Before you register for MailRoute services you must read and agree to these Terms of Service and all of the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"). Although we may attempt to notify you via email, telephone or postal mail when major changes are made, you should visit this page periodically to review the terms. MailRoute may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use MailRoute services.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
MailRoute.Net ("MailRoute"), owned and operated by MailRoute, Inc., is provided to you ("Subscriber") under the terms and conditions of this MailRoute Terms of Service (TOS) and any operating rules or policies that may be published by MailRoute, Inc. The TOS comprises the entire agreement between Subscriber and MailRoute and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICES
MailRoute provides Subscriber with various email management and filtering gateway services ("Service(s)"), including, but not limited to spam filtering, virus filtering and store and forward disaster recovery services. The requirements or fees for any service will be clearly explained and separately agreed to when the Subscriber implements these services.
The term shall be on a periodic basis (annually, biannually, quarterly, or monthly), such term elected by Subscriber at the initiation of service. Each term is automatically renewable at the end of the term unless otherwise terminated as outlined in section 12 of this agreement.
3. MODIFICATIONS TO TERMS OF SERVICE
MailRoute, Inc. may change the terms and conditions of the TOS from time to time. Upon major changes to the terms and conditions of the TOS, MailRoute will notify you by email, telephone, postal mail or other method. If you elect not to agree to the new terms and conditions of the TOS, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the TOS will be posted to the MailRoute website at http://www.mailroute.net/agreements/tos.html.
Subscriber's continued use of the Service constitutes an affirmative: (1) acknowledgement by Subscriber of the TOS and TOS modification; and (2) agreement by Subscriber to abide and be bound by the TOS and TOS modifications.
4. MODIFICATIONS TO THE SERVICE
MailRoute reserves the right to modify the features and functionality of the Service, at no additional cost to Subscriber, with the objective of providing Subscriber with equal or enhanced services.
5. SUBSCRIBER'S RESPONSIBILITIES
Subscriber must: (1) provide all equipment, including computer and network equipment required to establish a connection to the Internet; (2) provide own access to the Internet and pay any service fees for such connection; (3) establish and maintain a suitable Domain Name Server either directly in-house or through a third party service provider; (4) cause any and all required changes to Subscriber's DNS MX record to be made as necessary to facilitate the establishment of MailRoute services.
6. SERVICE FEE AND PAYMENT
Subscriber agrees to pay MailRoute for the Services according to the periodic fee based upon the maximum number of users on a monthly, quarterly, or biannual or annual (at Subscriber's option) billing cycle. The service fee includes unlimited data transfer per month.
7. SUBSCRIBER CONDUCT
Subscriber's use of the Services is subject to all applicable local, state, national and foreign laws and regulations. Subscriber agrees to comply with such laws and regulations and with MailRoute's most current AUP, located at http://www.mailroute.net/agreements/aup.html
Subscriber agrees not to interfere or disrupt networks connected to the Service, not to use the service for any illegal purpose, and to comply with all regulations and procedures of networks connected to the Service.
Subscriber is solely responsible for the contents of any and all e-mails originating from Subscriber. Subscriber will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Subscriber agrees not to transmit through the Service any unlawful, libelous, abusive, threatening, harassing or harmful material of any kind or nature. MailRoute may, at its sole discretion, immediately terminate the service should Subscriber's conduct fail to conform to the terms and conditions of the TOS.
It is MailRoute's policy to respect the privacy of Subscribers. Therefore, all information entered into the MailRoute service by Subscriber is private to Subscriber except to the extent that Subscriber opts to share that information with other MailRoute Subscribers or to the public, through MailRoute or otherwise.
MailRoute shall take commercially reasonable security measures to protect the confidentiality of Subscriber's email and account information..
Further, MailRoute shall not monitor, censor or edit the contents of Subscriber's email messages, unless required to do so by law or in a good faith belief that such action is necessary to protect the safety of the public, Subscriber or MailRoute. In the event that MailRoute becomes legally compelled to disclose any of Subscriber's email, it shall provide prompt, prior written notice of such requirement to Subscriber so that Subscriber may seek a protective order or other remedy.
For the sole purpose of performing the Services and without reviewing any substantive content pertinent to Subscriber, MailRoute may track, view and manage email messages which it has good reason to believe are spam or are contaminated by viruses.
9. WARRANTIES AND REMEDIES
MailRoute warrants that the Services will be available 99.999% of the total hours during every month Subscriber uses the Services. The foregoing warranty applies only to downtime due in whole or in part to MailRoute's inability to provide service to Subscriber which are not attributable to events of Force Majeure as described in Section 10, events outside of MailRoute's control, or during times of scheduled maintenance.
MailRoute warrants that its Anti-Virus Management Service and its Spam Management Service will filter Subscriber's email to eliminate spam and computer viruses, respectively using a perimeter defense system in accordance with commercially reasonable filtering practices (MailRoute Filtering Warranty). Subscriber understands and acknowledges that MailRoute can not guarantee that all spam and all viruses will be eliminated, that some legitimate email may be occasionally misdirected as spam, that some software errors and bugs may occasionally affect the performance of the Services, that not every MailRoute filtering practice can be the most effective in the industry at any given time and that the above warranty does not include any such promises.
MailRoute shall not be responsible for backing-up or archiving Subscriber's email after delivery to Subscriber's designated email server and MailRoute assumes no responsibility for the operation of Subscriber's network or servers or any deletion or failure to store email messages after delivery of the same to Subscriber.
10. FORCE MAJEURE
Neither MailRoute nor Subscriber shall be liable for any delay, failure in performance, loss or damage due to: fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental agencies, or other such causes beyond either party's reasonable control.
11 DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS
EXCEPT AS OTHERWISE PROVIDED HEREUNDER, THE SERVICES PROVIDED BY MAILROUTE ARE PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; AND 7) QUIET ENJOYMENT. SUBSCRIBER AGREES THAT ANY EFFORT BY MAILROUTE TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY MAILROUTE WARRANTIES AND REMEDIES ARE EXCLUSIVE, SATISFACTORY AND SUFFICIENT.
IN NO EVENT SHALL MAILROUTE OR ITS SUPPLIERS/LICENSORS BE LIABLE TO SUBSCRIBER WHETHER IN CONTRACT OR IN TORT FOR ANY LOST PROFITS, LOSSES RESULTING FROM MISSING, CONTAMINATED OR MISDIRECTED EMAIL MESSAGES OR MESSAGE CONTENTS, LOSSES OR EXPENSES RELATING TO INTERRUPTION OF BUSINESS ACTIVITIES, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF MAILROUTE WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY REMEDY PROVIDED HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE OR NO REMEDY IS SPECIFIED FOR A PARTICULIAR BREACH OF THIS AGREEMENT MAILROUTE AGREES TO REFUND UP TO ONE MONTH OF SUBSCRIBER'S SERVICE FEES IN PROPORTION TO THE NATURE AND DURATION OF THE PROBLEM. IN NO EVENT WILL MAILROUTE'S TOTAL LIABILITY TO ANY SUBSCRIBER FOR ANY CAUSE EXCEEED THE SERVICE CHARGES PAID BY SUCH SUBSCRIBER OVER THE PREVIOUS 12 MONTHS.
Subscriber agrees to indemnify and hold MailRoute harmless from any claims or demands against MailRoute relating to the Services that are attributable to the negligence of Subscriber, any misuse of the Services by Subscriber or the failure of Subscriber to fulfill its responsibilities under this agreement.
MailRoute reserves the right at MailRoute's option to terminate or suspend performance under this Agreement and discontinue providing Services to Subscriber in the event:
(1) Subscriber does not pay any MailRoute invoice when rightfully due or Subscriber materially breaches one or more of the other terms of this Agreement and such nonpayment or breach is not cured by Subscriber within thirty (30) days after written notice thereof;
(2) Subscriber becomes insolvent or bankrupt, or insolvency, liquidation or other similar proceedings are commenced by or against Subscriber and not discharged or dismissed within sixty (60) days after commencement; or
(3) Subscriber materially or repeatedly fails to comply with MailRoute's AUP. In such an event, MailRoute shall attempt to notify Subscriber of any violation prior to termination or suspension of this agreement so that Subscriber may have opportunity to cure such failure. MailRoute reserves the right to take immediate action to suspend any aspect of the Services provided to the Subscriber if MailRoute determines that the violation or threatened violation of the AUP involves illegal or illicit activities or activities that are materially damaging to MailRoute or substantially offensive to MailRoute or its other customers.
Following termination of this Agreement for any reason, (1) MailRoute shall have the right to be immediately paid for all accrued charges due and owing by Subscriber to MailRoute; and (2) Subscriber's indemnification of MailRoute under section 11 above shall survive any termination of this Agreement for one year.
13. GENERAL PROVISIONS
This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to its conflict of law rules. Subscriber agrees that MailRoute shall have the right to bring suit against Subscriber for any unpaid bills in the state and Federal courts in and for Los Angeles County, California.
The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any related right or provision unless such a waiver is acknowledged and agreed to by such party in writing.
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 so far as they can be consistent with law and remain commercially practical with the other provisions remaining in full force and effect.
Subscriber and MailRoute agree that any cause of action arising out of or related to Service must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.