CENTURIC.COM
HOSTED MICROSOFT EXCHANGE ADDENDUM TO TERMS OF SERVICE
This Agreement, named the Hosted Microsoft Exchange addendum to Centuric’s Terms of Service, (“Agreement”) is entered by and between you (you, your, “Customer” or “User”) and Centuric, LLC and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "Centuric") and the www.centuric.com website and other affiliated or related websites operated, managed or owned by Centuric (together the “Sites”).
THIS AGREEMENT, AND ALL TERMS HERE OF, SHALL BE INCORPORATED INTO AND DEEMED A PART OF THE CENTURIC’S TERMS OF SERVICE. IN THE EVENT OF CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS OF SERVICE, THE TERMS OF THIS AGREEMENT SHALL GOVERN.
1. Terms and Conditions. This Agreement governs your use of the Hosted Microsoft Exchange and SharePoint services, (together “Services”). This Agreement, and all terms here of, shall be incorporated into and deemed a part of the Centuric’s Terms of Service as provided in _______________ (“ToS”). In the event of conflict between this Agreement and the ToS, the terms of this Agreement shall govern. Any of the following actions constitute your agreement without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services, either via the telephone or through the Centuric’s Site or, (ii) your use of our Site.
2. Term. The term of this Agreement shall start on the date on which Services are first provided to you and will continue until such date as explained on the Site, provided during the checkout process or until terminated by either party.
3. Cancellations and Refunds. Centuric may decide at any time in its sole and absolute discretion whether to remove and/or terminate a Customer’s access to any Service, for any reason, including but not limited to a violation of this Agreement or the ToS. Such termination is effective when executed by Centuric or upon transmittal by Centuric, whichever occurs first. However, a Customer’s obligations of indemnification pursuant to the ToS shall survive any termination or the cancellation of the Service.
Cancellation of a Service by a Customer: You may request the cancellation of your Services at any time
(a) Cancellation of Services by a Customer prior to the end of the Term of the agreement must be requested via e-mail at [email protected].
(c) Pursuant to receipt of such notice, the Service shall be cancelled effective the first day of your next billing cycle.
Refund of fees paid by Customers: If a Customer cancels a Service during the initial 30-days of that Service, the fees paid for that Service shall be refunded based on a proration. The above notwithstanding,
(a) There shall be no refunds of any fees paid when the cancelation is requested after the initial 30-day period of the Service;
(b) There shall be no refund of any fees paid for any domain name registrations, administrative fees or installation fees;
(c) There shall be no refund of any fees where cancellation of an Account was due to violations of the ToS; and
(d) Only first-time Accounts or Services initiated by Customers for the first time shall be eligible for a refund.
Centuric reserves the right to cancel, suspend, or otherwise restrict access to an Account at any time with or without notice. Your right to use the Services will cease upon termination of this Agreement.
4. Billing and Payment. Centuric’s sale, license, usage, subscription or Account fees (“Fees”) are explained during the Registration Process or Service order process and are subject to change from time to time at Centuric’s absolute and sole discretion. Please note that any Fees that are disclosed to you during the Registration Process or Service order process are deemed a part of this Agreement and the ToS.
(a) Service Renewal. By entering into this Agreement, you acknowledge that the Services shall automatically be set with an initial and recurring periodic (e.g. monthly or annual) payment feature and you accept responsibility for all recurring charges prior to cancellation. Unless otherwise specifically provided for by this Agreement or during the Registration or Service order process, our Services shall automatically renew (“Auto Renewal”) for the same period as the original Service.
(b) Unless otherwise agreed to in writing, all Fees will be automatically charged and paid by previously authorized credit or debit card on file with Centuric. No additional notice or consent will be required to initiate a charge for Fees using that same credit or debit card account.
(d) Centuric reserves the right to change its pricing and/or billing practices at any time in its sole and absolute discretion. In the event you dispute any Fees billed to you, you must notify us in writing within ten (10) business days of the date of the disputed statement. Failure to provide notice to Centuric within the time as provided above shall result in waiver by Customer of any objection to the invoice or Fees charged. Any notices as provided herein above must be sent to [email protected].
TRIAL PERIOD EXPIRES, CENTURIC WILL BEGIN TO BILL YOUR CREDIT OR DEBIT CARD ACCOUNT ON A PERIODIC (E.G. MONTHLY OR ANNUAL) SCHEDULE FOR THE SERVICE, UNLESS YOU TERMINATE YOUR SERVICE PRIOR TO THE END OF THE TRIAL OR FREE PERIOD. PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR SERVICE BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E-MAIL TO [email protected].
(d) Changes to the Services and purchases of additional resources, may be completed by contacting [email protected]. Such changes and purchases will take effect immediately and any charges will be prorated for the remaining Term of the Service.
5. Delinquent Accounts. There shall be a late fee of $25 and an interest fee at a rate of 18% per annum for any late or delinquent payment. Late and interest fees shall not exceed the amount permitted by law. Acceptance by Centuric of any late or partial payment, whether or not marked as payment in full, will not affect the due date of any Fees due and will not act as an extension of time or a waiver of any amounts that remain unpaid. In addition, it will not affect any of Centuric’s rights including our right to declare the entire balance in your Account to be due.
Centuric reserves the right to suspend or terminate any delinquent Accounts and/or Service without prior notice. Upon such termination/suspension, any and all accrued and unpaid Fees shall become due immediately. In the event of a reactivation of a previously suspended/terminated Account/Service, a $10.00 Account reactivation fee shall be charged. In the event of a termination of an Account or Service, all files, settings, configuration, and other data stored by Centuric will be deleted.
6. Spam/Junk Mail Policy. Sending spam through Centuric’s Services is not permitted and will not be tolerated. Centuric may terminate any customer violating this or any other of its Service policy. Centuric reserves the right to immediately stop service to anyone violating its policies. Centuric will not be held responsible for Customer domains being blocked by ISP's for sending out spam mail. Centuric reserves the right to cancel or suspend any customer sending out spam or unwanted email either knowingly or unknowingly. Centuric may limit the number of outgoing messages to 250 per individual mailbox.
Prohibited Email Activities:
Sending Unsolicited Commercial Email (“UCE”) or Unsolicited Bulk Email (“UBE”), also known as SPAM: Defined as the sending of email to recipients who consider the message unsolicited email of a commercial nature or the sending of email in bulk to recipients who consider the message unsolicited email of any nature.
UCE or SPAM Response Collection: Defined as the collection of responses, directly or indirectly, from UCE or UBE sent by you or UCE or UBE sent on your behalf.
links or references to one or more web sites. This also includes the use of third-party email accounts, servers, or services to SPAMvertise the site(s).
Mail Bombing: Defined as the sending an unreasonably large number of electronic mail messages to a single system, person, or email address.
Mail Harassment: Defined as sending email in a manner or with content that is perceived as threatening or harassing by the intended or actual recipient.
Letter Bombing: Defined as sending email with content that will or could potentially harm the recipient's computer.
If you plan to send BULK EMAIL to a list of email addresses, please use an external mailing list service such as Constant Contact, iContact, www.biglist.com, etc. instead, as Centuric's service is not intended to be used for this purpose, and this would violate our SPAM policy.
7. Service Level Agreement. Centuric will do its best to provide all customers with 99.99% uptime as stated in Centuric’s Service lever Agreement (SLA). As provided in the SLA, "Uptime" and "Downtime" are calculated on a monthly basis and do not include any scheduled downtime or customer Internet connection or congestion issues.
You agree that Centuric will not be held responsible for any missing or corrupted data, failure to provide service, transmission of incorrect data, delay in account provisioning or anything associated with Centuric in excess of the cost of provided monthly service. Total liability of Centuric will not exceed one full month’s service fee.
Please be sure to review our SLA for further details.
8. Data Transmission. You agree that Centuric shall not be held responsible for any unauthorized access or data modification stored or transmitted by Centuric. You also agrees Centuric is not responsible for any content sent or received which may be illegal, obscene, threatening or that may violate any copyright or trademark.
9. Virus Protection. Centuric provides virus protection in partnership with Barracuda against spam and viruses sent to Customers addresses. All incoming messages are scanned by Barracuda prior to delivery. The Service deletes or quarantines any affected messages prior to delivery. Please be aware that it is impossible to protect against all threats. You acknowledge and agree that Centuric shall not be held responsible in any way for any viruses or spam not detected by Barracuda or the Service, whether originating from within or outside or Centuric or its Services. You are responsible for the integrity of your own computers and network. Centuric highly recommends all that Customers run local anti-virus and spam software for additional protection. In addition, Centuric will not be held responsible if your domain name is blocked by ISP's for sending virus or spam emails.
any reason, your rights to Microsoft Outlook as per the license shall end and thereafter must be uninstalled.
11. Mailbox Size. All mailboxes have a set storage limit. Additional mailbox storage may be purchased by contacting [email protected]. It is your responsibility to make certain that a mailbox does not reach its maximum capacity. Centuric shall not be liable to you or any third party for any email, messages or other data lost as a result of a mailbox having reached its storage limit.
12. Message Size. Message transport size limits are necessary to avoid large messages that might block delivery of other messages and affect performance for all users; therefore the maximum message size limit is 20 MB including attachments.
13. Passwords. Centuric is not responsible for any security issues or data loss associated with stolen passwords. It is the Customer's responsibility to keep the confidentiality of their password and to change said password on a regular basis. Centuric expects its customers to use passwords that consist of numbers and letters as well as special characters to hamper unauthorized access. For security reasons, Centuric can only reset passwords. Centuric cannot supply passwords. Any mailbox found to have a low quality password may be suspended or terminated after notice and request to change the password. If the request is not honored, Centuric may at its sole discretion suspend or cancel said mailbox. Specifically, you may not use passwords such as "password", "password123", "passwordpassword", "password1","password01" are not permitted.
14. Account Cancellation or Termination. In the event your Account is terminated or cancelled for any and all reasons, all data stored on Centuric's servers may no longer be accessible. It is your express obligation and responsibility to move any data stored on Centuric’s servers prior to termination or before requesting cancellation. Centuric will not guarantee data retrieval after an Account has been cancelled or terminated.
15. Nightly Disaster Recovery Backups. Centuric performs nightly disaster recovery back-ups of all mail stores. This is industry standard method for backing up Microsoft Exchange server data. This backup method is used if a mail store becomes corrupted or fails for any other reason. This will protect the customer if Centuric suffers from a system failure or any other event that would require recovery of an entire mail store. Backups are monitored and checked for errors. As part of our routine maintenance schedules restoration tests are performed. Backup retention time is 5 days, however Centuric does not guarantee a valid backup is available for each night of this 5 day period.
If a disruption of the Service occurs, Centuric will assign top priority and will make our best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, Centuric may elect to first restore the Service without customer data (so that users can send and receive mail). Any data not immediately accessible after a disruption in the Service will be restored from the most recent valid backup. Centuric is not responsible for data loss resulting from the failure or loss of backup media.
this is not a system fault and restoration may require partial implementation of Centuric's disaster recovery procedures, Centuric reserves the right to charge for these restorations a fee of $75 per hour. (Minimum fee of one hour.)
Note that items within a mailbox that have been accidentally deleted can usually be restored directly from Deleted Items by the end user, even after the Deleted Items folder has been emptied. Centuric retains these Deleted Items online for up to forty five (45) days.
