This EMAIL SERVICE AGREEMENT ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day our Email Services (the "Email Services") are ordered.
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement by reference, and your subscription to the Email Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions which govern your use of the Email Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Email Services
Our Email Services provide the ability to send, receive, store, and retrieve electronic mail via the internet using an email address or multiple email addresses linked to your domain name. In order to use the Email Services, you must have a registered domain name with us or another domain name registrar and properly configured domain name records.
The Email Services generally allow you to:
a. Configure multiple POP3, IMAP, and/or web-based email accounts for use in connection with a registered domain name;
b. Manage email accounts via a control panel including creation, deletion, and password configuration;
c. Configure email accounts to work with email clients such as Microsoft Outlook to mobile email clients such as iPhone®, iPad®, BlackBerry®, and Android®
The Email Services may include both paid and free services. You acknowledge that the free Email Services may have reduced functionality or capability. You may upgrade to the paid Email Services at any time.
2. Provision and Configuration of the Email Services
Once the Email Services are purchased, an email hosting account will be created by us and you will be given access to the platform.
Once you receive access, you may setup and configure the Email Services.
3. Availability of the Email Services
Subject to the terms and conditions of this Agreement and each of our policies and procedures, we shall use commercially reasonable efforts to provide the Email Services on a twenty-four (24) hours a day, seven (7) day per week basis throughout the term of this Agreement. You acknowledge that from time to time, the Email Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction, (ii) periodic maintenance or update procedures, or (iii) causes beyond our reasonable control including, but not limited to, Denial of Service attacks, or black-listing caused by attempts at sending SPAM.
You acknowledge that each Email Services plan has limits ("Plan Limits") that you agree to adhere to. Failure to adhere to the Plan Limits may result in immediate suspension or termination of the Email Services without further notice. We reserve the right to suspend or terminate the Email Services at any time for failure to adhere to the Plan Limits or terms of this Agreement.
4. 3rd Party Email Clients and Software
The Email Services are compatible with third-party software clients such as Microsoft Outlook or mobile clients such as iPhone®, iPad®, BlackBerry®, and Android®
We make no representations or warranties about any third-party software and disclaim any liability or responsibility regarding their use in connection with our Email Services.
5. Spam and Virus Protection
Our Email Services include spam and virus protection scanning services for both incoming and outgoing email messages and attachments. All email sent to or from your email addresses will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to or from your email accounts, email clients, and/or computer systems. You are able to disable this protection from within your control panel but it is not recommended and you acknowledge that we are not responsible for any adverse effects caused by the disablement of this feature. You acknowledge and agree that our spam and virus protection scanning services are not guaranteed to be 100% effective or error-free. As such, the scanning services may delete email messages or prohibit the transmission to or from your email accounts that you otherwise wish to send or receive. It may also allow the transmission of spam or viruses to or from your email accounts, email clients, and/or computer systems. You acknowledge and agree that we shall assume no liability to you or any third party with respect to our spam and virus scanning services, your failure to send and/or receive email messages and/or attachments, or the transmission of spam and/or viruses to or from your email accounts, email clients, and/or computer systems.
6. Email Backup, Storage and Data Retention
Our Email Services are not an archive or backup service. You are solely responsible for maintaining independent backups of your email messages at all times. You acknowledge and agree that we shall assume no liability to you or any third party for any loss, damage, or destruction of your email messages, distribution lists, or other content stored in connection with the Email Services.
7. Plan Limits
You acknowledge that the Email Services may be offered with different plan limits. The plan limits may relate to, including but not limited to: (i) the amount of mail to be sent or received; (ii) the size of the mail to be sent or received; (iv) the size of mailboxes configured; (v) the number of mailboxes configured; (vi) the number of domain names to be used for the Email Services; and, (iii) the number of contacts allowed per address or distribution list.
Additionally, you acknowledge that each Email Services plan has pre-defined controls and restrictions that control the maximum amount of email messages you can send and receive and how that mail is sent. These controls and restrictions are put in place to maintain the integrity and performance of the Email Services.
The following maximum controls and restrictions are in place. We reserve the right to modify these controls from time to time as we feel is necessary to maintain the integrity and performance of the Email Services.
Incoming Message Limitations
There are (2) types of incoming message limitations:
1. Maximum 20MB message size. Incoming message over 20MB will be bounced.
2. The amount of disk space allocated to each mailbox. If your mailbox fills up, incoming messages will be bounced. It is your responsibility to review and understand your user and account settings for limiting total disk usage and warning message notifications to prevent this from occurring.
Outgoing Message Limitations
In order to prevent SPAM and the abuse of the SMTP outgoing mail service, the following outgoing message limitations are in place. We reserve the right to modify these controls from time to time as we feel is necessary to maintain the integrity and performance of the Hosting Services:
1. SMTP Relay quotas per-mailbox. 100 recipients per hour; 500 recipients per day
When you exceed this threshold, you will be denied the ability to send email until the following hour OR day, depending on which threshold you have exceeded. You will receive a connection error message when attempting to send that will say "Daily delivery limit exceeded" or "Hourly delivery limit exceeded".
2. SMTP Relay quotas per-domain. 5,000 emails per week.
When you exceed this threshold, all email messages sent from any email account configured with the Email Services will be denied the ability to send email until the following week. If the threshold is exceeded, users attempting to send email will receive a connection error stating "Weekly delivery limit exceeded".
3. SMTP Relays though the use of web forms. 100 recipients per hour; 1,500 per day.
If a domain name using any web-based forms exceeds either of these thresholds, additional messages sent will simply be discarded until the following hour OR day, depending on the threshold exceeded. The Plesk administrator for the Email Services will receive a courtesy email notifying them that the threshold has been exceeded.
8. SPAM Policy
You must comply with the EU Privacy and Electronic Communications Directive and all relevant regulations and legislation on bulk and commercial email. Please consult with appropriate legal counsel if you have any questions on your compliance. If in our sole discretion, we determine that you are in breach of the Directive or any relevant regulations and legislation, we reserve the right to suspend, disable or terminate the Email Services without notice to you.
9. Account Violations & Suspension
We reserve the right to suspend, disable, or otherwise terminate your access to the Email Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Email Services.
You must substantially address all spam-related inquiries from our personnel within 48 hours. Failure to respond within this time period may result in the immediate suspension, disablement, or termination of your Email Services.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Services, or any portion of the Services, for any violations to any terms in this Agreement.
10. Term and Termination
This Agreement shall commence on the first day that Email Services are ordered and shall remain in force continuously and uninterrupted so long as the Email Services are active. This Agreement shall renew upon payment of renewal by you.
All Email Services under this Agreement are provided on a pre-paid or advanced basis.
You may terminate this Agreement at any time without written notice. Upon termination, we shall terminate access to the Email Services and any data provided in connection with the Email Services immediately.
Last Updated 14 Aug 2018 00:00 UTC
Revisions: update to 101domain GRS Limited and jurisdiction to Ireland, update specific references to 101domain, Recitals, Section 8 (SPAM policy), remove specific referencs to Plesk, remove sections provided for and incorporated into Master Services Agreement, other minor updates and capitalization throughout.