Terms of Service

The following agreement is to cover all products and services provided by Exchange My Mail, Inc., its affiliates, successors and assigned ("EMM") to its customers. (Customer)

30 Day Money Back Guarantee

Exchange My Mail, 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.exchangemymail.com. Please supply a reason for cancellation (for our records). Blackberry, Goodlink and all other services are not part of this offer.

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 (help.exchangemymail.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. Exchange My Mail, Inc reserves the right to cancel a subscription at any point in time.

Spam/Junk Mail Policy

Sending spam through Exchange My Mail is not permitted and will not be tolerated. Exchange My Mail, Inc may terminate any customer violating this or any Exchange My Mail service policy. Exchange My Mail, Inc reserves the right to immediately stop service to anyone violating its policies. Exchange My Mail, Inc will not be held responsible for customer domains being blocked by ISP's for sending out spam mail. Exchange My Mail, Inc reserves the right to cancel or suspend any customer sending out spam or unwanted email either knowlingly or unknowlingly. Exchange My Mail, Inc may limit the number of outgoing messages to 100 per individual mailbox.

Service Level Agreement

Exchange My Mail, 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 Exchange My Mail, Inc is of utmost importance. Exchange My Mail, 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 - Exchange My Mail, 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 Exchange My Mail, 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 Exchange My Mail, Inc in excess of the cost of provided monthly service. Total liability of Exchange My Mail, Inc will not exceed one full months service fee.

Data Transmission

Customer agrees that Exchange My Mail, Inc shall not be held responsible for any unauthorized access or data modification stored or transmitted by Exchange My Mail, Inc. Customer also agrees Exchange My Mail, 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

Exchange My Mail, 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 Exchange My Mail, Inc's policy to delete or quarantine any affected messages prior to delivery. Exchange My Mail, Inc utilizes the most up to date technology to help provide protection to Customer. It is impossible to protect against all threats and therefore Exchange My Mail, Inc shall not be held responsible for any new viruses not detected by Postini. Customers are responsible for their own PC's. Exchange My Mail, Inc highly recommends all Customers run local anti-virus software for additional protection. Exchange My Mail, Inc will not be held responsible if Customers domain name in blocked by ISP's for sending virus emails. Exchange My Mail, Inc will not be held responsible for virus-infected messages originating from email services inside or outside Exchange My Mail, Inc.

Licensed Microsoft Software

Service with Exchange My Mail, Inc includes licensing for Microsoft Outlook Software. Exchange My Mail, Inc will pay associated licensing fees, however we will charge a small fee to ship to Customer if requested. Customer is only allowed to install software on one machine for each mailbox. Customer agrees that if account is cancelled Microsoft Outlook licensed as part of Exchange My Mail, Inc's service will be uninstalled.

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. Exchange My Mail, Inc is not liable for email lost due to oversized mailboxes.

Passwords

Exchange My Mail, 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. Exchange My Mail, Inc expects it's customers to use passwords that consist of numbers and letters as well as special characters to hamper unauthorized access. For security reasons, Exchange My Mail, 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, Exchange my Mail, Inc may at it's sole discresion suspend or cancel said mailbox. Specifically mailbox passwords such as "password", "password123", "passwordpassword", "password1","password01" are not permitted at all.

Account Cancellation

Prior to cancellation, all data stored on Exchange My Mail, Inc's servers may no longer be accessible. It is Customer's responsibility to move this data before requesting cancellation. Exchange My Mail, Inc will not guarantee data retrieval after account has been cancelled.

Nightly Disaster Recovery Backups

Exchange My Mail, 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 Exchange My Mail, 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 maintennce schedules restoration tests are performed. Backup retention time is 5 days, however Exchange My Mail, Inc does not guarantee a valid backup is available for each night of this 5 day period. If a disruption of the Service occurs, EMM 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, EMM 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. EMM is not responsible for data loss resulting from the failure or loss of backup media.

Mailbox Restoration

Exchange My Mail, Inc recognizes that from time to time, users or administrators 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 EMM's disaster recovery procedures, EMM reserves the right to charge for these restorations for a fee of 150$ USD per hour. (Minimum fee of 75$ USD.) 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.) EMM 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 EMM must restore the items from the backups employed in our disaster recovery systems, Exchange My Mail 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.

LIMITED LIABILITY

Exchange My Mail, 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 Exchange My Mail, 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.

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