SERVICE SPECIFIC TERMS FOR EMAIL SECURITY
These are the terms applicable to the use of our Email Security Mailbox Service.
This Service is available as an upgrade to our Microsoft Hosted Exchange Mailbox Service (Exchange) or as a stand-alone service. If you purchase this Service as an upgrade to Exchange and you subsequently cancel Exchange, this Service will also cancel unless you expressly choose to keep the Service.
If you wish to select this Service, you must review and agree to these Service Specific Terms. If you confirm your agreement, these terms will immediately form part of your customer agreement with us and you will be entitled to receive the Service in accordance with the terms of that agreement as added to by the terms set out in this document. These Service Specific Terms should therefore be read in conjunction with our general Trading Terms.
The definitions set out in the customer agreement shall also apply to these Service Specific Terms.
2. USAGE RESTRICTIONS
2.1 We offer various different storage options (which have both an overall limit and a per-email limit). You must select an option that allows sufficient storage capacity for anticipated usage of the Service.
2.2 Once the Service is activated, you must keep usage under review and not at any time exceed the chosen storage capacity. If you do need additional capacity, you can upgrade the selected storage capacity by contacting email@example.com.
2.3 Throughput for each mailbox must not exceed 1GB per month, 1,000 emails in any day or 500 emails in any 10 minute period.
2.4 If you have purchased this Service as an upgrade for Exchange this throughput limit is shared with Exchange and is not an additional limit – therefore the total limit for both Services is 1GB per month, 1,000 emails in any day or 500 emails in any 10 minute period, or any other limit applicable to an upgrade you have purchased.
2.5 We may, but are not required to, impose controls to prevent the usage limits being exceeded. If the usage limits are exceeded you may not be able to use the Service and/or data which has been uploaded may be deleted. We will not be responsible for any losses you may suffer as a result of being unable to store or recover data as a result of usage limits being exceeded.
2.6 Compliance with usage restrictions is calculated separately for each Customer.
Various upgrades to the Service are available – where you add an upgrade, your usage will continue to be governed by these Service Specific Terms, although
some upgrades may have their own Service Specific Terms which will apply in addition.
4. FEES AND PAYMENT
4.1 The Fees will be charged as agreed with you at the time of ordering the service.
4.2 If you exceed the relevant storage capacity limit or throughput limit in any month we reserve the right to charge additional Fees, being the difference between the Fees applicable to the package you selected and the Fees applicable to the least expensive package which would have provided sufficient storage capacity or throughput limit for your actual usage.
5. VIRUSES AND SPAM FILTERS
Service Specific Terms: Email Security Mailbox Upgrade
5.1 Our Service provides advanced business grade security.
5.2 The Service includes a virus scanning engine, which we will provide in accordance with good industry practice. However, you should understand that viruses and other malicious code are deliberately designed in ways intended to circumvent virus scanners and that new viruses are being developed all the time which may be received by you prior to being identified by the security industry. In common with other suppliers of anti-virus service we cannot therefore provide any guarantees that all viruses and malicious code will be identified and blocked by the scanner and therefore that the Service and emails received will be free from viruses and other harmful content.
5.3 You must ensure that any device connected to the Service is protected by on-device anti-virus and anti-malware software and that all important data is backed up on a regular basis.
5.4 The Service also includes a spam filter, which we will provide in accordance with good industry practice. You should be aware that senders of spam email deliberately design such emails to circumvent spam filters, and emails that may be considered to be spam by some users may not be considered to be spam by other users. In common with other providers of anti-spam facilities we cannot therefore provide any guarantees that all spam will be successfully blocked.
5.5 As you would expect, in providing the parts of the Service described in paragraphs 5.2 and 5.4 we may need to delete emails and/or attachments. On occasion we may delete “false positives”, meaning that emails you would consider to be legitimate are deleted. You accept that this is a risk inherent in this type of service.
5.6 We will hold any emails that we identify as spam for a period of 14 days from receipt. It is the Customers’ responsibility to check all emails identified as spam during this period to identify any “false positives”.
5.7 Given the risks explained in this paragraph 5 we are unfortunately unable to accept liability for any damage caused to your computer systems, network, business or reputation as a result of an undetected virus or spam email.
6. OUTGOING EMAIL
6.1 We reserve the right to scan outgoing email to identify emails sent via our servers which contravene our acceptable use policy (see clause 5 of your reseller / customer agreement), including spam emails, emails that include viruses or other malicious code, emails that are sent from compromised devices on your / the Customer’s network and emails sent in excessive volume or in an otherwise unusual or unexpected manner.
6.2 If our scanning software identifies an email as likely to breach our acceptable use policy or to increase the potential of our servers being blacklisted or subjected to restrictions or enhanced monitoring by third party mail servers then we may refuse to transmit that email, such that it will not be received by the intended recipient. As scanning is conducted by an automated process there may occasionally be “false positives” identified, resulting in emails that you may consider legitimate being blocked. You accept that this is a necessary risk to protect our servers and the end users of our servers as a whole.
6.3 Nothing in these Service Specific Terms imposes any obligation on us to scan outgoing emails, and you retain full responsibility for ensuring that all outgoing emails comply with our acceptable use policy. We reserve our rights arising out of any breach of our acceptable use policy, whether or not the email is blocked by our scanners. We are unable to accept any liability arising as a result of any email which fails to reach its intended recipient as a result of
being blocked as described in this paragraph 6.
7. ARCHIVING, DATA STORAGE AND BACKUPS
7.1 The Service has optional archiving facilities at additional cost. If you choose to purchase these facilities then we will archive all emails for the selected archive period. You should be aware however that the archive is not intended to be the primary storage location for the emails nor to be your sole back-up. You must not rely solely on our archiving facilities and must arrange alternative back-up facilities for the emails.
Service Specific Terms: Email Security Mailbox Upgrade
7.2 We are not responsible for any loss of or corruption of data held in our archiving storage system which are provided on an “as is” and “as available” basis without any obligation in relation to their availability or performance.
7.3 From time to time our engineers or our supplier’s engineers may access our archiving storage system to carry out maintenance, upgrades and other similar work.