Email Service Agreement
Last Revised: March 29, 2012
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Email Service Agreement (this “Agreement”) is entered into by and between ekklesia-online.com, an AZ individual ("ekklesia-online.com") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of ekklesia-online.com’s Email services (the “Email Services” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) ekklesia-online.com’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Email Services landing page of the ekklesia-online.com website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to ekklesia-online.com. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) ekklesia-online.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, ekklesia-online.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. ekklesia-online.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. description of services
Core Services. ekklesia-online.com’s Email Services provide you with the ability to send and receive electronic mail via the Internet using a personal email address linked to your domain name. In order to use ekklesia-online.com’s Email Services, you must (i) provide all equipment necessary to establish a connection to the Internet, and (ii) provide your own connection to the Internet, including payment of any and all service fees associated therewith.
Workspace Add-On. In order to achieve full functionality of the Email Services when being accessed from web-based applications, a downloadable Workspace desktop application (“Workspace Add-On”) will need to be installed on your computer. The Workspace Add-On will need to be installed after you purchase the Email Services and will not automatically be installed on your computer. The Workspace Add-On is provided for convenience only. ekklesia-online.com makes no representations or warranties regarding the Workspace Add-On, and expressly disclaims any liability regarding the same. Additionally, ekklesia-online.com reserves the right to modify, change, or discontinue any aspect of the Workspace Add-On at any time.
3. other ekklesia-online.com products and services
ekklesia-online.com’s Email Services may include access to other ekklesia-online.com products and services, such as ekklesia-online.com’s calendar product and Online Storage product.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the product-level agreements for any other ekklesia-online.com products and services included with the Email Services, including but not limited to ekklesia-online.com’s Calendar Service Agreement and Online Storage Service Agreement, which are incorporated herein by reference.
4. third-party clients and software
ekklesia-online.com’s Email Services may be compatible with third-party computer clients, such as Microsoft Outlook®, and third-party clients on mobile operating systems, such as iPhone®, BlackBerry®, and Droid®.
If you elect to access the Email Services via a third-party computer client or third-party client on mobile operating system (individually and collectively, “third-party client”), and such access is accompanied by or requires consent to a service or license agreement from such third-party client, your use of the third-party software (“third-party software”) is subject to such service or license agreement. You may not download, install, or use any third-party software that is accompanied by or requires consent to a service or license agreement from a third-party client unless you first agree to the terms and conditions of such service or license agreement.
ekklesia-online.com makes no representations or warranties about any third-party software, and expressly disclaims any liability or responsibility regarding the same.
5. SPAM and virus protection
ekklesia-online.com’s Email Services include spam and virus protection. All email sent to and from your email address will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to and from your email program and computer system, and this feature cannot be disabled or configured by you. You acknowledge and agree that our spam and virus protection feature is not guaranteed to be one hundred percent (100%) effective or error-free and may delete email messages and/or attachments that you wish to send or receive, or allow the transmission of spam and/or viruses to and from your email program and computer system. You acknowledge and agree that ekklesia-online.com shall have no liability to you or any third party with respect to our spam and virus protection feature, your failure to send or receive any email messages and/or attachments as a result thereof, or the transmission of spam and/or viruses to and from your email program and computer system.
6. email login history
ekklesia-online.com’s Email Services include an email login feature that tracks and displays historical data relating to when your email was most recently accessed. The email login feature tracks and displays (i) the Internet Protocol address (“IP address”), (ii) access location, (iii) access date and time, and (iv) access type (webmail, mobile mail, etc.). While ekklesia-online.com’s Email Services may be compatible with third-party email clients, such as Microsoft Outlook, the email login feature does not currently track access to your email by such third-party email clients. In the event such functionality is added in the future, you will still be required to view the historical data by logging into your email by using a web-based application, such as webmail or mobile mail.
You acknowledge and agree that ekklesia-online.com may need to directly access your email account, or provide third-parties with access to your email account, in order to diagnose or troubleshoot technical issues or comply with ekklesia-online.com’s legal obligations. In such event, ekklesia-online.com’s email login feature will not include in its display of historical data any of the information relating to such access.
You acknowledge and agree that our email login feature is not guaranteed to be one hundred percent (100%) effective or error-free and may not accurately track or display every instance in which your email has been accessed. You acknowledge and agree that ekklesia-online.com shall have no liability to you or any third party with respect to our email login feature.
7. storage; data retention
The Email Services are not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. ekklesia-online.com expressly disclaims any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
8. plan limits; ACCOUNT TERMINATION
ekklesia-online.com reserves the right to freeze or terminate your access to the Email Services, or take any other measures deemed to be appropriate (as determined by ekklesia-online.com in its sole and absolute discretion), at any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.
You acknowledge and agree that the Email Services may be offered with different plan levels or plan limits. These plan limits will be presented to you on the Email Services landing page of this Site, and may relate to (i) the number of recipients allowed per email message, (ii) the number of email messages allowed per day, (iii) the size of each email message and/or attachment, (iv) the number of contacts allowed per shared address list, (v) the number of contacts allowed per distribution list, (vi) the number of email messages allowed per minute, (vii) the number of devices allowed per account, or (viii) such other items as ekklesia-online.com may specify. Additional information regarding the plan limits for the Email Services may be found here. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by such plan limits.
If your account usage exceeds your plan-specific limits, you must either (i) upgrade to a plan level that sufficiently meets your account usage, or (ii) reduce your account usage so that it remains within your plan level. Should you fail to take one of these two actions, ekklesia-online.com reserves the right to (a) charge additional usage fees to your account or (b) terminate your account. Account usage determinations shall be made by ekklesia-online.com in its sole and absolute discretion. Unless otherwise specified, unused monthly allotments shall not accrue or carry over from month to month.
You acknowledge and agree that you will not use the Email Services (i) to back up a hosting account, (ii) to store audio or video files (or other large files or media not intended for emailing), (iii) to send high-volume, mass, or bulk emails, or (iv) for any other uses in violation of ekklesia-online.com’s policies, as may be updated from time to time.
9. unpaid services; paid services
The Services covered by this Agreement include both services that ekklesia-online.com makes available free of charge (“Unpaid Services”) and services that ekklesia-online.com makes available for a fee (“Paid Services”). You acknowledge and agree that Unpaid Services may have fewer features and more limited functionality than Paid Services.
In the event that you purchase Paid Services (or upgrade from Unpaid Services to Paid Services), you agree to pay any fees required for such Paid Services in accordance with your applicable Services plan and the Universal Terms of Service Agreement.
10. titles and headings; independent covenants; severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
Revised: 3/29/12
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