1. Introduction.
SpamBlockerServices.com, agrees to provide an e-mail anti-spam, anti-virus
and relay service ("Service") to the Customer. "Customer" or "You" means
the persons, entity or agents and authorized representatives subscribing
to this Service.
By subscribing to and/or using this Service, the Customer accepts the
terms of this Agreement.
2. Description of Service.
SpamBlockerServices.com agrees to provide a month-to-month subscription service with the
following characteristics:
Spam blocking - SpamBlockerServices.com will use its best efforts to block
as much spam as possible. The website www.SpamBlockerServices.com
describes the current methods used to block spam. Customer understands
that it is not possible to block 100% of all spam.
Anti-virus – SpamBlockerServices.com will use its best efforts to block
all virus email. Our email signature files are updated multiple times
daily and monitored by our staff. New virus emails are sent daily and we
react and update our systems daily.
Mail relay - The Service will temporarily store or "spool" Customer's
e-mail messages, for the domains subscribed, in the event the Customer's
(in-house) mail system is off-line.
Reliability - SpamBlockerServices.com will use its best efforts to provide
a reliable service with built-in redundancy. The website
www.SpamBlockerServices.com describes the methods used to achieve high
reliability.
Confidentiality - SpamBlockerServices.com certifies that this service does
not log or archive the content of email messages. While our service logs
each email message, the log consists of only the sender's email address,
IP address and the Subject line of the email.
3. Technical Obligations by Customer.
In order to use this Service, the Customer must change the "MX" records
for the domain(s) which uses this Service. If the Customer does not have
direct access to the "MX" records, e.g. the domain runs at a Hosting
company, the Customer must take the steps necessary to have the MX records
changed and work with our technical staff.
Since only the Customer (and the Hosting Company) has legal access to the
"MX" records, SpamBlockerServices.com cannot make the change. This is
entirely the Customer's responsibility assisted by our technical staff.
Customer will store the original "MX" records before activating this
Service. The original "MX" records may be needed if this Service is
terminated.
If this Service is terminated, either by the Customer or by
SpamBlockerServices.com, the Customer must promptly remove this Service
from the "MX" records of the domain(s), e.g. by restoring the original "MX
records. FAILURE TO DO SO MAY CAUSE ALL E-MAIL TO THE DOMAIN(S) TO BE
LOST.
4. Service Pricing.
The current Service pricing is published at www.SpamBlockerServices.com.
SpamBlockerServices.com reserves the right to change the published pricing
at any time and for any reason. In the event of a price increase, affected
customers will be notified by e-mail and will be offered a minimum of
three months Service at the original (lower) price. In the event of a
price decrease, all affected Customers will automatically receive the
lower price on the next billing.
5. Payments.
Fees. If customer elects to continue service beyond the 30 day trial
period, customer shall pay service fees as agreed during account signup.
SpamBlockerServices.com may, at its discretion, accept Purchase Orders
from qualified organizations; these will be invoiced quarterly or yearly,
as stipulated in the Purchase Order, and payment is due thirty (30) days
from invoicing. SpamBlockerServices.com may, at its option, charge a 1˝ %
fee for late payments.
Account Updates. It is the responsibility of the Customer to maintain
accurate billing information with SpamBlockerServices.com. This may
include updated e-mail address and mailing address.
Taxes. If Customer resides in a city, state or country which charges taxes
for this Service, Customer is solely responsible for the payment of those
taxes.
Failure to Pay. SpamBlockerServices.com may terminate this Agreement upon
failure of Customer to pay charges when due. Such termination will not
relieve Customer of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees. As described in Sections
3 and 6 of this Agreement, upon termination Customer must take steps to
avoid losing e-mail messages.
6. Term and Termination.
Term. The initial term (one month or one year) is agreed upon during
account signup. After the initial term, this Agreement will automatically
renew on a month-to-month basis until terminated.
Termination by Customer. Customer may terminate this Service at any time
upon ten (10) days written or e-mailed notice to SpamBlockerServices.com.
If Customer notifies SpamBlockerServices.com less than ten (10) days
before the next monthly credit card billing, Customer will be billed for
one month, and this amount in whole or part, is not refundable.
Termination by SpamBlockerServices.com. SpamBlockerServices.com may
immediately terminate this Agreement and Service for cause at any time
without penalty. Causes justifying immediate termination include, but are
not limited to: violation of any United States federal or state law;
violation of the Usage Policy in Section 8; breach of this Agreement.
SpamBlockerServices.com may terminate this Agreement and Service upon ten
(10) days notification for non-payment of fees due under Section 5 of this
Agreement. SpamBlockerServices.com may terminate this Agreement and
Service without cause at any time upon thirty (30) days written notice to
Customer. In the event SpamBlockerServices.com terminates this Agreement
without cause, any Customers that have pre-paid for more than one month
will be entitled to a pro-rated refund.
SpamBlockerServices.com Obligations Upon Non-Immediate Termination. If
this Service is terminated by Customer, by SpamBlockerServices.com due to
Customer's non-payment, or by SpamBlockerServices.com without cause
following thirty (30) days notification, SpamBlockerServices.com agrees to
give Customer a 10-day disconnect notification via regular mail and
e-mail. After 10 days, SpamBlockerServices.com may at its sole discretion,
remove Customer's Domain names from its Service.
Customer Obligations Upon Termination. Upon termination, whether
terminated by Customer, SpamBlockerServices.com, non-payment or any other
reason, Customer must take the following steps to avoid losing e-mail:
Remove this Service (relays) from Customer domain's "MX" records.
Since only the Customer has legal access to the "MX" records,
SpamBlockerServices.com cannot make the change. This is entirely the
Customer's responsibility.
CUSTOMER UNDERSTANDS THAT FAILURE TO DO SO MAY RESULT IN THE LOSS OF ALL
E-MAIL SENT TO THE CUSTOMER'S DOMAINS AND MAILBOXES.
7. Bandwidth, Mailboxes and Disk Usage.
Customer agrees that bandwidth usage (also called "Transfer") and the
number of mailboxes (also called "e-mail addresses") shall not
substantially exceed the amount ordered during signup or thereafter.
SpamBlockerServices.com reserves the right to audit bandwidth usage,
estimate the number of active mailboxes and to bill Customer if these are
exceeded.
SpamBlockerServices.com acknowledges that excessive bandwidth usage may be
beyond Customer's direct control. If in SpamBlockerServices.com's sole
opinion, excessive bandwidth is due to "mail bombing" or malicious
person(s) outside of Customer's control and Customer has abided by Section
8 of this Agreement, SpamBlockerServices.com will waive the "Excessive
Transfer" charge, but only for the first occurrence. On any additional
occurrence, Customer must pay the "Excessive Transfer" charge or
SpamBlockerServices.com reserves the right to terminate this Agreement and
Customer's Service.
If SpamBlockerServices.com determines that the number of active mailboxes
substantially exceeds the number ordered, SpamBlockerServices.com may
immediately terminate the Service without any disconnect notification.
SpamBlockerServices.com may also report this as possible theft of service
to law enforcement agencies and pursue all available legal remedies.
In the event Customer's mail system goes off-line, this Service is
designed to "spool" (or save) all e-mail messages until the Customer's
mail system is back on-line. During this time, the e-mail messages will be
saved on SpamBlockerServices.com's servers and thereby use Disk space.
SpamBlockerServices.com reserves the right to limit the amount of disk
space used to 25% of the monthly Transfer limit, i.e. to 250 - 1000
megabytes per domain.
8. Usage Policy.
Customer agrees to use this Service as intended and in a lawful manner.
Specifically:
Customer will not knowingly transfer any information through this Service
which violates any copyright, trademark or other proprietary rights of any
third party. Preferably, Customer will have a company policy which
explains to employees that it is illegal to transmit or possess such
information. As described in Section 11 of this Agreement, Customer will
indemnify SpamBlockerServices.com. (In other words, if
SpamBlockerServices.com is sued because your employees are e-mailing
copyrighted MP3 files through this Service, you will pay all costs related
to this suit.)
Customer will not engage in sending Unsolicited Commercial or Bulk E-mail
(spam).
Customer will not attempt to undermine the security or integrity of, or
gain unauthorized access to, SpamBlockerServices.com's computing systems
or networks.
If SpamBlockerServices.com becomes aware of a violation of the Usage
Policy, SpamBlockerServices.com will investigate and may, in its sole
discretion, terminate this Agreement and Service.
9. Disclaimer of Warranty.
Customer agrees to use all Services and/or Software provided by
SpamBlockerServices.com at Customer's own risk. THE SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. EXCEPT
AS EXPRESSLY PROVIDED HEREIN, SpamBlockerServices.com AND ITS OWNERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO
WARRANTY IN CONNECTION WITH SpamBlockerServices.com'S SERVICES AND/OR
SOFTWARE, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SpamBlockerServices.com
MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR
FREE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY
SpamBlockerServices.com PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY
ON ANY SUCH INFORMATION OR ADVICE.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
SpamBlockerServices.com, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS, VENDORS, AND THE LIKE, BE LIABLE FOR ANY LOST PROFITS, LOST
BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE
SpamBlockerServices.com's SERVICES, EVEN IF SpamBlockerServices.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ITS
SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO
SpamBlockerServices.com.
11. Indemnification.
Customer shall indemnify, defend and hold harmless SpamBlockerServices.com
against any third party claim, action, suit or proceeding arising as a
result of Customer’s use of SpamBlockerServices.com's services. This means
that if SpamBlockerServices.com is sued because of a customer's activity,
the customer will pay any damages awarded against SpamBlockerServices.com,
plus all costs and attorney's fees. Customer and SpamBlockerServices.com
will promptly notify each other upon receipt of any third party claim or
legal action arising out of or relating to this Agreement or Service. The
terms of this section shall survive any termination of this Agreement.
12. Force Majeure.
SpamBlockerServices.com shall not be liable for service failure due to
circumstances beyond its reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, unavailability
of, interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware
or inability to obtain supplies, equipment or power.
13. Disclosure to Law Enforcement.
Customer is specifically prohibited from using this service for illegal
activities. SpamBlockerServices.com may disclose any and all Customer
information including account history, account use, etc. to any United
States law enforcement agency that makes a written request without further
consent or notification to the Customer. If any illegal activity is
detected by SpamBlockerServices.com or any United State law enforcement
agency, SpamBlockerServices.com shall have the right to immediately
terminate this Service.
14. General Provisions.
Amendment. SpamBlockerServices.com may modify this Agreement at any time.
You will be notified by e-mail of any, in SpamBlockerServices.com's
opinion, significant modification, which, for existing Customers, will
take effect thirty (30) days after notification. By continuing to use this
Service after the 30-day notification period, you accept and agree to the
modification to this Agreement. If the modification is unacceptable to
you, you may terminate your Service as provided in Section 6.
SpamBlockerServices.com reserves the right to change its service offerings
and to determine whether and when any such changes apply to both existing
and future customers.
Governing Law. This Agreement will be governed and construed in accordance
with the laws of the State of Iowa. Both parties agree to submit to
personal jurisdiction in Iowa and further agree that any cause of action
arising under this Agreement will be brought in a court in Linn County,
Iowa.
Severability and Waiver. If any provision of this Agreement is held
invalid or unenforceable for any reason, the remaining provisions will
continue in full force without being impaired or invalidated in any way.
The waiver by either party of a breach of any provision of this Agreement
will not operate or be interpreted as a waiver of any other or subsequent
breach.
Enforcement. Non-enforcement of waiver of any section of this agreement
does not constitute consent or continuing waiver. SpamBlockerServices.com
reserves the right to enforce this agreement at its sole discretion.
Relationship of Parties. No agency, partnership, joint venture, or
employment relationship is created by this Agreement and neither party has
the power to bind the other party.
If Customer is a reseller of SpamBlockerServices.com's Service, Customer
will require its own customers to abide by this Agreement or substantially
equivalent terms.
Entire Agreement. This Agreement, together with the information entered by
Customer during signup, represents the entire represents the entire
agreement between the parties, and supercedes all previous
representations, understandings or agreements.
Attorneys Fees and Costs. In the event that any legal action becomes
necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled, in addition to its court costs, to
such reasonable attorneys’ fees, expert witness fees and legal expenses as
may be fixed by a court of competent jurisdiction.
