SPHERE WEB HOSTING, LLC. Enterprise Email Additional Terms of Service
This Enterprise Email Additional Terms of Service is incorporated by reference in the Terms of Service. In addition to the Terms of Service, and the related documents included in the Terms of Service by reference, your use of the Enterprise Email Services is subject to the following additional terms and conditions:
Defined Terms
Some words and terms in this Enterprise Email Additional Terms of Service have particular meanings, whether capitalized or not. Terms defined in the Terms of Service have the same meaning when used in this Enterprise Email Additional Terms of Service.
"Mail Service" or "Mail Services" means the Sphere Web Hosting Enterprise Email Service described in the Plan you selected during the order process. "Mail Services" does not include any email applications that Sphere Web Hosting licenses for use on a Dedicated Server or Virtual Dedicated server.
Administration
Sphere Web Hosting will provision the initial environment. You will otherwise be responsible for administering your Mail Service, including adding mailboxes, managing settings, and configuring spam filters.
Support Availability
Access to support will be available 24 hours a day, 365 days a year. Sphere Web Hosting will provide Support to your designated administrator or technical contact on the account. Sphere Web Hosting will not provide support directly to your end-users, unless you purchase end-user support. To receive a quote for end-user support please contact our Customer Service department.
Limitations on Mail Services
Sphere Web Hosting provides certain services designed to filter unwanted email, such as spam, phishing scams, and email infected with viruses. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses. You are responsible for configuring the filters and are free to do so as You see fit. Email that is affected by the filtering system is excluded from the Service Level Agreement.
Delivery Failures
Sphere Web Hosting will use reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages. You hereby release Sphere Web Hosting and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of Sphere Web Hosting's filtering services to capture unwanted email, to capture legitimate email, or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient's email service provider.
Size Limitations
Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjust the storage capacity of individual mailboxes as needed. An individual email message that exceeds the per-message size limit may also be permanently lost. Currently the per message size limit is 50MB.
Email Limits
The following limits apply to each mailbox for Enterprise Email Hosting Accounts.
- You may send up to 3600 emails per hour.
- Mailing list larger than 3600 have to be sent during off-peak hours. Contact our Support Department for those hours
- You must throttle all sending of mailing lists, regardless of size, to 1 email every 1 second or longer.
Your use of our Service gives us permission, by You, to maintain one or more backups of Your files. We use an advanced backup System and while we strive to maintain current, accurate backups, You acknowledge that we do not provide a guarantee for the accuracy, date, or integrity of backups. For example, any changes to Your Email Account after the last backup and before the next backup cannot be restored. That means that not every item sent, received or stored is in the current backup files. This includes mailboxes, public folders and any other data within your account.
Bulk Mail
You may not use the Mail Services to send bulk mail unless you meet the requirements for sending Bulk Mail as outlined in the Acceptable Use Policy.
System Abuse
You may not use the Mail Services in a way that creates disturbances, technical or otherwise, for other Sphere Web Hosting mail customers or for the Sphere Web Hosting System generally. Including, but not limited to:
- No Shared Mailboxes. Each mailbox may be used by one person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to convert one mailbox into several virtual mailboxes;
- Automated Use. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs. Such use is permitted provided that you do not violate the Agreements or disrupt the normal operation of the mail system. We do not provide technical support for this type of use.
Customer Security Responsibilities
The Terms of Service require you to use reasonable security precautions in your use of the Services. For Mail Services, we stress the importance of using a desktop virus scanner and firewall on computers that are connected to the Internet. It is mandatory to use strong passwords for your Enterprise Email Account as well as for each mailbox under that account.
Archiving Services
Sphere Web Hosting's archiving services are designed to help you comply with various legal and regulatory requirements that may be applicable to you. Typically, this is a feature used for companies that need mail servers in compliance with the Sarbanes-Oxley Act of 2002. However, you are responsible for understanding the legal and regulatory requirements applicable to your business and for using your archiving service in a manner that complies with the applicable requirements.
If you elect to purchase archiving services, the archiving services will capture only the email that you send or receive after the date that the archiving services are implemented. Upon termination of your account for Mail Services or your archiving service, all your archived data will be destroyed and unrecoverable. To prevent this You can contact our Customer Service department, before canceling your account or archiving service, to make other arrangements.
Over-The-Air
You acknowledge that Sphere Web Hosting does not have specialized training with respect to wireless components, and agree that Sphere Web Hosting's support obligation with respect to wireless components is limited to such efforts as may be reasonably expected of technicians having generalized knowledge and training in information technology systems.
Fees
We may increase our fees for Mail Services at any time by posting the new fees on our website and providing notice to you via email. Fee increases will not be applied to your Mail Services purchased prior to the time of the fee increase until at least sixty (60) days after the date the new fees are first published, but any new Mail Services you purchase after a fee increase will be charged at the new fees.
Additional Suspension, Termination and Indemnification Grounds
In addition to the other grounds for suspension and termination stated in the Agreements, we may suspend your Mail Services or terminate the Service immediately and without notice if:
- You use your Mail Service in violation of the use restrictions in the Agreement, including those in the AUP;
- your Mail Service email address or related IP number is blacklisted by any third party, or Sphere Web Hosting is retaliated against as a result of your email, regardless of whether you are in breach of the AUP or other parts of the Agreements, or are otherwise at fault;
- we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.