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AppRiver Secure Hosted Exchange Terms and Conditions

This agreement is between you, the subscriber, and AppRiver who hosts the AppRiver email and collaboration service.

30 Day Free Trial

AppRiver provides the first 30 days of Service free of charge to allow for a thorough evaluation. During this period AppRiver will provide multiple opportunities to communicate your intent to continue the Service or cancel it. Without clear instruction regarding your intent to accept or decline the Service on or before the end of the trial period the trial will automatically convert to a monthly subscription beginning with the day after the Free Trial expires. The Free Trial applies only to the AppRiver Exchange 2003 hosting offering. BlackBerry and Goodlink Services are available but are not part of the free trial offer.

Month to Month Subscription

After the trial, your account will be automatically renewed on a month to month basis at the then current monthly subscription rate. There is no minimum term of service. You may cancel the service at any time by contacting AppRiver. Requests for cancellation must be submitted via email. Service is billed at the start of each service month for the following month. AppRiver does not give refunds for partial month's service.

One Year Subscription

AppRiver offers a One Year Subscription option which includes a 10% discount. Details will be provided during the Trial period. Clients choosing this option will be contacted approximately 30 days prior to the end of the one year subscription period with current options and renewal pricing. You may cancel the One Year Subscription at any time by contacting AppRiver. If the cancellation is prior to the then-current subscription period, AppRiver will refund the unused portion of the fees paid, net of the One Year Subscription period discount. Requests for cancellation must be submitted via email. Service is billed at the start of each service month for the following month. AppRiver does not give refunds for partial month's service.

Mailbox Storage

Unlimited mailbox storage means that clients of our Secure Hosted Exchange Service do not need to manage user mailbox quotas or be concerned about billing surprises because of normal increases in user email activity. This does not mean that using Microsoft's Outlook and Exchange will work with an infinitely large email box - there are practical limits to how large a mailbox can grow before performance becomes unacceptable for the user. Furthermore, unlimited mailbox storage does not apply to "Service" accounts and using a mailbox as an "archive" is expressly prohibited. Even if this practice was allowed it would be impractical and inconsistent with standard archiving requirements such as indexing, edit/modification logging and security.

Outgoing Email Protection Policy

Sending spam (unsolicited bulk email or UBE) using AppRiver's system is not permitted or tolerated. AppRiver defines spam as email that is both bulk and unsolicited. AppRiver will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam. We reserve the right to suspend or cancel AppRiver accounts that send bulk, unsolicited email (spam).

Incoming Email Protection Policy

AppRiver's Exchange Service is protected by AppRiver's SecureTide™ email protection solution to ensure 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 out going email. AppRiver can not be held responsible for filtering out unwanted/offensive content sent to your AppRiver account.

AppRiver Virus Policy

The AppRiver Exchange Service provides 4 layers of virus protection against incoming email viruses sent to your AppRiver Hosted Exchange mailboxes. Virus scanning takes place before messages arrive at the Exchange store and also on the Exchange store directly. Incoming and outgoing messages for all mailboxes are scanned. AppRiver's virus protection systems use the latest technologies to help ensure your protection. Virus databases are updated every 15 to 30 minutes. Protecting against virus infection is an ongoing process. It's impossible to protect against 100% of virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring they are virus-free.

Service Level Agreement

AppRiver will use commercial best efforts to provide each customer with 99.9% uptime. Service availability is defined based on a 30 day month and 24 hours per day. Upon experiencing downtime AppRiver will credit customer 5% of the monthly (or calculated monthly) fee for each 30 minutes of system downtime over the 99.9 percent agreement (up to a maximum of 100% of the monthly or calculated monthly fee). Scheduled or emergency maintenance and upgrades (usually less than 10 minutes total per month) is excluded from downtime calculations. This also does not include end-user internet connection issues or general internet congestion. Customer credits and overall liability of AppRiver is hereby limited to a maximum one month's service during the month of the outage. NOTE: This Service Level Agreement covers AppRiver Hosted Exchange, SecureTide™, and DNS Services only. BlackBerry Enterprise, Goodlink and other wireless services are not covered under the Service Level Agreement.

SLA Exceptions

The security and reliability of AppRiver's Exchange Service is our highest priority. However, there are times when we cannot guarantee 100% reliability:

• Internet congestion
• System Updates – AppRiver performs routine maintenance to ensure implementation of all current patches and bug fixes.
• Terrorist Attack
• Acts of God
• Virus/Worm/Denial of Service Attack

You specifically agree that AppRiver cannot be held liable for any missing data, corrupted or compromised data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the AppRiver service in excess of the cost of service provided. Cumulative liability of AppRiver to a customer shall not exceed the total monthly service fee of the immediate prior one month of service, or one twelfth of a one year subscription.

Security and Reliability – SAS 70 Type II

The security of AppRiver resources and customer information is our top priority. AppRiver understands that customer trust is built over time, and that even a minor infraction can destroy months or years of hard work. In today's global economy AppRiver believes it crucial to have adequate controls and safeguards for protecting data belonging to our customers. AppRiver's data centers are SAS 70 Type II compliant and we use commercial best efforts to ensure the security of data belonging to our customers.

Use of Microsoft Outlook® Software

AppRiver's Exchange Service includes the licensing for Microsoft Outlook® Software. End-users are allowed to install the software one time and only on one PC for each AppRiver mailbox. Each end-user/individual using the AppRiver service must purchase an individual Subscriber Access License (SAL) – otherwise know as a "mailbox" for this service. Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are purchased on a monthly basis for each user. If you cancel your AppRiver account you acknowledge that you are responsible for uninstalling any Microsoft Outlook® client software that is licensed as part of the AppRiver service.

Passwords

AppRiver recommends good password hygiene is followed by all end-users. It is the end-user's responsibility to keep his/her password confidential, and to change their password on a regular basis. AppRiver is not responsible for any data losses or security issues due to stolen or hacked passwords. AppRiver recommends the use of passwords that contain letters, numbers, and symbols to lessen the chance of unauthorized access. AppRiver support does not have access to existing passwords. For security reasons, AppRiver support can only reset passwords.

Backup Policy:

Deleted Item/Mailbox Retention AppRiver'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 their mailbox the system will let them restore it via Microsoft Outlook®. Deleted Item/Mailbox retention allows clients to recover data after they execute a delete command against an individual mailbox or individual mailbox item.

Disaster Recovery Backups AppRiver uses industry standard daily backups of all system configurations and each mail store to provide disaster recovery for a period of 2 weeks. These backups are maintained in order to provide quick and accurate recovery if a mail store becomes corrupted or fails for another reason. This protects the customer in the event AppRiver suffers a system failure or other event that requires the recovery of an entire mail store.

Business Continuity Provision

If the customer chooses to discontinue the Service, AppRiver will use commercial best 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.

Support

The following areas are covered by AppRiver support:

• Connectivity to the AppRiver 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 "best efforts" basis as a courtesy to our customers:

• Configuration of customer firewall software and/or hardware that could affect connectivity to the AppRiver service
• Installation of Microsoft Outlook® Software
• Configuration of customer antivirus software (Norton Antivirus 2003, etc.) that could affect connectivity to the AppRiver 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-AppRiver) 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 AppRiver service on a Macintosh or non-Windows computer

Transmission of Data

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

Limited Liability

IN NO EVENT WILL APPRIVER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF APPRIVER FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF SERVICES FEES PAID BY THE CUSTOMER EITHER DIRECTLY TO APPRIVER OR THROUGH A PARTNER/RESELLER FOR SERVICE RENDERED FOR THE IMMEDIATELY PRIOR ONE (1) MONTH OF BILLING OR ONE TWELFTH (1/12) OF A ONE YEAR SUBSCRIPTION.