Email Hosting Terms Print this Article
23 Email Hosting
This entire clause 23 relates to the Email Hosting and/or Email Exchange Product.
23.1 Representations by us
23.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 23.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 23.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
- This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
- Filtering. Our servers use 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.
- Delivery Failures. Our service will use commercially 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 TDA Webdesign and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of TDA Webdesign’s filtering services to capture unwanted 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, apart from any rights and remedies you may have under law in relation to Non-excludable Rights.
- Memory 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. As of December 2013, the per message size limit is 25MB.
- Backups. TDA Webdesign performs data backups on a "snap shot" basis at a specific moment. Therefore TDA Webdesign may not create a backup of every item that is sent, received or stored. The backup will only capture those items (including mailboxes and public folders) that are present during the time of the backup. Data on backups may be retrieved only for a limited number of days.
- Bulk Mail. You may not use the Mail Services to send Bulk Mail except via a TDA Webdesign approved mail marketing service. You may not send bulk or commercial mail that has a TDA Webdesign Mail Service return address or references a TDA Webdesign Mail Service address, unless approved by TDA Webdesign in advance. You may not intentionally use your Mail Service for the purpose of receiving bulk mail from others. For example, you may not submit any Mail Service email address to a “Safelist” or “Free for All” list.
- Unsolicited Mail. You may not send email to anyone with whom you do not have a pre-existing relationship, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
- System Abuse. You may not use the Mail Services in a way that creates technical disturbances for other TDA Webdesign mail customers or for the TDA Webdesign systems generally. Specifically, but without limitation:
- No Shared Mailboxes. Each mailbox may be used by one natural 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 virtualize one mailbox into multiple 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 this Agreement or disrupt the normal operation of the mail system, but we do not provide technical support for this type of use.
- Migration Services. At your request, we will provide an advance estimate of fees based on the information you provide to us. However, you acknowledge that our fee will be calculated on the basis of the actual number of mailboxes and amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services we may discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. We will not charge you a fee if we are unable to successfully migrate your data. You acknowledge that there is a special risk that data will be lost during a migration. You agree that you will create a reliable back up of all data to be migrated prior to the time that we begin the migration. You agree that we are not liable to you for damages resulting from the loss or corruption of your information as part of the migration.
- Domain Name Services. If you register, renew or transfer a domain name through TDA Webdesign, TDA Webdesign will submit the request to its domain name services provider (the “Registrar”) on your behalf. TDA Webdesign’s sole responsibility is to submit the request to the Registrar. TDA Webdesign is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar posted on their website. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. TDA Webdesign may make changes to DNS zones and records on TDA Webdesign operated DNS servers as we deem necessary.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
- We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- we believe you have breached your agreement with clause 23.1.1(a), (b) and (c) in any way;
- We believe that you have not chosen to undertake the 30 day free trial (see 30 Day Free Trial) and you are claiming a refund pursuant to incompatibility with your operating systems;
- We believe that you have chosen to undertake the 30 day free trial (see 30 Day Free Trial) and, after 30 days has expired, you are claiming a refund pursuant to incompatibility with your operating systems;
- we have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- we believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 23.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
23.2.2 Process of claiming refund
In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 23.2.1 of this Agreement.
23.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 23.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.
23.4.1 Email Hosting cancellation
We hold the right to suspend/cancel/terminate any hosting service for any of the following:
- Non-payment or failure to renew service.
- Chargeback/reverse of payment.
- If we have reason to believe you are not using the services in accordance with this service agreement.
- If a competent regulatory authority/body requires us to do so.
- At our sole discretion.
Service provision may also be suspended/cancelled or terminated:
- If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
- If you do not comply with our breach notice.
You release us of any claim arising suspension, cancellation or termination of any service.