Phishing and Malware Protection

Keeps email focused on advancing your business – not harming it!


  • Stops unwanted email and threats from reaching your inbox.
  • Instantly provides front-end protection against phishing, malware and other attacks.
  • Stores mail if your servers go down during disasters or other outages.
  • Works seamlessly with Office 365/Microsoft 365.

Make your business a much harder target.

Advanced Email Security blocks 99 percent of unwanted mail and malware, keeping your inbox clean and your network safe. Our next generation threat detection technology relies on AppRiver's big data security platform and expert human analysis to identify threats and evolve our defenses in real time, keeping our customers safe from phishing attacks, Business Email Compromise (BEC) attempts, conversation hijacking, brand forgery attacks and other potentially harmful forms of social engineering. Take the target off of your business with Advanced Email Security from AppRiver.


Features and benefits with Advanced Email Security

Easy to set up. Instantly effective. Advanced Email Security is AppRiver's award-winning email security service that intercepts unwanted and malicious email before anything reaches your inbox or servers.

  • Real-time protection from phishing, conversation hijacking, malware and more
  • Simple implementation
  • No hardware or software installation
  • Up to 30-day quarantine retention
  • Inbound and outbound email protection
  • Daily Held Spam Reports
  • User level filter permissions
  • Bulk email quarantine configuration
  • Disaster email recovery included*
  • 99-percent effectiveness in blocking unwanted email and malware
  • Office 365 compatible
  • Phenomenal Care® from our US-based team, 24 hours a day, every day

*AppRiver's disaster email recovery feature will hold up to 30 days of email in a queue anytime your mail servers are offline. This feature may be augmented with our Email Continuity Service (ECS) that will allow one, some, or all users to have an Outlook Web Access mailbox (with up to the last 30-days of mail) embedded within our customer portal. There is a small ECS mailbox/month fee for this service.


Contact Information - Let us call you

My Company is based in:

 United States of America

 Europe, the Middle East, or Africa

Number of Users

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Comments




How does it work?

 

 

Advanced Email Security is our award-winning mailbox protection service that puts a filter between the Internet and your mail servers. Email messages are routed through AppRiver's big data security platform which uses sophisticated detection methods and to process billions of security events daily – which ensures you get the legitimate messages you want without the potentially harmful messages you don't.

Advanced Email Security works effectively on a number of different email platforms including:

  • Microsoft Exchange
  • Novell GroupWise
  • Lotus Notes/Domino
  • Oracle Collaboration Suite
  • Sendmail Spam filter for Linux/Unix

“The product's Web-based interface makes setup and maintenance a snap—filter updates can be programmed to happen every several minutes, ensuring the best protection. But the real beauty of Advanced Email Security is the set-it-and-forget-it style of deployment.”

Frank J. Ohlhorst
CRN


Stay secure

Selective Data Centers

At AppRiver, we carefully select our data centers to meet the demands of a high-availability, mission critical messaging system. Our facilities, located in Georgia, Texas, Virginia, London and Switzerland, provide built-in redundancy necessary for failsafe network operations. All our facilities are SSAE 16 and ISAE 3402 audited and have the following features:

  • Conditioned UPS power (N+1 redundant)
  • On-site diesel generators that can run indefinitely should utility power fail
  • N+1 redundant HVAC systems
  • Physical access secured using military-grade passcards and biometric hand scanners
  • Cisco GSR 12000 class routers running HSRP (N+1 hot failover) through six leading communications providers
  • Unique multi-tier DDoS mitigation engine
  • Continuous network and application monitoring
  • Certified onsite staff
  • 100% network availability

 

Information Security

Whether it's financial data, user account information or confidential email, many states are requiring companies to keep electronic communications private.

 

Transport Layer Security

TLS, or transport layer security, provides a basic level of information security by encrypting the link between one mail server and another. Once a secure channel between two companies has been established, communications between them is protected with no further effort required.

TLS is an optional feature with Advanced Email Security that is available by purchasing AppRiver's SmartHost service.

 

Going Beyond TLS

AppRiver provides TLS for clients who require encrypted server-to-server connections. For those who need user-to-user encryption, we recommend our Email Encryption service.

Email Encryption is user-based and user friendly. Delivered through AppRiver’s trusted Software as a Service (SaaS) delivery platform, the encryption system enables end-to-end, content level encryption of email and mobile messages.

Functional Benefit

  • Quarantine – categorized by Spam, Malware, Released Mail and Trash
    • Searchable by date range, from/to, subject, country, attachment
    • Retention period from 14 to 30 days, depending on domain settings
    • Easily release valid messages to inbox
    • Safely view and analyze captured emails, including the ability to show raw messages, view header information, check against RBLs, check the IP address, download message for further analysis and more
    • Ability to filter (declutter) quarantine to hide messages from known sources of spam or malware
  • Daily Held Spam Report
    • Provides listing of all quarantined mail
    • Configurable by end-user
    • Selectable receipt interval (from none up to multiple times daily)
    • Sent to each end-user’s inbox
    • Allows message viewing/analysis and release directly from within the report
  • Domain Statistics Report
    • Sent weekly to administrator and any other chosen recipient(s)
    • Contains domain-specific statistics, including whitelist requests, message type counts, spam categories, spam and virus frequency by email address and more
  • Quarantine Alerts sent if a message is quarantined that could potentially be important to the mailbox owner
  • Optional SmartHost service also scans and filters outgoing messages for spam and malware
  • Integrated Lightweight Directory Access Protocol (LDAP)
    • Allows your active directory to be automatically synced on a set schedule with Advanced Email Security, ensuring your mailbox security service is always available to your current user base
    • Promotes active directory health, which is beneficial to system efficiency
    • Eliminates effort on part of administrator to keep up with company turnover in regards to active directory
    • Works with multiple server types and can schedule automatic imports in 1- to 24-hour increments
    • Does not transfer password information
  • Convenient scan options to block file/link extensions, macros, encrypted documents from unknown senders, unknown message types, etc.
  • Customizable mail rules easily configured around conditions and subsequent actions
  • Disclaimer feature allows administrator to assign a set statement on all inbound and outbound messages
  • Log search function helps administrator trace message paths for troubleshooting
  • Bulk Add Users to quickly and easily add up to 100 users at a time
  • Rate limiting set to one message every two seconds or 30 messages per minute
  • Message size restriction - limited to 100MB, sender receives notification if over limit
  • Delivery Queue
    • Shows status of any message(s) that has not passed through the server
    • Provides the ability to reject or release any problem message, as well as greater visibility to troubleshoot mail server issues on either end of the delivery
  • Export Email Addresses easily to a CSV file

 

Filtering Expertise

  • Contains several customizable filter settings to give more granularity in regards to the effectiveness and efficiency towards your domain(s)
    • Allowed Lists can be easily submitted by end-users and managed by administrator
    • Bulk Add filters can simplify adding multiple email or IP addresses, domains, file names, text or specific countries to allowed or blocked list
    • Also can individually add allowed or blocked email or IP addresses, domains, file names, text or specific countries
    • Quick summary of domain filter settings is also available to the admin, as well as CSV settings export
  • Tiered filter permissions easily configured and managed by admin
    • Four tiers:  Domain Blocked List, User’s Blocked List, Domain Allowed List, User’s Allowed List
    • User permissions may be set to supersede domain permissions if necessary and approved by administrator
  • Open or Closed Domain mode options, based on specific needs
    • Open mode
      • Accepts mail from all users, regardless of whether or not they exist on user list for the domain
      • Supported with a 14-day quarantine retention period
    • Closed mode
      • Holds email received from unknown addresses and keeps from entering the system if not on user list for the domain
      • Supported with a 30-day quarantine retention period if Closed mode is set to delete messages from invalid users
  • Over sixty different filtering tests, including:
    • Bulkmailer (gray mail) – allows mail received as a bulk mail campaign to be sorted into a more convenient folder than the inbox
    • Spearphishing – one of the industry’s first tests, designed to avoid Business Email Compromise (BEC) by utilizing AppRiver’s proprietary detection technology
    • Additional content tests designed to identify scams, adult phrases, header issues, bounced messages, encoded subjects, byte signature scanning, forged mailers and/or routes, client side scripts in HTML, redirects, suspicious URLs, maximum invalid users, no legitimate content, phishing, all forms of message obfuscation, spam phrases, tracking bugs and more
    • Sender Policy Framework (SPF) verification – set to either hard or soft rules
    • Additional sender verification checks including ISP, return path domain, HELO, reverse DNS, forged domains and more
    • Profiles that check for specific regional dialects and characters
    • Weight checks that can be dialed up or down to filter more or less aggressively

Behind the Curtain

  • Utilizes five anti-virus engines (two proprietary)
  • Reaches beyond typical machine-learning algorithms with real-time dynamic behavioral analysis, automation, sandboxing and link detonation
  • More than 8 million rules written by AppRiver technicians, who monitor and proactively adjust Advanced Email Security defenses against emerging threats
  • Continuously engages with several threat intelligence feeds (including our own) to help improve situational awareness
  • Uses integrated blacklist feeds, both proprietary and 3rd party

 

 

What is Advanced Email Security?

Advanced Email Security is a fully managed email protection service that prevents up to 99% of unwanted messages, phishing attempts, viruses, and other internet pollution from ever reaching your network. Since Advanced Email Security is delivered as a service, there is nothing to install, configure or manage. Setup is easy and usually takes less than an hour, regardless of the size of the organization.

 

How does Advanced Email Security determine which email to block?

AppRiver's service relies on a collaboration of automated systems and people to identify malicious messages and keep your inbox safe. The system is designed as a continuous, large-scale learning process where human and machine elements work together to evaluate messages. The machines do things that the people can't, such as comparing and cataloging features on millions of messages very quickly. Likewise, people do things that the machine can't, like recognizing a new spam or obfuscation technique with a single message sample. (For example, humans can quickly recognize sexual innuendo.)

 

How effective is Advanced Email Security?

In its evaluation of AppRiver's technology for its 2006 "Pattern Recognition: Technical Insights" report, research firm Frost & Sullivan observed, "AppRiver's real skill set comes from speed-spam and virus capture rates second to none in the security industry." More importantly, Advanced Email Security has maintained a 97% customer retention rate since 2002.

 

Does Advanced Email Security work quickly?

In a fraction of a second, every piece of your company's email is subjected to a blend of proven filtering techniques. Advanced Email Security filtering systems are constantly updated so illicit email is quickly identified and blocked. Advanced Email Security has approximately 200-250k active signature tests at any given time. Currently, Advanced Email Security processes over 2.5 billion messages per month for about 67,000 companies on six continents.

 

How often are the Advanced Email Security rules updated?

The service is maintained and updated an average of 4,000 to 8,000 times a day, every day.

 

Does Advanced Email Security screen outgoing mail as well?

Yes. Our outbound email filtering program cleans all internal emails before they are sent from the network's system. This additional filtering service reduces the risk of improper routing and misuse of the company's resources, as well as unapproved messaging.

 

What scanning engines do you use?

AppRiver employs a variety of spam-blocking techniques, but the heart of our system is Message Sniffer®, our proprietary technology that uses advanced pattern recognition and a regularly updated "rules" database to accurately identify potentially unwanted and malicious messages. Message Sniffer searches for combinations of typical features including message sources, common obfuscation techniques, email and URL targets and fragments, and even coding styles.

 

Who owns the technology behind Advanced Email Security?

AppRiver owns all core email filtering technology used in its Advanced Email Security service, which allows the company to be highly adaptable in the fast-changing security environment. It also ensures the system's quality and cost variables remain under AppRiver's control.

 

How long does it take to set up?

AppRiver's internal standard is less than 24 hours, but account creation and MX record change notices usually are sent out in under two hours.

 

Why do I have to change my MX Record?

Advanced Email Security resides between the Internet and your mail server. If your email is hosted by a third party, Advanced Email Security sits between the Internet and your mail hosting company. By replacing your MX records with MX records provided by Advanced Email Security, your inbound mail will travel from the internet, through our screening process, where it will be scanned for spam and viruses, and then be passed to your network.

 

What happens to the captured mail and unwanted junk?

Each user is sent a daily Held Spam Report. If Advanced Email Security identifies a legitimate message as spam, users can instantly release the wanted message directly from the report. Web access to the quarantined email is also available to administrators and end-users. The quarantined emails can then be easily filtered, or decluttered, to help quickly view captured messages to ensure nothing important was held. However, Advanced Email Security also will inform the mailbox owner if a potentially valid email is quarantined through Quarantine Alerts.

 

What are Quarantine Alerts?

If Advanced Email Security flags a message as spam and it recognizes that you have corresponded with the contact previously, you'll receive a Quarantine Alert calling your attention to the message, which can then easily be released to your inbox. Likewise, any quarantined message containing a virus or malicious content sent to or received from a previous contact will also trigger a Quarantine Alert, although such message types still require Admin approval for release. Quarantine Alerts are active for both incoming and outgoing mail.


What happens to bulk emails?

By configuring a simple content rule in the Customer Portal, you can use the power of Advanced Email Securityto allow these items to be categorized and then easily sorted around your inbox to a folder of your choosing.

 

Is my mail protected during a disaster?

Yes. If a client server is not accepting email for any reason, the Advanced Email Securitydelivery manager will encrypt and queue email until the client server is back online. So even if your internal servers are damaged or destroyed, you will still have access to several days of email that has been preserved on AppRiver's servers.

 

What is the difference between Open and Closed domain modes?

Open mode is the default domain mode setting. It means that AppRiver will process all messages regardless of who they are addressed to. This setting is desirable for new accounts that have not yet entered all their email addresses. Setting your domain to Closed mode will only process mail for the addresses entered in the web interface. This will not bounce the messages and let spammers detect valid addresses. It will simply hold all incoming messages for users not on your users list after they are received.

 

How do I start using Advanced Email Security?

First, activate the Free trial form. This will prompt us to email you new MX records within a few hours, typically within the hour during the normal business day. The next step will be to change your MX records, which we can help you coordinate. Once the MX records have been changed, Advanced Email Security is protecting your business.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SECURETIDE® EMAIL PROTECTION SERVICE (THE "SERVICE"). THIS SUBSCRIPTION AGREEMENT (SOMETIMES REFERRED TO HEREIN AS 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


"AppRiver" means AppRiver, LLC, a Florida limited liability company.

"AppRiver Network" means the network of data centers, data connections and equipment that AppRiver 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 all AppRiver Email Protection Service data centers, 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 AppRiver's privacy policy posted on the AppRiver Website.

"Prospective Customer" means an individual or entity that is taking advantage of AppRiver's 30-day Free Trial period.

"Receiving Party" means the party receiving Confidential Information from the other party.

"Service" means SecureTide®, AppRiver’s hosted Email Protection Service, including the Documentation, subscribed to by Customer consisting of Email Spam and virus filtering, as more particularly described in the Documentation.

"Spam" means unsolicited bulk email.

"Subscriber" means any customer of AppRiver 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: www.AppRiver.com.


1. Changes


AppRiver 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 AppRiver. 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


AppRiver 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. 30-Day Free Trial


A Prospective Customer may use the Service free of charge for up to 30 days to allow for a thorough evaluation (the "Free Trial"). Unless Prospective Customer completes and submits the Order Form to AppRiver electing to convert the Free Trial to a paid subscription within such 30 day period, the Service will be shut off after such 30-Day Free Trial period has expired.


4. Subscription Options


During the Free Trial period, Prospective Customer will be given the opportunity to review and select one of the available Subscription options. The Subscription options include, but are not limited to, monthly, quarterly, annually, and Biennially. The Service is billed at the start of each Subscription period for the (initial, renewal or extended) period. Unless notice is provided by one party to the other of no renewal, before the end of any Term, the Term will automatically extend for the same amount of time as the prior period. Subscribers choosing Yearly and Biennial Subscription options receive prepayment discounts.


5. 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 AppRiver and giving AppRiver Customer's credit card information, Customer agrees that AppRiver 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 AppRiver does not receive payment for Customer's account, as required, AppRiver may terminate Customer's account. Customer’s payment reconfirms Customer’s consent to be bound by the terms of this Agreement.


6. 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. If the termination is for an annual or Biennial subscription and is requested prior to the end of the active subscription period, AppRiver will refund pro rata, as of the end of the month in which the Service is terminated, the unused portion of the fees paid, after subtracting from the unused portion the entire amount of any annual or Biennial Subscription period discount that was given. AppRiver does not provide refunds for any part of a month in which the Service is terminated. Requests for cancellation must be submitted via email to [email protected] with the words: "Cancel SecureTide Subscription" in the subject line of the email. Upon termination, Customer will no longer have access to, or be able to use, the Service.


7. Right to use the Service


Subject to the terms of this Agreement and proper payment to AppRiver, AppRiver 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.


8. 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 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.


9. Ownership


Customer acknowledges that the Service is the exclusive property of AppRiver. AppRiver and its 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.


10. Customer Obligations


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


10.1   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.


10.2   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.


10.3   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.


10.4   Customer shall notify AppRiver within fourteen (14) days if the number of Customer’s Users increases by more than five percent (5%) of the then-licensed number of Users.


10.5   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 AppRiver Network that same month, AppRiver 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.


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


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 AppRiver 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:


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

  • Information that was known to the Receiving Party before obtained from the Disclosing Party; or

  • Information that is developed independently by the Receiving Party and not 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 so long as such information is not subject to any of the exceptions set forth in Section 11.4 above.


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. AppRiver shall have the right to suspend or terminate the Service, and to take such defensive action as may at AppRiver’s sole discretion be deemed necessary in the event of any attack upon the Service or network.


13. Modifications to Service


AppRiver 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 AppRiver’s customers that have contracted for the appropriate level of Service. Updates shall not include any release, option or future product which AppRiver licenses separately or which is not included as part of the Service.


14. Service Level Agreement and Remedy


14.1    AppRiver 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 19 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 AppRiver.


14.2    If Customer believes that AppRiver has failed to meet its commitments under the Availability Warranty, Customer must contact AppRiver 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 AppRiver did not meet its warranty commitments, AppRiver’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 or calculated monthly fee.  The remedy set forth above shall be Customer’s sole and exclusive remedy for a breach of the Availability Warranty.


15. Warranty Disclaimers


EXCEPT AS OTHERWISE PROVIDED IN SECTION 14, THE SERVICE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APPRIVER DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICE WILL FIND AND CORRECTLY CATEGORIZE ALL SPAM OR MALWARE. APPRIVER 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.


16. Limitation of Liability


APPRIVER’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 APPRIVER 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 APPRIVER WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.


17. Customer Indemnification


Customer agrees to indemnify and hold AppRiver 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 AppRiver’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, AppRiver 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 AppRiver or its Service is not adversely affected by such control or settlement. AppRiver will have the right to approve any attorney selected by Customer to represent AppRiver. Notwithstanding the foregoing, in the event Customer fails to select a lawyer(s) to defend any such claim who is acceptable to AppRiver within a reasonable time under the then current circumstances, AppRiver may choose its own lawyer(s) and Customer will be responsible for paying the legal fees of such lawyer(s).


18. 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.


19. 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.


20. Privacy Policy


Customer agrees that AppRiver 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.


21. Choice of Law


This Agreement shall be governed by the laws of the State of Florida, 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.


22. 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 Santa Rosa County, Florida, and each party agrees that such party is subject to the jurisdiction of such courts.


23. 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 Privacy Policy, the Order Form, any Fee Schedule and the hours of telephone support availability set forth on the Website, constitute the complete agreement between Customer and AppRiver 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 AppRiver. 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.


June 2016