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SECNAP IONSPAM Hosted Email Security Services
End User License and Terms of Service, including Acceptable Use Policy Revised March 8, 2010
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SECNAP IONSPAM™ EMAIL or SPAMMERTRAP EMAIL SECURITY SERVICE.
The following are the terms and conditions for use of SECNAP Network Security Corporation ('SECNAP') IONSPAM email Service (hereinafter “the Service”). By using the Service, you are stating that you agree to be bound by all the terms and conditions of this Service. If you do not agree to these terms and conditions you must discontinue use of these services. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM SECNAP OR AN AUTHORIZED SECNAP RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL PURCHASER.
Although we may attempt to notify you via your email address when major changes are made, you should visit this page (http://www.secnap.com/legal/ionspam.html) periodically to review the terms. SECNAP may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the email service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
DESCRIPTION OF SERVICE. SECNAP's IONSPAM™ email Service consists of Simple Mail Transfer Protocol (SMTP) Service for inbound and outbound email. Email passes through the Service which performs computerized content inspection and attachment filtering to find and eliminate computer viruses, trojan horses, worms and other harmful computer code. Incoming email addressed to you is filtered to identify Unsolicited Commercial eMail (UCE or “spam”) and route the spam according to the spam handling options chosen by you or the site administrator for your domain’s email. Email’s sent to you, or originated from you, are inspected by our systems, scanning email for viruses, worms, trojan horses, and other forms of harmful computer code. If an email is found to contain a virus, trojan horse, worm, or other harmful computer code, this email will be acted upon by our systems to block its transmission. Inbound attachments to email messages sent to you are quarantined according to site or domain administrator settings. Outbound attachments sent by you that contain executable code or scripts will be quarantined to provide an extra measure of protection. Unsolicited Commercial Email (UCE or spam) in emails that are sent to you are handled according to the spam handling settings for your domain in affect at the time of transmission.
ACCOUNT NAMES, PASSWORDS AND SECURITY. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SECNAP immediately of any unauthorized use of your account or any other breach of security or the IONSPAM Services.
PRIVACY. It is SECNAP’s policy to respect the privacy of its members. SECNAP will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless SECNAP has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SECNAP; (3) enforce the Terms Of Service; or (4) act to protect the interests of its members or others. You agree that SECNAP may access your account, including its contents, as stated above or to respond to service requests or technical issues. SECNAP does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your email account. We will not use any of your content for any purpose except to provide you with the Service.
CONTENT SENT TO AND FROM THE SERVICE. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS. The amount of email storage space is currently limited to allow for normal email processing. Spooling (storing email if your mail server or network is not accepting email) will be limited to 5 days of storage unless other arrangements are made. Quarantined messages will be deleted according to your domain's current policy. Some email messages may not be processed due to space constraints or outbound message limitations. No email message will be accepted that is larger then 32MB in size, attachments included. Outbound messages may be throttled or rate limited to avoid network or service problems. You agree that SECNAP is not responsible or liable for the deletion or failure to store messages or other information.
ACCEPTABLE USE POLICY (AUP). As a condition of your use of the Service, you warrant to SECNAP that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
By way of example, and not as a limitation, you agree not to:
Your failure or the failure of your users to comply with the AUP may results in suspension or termination, or both, of the Services pursuant to this Agreement. SECNAP has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, SECNAP reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. SECNAP reserves the right to block, delete, throttle or rate limit any outbound messages that violate this AUP. DISCLAIMERS/LIMITATION OF LIABILITY. in no event shall SECNAP and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if SECNAP or any of its suppliers has been advised of the possibility of damages. INDEMNIFICATION. You agree to indemnify and hold SECNAP, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. TERMINATION. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to SECNAP; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Charges for service previously billed are non-refundable and are forfeit as liquidated damages. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. PAYMENT. Fees for IONSPAM™ email Service are due monthly in advance. You have the option of paying annually in advance. Failure to pay invoices when due may cause SECNAP to interrupt or terminate your Service, resulting in disruption of your ability to send/receive email. SECNAP NETWORK SECURITY CORP. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SECNAP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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"SECNAP is always responsive to our needs, and their senior management is readily available to discuss any service and support concerns. They take the toil out of network security management so that we can focus our energy on critical business." Jim Voros, Director of IT Operations, Greenwich Associates |