iPrevision, Inc. Web Store: Email Hosting and Continuity

Secure Base Email Hosting

$69.00 / month

Secure Hosted Exchange is email made easy for businesses who want reliable messaging and mobile device synchronization – and who don’t want the expense and hassle of managing it themselves.

Secure Base Email Hosting includes 5 Full Mailboxes and unlimited storage. Add an additional Full Mailbox as needed.


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Product Description

Secure Exchange Hosting gives you fast, reliable and spam-free email – on your desktop, laptop and mobile devices – without the hassle of owning and managing your own mail servers.

Secure Hosted Exchange is email made easy for businesses who want reliable messaging and mobile device synchronization – and who don’t want the expense and hassle of managing it themselves.


NOTE: BASE EMAIL HOSTING MUST BE PURCHASED PRIOR TO PURCHASING ADDITIONAL MAILBOXES


NOTE: ALL PRODUCTS INCLUDE SECURETIDE™ SPAM AND VIRUS SERVICE


Terms of Subscription

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE HOSTED EXCHANGE EMAIL SERVICE (THE “SERVICE”). THIS AGREEMENT GOVERNS THE USE OF THE SERVICE. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT USE THE SERVICE.

Definitions

“iPrevision” means iPrevision, Inc., a California Corporation.

“AppRiver” means AppRiver, LLC, a Florida limited liability company.

“iPrevision Network” means the network of data centers, data connections and equipment that iPrevision maintains to provide the Service.

“Biennial” means once every two (2) years.

“Customer” means you or the entity you represent that is purchasing the Service and agreeing to the terms of this Agreement.

“Disclosing Party” means a party to this Agreement that discloses Confidential Information to the other party.

“Documentation” means the online user guide for the Service.

“Downtime” means any time during which the Service is unavailable from iPrevision, measured from the time of actual interruption of the Service, until the time such Service is restored.

“Force Majeure Event” means: (a) acts of God, such as fire, flood, earthquake or other natural causes; (b) terrorist events, riots, insurrections, war or national emergency; or (c) judicial, legal or other action of a governmental authority, which action makes performance of this Agreement impossible.

“Order Form” means the online order form filled in by Customer setting forth such information as the contact information of the Customer, the service (or services) selected, the number of Users permitted, the amount and method of payment, and the dates of the initial Term (or initial Terms).

“Privacy Policy” means iPrevision’s privacy policy posted on the iPrevision Website.

“Prospective Customer” means an individual or entity that is taking advantage of iPrevision’s 30-day Free Trial period.

“Receiving Party” means the party receiving Confidential Information from the other party.

“Service” means IPrevision’s Hosted Exchange Email Service, including the Documentation, subscribed to by Customer, as more particularly described in the Documentation.

“Spam” means unsolicited bulk email.

“Subscriber” means any customer of iPrevision who has become a party to this Agreement.

“Subscription” means the purchase of a right to use the Service for some period.

“Term” means the initial period of the Subscription (purchased by Customer) and any subsequent extensions or renewals.

“User” means an individual who has access to the Service via the Internet.

“Website” means the website with the URL: http://iprevision.biz/.

1. Changes

iPrevision reserves the right to change any of the terms of this Agreement by posting the revised terms of this Agreement on the Website and/or by sending an email to the last email address that the Subscriber has given to iPrevision. Any such change shall be effective immediately with respect to any new Subscriber and retroactive to the date of notice with respect to any existing Subscriber who does not terminate the Subscription within 10 days after the earlier of such posting or email.

2. Eligibility

iPrevision requires that any individual Subscriber be at least 18 years of age. By using the Service, Customer represents and warrants that Customer, if an individual, is at least 18 years of age and that Customer’s use of the Service does not violate any applicable law or regulation.

3. Subscription Options

The Subscription is monthly. The Service is billed at the start of each monthly Subscription. Unless notice to the contrary is provided by one party to the other before the end of any Term, the Term will automatically extend for the same amount of time as the prior period.

4. Fees and Payments

Customer acknowledges and agrees that Customer is responsible for paying the fee that applies for each period during which the Term continues. Upon Customer entering into a Subscription Agreement with iPrevision and giving iPrevision Customer’s credit card information, Customer agrees that iPrevision may, and is authorized to, charge Customer’s credit card account for payment in advance in the correct amount, which payment may vary from time to time as provided in this Agreement, for each recurring period of this Agreement. If iPrevision does not receive payment for Customer’s account, as required, iPrevision may terminate Customer’s account. Customer’s payment reconfirms Customer’s consent to be bound by the terms of this Agreement.

5. Termination

The Term of this Agreement will continue until terminated. Such Term may be terminated by either party at any time and for any reason. The Term will automatically expire if Customer stops payment for the Service, or if Customer doesn’t comply with this Agreement. iPrevision does not provide refunds for any part of a month during which a termination occurs. Requests for cancellation must be submitted via email to accounting@iPrevision.net with the words: “Cancel Hosted Exchange Email Subscription” in the subject line of the email. Upon termination, Customer will no longer have access to, or be able to use, the Service except as provided in “23? below relating to facilitating Customer’s move to another service.

6. Right to use the Service

Subject to the terms of this Agreement and proper payment to iPrevision, iPrevision hereby grants Customer a non-exclusive, non-transferable right to use the Service solely for Customer’s own internal business purposes for the Term and number of Users specified in the Order Form.

7. Restrictions on Use

Customer will not use, and will not permit others to use, Customer’s account to: (1) copy, distribute, rent, lease, transfer or sublicense all or any portion of the Service to any third party; (2) modify or prepare derivative works relating to the Service; (3) use the Service (other than for Customer’s internal use) in any commercial context or for any commercial purpose or in any commercial product including reselling the Service; (4) use the Service in any manner that threatens the integrity, performance or availability of the Service; (5) reverse engineer, decompile, or disassemble the Service; or (6) use the Service to help design a competing or similar service.

8. Ownership

Customer acknowledges that the Service is the exclusive property of AppRiver. AppRiver, iPrevision and their suppliers retain all rights, title and interest in and to all patents, copyrights, trade secrets, trademarks and other intellectual property rights in the Service. Customer shall not acquire hereunder any right, title, or interest in the Service, except the right to use it in accordance with this Agreement.

9. Customer Obligations

During the Term of this Agreement, Customer shall have the following obligations, in addition to those set forth elsewhere in this Agreement:

9.1

Customer shall be solely responsible for its connection to the Internet and shall maintain a valid IP address to enable Customer to use the Service. Customer shall conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users.

9.2

Customer shall be solely responsible for its activities (and the activities of anyone else who obtained access to Customer’s password due to actions or inactions by Customer) in using the Service including the activities of its employees and contractors.

9.3

Customer’s use of the Service is subject to all applicable local, state, national and foreign laws and regulations. Customer agrees to comply with such laws and regulations.

9.4

Customer agrees that if the average number of emails received by each of Customer’s then-licensed Users in any one month exceeds 250% of the average number of emails received per licensed User measured across the iPrevision Network that same month, iPrevision may increase the charges to what would be charged if the number of licensed Users were increased so that limit was not exceeded. Such increase shall remain in effect until three (3) months after the number of emails received by Customer per actual licensed User no longer exceeds such limit.

9.5

Customer shall be responsible for ensuring that Customer’s email is directed through the Service by making and maintaining the appropriate configuration settings.

10. Mailbox StorageSubject to compliance with the terms of this Section, each User is provided with unlimited mailbox storage. Users of the Service do not need to manage User mailbox quotas or be concerned about billing surprises because of normal increases in User email activity. There are, however, limits to how large a mailbox can grow before performance will be unacceptably degraded. Additionally, unlimited mailbox storage applies only when the User is not receiving emails in response, or otherwise relating, to Spam sent by User and over 90% of the email received is either live person to live person or has not been solicited by or consented to by the User. For example, forwarding all faxes addressed to more than one individual to the same User’s mailbox or using one mailbox as an “archive” to store emails addressed other than to the User to whom the mailbox is assigned is expressly prohibited.

11. Confidentiality

11.1

The parties need to assure protection of their respective trade secrets and other confidential information (“Confidential Information”).

11.2

Confidential Information of iPrevision includes, but is not limited to:

Any and all source code used to provide the Service and concepts relating to such source code and all designs, diagrams, flow charts and documentation relating to any such source code.

11.3

Confidential information of Customer includes, but is not limited to:

All emails (with all attachments), both sent and received, of Customer, the content of which was not created by or for the Receiving Party

11.4

Notwithstanding any other provision of this Agreement, Confidential Information shall not include:

(a) Information that is, or subsequently becomes, within the knowledge of the public generally through no fault of the Receiving Party;

(b) Information that was known to the Receiving Party at the time of receipt and before obtained from the Disclosing Party; or

(c) Information that is developed independently by the Receiving Party, and not the Disclosing Party or using any of the Disclosing Party’s information.

11.5

Except as reasonably required to monitor and enforce compliance with the terms of this Agreement, each Receiving Party covenants and agrees not to use or disclose any of the Confidential Information of the Disclosing Party.

11.6

The parties agree that all Confidential Information shall remain protected under this Agreement for so long as such information is not subject to any of the exceptions set forth in “12.4? above.

11.7

Notwithstanding the foregoing, in the event that the Receiving Party receives a subpoena or other validly issued administrative or judicial process requesting any of the documents or materials or other disclosure of Confidential Information, the Receiving Party shall, if not prohibited by law, promptly notify the Disclosing Party and tender to the Disclosing Party the defense of such demand. Unless the demand shall be timely limited, quashed or extended, the Receiving Party shall thereafter be entitled to comply with that demand to the extent required by law. If the Disclosing Party so requests, the Receiving Party shall cooperate, at the Disclosing Party’s expense, in the defense of such demand.

12. Acceptable Use Policy

Customer shall ensure that its Users must not under any circumstances whatsoever commit, or attempt to commit, aid or abet any action that may threaten the Service, whether deliberately, negligently or innocently, which shall include but is not limited to: (i) an attempt to crash the Service host or network; (ii) “denial of service” attacks, or “flooding” attacks against the Service host or network; (iii) any attempt to circumvent the user authentication or security of the Service host or network; (iv) the creation, transmission, storage, or publication of any kind of virus or corrupting program or corrupted data; or (v) any other action that may adversely affect the Service. iPrevision shall have the right to suspend or terminate the Service, and to take such defensive action as may at IPrevision’s sole discretion be deemed necessary in the event of any attack upon the Service or network.

13. Supplier Licenses

Customer’s use of iPrevision’s Hosted Exchange Email Service is subject to AppRiver’s license with MicroSoft and possibly one or more other suppliers. Customer is, therefore, a party to the Microsoft “End User License,” a copy of which is available upon request. If Customer is accessing the Service using a Blackberry application, Customer is also subject to the “Blackberry Customer License Terms,” a copy of which is also available upon request.

14. Use of Microsoft Outlook® Software

iPrevision’s Exchange Service includes the licensing for Microsoft Outlook® Software. Each User is allowed to install any client side software required (to use the Service) one time and only on one PC. It is understood and agreed that Customer will subscribe to one mailbox for each of Customer’s Users. In addition to this being required by iPrevision, no more than one User per mailbox is permitted by Microsoft. Upon termination of the Term, Customer is responsible for uninstalling any Microsoft Outlook®, or other client software that is licensed as part of the iPrevision service.

15. Incoming and Outgoing Email Protection Policies

15.1 Incoming Mail Policy

iPrevision’s Exchange Service is protected by iPrevision’s SecureTide™ Email Protection solution (the “SecureTide Service”) to help protect the security of the entire system. The SecureTide™ Service includes a comprehensive set of tools for filtering spam (unsolicited commercial email or UCE), viruses and other malicious content from incoming and outgoing email. iPrevision does not provide any warranties regarding the SecureTide Service. By agreeing to this Agreement, Customer is also agreeing to be a party to the SecureTide Email Protection Service Subscription Agreement (the “SecureTide Agreement”).

15.2 Outgoing Mail Policy

Sending Spam using iPrevision’s system is not permitted or tolerated. iPrevision defines Spam as email that is both bulk and unsolicited. iPrevision will not be held responsible if Customer’s domain name is blocked by internet service providers (ISPs) for sending Spam. iPrevision reserves the right to suspend or cancel iPrevision accounts that send Spam.

16. Modifications to Service

iPrevision reserves the right to modify the features and functionality of the Service with the objective of providing Customer with equal or enhanced services. These updates shall include a subsequent release or version of the Service containing functional enhancements, error corrections or fixes that are generally made available free of charge to IPrevision’s customers that have contracted for the appropriate level of Service. Updates shall not include any release, option or future product which iPrevision licenses separately or which is not included as part of the Service.

17. Service Level Agreement and Remedy

17.1

iPrevision warrants that during the Term, the Service shall be operational at least 99.999% of the total hours during every month Customer uses the Service (“Availability Warranty”), meaning that the Downtime in such given month shall not be more than .001%. The Availability Warranty does not apply to Downtime which is attributable to: (i) events of Force Majeure as described in Section 31 of this Agreement; (ii) acts or omissions by the Customer which are in contravention of this Agreement; or (iii) scheduled maintenance of the Service by iPrevision.

17.2

If Customer believes that iPrevision has failed to meet its commitments under the Availability Warranty, Customer must contact iPrevision in writing within 15 business days of the month in which Customer believes the warranty obligations were not met. The enforceability of this warranty is contingent upon such notice being timely given. In the event that it is shown that iPrevision did not meet its warranty commitments, IPrevision’s sole obligation to Customer will be to provide a credit to Customer against future Service fees in an amount equal to 5% of the Customer’s monthly Service fee for each 30 minutes of Downtime in the calendar month in question, up to a maximum of the monthly fee. The remedy set forth above shall be Customer’s sole and exclusive remedy for a breach of the Availability Warranty.

18. Warranty Disclaimers

EXCEPT AS OTHERWISE PROVIDED IN SECTION 17, THE SERVICE IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IPREVISION DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. IPREVISION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT, RELATED TO THE SERVICE SUPPLIED HEREUNDER. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER.

19. Limitation of Liability

IPREVISION’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF, THIS AGREEMENT, IS LIMITED TO THE AMOUNT CHARGED FOR THE SERVICE DURING THE ONE (1) CALENDAR MONTH JUST PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IPREVISION OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSSES OR EXPENSES RELATING TO INTERRUPTION OF BUSINESS ACTIVITIES, LOSS OF DATA OR THE COSTS OF PROCURING SUBSTITUTE GOODS, WHETHER OR NOT IPREVISION WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

20. Passwords

iPrevision recommends good password hygiene be followed by all Users. It is the Customer’s and User’s responsibility to keep passwords confidential, and to change passwords on a regular basis. iPrevision is not responsible for any data losses or security issues due to stolen or hacked passwords. iPrevision recommends the use of passwords that contain letters, numbers, and symbols to lessen the chance of unauthorized access. iPrevision support does not have access to existing passwords. For security reasons, iPrevision support can only reset passwords.

21. Deleted Item/Mailbox Retention

iPrevision’s servers are configured to allow recovery of deleted mailboxes or mailbox items for a period of 30 days. If a User deletes an item from his or her mailbox, the system will allow the User to restore the item via Microsoft Outlook®. Deleted Item/Mailbox retention allows Users to recover data after they execute a delete command against an individual mailbox or individual mailbox item.

22. Recovery Backups

iPrevision creates industry standard daily backups of all system configurations and mailboxes. These backups are maintained in order to facilitate quick and accurate recovery if a mailbox becomes corrupted or fails for another reason. This helps protect a customer in the event iPrevision suffers a system failure.

23. Transition After Termination

If Customer’s Subscription is terminated, and Customer is not in breach of the terms of this Agreement, upon request of Customer, iPrevision will use commercially reasonable efforts to provide no less than two (2) weeks of interim service in order to facilitate a transition of Customer’s service to another provider or in-house implementation. iPrevision may charge a commercially reasonable amount for such services.

24. Customer Indemnification

Customer agrees to indemnify and hold iPrevision harmless from any losses arising from claims or demands (including, but not limited to, attorneys fees) relating to the Service that are attributable to the negligence of Customer, any misuse of the Service by Customer, any violation of IPrevision’s Acceptable Use Policy set forth in Section 12 of this Agreement, or the failure of Customer to fulfill its responsibilities under this Agreement. In the event of any such claim or demand, iPrevision agrees to promptly notify Customer of the claim or demand and allow Customer to control the defense or reasonably settle such claim or demand provided that iPrevision or its Service is not adversely affected by such control or settlement. iPrevision will have the right to approve any attorney selected by Customer to represent iPrevision. Notwithstanding the foregoing, in the event Customer fails to select a lawyer(s) to defend any such claim who is acceptable to iPrevision within a reasonable time under the then current circumstances, iPrevision may choose its own lawyer(s) and Customer will be responsible for paying the legal fees of such lawyer(s).

25. Support

The following areas are covered by iPrevision support:

  • Connectivity to the iPrevision Service to enable the sending and receiving of email
  • Configuration of Microsoft Outlook® Software for Windows PCs
  • Creation of additional mailboxes, distribution lists, domain and user aliases
  • Issues related to Public Folders
  • Issues related to security settings within the exchange (server-side) environment
  • DNS related issues

The following areas are handled on a “commercially reasonable” basis as a courtesy to our customers:

  • Configuration of customer firewall software and/or hardware that could affect connectivity to the iPrevision service
  • Installation of Microsoft Outlook® Software
  • Configuration of customer antivirus software (Norton Antivirus 2003, etc.) that could affect connectivity to the iPrevision service
  • Issues related to customer’s connection to the Internet (i.e. T1, Cable Modem, DSL Modem, Dial-Up accounts, etc.)
  • Issues related to other email accounts or personal folders (non-iPrevision) configured within customers’ Microsoft Outlook® software
  • Issues related to general use of the Microsoft Outlook® software (i.e. training, etc.)
  • Email client software other than Microsoft Outlook®
  • Use of iPrevision service on a Macintosh or non-Windows computer

26. Transmission of Data

Customer agrees that iPrevision is not responsible for any unauthorized access or modification of Customer’s data whilst in electronic transmission to or from the iPrevision data centers. Customer also agrees that iPrevision is not responsible or liable for any content sent using, or received from, the iPrevision service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.

27. Privacy and Security of Protected Information

Customers are often subject to one or more rules that govern the privacy and security of certain information. Customer agrees that iPrevision is not responsible or liable for any content sent using, or received from, the iPrevision Service if it is subject to such rules and is not encrypted with an industry accepted encryption method. iPrevision offers one such encryption Service but many are available and suitable for achieving compliance with the Customer’s legal responsibilities.

28. Subpoena and Compliance Fees

Customer agrees to pay IPrevision’s costs (and commercially reasonable fees for the time and effort required of IPrevision’s employees) for complying with subpoenas, information storage, retrieval, management, and advisory services.

29. Export Controls

Customer agrees to comply with all applicable U.S. export control laws and regulations as from time to time amended, including without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State. Customer shall not export, import or transfer the Service contrary to U.S. or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. Customer represents that neither the United States Department of Commerce nor any other federal agency has suspended, revoked or denied its export privileges. Customer agrees not to use or transfer the Service for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license.

30. Force Majeure

If the performance of this Agreement or any obligation (other than one for money owed) is prevented, delayed or interfered with by a Force Majeure Event, the party affected by the Force Majeure Event is excused on a day-by-day basis to the extent of the interference, but only if: (i) the Force Majeure Event is beyond the reasonable control of the party claiming it and without that party’s fault or negligence; (ii) the affected party notifies the other party as soon as practicable of the nature and expected duration of the claimed Force Majeure Event; and (iii) the affected party uses its best efforts to protect against the Force Majeure Event and uses all commercially reasonable efforts to avoid, mitigate or remove the extent of the delay and causes of nonperformance and resumes performance promptly after the causes have been eliminated. The obligations of the party not claiming the Force Majeure Event are also excused on a day-by-day basis.

31. Privacy Policy

Customer agrees that iPrevision may access, use, and disclose Customer’s information as permitted in its Privacy Policy. In this regard, the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

32. Choice of Law

This Agreement shall be governed by the laws of the State of California, USA, and of the United States of America, excluding (i) their respective conflicts of law principles and (ii) the United Nations Convention on Contracts for the International Sale of Goods.

33. Jurisdiction

Each of the parties does hereby agree that any dispute relating to this Agreement, and any other agreement between the parties, the Privacy Policy or the Service, will be decided by the state and federal courts located in or otherwise having jurisdiction for Orange County, California, and each party agrees that such party is subject to the jurisdiction of such courts.

34. General

Any party entering into this Agreement on behalf of another party does hereby represent and warrant that such action was and is being taken with full authority. The waiver by either party of any breach of any provision contained in this Agreement shall not be deemed to be a waiver of such provision or of any subsequent breach of the same or any other provision contained in this Agreement. Any such waiver must be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof. All provisions of this Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. This Agreement, the SecureTide Agreement, the Privacy Policy, the Order Form, any Fee Schedule, the hours of telephone support availability set forth on the Website, Customer’s agreement to abide by the Microsoft End-User License and Customer’s agreement to abide by any other agreement with a third party, such as RIM for access to the Service with a Blackberry smartphone, constitute the complete agreement between Customer and iPrevision concerning the subject matter hereof and supersede any prior proposal, agreement, or communication, oral or written, pertaining to such subject matter. There are no inducements to enter into this Agreement which are not set forth herein. Customer may not assign this Agreement or any associated transactions without the written consent of iPrevision. In the event of a breach by a party of its obligations hereunder, the non-breaching party may seek injunctive or other equitable relief without the necessity of posting bond.