Mailprotector Terms of Service
By accessing this site, provided by Virtual Connect Technologies, Inc. 'Provider', you acknowledge that you have read and agree to abide by the terms described herein. If you do not agree to such terms, you should immediately exit this site.
Provider may update these Service Terms from time to time without notice. All such guidelines and policies are incorporated by reference into the Service Terms.
Provider agrees to provide electronic messaging and or collaboration services including virus protection services and electronic messaging filtering services and/or Hosted Exchange services (the "Services"). Services may also include communications from Provider, including, but not limited to announcements, administrative messages, newsletter, advertisements and such communications. You may not be able to opt out of receiving these items. Features, services or other items subsequently added to the Services shall be subject to the Service Terms.
Provider reserves the right at any time to modify or discontinue the Services, or any part thereof, without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree to provide true and complete current registration information about yourself and to update such information so as to keep such information current. Failure to honor this clause may result in the suspension or termination of Services in whole or in part.
You may receive a password and user ID for use with the Services. Please keep the password and user ID confidential, as you are responsible for all activities that occur using your password or account. In the event that you believe that unauthorized use of your account or password is occurring, you will immediately notify Provider.
You agree to comply with our general business terms, listed here, and in our online Help Center.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Materials") regardless of source of origin, are the sole responsibility of the entity where such Materials originate. Provider is not responsible for Materials uploaded, downloaded, posted, transmitted, or otherwise accessible through the Services. Provider does not control Materials and does not guarantee the accuracy, integrity or quality of Materials. Provider is not liable for any Material or for any liability, loss or damage from the Materials or use of any Material or Services.
You agree to not use the Service to: (a) upload, email, transmit or otherwise make available any material that is unlawful, harmful, abusive, harassing, tortious, defamatory, obscene, invasive of another's privacy, or racially, ethnically or otherwise objectionable or for which you do not have the right to upload, email, transmit or otherwise make available; (b) impersonate any entity, including, but not limited to, a Virtual Connect employee or agent, or falsely state or otherwise misrepresent your affiliation with any entity, including the Virtual Connect Technologies, Inc; (c) upload, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the Virtual Connect Technologies, Inc.; (d) upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) upload, email, transmit or otherwise make available any material that contains any computer readable instructions, files or programs designed to or has the effect of interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment; (f) violate any applicable local, state, national or international law, intentionally, or unintentionally, including, but not limited to, regulations promulgated by the Securities and Exchange Commission, county or other municipal regulations, as well as any other regulations having the force of law; and (g) collect or store personal data about other users, including but not limited to the name, addresses, e-mail address, telephone number of other identifying or contact information.
Provider and its designees shall have the right to remove any Material that violates the Agreement or is otherwise objectionable and may, at its sole discretion, delete, inactivate, or terminate your account.
Provider may preserve Material and may also disclose Material if required by law or if it is believed that such steps are reasonably necessary to comply with any legal process; enforce the Service Terms; or respond to claims that any Material violates rights of third parties.Hosted Exchange server availability
Provider will use commercial best efforts to provide it's Hosted Exchange Customers with 99.9% Exchange server availability measured on a calendar month basis. To ensure optimal performance of servers, Provider will perform routine maintenance on the servers which may required servers to be periodically removed from service. Provider reserves one hour of server unavailability per month for such maintenance purposes and such unavailability will be excluded from uptime calculations. Whenever possible, maintenance will be performed during off-peak hours and Provider will provide advanced notice.
Under certain circumstances Provider may need to perform emergency maintenance such as security patch installation or hardware replacement. It is not practical to provide advance notice of such emergency maintenance procedures. Server unavailability stemming from such emergency maintenance will be excluded from uptime calculations.
Provider cannot guarantee availability under any of the following circumstances:
- Internet congestion
- Terrorist Attack
- Acts of God
Use of Microsoft Outlook® (or Entourage) service
Provider's Hosted Exchange Service (only) includes the licensing for Microsoft Outlook® or Entourage Software. End-users are allowed to install the software one time and only on one PC for each mailbox they purchase. Each end-user/individual using the Provider's Hosted Exchange service must purchase an individual Subscriber Access License (SAL) - otherwise know as a "mailbox" for this service. Sharing of a single mailbox across multiple users is not allowed unless additional licenses are purchased on a monthly basis for each user. If you cancel your Mailprotector Hosted Exchange account you acknowledge that you are responsible for uninstalling any Microsoft Outlook® or Entourage client software that is licensed as part of the service. Only Provider's Hosted Exchange Service includes this license - It is not included with other services offered by Provider.
You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, agents, or other partners and employees harmless from any liability or damages, including reasonable attorneys' fees, made by any third-party due to or arising out of Material you submit, post, transmit or make available through the Services, your use of Services, your connection to the Services, your violation of the this Agreement, or your violation of any rights of another.
Use & storage
Provider may store electronic messages and other Material for a maximum number of days upon expiration of which they may be deleted. Provider may also designate a maximum disk space per user, which, if exceeded, may result in Materials being deleted or the inability to use the Services. You agree that Provider has no responsibility or liability for deletion of any Materials including messaging or other communications.
Provider also reserves the right to impose an excess usage surcharge if user's activity drastically exceeds normal standards for user's type or size account. Any surcharge will be clearly communicated before imposition.
Hosted Exchange backup & retention policy
Provider uses industry standard backups of all system configurations and each mail store to provide disaster recovery for a period of 28 days. These backups are maintained in order to provide quick and accurate recovery if a mail store becomes corrupted or fails for another reason. This protects the customer in the event Provider suffers a system failure or other event that requires the recovery of an entire mail store. Provider will not be responsible for retaining any of your data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up intervals. Provider will not restore, provide on any storage media or send out any data pertaining to terminated accounts.
Provider, in its sole discretion, may terminate your password, account or use of the Services, and remove and discard any Material within the Service, for any reason, including, without limitation, lack of use, violation of this Agreement, or any guidelines or policies. You agree that any termination of your access to the Services under any provision herein may be without notice and agree that Provider may immediately delete your account and all related information and files in your account, and prevent future access to Services.
We do not require long term contracts, however if you decide to cancel your service, you will be charged for the entire billing period in which you request cancellation. We do not pro-rate charges. All cancellation requests must be received in writing at email@example.com from the Administrative Contact's email address.
The Services and any software used in connection with the Service, ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Provider grants a personal, non-transferable and non-exclusive license to use the object code of Software on a single computer without the right to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software.
Provider owns copyrights to the material on this website. Subject to these rights, you are free to view, copy, print and distribute Provider's material from this website, as long as:
- The material is used for information only.
- The material is used for non-commercial purposes only.
- Copies of any material include the following copyright notice: "© 2000-2009 Virtual Connect Technologies, Inc.".
- In no event shall the material on this website, including text, graphics, member lists, member information, or other material or information be used for commercial activities including but not limited to solicitation of business, advertising, or marketing without the expressed written permission of the Virtual Connect Technologies, Inc.
Third Party Terms
Provider’s solutions may incorporate one or more software components licensed from third parties. The following terms control your use of those products.
For all Microsoft Software Products incorporated in Provider’s solutions, regardless of where those products may be deployed, the following terms apply:
- You shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software Products;
- You shall not directly or in concert with others attempt to reverse engineer, decompile, or disassemble the Microsoft Software Products, except to the extent that such activity is expressly permitted by applicable law;
- YOU ACKNOWLEDGE THAT MICROSOFT DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES PERTAINING TO THE MICROSOFT SOFTWARE PRODUCTS AND ANY LIABILITY BY MICROSOFT OR ITS SUPPLIERS FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE PROVIDER’S SERVICES;
- You acknowledge that if any technical support is available in connection with Provider’s Services, that support will come from Provider or a third party on Provider’s behalf (and not Microsoft or its suppliers;
- You acknowledge that it may be necessary under some circumstances for Provider to provide the identities of its customers in connection with Provider’s licensing obligations, and you expressly consent to such disclosures, to the extent that they are so required;
- YOU ACKNOWLEDGE THAT THE MICROSOFT SOFTWARE PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY SITUATION WHERE FAILURE OR FAULT OF ANY KIND COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK USE”). YOU ARE NOT LICENSED TO USE THE PROVIDER’S SERVICES OR ANY OF THEIR COMPONENTS IN, OR IN CONJUNCTION WITH, ANY HIGH RISK USE. HIGH RISK USE IS STRICTLY PROHIBITED.
For all Microsoft Software Products incorporated in Provider’s solutions and installed on your computers (e.g., client software, such as Microsoft Outlook®), the following, additional terms apply:
- The Licensed Products are licensed to Provider from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Licensed Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Licensed Products) are owned by Microsoft or its suppliers. The Licensed Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Licensed Products does not transfer any ownership of the Licensed Products or any intellectual property rights to you.
- You may use any software installed on your devices by Provider that allows those devices to access or utilize the services or functionality provided by Provider (the “Client Software”) only in accordance with the instructions, and only in connection with the services, provided to you by Provider. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
- In connection with the services provided to you by Provider, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO PROVIDER, WHICH TERMS MUST BE PROVIDED TO YOU BY PROVIDER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Provider.
- You may not make any copies of the Licensed Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Provider; and (b) you may make copies of certain Redistribution Software in accordance with these terms. You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Provider, upon notice from Provider or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Licensed Products.
- You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Licensed Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Licensed Products except for the sole purpose of accessing the functionality of the Licensed Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Provider.
- Without prejudice to any other rights, Provider may terminate your rights to use the Licensed Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Provider or Provider’s agreement with Microsoft under which the Licensed Products are licensed, you must stop using and/or accessing the Licensed Products, and destroy all copies of the Licensed Products and all of its component parts.
- The Licensed Products are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and U.S. laws that apply to the Licensed Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
- In addition to any liability you may have to Provider, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
"VIRTUAL CONNECT TECHNOLOGIES", "MAILPROTECTOR", "CLOCKWISE", "MAKE CONTACT","THE SAFE MESSAGING ALLIANCE", "SIMPLY SECURE.", "MPPARTNERS", and Provider's Logos are trademarks or service marks of the Provider. You may not use these or any other Provider trademark or service mark without written permission from Provider.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS 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. PROVIDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICE TERMS. PROVIDER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, INABILITY TO CAPTURE ALL VIRUSES, INABILITY TO FILTER ALL SPAM, MIS-DELIVERY, DELAY, OR FAILED DELIVERY OF ELECTRONIC MESSAGES DUE TO FILTERING OR FAILURE TO STORE ANY COMMUNICATIONS.
Limitation & liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS DUE TO COMPUTER VIRUS INFECTION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notice & communications
Notices to you may be made via either email or regular mail and are deemed effective 24 hours after the next business day from the date of the transmission.
The Provider welcomes the use of electronic mail (e-mail) for sending and receiving information. However, e-mail is not a secure form of communications and should not be used to transmit sensitive, confidential or private information. Therefore, the Provider does not treat e-mail as confidential, private or sensitive.
Any material, information, or idea submitted or posted on this website will be considered non-confidential and non-proprietary. The Provider may use such information for any purpose whatsoever, without royalties. Personal data will be treated as set forth in our Privacy Statement.
Jurisdiction & choice of law
This agreement and all claims or issues regarding this website, shall be governed according to the laws of the State of South Carolina without regard to its choice of law principles.
Any legal action by you concerning these terms or this website must be brought within one (1) year after the circumstances that give rise to the claim or cause of action arise and must be brought in the federal or state courts in Greenville County, South Carolina. You irrevocably submit to venue and personal jurisdiction in Greenville County, South Carolina.
If Provider initiates legal proceedings to collect any fees that are due, or to enforce these terms, you agree to pay Provider's legal costs and expenses, including reasonable legal fees.
Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Provider's Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner's behalf. Provider's Designated Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by:
VirtualConnect Technologies, Inc.
ATTN: COPYRIGHT INQUIRIES
3089 S. Hwy 14 Greer, SC 29650
The Service Terms constitute the entire agreement between you and Provider and governs your use of the Service, superseding any prior agreements between you and Provider. The failure of Provider to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the this agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. The section titles in this agreement are for convenience only and have no legal or contractual effect.