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Self-Service Email Hosting Terms
of Service
(Version 4.0; Revised Aug, 2009)
By submitting your order and providing your information on
the Self-Service System,
you, the "Customer," accepts and agrees without limitation or
qualification, to all of the terms and conditions in this
Agreement (Terms of Service) as described herein.
Self-Service
reserves the right to update or change the terms, conditions
and notices of its services from time to time to reflect
changes in the service, changes in the laws affecting the
services, or for any other reasons. In such event, new
Terms of Service will be posted on the site and your
continued participation in the service shall be considered as
your acceptance and agreement with the new Terms of
Service.
Self-Service
reserves the right to cancel any account, including files and
content, for any reason, or no reason at all, at any time. You
agree to maintain backup files of all information you post on
Self-Service and you agree that Self-Service will have no
liability for removing any data you have posted.
1. Description of Service
Self-Service provides Web Services to users for a fee as
described on its web site. The Web Services, Email
Hosting, Email Archiving and
others, which use Self-Service's resources such as bandwidth,
disk space and technology that are integrated to provide such
a service.
2. Payment
Customer will pay the Service Fees to Self-Service in the
manner set forth in the order. Payment is in advance of the
time period during which such services are provided. Customer
agrees that all set up fees, if such fees are indicated in the
order, are non-refundable once the setup is completed. These
services will be billed on a recurring basis for the period of
the service unless you have notified us in advance to change
the period of the service.
Customer agrees not to use excess of what is allowed to the
service of which the Customer ordered. If Customer uses an
excess amount of storage, bandwidth or any other resource,
over what he purchased, Self-Service will charge the customer
additional fees. Customer has the sole responsibility to
monitor, check and correct, if so required, the usage of the
service.
Service Fees do not include any applicable taxes. All paid
fees are fully earned when due and are non-refundable when
paid. Unless otherwise noted, invoices for the Service Fees
shall be due and payable within 30 days after the date of the
invoice. If Customer fails to pay invoice within 45 days after
the date of the invoice, Self-Service may charge Customer
overdue fee of $10 or discontinue the service. If Self-Service
collects any payment due through an attorney or collection
agency or Self-Service prevails in any dispute actions which
Self-Service and Customer are parties, Customer will pay all
costs of collections, arbitration and litigation including
attorneys' fees. If check is returned for insufficient funds,
Self-Service may charge additional processing fee of $25 per
occurrence.
Customer acknowledges and agrees that you are the person
legally responsible for use of this account and that you are
at least 18 years of age. Customer agrees to provide current
and accurate postal address, telephone number and email
address for our records. Furthermore, you agree that you are
the authorized user of the credit card that you have supplied
to us. You also understand and agree that we have the right
and obligation to either investigate or provide an outside
agency and authority any information we may have in relation
to the account to investigate possible fraudulent use of
credit card.
3. Customer Rights and
Obligations
Self-Service
services may be used in accordance with this agreement and for
lawful purposes only. Customer is prohibited of using these
services in a manner that violates any local, state, federal,
international or local jurisdiction or any law that you and
your site may be subject to.
Customer is solely responsible for the quality, performance
and all content and services provided on Customer Web Site.
Furthermore, Customer shall be fully responsible to upload,
maintain and ensure that the content and all associated
programming his/her Web Site are fully compatible with the
hardware and software, which Self-Service provides for the
purchased service. Self-Service is not responsible for any
malfunctions or service interruptions caused by any failure of
Customer's Content. Self-Service backups its systems
periodically. However, you, the Customer, agrees that the use
of service is at your own sole risk. Self-Service is not
responsible for files and data that you have put on our
system. Customer agrees to maintain all backups of files and
data stored on Self-Service systems.
Customer agree not to a) post, publish, transmit, promote,
reproduce and distribute any content, software or other
copyrighted material, which is prohibited by law or/and the
owner of such material b) post or transmit any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically or otherwise
objectionable material of any kind, including, but not limited
to, any material which encourages conduct that would
constitute a criminal offense, violate the rights of others,
or otherwise violate any applicable local, state, national or
international law.
4. Bulk Mail, Spam and Spam
Filtering
Self-Service
does not authorize the use of its systems and network to
accept, transmit or distribute solicited or unsolicited bulk
e-mail, either opt-in or opt-out. Sending bulk e-mail or any
other unsolicited advertising in Internet is considered as
spam and it is annoyance to others. Spamming Internet users
via Self-Service or directed towards domains or services which
resides on Self-Service is strictly prohibited and may cause
your services to be terminated immediately and without
warning. You will be fully responsible for any damages to you,
Self-Service, or any other party or parties resulting from
such activities.
Without any SPAM Filtering
the amount of email SPAM will be unbearable and counter
productive to the use of email to our users. We are using the
following system-level anti-SPAM measures:
Email from individual email addresses known to transmit SPAM is banned.
Our Mail Servers reject mail from hosts listed in the
following Real Time SPAM Databases:
Incoming emails must come from domains that accept reply
emails. If a domain does not exist, or it exists but reply
mail is deactivated (meaning their DNS Entry has no "MX"
Record), we will reject the mail.
Our objective is to minimize the received SPAM without the
risk of losing mail without knowing so. However, we cannot
guarantee it. Mail that comes from hosts that are on the BLACK
LIST (RBL/RSS/DUL/ORBS) databases will be rejected. It is NOT
possible for us to make exception to allow mail from specific
server that is on the BLACK LIST. The solution is to correct
the problem of the server that is on the BLACK LIST. If you
know of such a case and you want to receive mail from a user
that use that Mail Server, you need to notify him that the
Mail Server that he or she uses is on the BLACK LIST as
results of being open to relay SPAM. The Mail Server's System
Administrator needs to correct the configuration of the mail
server before it can be removed from the Black List
Database.
We reserve the right to change this policy from time to
time without prior notice.
5. Force Majeure
Neither party is liable for any default or delay in the
performance of any of its obligations under this agreement,
not including failure to make payment when due, which are
caused, directly or indirectly, by force beyond such party's
reasonable control, including but not limited to fire, flood,
acts of good, labor, storm, accidents, act of war or
terrorism, interruptions of transportation or communications,
hardware failure, software failure or any third party failure
to perform any commitment which impact the delivery of
Self-Service services.
6. Indemnification
You hereby agree to indemnify and hold harmless Self-Service
Corporation, employees, contractors, affiliates and
attorneys from any and all liabilities, including but not
limited to attorney's fees, cost and expenses that may arise
directly or indirectly from the use of Self-Service service
which damages either you, Self-Service, or any other party.
You agree to be solely responsible for defending any claim and
for payment of damages or losses resulting from the use of
Self-Service service, including but not limited to web site
content, access, and domain name management.
7. Warranty Disclaimer
Self-Service CORPORATION MAKES NO WARRANTY EXPRESSED OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE OF ITS SERVICE.
FURTHERMORE, YOU EXPRESSLY AGREE THAT YOUR USE OF Self-Service
SERVICE IS AT YOUR OWN RISK. Self-Service SERVICE IS AVAILABLE
"AS IS" BASIS WITHOUT WARRANTY EXPRESSED OR IMPLIED.
FURTHERMORE, Self-Service PROVIDES NO WARRANTY THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, Software or information is free from error or viruses. Under no
circumstances Self-Service will be liable for any direct,
indirect, special, punitive, or consequential damages that
result in any way from the use or inability to use the
service, or for third party use of the service, access the web
site, send and receive email through the service, or reliance
on or use the information, service or merchandise provided on
or through the service or that result of failure of
performance. Your sole and exclusive remedy is to discontinue
the service.
8. Limitation of Liability
NEITHER PARTY SHOULD BE LIABLE UNDER THIS AGREEMENT FOR ANY
CONSEQUENTIAL, INDIRECT, PUNITIVE, OR OTHER DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, LOSS OF
REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, OR OTHERWISE, EVEN
IF Self-Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Self-Service CORPORATION, MAXIMUM AGGREGATE LIABILITY
TO CUSTOMER RELATED TO CLAIM ARISING UNDER THIS AGREEMENT WILL
BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE LAST
MONTH.
9. Applicable Law and
Jurisdiction
This service is based and operated in New York, NY, USA.
The State of New York, USA, governs this agreement. If any
provision of this agreement is found to be invalid by any
court competing jurisdiction, this invalidity shall not affect
the validity of the remaining provisions of this agreement,
which shall remain in full force and effect. No waiver of any
term of this agreement shall be deemed a further or continuing
waiver of such term or any other term.
10. Prior Agreements
This agreement supersedes any written, electronic, or oral
communication you may have had with Self-Service or any agent
or representative thereof, and constitutes the complete and
total agreement between the parties.
11. Severability
If any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall remain in
full force and effect and said provision shall be reformed
only to the extent necessary to make it enforceable.
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Email Archiving &
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