This page contains the Terms of Service under which you
and your users (collectively, "Client") may use
the services of Omnistar Webmail and its email sites that
are owned and operated by Omnistar Interactive. ("Service
Provider"). If you accept these Terms of Service, you
are indicating that you have read, understand and agree
to be bound by all of the terms, conditions and policies
set forth herein, including any future amendments (collectively,
the "Agreement").
Description of Services
Service Provider will provide the Client with a capability
to send and receive electronic mail ("email")
through the Web via the SMTP, POP3 and IMAP4 protocols through
a local email client on their desktop and to access their
mail via the Internet and a Web browser ("Email Services").
Service Provider acknowledges that Client has selected a
specific package of Email Services and will provide only
those Email Services that Client has selected to receive.
Client acknowledges that extra storage, customizable Webmail
sites, and other features may be available on an upgrade
basis. Service Provider is not responsible for providing
Client's access to the Internet or paying for such services.
Service Provider is not responsible for providing any equipment
necessary for Client to make a connection to the Internet,
including but not limited to computers and modems.
If any information provided by the Client is false or inaccurate,
Service Provider retains the right to terminate the Client's
right to use the Email Services.
Service Level Agreement ("SLA")
Service Provider guarantees that the Email Services
will be available 99.99% of the time in a given month, excluding
scheduled maintenance. Uptime includes the functioning of
all network infrastructure within the Service Provider facilities,
the mail servers that provide SMTP, POP3, IMAP and Webmail
access, and the software that is run on those servers (collectively,
the "Service Provider Network"). Downtime exists
when Client is unable to send and receive email as a result
of a failure of the Service Provider Network. This Service
Level Agreement does not cover Client's connection to the
Internet or any systems or software outside of the Service
Provider Network.
If for some reason the Email Service does not meet these
standards, Client may request a refund in the amount of
5% of their monthly fee for each 30 minutes of continuous
downtime (up to 50% of Client's monthly fee). Alternatively,
if no single period of downtime was 30 minutes or greater,
Client may request a refund equal to the percentage of downtime
during the affected month multiplied by Client's monthly
Email Service fee. In either case, such refund will be Client's
sole remedy for the failure of Service Provider to maintain
99.99% uptime during a given month.
Refunds will be issued in the form of a credit towards
Client's next invoice, unless the affected month is Client's
last month of service, in which case the refund will be
issued via check or credit card within 60 calendar days.
Maintenance Windows
Service Provider makes every effort to perform
all system maintenance activities during a scheduled maintenance
window. The maintenance windows are currently scheduled
for Saturdays and Sundays from 12:00 am to 4:00am Eastern,
though not every maintenance window is utilized. If system
downtime is planned during a maintenance window, Service
Provider will make an announcement prior to the date of
the activity.
In Case of Modifications to Terms of Service
Service Provider may modify this Agreement at
any time, at which point notices will be sent to the Client
using any of the contact methods provided by Client. The
Client's continued use of the Email Services for twenty-four
(24) hours after notice of the modification is dispatched
will constitute an affirmative acknowledgment by the Client
of the Agreement and its modifications as well as an agreement
to abide by such terms.
Period of Performance
This Agreement and Client's use of the Email Services
shall become effective on the date the order is submitted
by Client to Service Provider ("Effective Date").
The Period of Performance of this Agreement shall commence
on the Effective Date and shall continue for a period as
selected by Client during the ordering process ("Initial
Period"). Thereafter, this Agreement shall automatically
renew for additional like periods ("Renewal Periods")
on the same terms and conditions as herein agreed, as may
be amended from time to time, unless and until either party
provides the other party with written or electronic notice
of termination at least thirty (30) days prior to the end
of the Initial Period, or any Renewal Period.
Renewal Fees
Service fees for each Renewal Period ("Renewal
Fees") will be invoiced thirty (30) days prior to the
commencement of the Renewal Period. The Renewal Fees will
be due in full one (1) day prior to the commencement of
the Renewal Period, and will be automatically debited from
Client's credit card prior to that date, unless other payment
arrangements are made between Client and Service Provider.
Termination and Non-Renewal
Upon termination or non-renewal of service, Client
agrees that Service Provider and the Service Provider Network
shall no longer support Client's Email Services and shall
no longer be required to store any of Client's data. In
the event of termination or non-renewal of service, Service
Provider may delete all of Client's information and email
data after thirty (30) days. Exports of the database that
contains Client's information and email data are available
upon request. Requests for such data must be made at least
thirty (30) days prior to the termination or non-renewal
of services. Upon receiving the request for such data, Service
Provider shall make the data available to Client within
fourteen (14) days. Service Provider reserves the right
to charge a fee for providing data exports when the request
is not related to termination or non-renewal of services.
Understanding for Termination
The Client agrees that Service Provider may terminate
the Client's use of the Email Services if it believes that
the Client has violated or acted inconsistently with the
letter or spirit of this Agreement, or that the Client has
violated the rights of Service Provider or other Clients
or parties.
Service Provider may also terminate the Client's use of
the Email Services if Client's payment for any Service Fee
or Renewal Fee is returned for insufficient funds, rejected
by bank card processing services, or otherwise any situation
in which the Email Services provided by Service Provider
remains unpaid after its due date ("Overdue Balance").
In a situation where Client has an Overdue Balance, Service
Provider will make a reasonable effort to contact Client
using the contact methods previously provided by Client,
in order to obtain full payment for the Overdue Balance,
before terminating Client's use of the Email Services.
Email Message Filtering
Service Provider may optionally provide filtering
of email messages that pass through the Service Provider
Network for the purpose of identifying Spam, known viruses
and other disruptive content (collectively "Junk Email").
Service Provider makes reasonable effort to configure its
automated software to accurately identify Junk Email, however
Client acknowledges and agrees that it is not possible to
identify such content with 100% accuracy and that Service
Provider is not obligated to do so. Service Provider does
not guarantee that it will identify and block all of the
Junk Email that Client receives through the use of the Email
Services, nor does Service Provider guarantee that the emails
that are identified or blocked by the filtering software
truly contain Junk Email content. Client acknowledges that
it is always a good idea to run a desktop virus scanner
and firewall on computers that are connected to the Internet
as a secondary line of defense in case such content slips
through the email message filters and to reduce the risk
of Client's systems being infected by viruses that spread
via other methods besides email.
Client agrees to and understands the risks associated with
using the Email Services and receiving and transmitting
email messages via the Internet. Client agrees to hold harmless
and indemnify Service Provider from and against any liabilities,
damages, losses, costs and expenses, including attorney's
fees, of every kind and nature, caused by or arising out
of claims based upon the receipt, transmission or loss of
any content.
Email Message Storage
The Email Services have a fixed storage limit
per mailbox, which upon request can be upgraded for a fee.
Email messages when received may not be stored if the size
of such email would put the destination mailbox over its
storage limit. It is Client's responsibility to monitor
the size of their mailboxes in order to prevent it from
reaching its storage limit. Service Provider assumes no
responsibility for the deletion of or failure to store email
messages.
Data Backup and Restore Policy
Client's email messages are backed up to separate
storage systems daily for the purpose of recovery from errors
or system failure ("Data Backups"). The Data Backups
consist of a snapshot of the contents within each mailbox
at a specific moment in time. The Data Backups may not store
every email that is transferred or received using the Email
Service, but rather it stores a copy of the email messages
that exist within each mailbox during the time the Data
Backups are processed each day. Copies of email messages
may remain in the Data Backups for approximately two (2)
weeks, even after Client deletes the email messages from
their mailbox or after termination of Email Services. Service
Provider employees do not access email messages in the Data
Backups unless a data restore is needed.
In the event that Client deletes email messages from their
mailbox as a result of something other than a failure of
the Service Provider Network, and wishes for those email
messages to be restored, Client may request a data restore
from any of the recent Data Backups snapshots. Client will
be charged a fee per mailbox for each restore.
Client Responsibilities
This section describes Client's additional responsibilities
under this Agreement.
Client will designate qualified personnel to act as liaisons
between Client and Service Provider, and confirm electronically
or in writing to Service Provider the names of such designated
personnel from time to time.
Client shall be responsible for the administration of all
end user login names, passwords and related settings for
the purpose of authenticating and authorizing access to
the Email Services.
Client shall be responsible for handling all communication,
technical support to and business relations with end users
who Client has authorized to use the Email Services, including
but not limited to responding to inquiries and questions
from end users.
Client is solely responsible for Content, including any
subsequent changes or updates made or authorized by Client.
Client represents and warrants that Content: (a) will not
infringe or violate the rights of any third party including,
but not limited to, intellectual property, privacy or publicity
rights of others; (b) is not abusive, profane or offensive
to a reasonable person; or (c) will not be hateful or threatening.
Violations of the foregoing by Client may result in early
termination of services by Service Provider in Service Provider's
sole discretion.
Client is solely responsible for the Content of its transmissions
and the transmissions of third parties accessing the Email
Services through Client. Client agrees to comply with U.S.
law with regard to the transmission of technical data, which
is exported from the United States through the Email Services.
Client further agrees not to use the Email Services (a)
for illegal purposes or (b) to interfere with or disrupt
other network clients, network services or network equipment.
Interference or disruptions include, but are not limited
to, distribution of unsolicited advertising or chain letters,
propagation of computer worms and viruses, and use of the
network to make unauthorized entry to any other machine
accessible via the network. Violations of the foregoing
by Client may result in early termination of services by
Service Provider in Service Provider's sole discretion.
Upon termination of this Agreement, Client must discontinue
use of the Email Services and relinquish use of the IP addresses
or address blocks assigned to it by Service Provider in
connection with the Email Services.
Acceptable Use Policy
Service Provider and Client will adhere to the
Acceptable Use Policy with respect to the use of the Email
Services.
Privacy Policy
Service Provider and Client will adhere to the
Email Privacy Policy with respect to the collection and
use of Client's personal information by Service Provider.
Rights
Notwithstanding anything to the contrary stated
herein, Service Provider maintains all rights, title and
interest in the Email Services, Service Provider Software,
Project Software and Work Product, and Client may not claim
ownership of or use the Email Services, Service Provider
Software, Project Software and Work Product in a resale
capacity or allow access to the Email Services, Service
Provider Software, Project Software and Work Product by
any third parties.
Service Provider reserves all rights to use the Email Services,
Service Provider Software, Project Software and Work Product
in whatever manner it chooses, including for other Service
Provider clients.
Disclaimer of Warranties
THE CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT THE CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF
SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE
THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES
ANY WARRANTY THAT THE SERVICE WILL MEET CLIENT REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES SERVICE PROVIDER MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
THE CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT THE CLIENT'S OWN DISCRETION AND RISK
AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF
SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE
THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES
ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY CLIENT FROM SERVICE PROVIDER OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES
OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE
THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) SHALL
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR
LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale or Profiteering of the Service
Although a Client may choose to register multiple
accounts, any account of the Client is understood as a stand-alone
single account. The Client may choose whether the account
shall be used for personal or corporate purposes. However,
the Client agrees not to resell or make any commercial use
(leasing or selling of accounts) of Email Services, without
the express consent of Service Provider.
Indemnification
The Client agrees to defend, indemnify and hold
harmless Service Provider, its employees, directors, officers,
agents and business affiliates (including any such business
affiliate through which Client became a Client of the Service),
and their respective successors and assignees from, and
against, any and all liabilities, damages, losses, costs
and expenses, including attorney's fees, caused by or arising
out of claims based upon the use of your account or the
content contained in any email that has been sent or received
through the Email Services, including any claim of libel,
defamation, violation of rights of privacy or publicity,
loss of service by other subscribers and infringement of
intellectual property or other rights.
Right to Set-Off
If, under this Agreement, Service Provider becomes
obligated or liable to pay money to Client, that sum may
at the election of Service Provider, and without limiting
or waiving any right or remedy against Client, be set-off
against and applied to any amounts which are due and owing
by Client to Service Provider until such amount has been
completely set-off.
Entire Agreement
This Agreement comprises the entire Agreement
between Client and Service Provider and supercedes any and
all prior agreements between the parties regarding the subject
matter contained herein.
Non-Waiver
Failure of Service Provider to insist upon strict
performance of any of the Terms of Service contained herein
shall not be deemed a waiver of any right or remedy that
Service Provider shall have in respect thereof, and shall
not be deemed a waiver of any subsequent default in performance
of the Terms of Service.
Provision of Notice
All notices to a party shall be in writing and
shall be made either through email or conventional mail.
Service Provider may broadcast notices or messages through
the service to inform Clients of changes to this Agreement,
the service, or other matters of importance; such broadcasts
shall constitute notice to the Clients.
Applicable Laws
The agreement shall be governed by and construed
in accordance with the laws of the Commonwealth of Virginia,
USA, excluding that body of law known as conflicts of laws
and the United Nations Convention on Contracts for the Sale
of Goods. The Client and Service Provider agree to submit
to the exclusive jurisdiction of the courts of the Commonwealth
of Virginia, USA. If any provision(s) of this Agreement
is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
Service Provider's failure to act with respect to a breach
by the Client or others does not waive its right to act
with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between
the Client and Service Provider.
