In addition to the General Terms and Conditions, your use of the Email Services is subject to the following additional terms and conditions:
Some words used in this Addendum have particular meanings:
“Bulk Mail” means email messages of similar content that are sent to more than 250 recipients. Mail messages sent within the same domain name, or from your domain name to your other domain name(s) hosted on the MX Layer system are not “Bulk Mail” for the purposes of this definition.
“Effective Date” means the date on which you have submitted a signed Agreement for Email Services and we have received your payment for the first month’s service.
"Junk Mail" means email that is captured by our mail filter and other email that is reported by you to MX Layer as undesirable.
"Email Service” or “Email Services" means the MX Layer Email service described in your Services Description, plus Support, as defined below.
"Personally Identifiable Information" or "PII" means a combination of any information that identifies an individual with that individual's sensitive and non-public financial, health or other data or attribute, such as a combination of the individual's name, address, or phone number with the individual's social security number or other government issued number, financial account number, date of birth, address, biometric data, mother's maiden name, or other personally identifiable information.
“Support” means management of the Email Service by a customer care team that includes individuals trained in the system you select.
In addition to its obligations stated in the General Terms and Conditions, MX Layer will provide the following services as part of your Email Services:
2.1 Administration. MX Layer will provision the initial environment. Unless MX Layer agrees in writing to administer changes to certain features of your Email Service, you will otherwise be responsible for administering your Email Service, including adding mailboxes, adding wireless or other service components, adding storage capacity, managing settings, and configuring spam filters. If MX Layer agrees to administer changes to certain features of your Email Service for you, you acknowledge and agree that you will need to specifically identify the mailboxes to which features are to be applied, and there may be a delay between the date upon which you request a feature change and the date upon which such change is applied by MX Layer. MX Layer may agree to apply a custom transport rule to your Email Service on your behalf. You are responsible for the consequences of the application of any custom transport rule to your Email Service.
2.2 Service Level Agreement. (“SLA”). Your Email Service will be available 100% of the time in a given calendar month, excluding downtime due to maintenance.
2.2.1 Downtime. Downtime exists if you are unable to send or receive mail as a result of a failure of your Email Service. Downtime does not exist if you are unable to send or receive mail as a result of a failure outside of MX Layer’s reasonable control, such as your connection to the Internet, your computer, your mobile device, or your systems. MX Layer will perform maintenance on the Email Services on a regularly scheduled basis within its published maintenance windows, which will be announced on our system status page (https://mxlayer.statuspage.io). MX Layer may also perform unscheduled emergency maintenance if needed to address new security threats or other non-routine events. Delays that may occur while the Email Service makes planned transitions between redundant system elements is considered maintenance. If MX Layer expects any maintenance to take more than twenty minutes, it will make reasonable efforts to post an announcement on the system status page at least seven (3) days in advance of the maintenance, but we do not guaranty such notice. Delivery delays are considered downtime only for the period that mail is not being processed.
2.2.2 Credits. In the event of downtime, you are eligible for a credit as follows:
You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement.
You can request a credit through your control panel or by opening a support ticket within seven (7) days following the end of the downtime. Your request must describe the downtime, including the specific Email Service affected, the start and end time of the downtime, a percentage or list of mailboxes affected, and specifically how your use of the Email Service was adversely affected. MX Layer will apply any credit that is due against your next invoice for Email Services.
2.3 Support. MX Layer will only provide Support to your designated administrator(s) or technical contacts on the account. MX Layer will not provide Support directly to your end users unless specifically agreed in writing.
3.1 Filtering. MX Layer provides certain services designed to filter unwanted incoming email, such as spam, phishing scams, and email infected with viruses. MX Layer also provides certain services designed to filter outgoing email, such as email containing certain PII. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses or containing certain PII. Email that is quarantined by the filtering system is excluded from the Service Level Guarantee.
3.2 Delivery Failures. MX Layer will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.
3.3 You hereby release MX Layer and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of MX Layer’s filtering services to capture unwanted email or from the capture of legitimate email; or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.
3.4 Memory Limitations. Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjust the storage capacity of individual mailboxes as needed. You acknowledge and agree that enablement of certain features of your Email Services designed to prevent deletion of or otherwise retain emails may cause you to consume increases storage capacity, may incur additional storage fees, and may fail if you do not have adequate storage capacity. An individual email message that exceeds the per-message size limit of 50MB (including attachments) may also be permanently lost.
3.5 Backups. MX Layer performs data backups on a "snapshot" basis at a specific moment. Therefore MX Layer may not create a backup of every item that is sent, received or stored. Backups for Email Services will only capture those items (including mailboxes and public folders) that are present during the time of the backup. Data on backups may be retrieved only for a limited number of days. See information in Section 5.3 (Records Retrieval) below regarding Records Retrieval services.
3.6 Bulk Mail. You may not use the Email Services to send Bulk Mail except via an MX Layer approved mail marketing service. You may not send bulk or commercial mail that has an MX Layer Email Service return address or references an MX Layer Email Service address, unless approved by MX Layer in advance. You may not intentionally use your Email Service for the purpose of receiving bulk mail from others. For example, you may not submit any Email Service email address to a “Safelist” or “Free for All” list. Attempts to circumvent this restriction by breaking up Bulk Mail over time, using multiple accounts, or other means will be considered a violation of this Section 3.6. MX Layer may block the transmission of email that violates this Section 3.6.
3.7 Unsolicited Mail. You may not send email to anyone with whom you do not have a pre- existing relationship, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
3.8 System Abuse. You may not use the Email Services in a way that creates technical disturbances for other MX Layer email customers or for the MX Layer systems generally. Specifically, but without limitation:
3.8.1 No Shared Mailboxes. Each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes;
3.8.2 Automated Use. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs. Such use is permitted provided that you do not violate this Agreement or disrupt the normal operation of the mail system, but we do not provide technical support for this type of use.
The General Terms and Conditions require you to use reasonable security precautions in light of your use of the Services. For Email Services, this includes using a desktop virus scanner and firewall on computers that are connected to the Internet; and encrypting any PII transmitted to or from, or stored on, the MX Layer servers, email boxes, or storage devices you use.
The following additional terms will apply if you elect to purchase one of the services described below:
5.1 Migration Services. At your request, we will provide an advance estimate of fees based on the information you provide to us. However, you acknowledge that our fee will be calculated on the basis of the actual number of mailboxes and amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services we may discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. We will not charge you a fee if we are unable to successfully migrate your data. You acknowledge that there is a special risk that data will be lost during a migration. You agree that you will create a reliable backup of all data to be migrated prior to the time that we begin the migration. You agree that we are not liable to you for damages resulting from the loss or corruption of your information as part of the migration.
5.2 Domain Name Services. If you register, renew or transfer a domain name through MX Layer, we will submit the request to its domain name services provider (the “Registrar”) on your behalf. MX Layer’s sole responsibility is to submit the request to the Registrar. MX Layer is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar posted on their website. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. MX Layer may make changes to DNS zones and records on MX Layer operated DNS servers as we deem necessary.
5.3 Records Retrieval. For some services, MX Layer may provide the ability to recover deleted messages via the administrative control panel for up to fourteen (14) days from the day message is deleted. If it is provided, this ability is free of charge and does not come with any guarantees. MX Layer may be able to recover deleted mail for you on a fee basis for up to fourteen (14) days from the day it is deleted. Messages may not be recovered after fourteen (14) days. Records retrieval services will be performed on a fee basis. At your written request made at or prior to the termination of your Email Service, MX Layer will provide a complete copy of your mail data on a fee basis no later than ten (10) days following the date of the request, provided that all payments on your account must be made prior to MX Layer’s release of the copy of the data to you.
5.4 Archiving and Email Retention Services. If you elect to purchase archiving or email retention services, the archiving or email retention services will capture only the email that you send or receive after the date that the archiving or email retention services are implemented. Upon termination of your account for Email Services, or your archiving or email retention service, we will destroy your archived data.
5.5 DVD/CD Backup Services. If you purchase DVD/CD backup services, then you acknowledge that MX Layer will store the data on the DVD/CD in unencrypted form. To the fullest extent permitted under applicable law, MX Layer has no liability to you arising from a data breach or other harm arising from the shipment of the DVD/CD to you.
5.6 Compliance. Certain MX Layer Email Services features are designed to help you comply with various legal and regulatory requirements that may be applicable to you. However, you are responsible for understanding the legal and regulatory requirements applicable to your business and for using your archiving service in a manner that complies with the applicable requirements.
The initial term of each Agreement begins on the Effective Date and continues for the period stated in the Service Description. Upon expiration of the initial term, the Agreement will automatically renew for successive renewal terms of one month each unless and until one of us provides the other with thirty (30) days advance written notice of non-renewal.
You may terminate the Agreement for convenience at anytime on thirty (30) days advance written notice. MX Layer may terminate for convenience at any time on one hundred and twenty (120) days advance written notice. If you terminate for convenience, we will refund any amount you prepaid for any period extending past your committed term.
8.1 Recurring fees will be billed in advance, either monthly, quarterly, or annually, as agreed. Non-recurring fees, such as migration services and records retrieval, will be billed monthly in arrears. Fee changes due to changes in the services (e.g. increase or decrease in number of mailboxes or amount of storage) will be effective either: (i) as of the date of the change to the service, with a prorated amount due for any partial month, or (ii) as of the beginning of the next calendar month, at MX Layer’s option.
8.2 Due Date. Fees are due within five (5) days of invoice date. If you have arranged for payment by credit card or direct debit or ACH, MX Layer may charge your card or account on or after the invoice date.
8.3 Overdue Payment. If payment of any invoiced amount is overdue, MX Layer may:
8.4 Collection Costs. In the event MX Layer brings a legal action to collect due to late payment of valid invoices, you must also pay MX Layer’s costs of collection, including reasonable legal fees, expenses and court costs.
8.5 Returned Payment. If your payment is returned for insufficient funds, we may charge you an administration fee up to the maximum amount permitted by law.
8.6 Currency. All payments will be made in the currency in the Services Description at the exchange rate at the date of the invoice.
8.7 Invoices that are not disputed within one hundred and eighty days (180) days of invoice date are conclusively deemed accurate.
8.8 We may increase our fees for Email Services at any time by posting the new fees in the control panel or providing notice to you via ticket. Fee increases will not be applied to your Email Services purchased prior to the time of the fee increase until at least forty-five (45) days after the date the new fees are first published, but any new Email Services you purchase after a fee increase will be charged at the new fees.
In addition to the other grounds for suspension and termination stated in Section 10 (Suspension) and Section 11.2 (Termination for Breach) of the General Terms and Conditions, we may suspend your Email Services or terminate the Agreement immediately and without notice if: (i) you use your Email Service in violation of the use restrictions in the Agreement, including those in the AUP and at Section 3.6 (Bulk Mail) or Section 3.7 (Unsolicited Mail) above, (ii) your Email Service email address or related IP number(s) is/are blacklisted by any third party, or MX Layer is retaliated against as a result of your email, regardless of whether you are in breach of the AUP or other part of the Agreement, or are otherwise at fault, or (iii) we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault. Complaints from email recipients and third party abuse agencies (e.g. SpamHaus, Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary.
Your indemnity obligations stated in Section 14 (Indemnification) of the General Terms and Conditions shall, in addition to the other grounds stated, cover any third party claim arising from your use of the Email Service, except to the extent such claim arises from MX Layer’s breach of the Agreement, negligence, recklessness, or willful misconduct.
10.1 Content/Message Routing Data. Your email messages and other items sent or received via the Email Service will include: (i) the content of the communication (“content”), and (ii) certain information that is created by the systems and networks that are used to create and transmit the message (the “message routing data”). The content includes things like the text of email messages and attached media files, and is generally the information that could be communicated using some media other than email (like a letter, telephone call, CD, DVD, etc.) The message routing data includes information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information, and is generally information that would not exist but for the fact that the communication was made via email.
10.2 Content Privacy. We respect your privacy. The content of your items is your Confidential Information and is subject to the restrictions on use and disclosure described in the General Terms and Conditions, Section 12 (Confidential Information). In addition to those restrictions, we agree that our personnel will not view the content of your items except in the specific ways defined below. However, you agree that we may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
10.3 Our Limited Rights To Log Into Your Mailbox(es), And To View And Use Your Content.
If we use third party vendors to help us provide Services to you, we may permit those vendors to log into your mailbox(es), view and use your email content for the same purposes described above, provided that the vendors are subject to confidentiality and privacy restrictions at least as stringent as those stated in the General Terms and Conditions, Section 12 (Confidential Information). In addition, we may share the content of your Junk Mail with independent third party abuse agencies and trade groups for the purpose of assisting in industry initiatives to control undesirable email.
You acknowledge that MX Layer is required to establish an abuse@[yourdomain].com and postmaster@[yourdomain].com address for each of your domains. MX Layer personnel may review the content of all mail received at these addresses. You may configure your Email Service such that mail is not received at these addresses but is instead forwarded to someone within your organization.
WE WILL NOT EMPLOY TECHNOLOGY TO READ YOUR EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.
10.4 Usage Data. We may collect and store information related to your use of the Services, such as use of SMTP, POP3, IMAP, and filtering choices and usage. You agree that we may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
Upon expiration of termination of the Agreement, you must discontinue use of the Email Services and relinquish use of the IP addresses and server names assigned to you by MX Layer in connection with Services, including pointing the DNS for your domain name(s) away from MX Layer Services.
You may not resell the Email Services without MX Layer’s prior written consent, and then subject to the MX Layer Reseller Agreement.
If you ask us to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at MX Layer, or that is in “end of life” or “end of support” status, we may designate the element or service as “unsupported,” “non-standard,” “best efforts,” “reasonable endeavor,” “one-off,” “EOL,” “end of support,” or with like term in the Service Description (referred to in this Section as an “Unsupported Service”). MX Layer makes no representation or warranty whatsoever regarding any Unsupported Service, and you agree that MX Layer will not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Deployment and Service Level Guarantees will not apply to the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with MX Layer’s other services, such as backup or monitoring.
If MX Layer is your “Business Associate” as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, then the MX Layer HIPAA Business Associate Agreement as of the date that MX Layer becomes your Business Associate is part of the Agreement.
If you use MX Layer’s API to develop services or integrate other services or tools with MX Layer services, you acknowledge that MX Layer will provide support for those aspects of development and/or troubleshooting related to integrating and deploying applications with MX Layer Services. Support is limited to distinct, isolated issues within MX Layer’s scope of services. You acknowledge that support is provided on a best efforts basis and MX Layer does not guarantee that any code developed as part of this support will be error free or secure.