Signal Peak E-Mail Terms of Service Agreement

Terms of Service for Internet Access from Signal Peak are covered in a separate document.

Terms of Service for Internet Access from Signal Peak are covered in a separate document. This page contains the E-Mail Terms of Service under which you (collectively, "Client") may use the services of Signal Peak ("Service Provider") and its email sites. If you use Signal Peak's mail services, you are indicating that you have read, understand and agree to be bound by all of the terms, conditions and policies set forth herein, including any appended documents and future amendments (collectively, the "Agreement"). This document applies only to clients that have an email address within the Signal Peak domain or an alternate Signal Peak domain or server.

Examples: yourusername@signalpeak.net , yourusername@alternatedomain.abc

The phrases; Signal Peak, Signal Peak Email Services, Signal Peak Network, Service Provider refer to all networks, systems, facilities, data and any business affiliates of Signal Peak Inc.

Description of Services
Service Provider will provide the Client with a capability to send and receive, on a no-fee basis, electronic mail ("email") through the Web via the SMTP and POP3 protocols through a local email client (Ex. Outlook Express) or a Web Mail client on their desktop and to access their mail via the Internet and a Web browser ("Email Services"). Client acknowledges that extra storage and other features may be available on an upgrade, fee basis. Service Provider is not responsible for providing Client access to the Internet or paying for such services. Service Provider is not responsible for providing any equipment necessary for Client to make a connection to the Internet, including but not limited to computers, radios, antennas and modems.

E-Mail Addresses
All clients will provide Signal Peak with a valid E-mail address where they will be able to receive billing, notices, information or other communications from Signal Peak. Business clients will provide Signal Peak with an E-mail address of a contact person in their firm plus the business's regular mailing address. All E-Mail addresses must be kept current with prompt notification to Signal Peak of any changes. E-MAIL MUST BE REGULARLY CHECKED.

Mail address for billing
All clients will provide Signal Peak with a current US Postal Service mailing address. Various communications, including bills, may be sent to this address. Signal Peak must be advised if any changes are made.

Billing
All payments are for the following month. I.E., payments are made in advance for services to be delivered. Bills have a pay-by date. Please try to remit by then. We accept cash, check, and PayPal. At this time we cannot take credit/debit cards. Access to our PayPal account is via our web site, www.signalpeak.net or by the customer's PayPal account.

Service Level Agreement ("SLA")
Service Provider states that the Email Services should be available 95% of the time in a given month, excluding maintenance. Uptime includes the functioning of all network infrastructure within the Service Provider facilities, the mail servers that provide SMTP, POP3 and Webmail access, and the software that is run on those servers (collectively, the "Service Provider Network"). Downtime exists when Client is unable to send and receive email as a result of a failure of the Service Provider Network. This Service Level Agreement does not cover: outages beyond Signal Peaks control, such as power grid failures, Client's connection to the Internet or any systems, hardware or software, such as mail clients (Outlook Express, etc), outside of the Service Provider Network.

Maintenance Windows
Service Provider attempts to perform all E-mail system maintenance activities during a scheduled maintenance window. The maintenance windows are scheduled for Saturdays and Sundays from 10:00 pm to 4:00 am Local time, though not every maintenance window is utilized. Window times are coordinated with a number of outside companies, many of which are in different time zones. While times may be inconvenient for some, they are not changeable. Plan your emailing accordingly.

Modifications to Terms of Service
Service Provider may modify this Agreement at any time, at which point notices will be posted on the Service Providers website. The Client's continued use of the Email Services after notice of the modification is posted will constitute an affirmative acknowledgment by the Client of the Agreement and its modifications as well as an agreement to abide by such terms. Please check the website for changes.

Period of Performance
TThis Agreement and Client's use of the Email Services shall become effective on the date and time of initial hookup by Client to Service Provider ("Effective Date"). The Period of Performance of this Agreement shall commence on the Effective Date and shall continue for a period as selected by Client during the ordering process ("Initial Period"). Thereafter, this Agreement shall automatically renew for additional like periods ("Renewal Periods") on the same terms and conditions as herein agreed, as may be amended from time to time. unless and until either party provides the other party with notice of termination prior to the end of the Initial Period, or any subsequent Renewal Period.

Termination and Non-Renewal
Upon termination or non-renewal of service, for whatever reason, , Client agrees that Service Provider and the Service Provider Network shall no longer support Client's Email Services and shall no longer store or maintain any of Client's data. In the event of termination or non-renewal of service, Service Provider may delete all of Client's information, email data and email addresses after ten (10) days.

Understanding for Termination
The Client agrees that Service Provider may terminate the Client's use of the Email Services, without recourse, if it believes that the Client has violated or acted inconsistently with the letter or spirit of this Agreement, for non-payment of internet access bills or that the Client has violated the rights of Service Provider or other Clients or parties or the Acceptable Use Policy.

Service Provider may also terminate the Client's use of the Email Services if Client's payment for any Service Fee or Renewal Fee is returned for insufficient funds, rejected processing services, or otherwise any situation in which the Internet Services provided by Service Provider remains unpaid after its due date ("Overdue Balance"). In a situation where Client has an Overdue Balance, Service Provider will make a reasonable effort to contact Client in order to obtain full payment for the Overdue Balance, before terminating Client's use of the Email Services and Internet Services.

Email Message Filtering
Service Provider may optionally provide filtering of email messages that pass through the Service Provider Network for the purpose of identifying Spam, known viruses and other disruptive content (collectively "Junk Email"). Service Provider makes reasonable effort to configure its automated software to identify Junk Email, however Client acknowledges and agrees that it is not possible to identify such content with 100% accuracy and that Service Provider is not obligated to do so. Service Provider does not guarantee that it will identify and/or block all of the Junk Email that Client receives through the use of the Email Services, nor does Service Provider guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. Client agrees to run a desktop virus scanner and firewall on computers that are connected to the Internet as a secondary line of defense in case such content slips through the email message filters and to reduce the risk of Client's systems being infected by viruses that spread via other methods besides email.

Client agrees to and understands the risks associated with using the Email Services and receiving and transmitting email messages via the Internet. Client agrees to hold harmless and indemnify Service Provider from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, of every kind and nature, caused by or arising out of claims based upon the receipt, transmission or loss of any content or service.

Email Message Storage
The Email Services have a fixed storage limit of 25 Mb per mailbox, which upon request can be upgraded for a fee. Email messages when received will not be stored if the size of such email would put the destination mailbox over its storage limit. It is Client's responsibility to monitor the size/utilization of their mailboxes via Webmail in order to prevent it from reaching its storage limit. Service Provider assumes no responsibility for the deletion of or failure to store or failure to recover email messages. Webmail may accessed via your browser (FireFox, Internet Explorer, Opera, etc) by going to: mail.signalpeak.net. Do not enter http:// or www. A blue banner will come up. Enter your full email address: username@signalpeak.net and your password.

Data Backup and Restore Policy
Client's email messages are backed up to separate storage systems daily for the purpose of recovery from errors or system failure ("Data Backups"). The Data Backups consist of a snapshot of the contents within each mailbox at a specific but variable moment in time. The Data Backups do not store every email that is transferred or received using the Email Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of email messages may remain in the Data Backups for approximately two (2) weeks, even after Client deletes the email messages from their mailbox or after termination of Email Services. Service Provider employees do not access email messages in the Data Backups unless a data restore is needed.

In the event that Client deletes email messages from their mailbox as a result of something other than a failure of the Service Provider Network, and wishes for those email messages to be restored, Client may request a data restore from any of the recent Data Backups snapshots. Client will be charged a fee per mailbox for each restore. Messages are not always recoverable. Restores are done on a time available basis and will not be immediately available due to the complexity of the restore operation.

Client Responsibilities
This section describes Client's additional responsibilities under this Agreement.

1. Client is solely responsible for Content. Client represents and warrants that Content: (a) will not infringe or violate the rights of any third party including, but not limited to, intellectual property, privacy or publicity rights of others; (b) is not abusive, profane or offensive to a reasonable person; or (c) will not be hateful or threatening. Violations of the foregoing by Client may result in early termination of services by Service Provider in Service Provider's sole discretion.

2. Client is solely responsible for the Content of client's transmissions and the transmissions of third parties accessing the Email Services through Client. Client agrees to comply with U.S. law with regard to the transmission of technical data, which is exported from the United States through the Email Services. Client further agrees not to use the Email Services: (a) for illegal purposes or (b) to interfere with or disrupt other network clients, network services or network equipment. Interference or disruptions include, but are not limited to, distribution of unsolicited advertising (SPAM) or chain letters, propagation of computer worms, viruses, scumware and use of the network to make unauthorized entry to any other machine accessible via the network. Violations of the foregoing by Client may result in early termination of services by Service Provider and/or notification of authorities at the Service Provider's sole discretion.

3. Upon termination of this Agreement, Client must discontinue use of the Email Services and relinquish use of the user names assigned to it by Service Provider in connection with the Email Services.
Sending Spam. Client may not send, or attempt to send, unsolicited email messages ("SPAM"). Spam is not only annoying to Internet users; it violates many federal and state laws and seriously affects the efficiency and cost-effectiveness of the Email Services. Sending Spam can lead to termination of Client's Email Services.

Specifically, Client agrees not to:

1. Send, or attempt to send, Spam of any kind from or through the Signal Peak Network;

2. Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the Signal Peak Network, or referencing an email address hosted on the Signal Peak Network;

3.Send email messages which result in complaints from the recipient or from the recipient's email provider, or which result in blacklisting of the sender's email address or mail server;

4. Send email messages which are excessive and/or intended to harass or annoy others;

5. Continue to send email to a recipient that has indicated that he/she does not wish to receive it; or

6. Take any actions intended to cloak the Client's identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses. Sometimes this is referred to as spoofing.

In the absence of positive, verifiable proof to the contrary, Signal Peak considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

Sending "Opt-in" Bulk Email. Client may not use the Email Services to send "Opt-in" Bulk Email. Signal Peak defines "Opt-in" Bulk Email ("Bulk Email") as email messages of similar or like content that are sent to more than 100 recipients within a relatively short period of time. The term "Opt-in" means that the recipients have signed up to receive the emails voluntarily, and implies that the Bulk Email is not Spam. Signal Peak has measures in place to prevent Bulk Email from being sent through its servers, and any attempt to do so may cause email not to be delivered and may result in interruption and/or termination of Client's Email Services. Attempts to circumvent this Bulk Email restriction by breaking up bulk mailings over a period of time or by sending from multiple email accounts will itself be considered a violation of this policy. Client may not send Bulk Email from third-party networks using a return address that is hosted on the Signal Peak Network. All Bulk Email should be sent through a third party Bulk Email provider.

Security
Client is prohibited from violating, or attempting to violate, the security of the Signal Peak Network. Any violations may result in criminal and civil liabilities to the Client. Signal Peak will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Signal Peak Network include, but are not limited to: (i) accessing data not intended for Client, (ii) logging into a server or account which the Client is not authorized to access, (iii) attempting to probe, scan or test the vulnerability of any system, (iv) breach of security or authentication measures, (v) attempting to interfere with service to any User, host or network, or (vi) taking any action in order to obtain services to which the Client is not entitled.

Illegal Use
The Email Services may only be used for lawful purposes. For example, Client may not use the Signal Peak Network to create, transmit, distribute, or store content that: (i) violates a trademark, copyright, trade secret or other intellectual property rights of others, (ii) violates export control laws or regulations, (iii) violates the privacy, publicity or other personal rights of others, (iv) impairs the privacy of communications, (v) contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by Signal Peak , (vi) encourages conduct that would constitute a criminal offense or give rise to civil liability, (vii) constitutes deceptive on-line marketing, (viii) violates reasonable regulations of Signal Peak, (ix) causes technical disturbances to the Signal Peak Network, its partner or affiliated networks or networks used by Clients to access the Email Services, or violate the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system or data, or (x) assists, encourages or permits any persons in engaging in any of the activities described in this section. If Client becomes aware of any such activities, Client is obligated to immediately notify Signal Peak and take all other appropriate actions to cause such activities to cease.

Content
Client is responsible for all content that is transmitted, received and stored by Signal Peak through Client's use of the Email Services. Signal Peak takes no responsibility for content passing through or stored on the Signal Peak Network, including but not limited to, viruses, mail floods or other disabling features, or content provided on third party websites that are linked to by content passing through or stored on the Signal Peak Network. Signal Peak does not adopt, nor warrant the accuracy of the content of any linked Web site and undertakes no responsibility to update the content. Use of any information obtained via the Signal Peak Network is at Client's own risk.

Consequences of Unacceptable Use
Signal Peak reserves the right to suspend or terminate Client's access to the Email Services upon a single notice, verbal or written, of a violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of Client, shall be considered violations of this policy by Client.

Privacy Policy
Service Provider and Client will adhere to the Email Privacy Policy with respect to the collection and use of Client's personal information by Service Provider.

Rights
Notwithstanding anything to the contrary stated herein, Service Provider maintains all rights, title and interest in the Email Services, Service Provider Software, Project Software and Work Product, and Client may not claim ownership of or use the Email Services, Service Provider Software, Project Software and Work Product in a resale capacity or allow access to the Email Services, Service Provider Software, Project Software and Work Product by any third parties.

Service Provider reserves all rights to use the Email Services, Service Provider Software, Project Software and Work Product in whatever manner it chooses, including for other Service Provider clients.

No Resale or Profiteering of the Service
Although a Client may choose to register multiple accounts, any account of the Client is understood as a stand-alone single account. The Client may choose whether the account shall be used for personal or corporate purposes. However, the Client agrees not to resell or make any commercial use (leasing or selling of accounts) of Email Services, without the express written consent of Service Provider.

Indemnification
The Client agrees to defend, indemnify and hold harmless Service Provider, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which Client became a Client of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account or the content contained in any email that has been sent or received through the Email Services, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

Right to Set-Off
If, under this Agreement, Service Provider becomes obligated or liable to pay money to Client, that sum may at the election of Service Provider, and without limiting or waiving any right or remedy against Client, be set-off against and applied to any amounts which are due and owing by Client to Service Provider until such amount has been completely set-off.

Entire Agreement
This Agreement and any attachments or other identified documents comprises the entire Agreement between Client and Service Provider and supercedes any and all prior agreements between the parties regarding the subject matter contained herein.

Non-Waiver
Failure of Service Provider to insist upon strict performance of any of the Terms of Service contained herein shall not be deemed a waiver of any right or remedy that Service Provider shall have in respect thereof, and shall not be deemed a waiver of any subsequent default in performance of the Terms of Service.

Provision of Notice
All notices to a party shall be in writing and shall be made either through email or conventional mail. Service Provider may broadcast notices or messages through the service or via its web site to inform Clients of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Clients.

Applicable Laws
The agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, excluding that body of law known as conflicts of laws and the United Nations Convention on Contracts for the Sale of Goods. The Client and Service Provider agree to submit to the exclusive jurisdiction of the courts of the State of New Mexico, USA. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Service Provider's failure to act with respect to a breach by the Client or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and any appended documents sets forth the entire understanding and agreement between the Client and Service Provider. Use of Email Services constitutes acceptance of this agreement.

If any information provided by the Client is false or inaccurate, Service Provider retains the right to terminate the Client's right to use the Email Services.

Disclaimer of Warranties
THE CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES ANY WARRANTY THAT THE SERVICE WILL MEET CLIENT REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SERVICE PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM SERVICE PROVIDER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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