NETWORK ADVOCATES, INC. VIRUSGARD™ EMAIL
TERMS OF SERVICE
The following are the terms and conditions for use of Network Advocates, Inc. (hereinafter Network Advocates) VirusGard™ eMail Service (hereinafter “the Service”). By using the Service, you are stating that you agree to be bound by all the terms and conditions of this Service.
DESCRIPTION OF SERVICE
Network Advocates’ VirusGard™ eMail Service consists of Post Office Protocol 3 (POP3), WebAccess, and Simple Mail Transfer Protocol (SMTP) Service for inbound and outbound eMail. eMail passes through the Service which performs computerized content inspection and attachment filtering to find and eliminate computer viruses, trojan horses, worms and other harmful computer code. Incoming eMail addressed to you is filtered to identify Unsolicited Commercial eMail (UCE or “spam”) and route the spam according to the spam handling options chosen by you for your Domain’s eMail.
eMail’s sent to you, or originated from you, are inspected by our systems, scanning eMail for viruses, worms, trojan horses, and other forms of harmful computer code. If an eMail is found to contain a virus, trojan horse, worm, or other harmful computer code, this eMail will be acted upon by our systems to block its transmission
Attachments to eMail messages are filtered to modify the program extension to disable executable files. eMail attachments of an executable format (e.g., .exe. / .bat / .vbs / .vb / .pif / .shs / .scr / and others) will be modified by the Service; the last character of the extension will be converted to an underscore (“_”) . If the extension is an executable file type, the extension will be changed to prevent the file from being executed as delivered. Disabling executable files in this manner provides an extra measure of protection from viruses, worms, and trojan horses sent via executable eMail attachment.
Each message acted upon by the Service will generate a notification eMail from Network Advocates to the sender or recipient detailing the actions and results for each instance. A “notice.txt” file will be added to each eMail message containing a disabled executable attachment before it is delivered to the end user. This notice explains to the recipient that the attached file may contain a virus or other harmful computer code, and that the user should contact either their Network Administrator, or Network Advocates for assistance.
Network Advocates strongly recommends you install and keep current an anti-virus program on each server and PC in your network to protect your computers from viruses, Trojan Horses, and other forms of malicious computer code, since harmful code can enter your network from multiple sources, including unprotected eMail accounts with services other than VirusGard™ eMail Service.
Incoming eMail that is identified as UCE or “spam” is routed to according to the spam handling rules in effect for your Domain. Spam may be handled in several ways:
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Network Advocates immediately of any unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY
It is Network Advocates’ policy to respect the privacy of its members. Network Advocates will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Network Advocates has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Network Advocates ; (3) enforce the Terms Of Service; or (4) act to protect the interests of its members or others. You agree that Network Advocates may access your account, including its contents, as stated above or to respond to service requests or technical issues.
3. CONTENT SENT TO/FROM NETWORK ADVOCATES
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
4. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of eMail storage space per member is currently limited to the amount specified in your Agreement, and some eMail messages may not be processed due to space constraints or outbound message limitations. You agree that Network Advocates is not responsible or liable for the deletion or failure to store messages or other information.
5. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to Network Advocates that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
By way of example, and not as a limitation, you agree not to:
Network Advocates has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Network Advocates reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. DISCLAIMERS/LIMITATION OF LIABILITY
In no event shall Network Advocates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Network Advocates or any of its suppliers has been advised of the possibility of damages.
You agree to indemnify and hold Network Advocates, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Network Advocates may terminate your access to any part or all of the Service and any related Service(s) at any time, with or without cause, effective sixty (60) calendars days from the date of notification, for any reason whatsoever. If you wish to terminate your account you may do so at any time with thirty (30) days notice to Network Advocates. Network Advocates shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Fees for VirusGard™ eMail Service are due monthly in advance. You have the option of paying annually in advance. Failure to pay invoices when due may cause Network Advocates to interrupt or terminate your Service, resulting in disruption of your ability to send/receive eMail.
NETWORK ADVOCATES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NETWORK ADVOCATES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.