Violation of the Mail Hosting Services Terms and Conditions

MAIL HOSTING SERVICES TERMS AND CONDITIONS

 

In addition to the General Terms and Conditions, your use of the Mail Services is subject to the following additional terms and conditions:


1. ADDITIONAL DEFINED TERMS

  • Bulk Mail: Email messages of similar content sent to more than 250 recipients. Messages sent within the same domain or between your hosted domain(s) on the Pronetsys PayGo system are not considered Bulk Mail under this definition.

  • Effective Date: The date on which you submit a signed Agreement for Mail Services and we receive payment for the first month’s service.

  • Junk Mail: Email captured by our filters or reported by you to Pronetsys PayGo as undesirable.

  • Mail Service(s): Refers to Pronetsys PayGo Email, Microsoft Hosted Exchange, and/or other email services described in your Services Description, including Support. It does not include mail applications licensed by Pronetsys PayGo for use on dedicated or partially dedicated hosted systems.

  • Personally Identifiable Information (PII):

    • Includes sensitive combinations of data (e.g. name + SSN, account numbers, etc.).

    • Defined under various global standards including the Gramm-Leach-Bliley Act (US), HIPAA (US), Privacy Act 1988 (Australia), and GDPR (EU).

  • Support:

    • Management of Mail Services by trained Pronetsys PayGo personnel.

    • Available 24/7/365.


2. PRONETSYS PAYGO OBLIGATIONS

 

2.1 Administration

 

Pronetsys PayGo will provision the initial environment. Unless agreed otherwise in writing, you are responsible for ongoing administration (e.g. mailbox creation, spam filtering, adding services).

 

Custom transport rules may be applied at your request. You accept responsibility for their impact.

 

2.2 Service Level Agreement (SLA)

  • Uptime Guarantee: 100% availability in any given month, excluding maintenance.

  • Downtime: Defined as failure to send/receive mail due to Pronetsys PayGo systems. Internet or device failures are excluded.

  • Credits:

    • 5+ hours downtime: Credit equal to the monthly recurring fee × percentage of mailboxes affected.

    • Under 5 hours: Pro-rata of above.

    • Must be requested within 7 days via control panel.

 

2.3 Support

 

Only designated administrators or technical contacts will receive support unless explicitly agreed otherwise.


3. LIMITATIONS ON MAIL SERVICES

 

3.1 Filtering

 

Services include inbound/outbound filtering (e.g. spam, phishing, viruses, PII). Filtering may capture legitimate mail or miss threats.

 

3.2 Delivery Failures

 

Pronetsys PayGo is not responsible for failed delivery due to third-party filters.

 

3.3 Liability Waiver

 

You release Pronetsys PayGo and its affiliates from liability for delivery/filtering failures.

 

3.4 Storage

  • Messages exceeding quota or 50MB (including attachments) may be lost.

  • You are responsible for managing mailbox storage and retention features.

 

3.5 Backups

  • Exchange 2007: Snapshot-based.

  • Exchange 2010/2013: Exchange Native Protection.

  • Backup retrieval is time-limited and fee-based.

 

3.6 Bulk Mail

 

Bulk sending requires prior approval and may only be done through approved services.

  • Limits: No more than 250 similar messages via SMTP.

  • Violations may result in blocking, suspension, or termination.

 

3.7 Unsolicited Mail

 

You may not send email to individuals with whom you lack a prior relationship unless their email address was provided publicly with implied consent.

 

3.8 System Abuse

  • No Shared Mailboxes: Only one user per mailbox at a time.

  • Automated Use: Allowed only if not disruptive. No support provided.


4. CUSTOMER SECURITY OBLIGATIONS

 

You must:

  • Use virus protection and firewalls.

  • Encrypt all PII stored on or transmitted through Pronetsys PayGo systems.


5. ADDITIONAL SERVICES TERMS

 

5.1 Migration Services

 

Migration costs are estimates; charges are based on actual data. You must back up all data. Pronetsys PayGo is not liable for data loss.

 

5.2 Domain Name Services

 

Pronetsys PayGo submits domain-related requests on your behalf. You remain responsible for registrar responses and previous providers.

 

5.3 Records Retrieval

  • Self-service (14 days retention) via control panel (for Mail and Exchange 2013/2010).

  • Fee-based recovery (for Exchange 2007).

  • Retrieval requests must be made in writing before termination.

 

5.4 Archiving and Retention

 

Archiving begins only after setup. Archived data will be deleted on termination unless other arrangements are made.

 

5.5 DVD/CD Backups

 

Data stored unencrypted. Pronetsys PayGo is not liable for breach during shipment.

 

5.6 Compliance

 

It is your responsibility to comply with legal or regulatory requirements.


6. WIRELESS SERVICES

 

Wireless components (e.g. BlackBerry™) are governed by additional terms. Support is limited to general IT assistance.


7. TERM

 

The initial term begins on the Effective Date. The Agreement auto-renews monthly unless either party gives 30 days’ notice.


8. TERMINATION FOR CONVENIENCE

  • Client: 30 days’ written notice.

  • Pronetsys PayGo: 120 days’ written notice.

  • Any prepaid fees beyond the committed term will be refunded.


9. FEES

  • Billed in advance (recurring) or in arrears (non-recurring).

  • Due within 5 days of invoice date.

  • Late fees, suspension, reinstatement fees, and legal recovery costs may apply.

  • Pronetsys PayGo reserves the right to increase fees with 45 days’ notice.


10. SUSPENSION, TERMINATION & INDEMNITY

 

Mail Services may be suspended or terminated immediately for:

  • AUP violations

  • Being blacklisted

  • Excessive complaints

 

You indemnify Pronetsys PayGo for third-party claims unless caused by our negligence.


11. PRIVACY

 

11.1 Message Data

 

Includes message content and routing data.

 

11.2 Content Privacy

 

We do not access your email content except:

  • For support or troubleshooting

  • For compliance verification (e.g. Bulk Mail policy)

  • For improving our spam filter

 

No ads will be targeted based on your message content.

 

11.3 Mailbox Access

 

Pronetsys PayGo staff may log into mailboxes strictly for:

  • Investigating delivery issues

  • Assisting setup/configuration

  • Troubleshooting

  • Restoring deleted mail

 

Third-party vendors are subject to equivalent confidentiality obligations.

 

11.4 Usage Data

 

Usage metrics (e.g. SMTP/IMAP usage) may be collected and disclosed in anonymised form.


12. IP ADDRESSES

 

Upon termination, you must stop using assigned IPs and update DNS settings.


13. RESALE

 

Resale of services is prohibited without prior written consent and subject to a Reseller Addendum.


14. UNSUPPORTED SERVICES

 

“Unsupported” or “non-standard” configurations are used at your risk. No SLA or warranty applies.


15. HIPAA

 

If applicable, the HIPAA Business Associate Addendum at [Pronetsys PayGo HIPAA Addendum URL] is incorporated into this Agreement.


16. API CODE SUPPORT

 

Use of API support is subject to additional terms published at [Pronetsys PayGo API Support URL].


17. COUNTRY-SPECIFIC TERMS

 

Services are provided from US data centres. Additional rights and responsibilities may apply for services rendered from Australia under Australian Consumer Law.

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