applicable, as provided
herein, within such thirty (30) day period; otherwise all such changes shall
thereafter be effective with respect to your account, and you agree that we are
authorized to charge your credit card for any new Monthly E-mail Service fee.
7. Privacy.
IDP will not monitor, edit or disclose the contents of your private
communications with third parties unless required to do so by law or in the good
faith belief that such action is necessary to: (a) conform to the law or comply
with legal process served on IDP; (b) protect and defend the rights or property
of IDP; or (c) act under exigent circumstances to protect the personal safety of
our customers or the public. You acknowledge and agree that IDP neither endorses
the contents of any of your communications nor assumes responsibility for such
content, including but not limited to any threatening, libelous, obscene,
harassing or offensive material contained therein, or any infringement of third
party intellectual property rights arising therefrom or any crime facilitated
thereby. You acknowledge and agree that certain technical processing of e-mail
messages and their content may be required to: (a) send and receive messages;
(b) conform to connecting networks' technical requirements; (c) conform to the
limitations of the e-mail service; or (d) conform to other similar requirements.
8. Customer Conduct.
You agree to be bound by the applicable provisions of the IDP Acceptable Use
Policy, incorporated herein and made part of this Agreement by reference, in
connection with your use of the services described in this Schedule. |
