License & Terms

PoliteMail Software License and Terms of Service



Acceptable Use Policy



How You May Use the Software and Services


You may use the Service only for your internal business purposes.  All rights not expressly granted to You under signed Agreement are reserved by PoliteMail.  Unless applicable law gives You more rights despite this limitation, You may use the Service only as expressly permitted in this Agreement.

In using the Service, You will:
  • Comply with all laws,
  • Comply with any email codes of conduct or other notices provided to you, by PoliteMail or your Employer
  • Comply with the PoliteMail No Spam Policy as detailed in this Agreement,
  • Keep your registration keys and passwords secured and secret, and
  • Promptly notify us if You learn of a security breach or unauthorized access related to our Software or Services.

How You May Not Use our Software and Services


You agree NOT to use or allow access Services to:
  • Engage in, facilitate, or further unlawful conduct, or violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.
  • Use the Service in any way that harms other PoliteMail users, PoliteMail or its affiliates;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Resell or redistribute the Software and Services, or any part of the Software and Services, unless You have a contract with PoliteMail that permits You to do so;
  • Create or maintain download or distribution services created for the purpose of mass distribution of content (such as images, music, software or other electronic files). A distribution service is defined as 50% or more of your total bandwidth (data transfer) being used for content downloads.
  • Damage, disable, overburden or impair the Software and Services (or the networks connected to the Service) or interfere with anyone’s use and enjoyment of the Software and Services;
  • Create or maintain pages which generate system errors or exceptions that disrupt servers´ performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by our Agreement terms.
  • Create or maintain pages or content that consumes 35% or more of CPU capacity or use over 250MB of memory (physical and virtual combined) on any of our Cloud Services.
  • Exceed allowed bandwidth by transferring amounts of data greater than allowed by your Agreement terms.
  • Use any unauthorized automated process or service to access and/or use the Softare and Services (such as a BOT, a spider, periodic caching of information stored by PoliteMail or “meta-searching”). However, access to the Software and Service through an authorized PoliteMail API license is permitted;
  • Employ misleading email addresses or falsify information in any part of any communication. And furthermore agree NOT to upload, transmit, disseminate, post, store or post links to any content that:
    • Is prohibited from transmitting or posting by law, or by contractual or fiduciary relationship;
    • Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
    • Falsifies origin by forging TCP/IP packet headers, email headers, or any part of a message header, unauthorized monitoring of data or traffic;
    • Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host server either deliberately or by negligence;
    • Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party;
    • Is or may be considered unsolicited or unauthorized advertising, any junk mail, spam, make money fast schemes, chain letters, pyramid schemes, or any other form of unsolicited commercial email;
    • Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • Is unlawful, harmful, threatening, abusive, harassing, tortuous, unlawful, libelous, defamatory, vulgar, obscene, or invasive of privacy;
    • Is of adult nature, pornographic, or harmful to minors;
    • Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services including use of credit card numbers.
    • Exploits the images of children or discloses personally identifiable information belonging to children.
  • Modify, create derivative works from, reverse engineer, decompile or disassemble or otherwise attempt to discover any trade secret contained in the Software and Services, or in any technology or system used by PoliteMail in connection with providing the Software and Services, except and only to the extent that applicable law expressly permits You to do so despite this limitation;
  • Create Internet "links" to the Software and Services or "frame" or "mirror" any content or data of the Software and Services to give the impression that You are offering all of the functionality of the Software and Services as your own service located on your own servers;
  • Build a product or service using similar ideas, features, functions or graphics contained within the Software and Services;
  • Copy any ideas, features, functions or graphics of the Software and Services; or
  • Access the Software and/or Services for purposes of monitoring its availability, performance or functionality, for any competitive purposes.


NO SPAM POLICY



You are responsible for any email You send using the Software and/or Services, and for any lists of email addresses (mailing lists) You create, import or maintain using the Software and Services. You are responsible for any spam or abuse complaints and consequences arising from use of the Software and/or Services. Upon discovery or notification of any abuses, PoliteMail will investigate and may, without prior notice to You, disable Your Services in order to protect the security, integrity and usability of any PoliteMail servers, systems or networks hosting our Services.

PoliteMail expressly prohibits the sending of spam through its Software or Services. If You believe that You have received spam from aPoliteMail user, please send a complaint signed with Your name and contact information, and attach the message email You received (which, unlike forwarding, includes the complete email headers) to abuse@politemail.com. PoliteMail does not investigate or take action based on anonymous spam complaints.

Mailing lists may not be used for purposes or in manners that are harassing, abusive, illegal, and/or will create liability for You, PoliteMail or third parties. Other prohibited email activities include: Mail bombing (sending an unreasonably large number of email messages to a single system, person or email address); Mail harassment (sending email in a manner or with content that is perceived as threatening or harassing by the intended or actual recipient); or Letter bombing (sending email with content that will or could potentially harm the recipient´s computer).

The following is a list of minimum requirements for the permitted use of the Software and Servies for commercial email (an advertisement or solicitation), including email to individuals, distribution groups or mailing lists. These are guidelines to minimize the probability of complaints. However, You will still be responsible for any complaints received in relation to use despite having implemented all these requirements.
  • For email to US citizens, compliance with the U.S. CAN-SPAM Act as well as any state specific laws regarding commercial email as they apply to the geographic location of the sender and recipient of the email.
  • For email to Canadian citizens, compliance with Canada's. CASL as well as any province specific laws regarding commercial email as they apply to the geographic location of the sender and recipient of the email.
  • For email to European citizens, compliance with the EU Data Directive as well as any country specific laws regarding personal data privacy and/or commercial email as they apply to the geographic location of the sender and recipient of the email.
  • For email to any other jurisdictions worldwide, you shall comply with that jurisdiction's current anti-spam legislation
  • Your email's "From," "To," and routing information—including the originating domain name and email address—must be accurate and identify the person who initiated the email (or whom has authorized you to do so on their behalf), and must be an active, valid email box that can be replied to.
  • The subject line cannot mislead the recipient about the contents or subject matter of the message.
  • When sending commercial email, must utilize the opt-out compliance mechanisms provided by the Software and Services which allows a recipient to ask You not to send future email messages to that email address, and includes your physical mailing address.
  • When sending commercial email, your message must contain clear and conspicuous notice that the message is commercial in nature.
  • When You receive an unsubscribe, opt-out, or other notice to be removed from commercial mailings from You, you must honor such requests and the email address must be removed from Your list prior to any subsequent mailing to that email address. You cannot help another entity send email to that address, or have another entity send email on Your behalf to that address. You many not sell, rent or otherwise transfer the email addresses of people who choose not to receive Your email, even in the form of a mailing list, except where such transfer is to help another entity comply with the law.

If You use the Software or Services to collect email addresses from Your web pages, You must:

  • Require a non-passive opt-in action to input their information, and provide conspicuous terms of intended use (including subject matter, anticipated mailings and frequency, and if you will sharing/trading/selling their address with any third parties) posted or linked near the email collection point and available to the list member after sign up.
  • The opt-out compliance footer provided by the Software and Services must be enabled and present in all subsequent messages, including the any invitation, welcome or confirmation email message.

PoliteMail processes reports of spam complaints in the manner described below.

A complaint is defined as either of the following:
  1. PoliteMail´s receipt of any complaints (abuse@politemail.com) or any third party (ISP) notices of spam compliant activity as a result of email sent from our Software or Services which violates this PoliteMail´s No Spam Policy;
    or
  2. Any of mail servers with PoliteMail's control (and domain’s or IP addresses thereof) become blacklisted as a result of email you sent from the Software or Services that violates PoliteMail´s No Spam Policy.

If the email activity associated with Your PoliteMail Account poses an immediate threat to PoliteMail´s servers or network or otherwise impacts our ability to provide Software or Services to other customers, PoliteMail reserves the right to immediately disable any Software and Services provided to you, and shall serve notice to You via email.

An immediate threat includes:
  • PoliteMail´s receipt of multiple (> 2) spam complaints from recipient’s of Your email within a 72-hour period; or
  • Any of PoliteMail’s servers (domains or IP addresses thereof) becoming blacklisted (e.g. listed in the SpamHaus or SpamCop anti-SPAM databases) as a result of email sent from You using the Software or Services.

PoliteMail will follow the steps outlined below for complaints:
  • First Spam complaint event—PoliteMail sends a "1st complaint notice" message to the primary Account contact email address for Your Account.
  • Second SPAM compliant event—PoliteMail immediately and permanently disables the Services for the Account and sends notice to Your primary Account contact of termination for cause.
  • Blacklisting event—PoliteMail will charge a fee of $500 per blacklisting event for our costs associated with removing any blacklisting and may elect to serve first notice or termination notice, depending upon the degree of the infraction.


PoliteMail for Outlook License

End User Client Software License Agreement

Summary This software is licensed on a per-seat, named user basis.

One user may send from any number of email addresses, and may install on more than one more computer for non-simultaneous use.

The end-user software installs as an add-in to Microsoft Outlook for Windows (Microsoft Office for Windows 2013, 2010 or 2007 required) and provides access to the PoliteMail Server (provided by license or as a cloud service).

License

All Software is provided on a leased license arrangement, meaning the right to run the product is non-perpetual and continues only during the Term. PoliteMail grants to Customer a limited, non-exclusive, worldwide, royalty-free, transferable license to reproduce the Software as necessary to install, execute, access and use PoliteMail’s proprietary Software and any related Services and Documentation solely for Customer’s own internal business purposes. Customer may make a reasonable number of copies for back-up purposes.

End-user Software installs as an add-in to Microsoft Office for Windows and provides access to the PoliteMail Server and is licensed on a per-seat (per individual end-user) basis.

An authorized user is an individual named user, identified by a unique email address and password key. One user may send from any number of email addresses, provided they can send from such email addresses within Outlook. In the case where multiple individuals share one email address, and each uses the software, then each individual is considered a separate user and requires a license.

If virtualization software is used to create one or more virtual computers on a single computer hardware system, each individual person who is a user of such virtual computer is considered a separate user and requires a license. A user may remotely access and use software from any other device, provided the software is not being used simultaneously by any other user simultaneously. As an exception, you may allow others to access the software simultaneously to provide you with technical support.

The licensee may install and use the Software on more than one device (e.g. desktop and laptop) for their own use in the regular course of business (use by the same user). The licensee is fully responsible for the security, confidentiality, activities and use of the Software access via their email address and license key/password.

Administrative users have the ability to assign and reassign end-user licenses, and to reset password keys (and may enable end-users to reset their own key using a 12 character strong password format). When a license is reassigned, the original user must uninstall and remove the Software and is no longer authorized to access the PoliteMail Server.

Software Maintenance

PoliteMail shall provide Customer with Software Maintenance including Software updates and upgrades in function and technology as well as bug/defect fixes to maintain the operability and usability of the Software. PoliteMail will notify Customer in the event they publish a new update or upgrade, within 30 days of publication or when made generally available to other customers. Software Maintenance does not typically require additional Services, and does not include Services such as installation assistance, configuration assistance, user training or Services requested by Customer to support any update or upgrade.

PoliteMail reserves the right to discontinue Software Maintenance for any version of the Software, if PoliteMail generally discontinues such Software Maintenance to all other licensees of the applicable Software version, and has made available to Customer a version of the Software that is being supported. PoliteMail will provide six (6) months’ notice on the occurrence of such discontinuance.

All revisions will be compatible with current and future Microsoft products used in connection with the Software and will be provided by PoliteMail to Customer within 45 days of Microsoft’s release of the relevant product.

PoliteMail Server License Terms

Server Software License Agreement

Summary PoliteMail Server is licensed on a per server (dedicated or virtual), per core (dedicated or virtual) basis, for number of unique email recipients.

The Server License required is based upon the server infrastructure deployed AND the total number of recipients.

Software License

All Software is provided on a leased license arrangement, meaning the right to run the product is non-perpetual and continues only during the Term. PoliteMail grants to Customer a limited, non-exclusive, worldwide, royalty-free, transferable license to reproduce the Software as necessary to install, execute, access and use PoliteMail’s proprietary Software and any related Services and Documentation solely for Customer’s own internal business purposes. Customer may make a reasonable number of copies for back-up purposes.

PoliteMail Server Software is licensed on a per-server (dedicated or Virtual Machine), per-core basis (dedicated or virtual) for a number of unique email recipients.

If virtualization software is used to create one or more virtual servers on a single server hardware system, each virtual server is considered a separate server and requires a license for the number of virtual cores assigned to such server.

You may run, at any one time, one instance of the server Software in a physical or virtual operating system, on a server running the number of cores supported by the license.

Dual or multi-server licenses are required to run multiple simultaneous instances of the Software in load-balanced environments, on servers running the total number of cores supported by the license.

Additional copies may be installed and operated within a test (pre-production) environment and for back-up and/or cold fail-over purposes only.

The software may be used to send to and/or track the number of recipients (DL) the server is licensed for, and if additional use of the server is made, additional license fees shall be required.

An additional API license is required to utilize the application programming interface functionality of the PoliteMail Server Software.

Software Maintenance

PoliteMail shall provide Customer with Software Maintenance including Software updates and upgrades in function and technology as well as bug/defect fixes to maintain the operability and usability of the Software. PoliteMail will notify Customer in the event they publish a new update or upgrade, within 30 days of publication or when made generally available to other customers. Software Maintenance does not typically require additional Services, and does not include Services such as installation assistance, configuration assistance, user training or Services requested by Customer to support any update or upgrade.

PoliteMail reserves the right to discontinue Software Maintenance for any version of the Software, if PoliteMail generally discontinues such Software Maintenance to all other licensees of the applicable Software version, and has made available to Customer a version of the Software that is being supported. PoliteMail will provide six (6) months’ notice on the occurrence of such discontinuance.

All revisions will be compatible with current and future Microsoft products used in connection with the Software and will be provided by PoliteMail to Customer within 45 days of Microsoft’s release of the relevant product.

General Terms & Conditions

Your company-specific Software License & Services Agreement shall override these standard terms

Export

Customer will not export or re-export the Software in violation of United States export laws and regulations.

Confidentiality, privacy and data protection.

Confidentiality
At all times during the Term, and for a period of three (3) years thereafter, both Parties will hold in the strictest confidence and will not disclose to any third party any Confidential Information received from the other party. Confidential Information means all non-public information including documents, data, reports, Software and other materials the receiving Party knows or has reason to know (either because such information is marked or otherwise identified by the disclosing Party as confidential or proprietary, has commercial value, or because it is not generally known in the relevant trade or industry) is confidential information of the disclosing Party and shall remain the sole property of the disclosing Party. The prohibitions contained in this Section shall not apply to information (a) already lawfully known to or independently developed by the receiving Party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party free of any restriction and without breach of this Agreement. Neither Party shall disclose to third Parties, other than its agents and representatives on a need-to-know basis, the terms of this Agreement nor any schedules or exhibits hereto without the prior written consent of the other Party, with the exception of either Party being entitled to disclose such terms to the extent required by a court order or other compulsory process, provided that disclosing Party has been given notice thereof an opportunity to waive its rights or to seek a protective order or other appropriate remedy. All confidential information shall be destroyed or returned within thirty (30) days upon the request of the disclosing Party and in the event of termination of this Agreement. In the event of a breach or threatened or attempted breach of the provisions of this Section, the disclosing Party may have no adequate remedy in money and damages and, accordingly, may seek an injunction against such breach.

b. Privacy and Personal Data Collection
All data collected from Customer, or collected by the Software as a result of Customer’s use (“Customer Data”) is Customer’s property and remains Customer’s property upon termination of this Agreement. PoliteMail shall not access or use Customer Data except to fulfill the obligations of this Agreement or as required by law. Personal Identifying Information (PII) means any information or data provided by Customer or collected from Customer in connection with this Agreement which identifies, may be used to identify, contact or locate a person to whom such information pertains, or from which identification of an individual person can be derived. PII includes but is not limited to: name, email address, IP address, or unique identifier. Any PII collected by the Software or accessed as part of performing the Services is limited to what is necessary to perform the Services or to fulfill any legal requirements. Features of the Software enable collection of PII about Customer’s email recipients through the use of standard tracking devices such as cookies, web beacons, and the collection of name, email address and related IP address information used to access such email. Providing notice of the collection and use of such data, including personally identifying information, is an important privacy disclosure. If not already existing, PoliteMail recommends Customer incorporate notice of such data collection within Customer’s own privacy statement or internal internet use policy. Please refer to the PoliteMail privacy policy at www.PoliteMail.com/privacy for information regarding how PoliteMail uses and collects information. Certain Data Protection Laws, meaning data protection and privacy laws, regulations, regulatory requirements and codes of practice in connection with data processing under this Agreement may apply to the use of the Software, including laws applicable in the country or countries where data is collected, held or processed, including the European Data Protection Directive 95/46/EC and the Privacy and Electronic Communications Directive 2002/58/EC. The Software provides tools and methods which collect and process data, and it is the solely the Customer’s responsibility to ensure the Software is used in compliance with any such Data Protection Laws in any jurisdiction. Customer is liable for and shall defend, indemnify and hold PoliteMail and their respective directors, officers, employees and contractors harmless from and against any and all claims and damages which result to the extent such claims arise out of or relate to Customer use or misuse of the Software with respect to a breach of any applicable Data Protection Law in any jurisdiction.

c. Data Protection and Security
PoliteMail shall implement commercially reasonable security procedures to protect PII and Customer Data from unauthorized use, access, disclosure, alteration, or destruction. Security measures include access controls, encryption, or other means, where appropriate. Only duly authorized PoliteMail personnel or contractors are permitted to access such Customer Data, and only to fulfill the obligations of this Agreement. Within 30 days upon termination of this Agreement, PoliteMail will permanently destroy all Customer Data, and/or permanently destroy all keys to encrypted Customer Data. PoliteMail shall immediately notify Customer of any known security breach that may result in the unauthorized use, access, disclosure, alteration, or destruction of Customer Data, or any legally binding request for disclosure of Customer Data by a law enforcement authority (and shall provide Customer an opportunity to waive its rights or to seek a protective order) unless otherwise prohibited to do so. To the extent credit card information, including cardholder's name, full account number, expiration date or security number, will be collected/handled as part of the Services, PoliteMail shall comply with the Payment Card Industry Data Security Standard (PCI DSS) requirements for cardholder data as prescribed by the PCI Security Standards Council “Cardholder Data” means any information imprinted on the front or back of a payment card.

Warranties

PoliteMail represents and warrants that (a) it has the right and power to grant the rights and licenses granted to Customer under this Agreement, (b) the Software, to the best of PoliteMail’s knowledge, does not infringe upon or violate any copyright, patent, trademark, trade secret or any other proprietary right of any third party, (c) the Software and each component thereof does not contain any viruses, Trojan horses or other harmful or disabling code, (d) the Software will conform to the specifications and Documentation (e) the Services will be performed in a professional and work man like manner solely by employees or agents of PoliteMail with the training and experience necessary to perform such Services, (f) the Services will be performed according to the Documentation, the SLAs attached hereto, and the professional standards of skill and care generally exercised by similar companies and applicable to the provision and performance of like services, and (g) PoliteMail will not participate in any bribes or kickbacks, and will comply with the U.S. Foreign Corruption Practices Act, all applicable anti-corruption and anti-money laundering laws, and all applicable federal, state, and local laws, regulations, and ordinances as they relate to this Agreement and the Software and Services provided hereunder, and (h) PoliteMail will not, in providing the Software or Services, violate the rights of any third party, including but not limited to the copying or disclosing of the intellectual property of any such third party.

PoliteMail warrants that the Software and any updates, upgrades or new versions will perform substantially in accordance with the accompanying Documentation which Customer receives or is otherwise provided with the Software. The limited warranty covers the Software for one year from the Effective Date of this Agreement and for so long as Support and Maintenance Services are provided under this Agreement (the “Warranty Period”). Customer’s sole remedy for a breach of this warranty will be for Customer to notify PoliteMail within the applicable Warranty Period describing the basis for the claimed warranty breach in reasonable detail. PoliteMail will have a reasonable period (“Software Warranty Cure Period”), not to exceed forty-five (45) days, to correct the breach, provided that PoliteMail begins taking steps to cure the breach within 10 days of receipt of notice and also notifies Customer of the steps taken. Customer agrees to cooperate in PoliteMail’s efforts to correct the breach. If PoliteMail is unable to correct the breach or does not correct the breach within such Software Warranty Cure Period, PoliteMail, at its option, will either provide Customer with Software that performs substantially in accordance with the Documentation or provide a prorated refund of the fees Customer has paid to PoliteMail for the Software. Upon payment of such refund, Customer will destroy the Software, this Agreement shall terminate, and Customer shall have no further obligation to make any payments.

The preceding warranty will not apply if: (i) the Customer has not installed or is running the more recently available publically released version of their licensed software, (ii) the Software is not used in accordance with the Documentation; (iii) the Software or any part thereof has been modified without the prior written consent of PoliteMail; or (iv) any breach regarding a problem with the Software cannot be recreated by PoliteMail on PoliteMail’s functioning equipment after at least three good faith attempts, or Customer can not recreate such on Customer’s equipment and show to PoliteMail via screen share.

DISCLAIMER
Except as set forth in this Section 9 (Warranties), the Software and Services are provided AS-IS AND WITH ALL FAULTS to the extent permitted by law. PoliteMail disclaims any and all other warranties, whether express or implied, including but not limited to warranties of merchantability, or fitness for a particular purpose, whether arising by a course of dealing, usage or trace practice or course of performance.

Limitation of Liability

Neither Party will be liable to the other for any consequential, special, exemplary, indirect, incidental, or punitive damages (including damages for loss of data, revenue, and/or profits), whether foreseeable or unforeseeable, arising out of this Agreement regardless of whether the liability is based on breach of contract, tort, strict liability, breach of warranties or otherwise, and even if the Party has been advised of the possibility of such damages, except for indemnification obligations, breaches of confidentiality, privacy or data protection under this Agreement, infringement of intellectual property rights, or damages due to bad faith, fraud and intentional misconduct. Except for indemnification obligations, breaches of confidentiality, privacy or data protection under this Agreement, infringement of intellectual property rights, or damages due to bad faith, fraud and intentional misconduct, the entire total aggregate liability of either Party shall be limited to the amount actually paid by Customer for the Software and Services in the 12-month period prior to the date the claim arose. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Indemnification

PoliteMail will indemnify, defend and hold harmless Customer, its affiliates, and their respective officers, directors, employees, successors and assigns (all referred to in this clause as “Customer”) from and against any losses, damages, claims, liabilities, fines, penalties and expenses (including attorneys’ fees) that arise out of or result from (a) a claim, suit or proceeding asserted against Customer that the Software or Services (or any Documentation relating thereto), or any related item, infringes, violates or misappropriates the intellectual property rights (including patent, copyright, trade secret, privacy right or other proprietary right) of any third party, or (b) assertions under Workers' Compensation or similar acts made by persons furnished by PoliteMail or (c) a claim, suit or proceeding for personal injury or property damage or any other claim arising out of the performance of the Software or the Services. PoliteMail agrees to pay any losses, damages, fines, penalties, expenses (including reasonable attorneys’ fees) that result from any and all such claims. At Customer’s request, PoliteMail shall defend or settle, at its own expense, any demand, action or suit on any claim for which it is indemnitor hereunder. If the Software or Services become subject to any third party intellectual property claim, PoliteMail may, at its sole option, and expense, either (a) substitute equivalent non-infringing software for the infringing item, (b) modify the infringing item so that it no longer infringes but remains functionally equivalent, (c) obtain for Customer the right to continue using such item, or (d) terminate the license granted herein and provide Customer a prorated refund.

Standard Service Level Agreement

In additional to the Standard Terms and Conditions, the following terms apply to the PoliteMail Cloud Services and Professional Services.

Cloud Services SLA

99.9% uptime guarantee

PoliteMail will provide the Cloud Services on a 24 x 7 x 365 basis with an uptime guarantee of 99.9%, excluding up to 120 Maintenance Window minutes per month. Maintenance Window occurs between 12am and 9am Eastern Time any day of the week.

Any non-scheduled or emergency maintenance which impacts the Cloud Services provided will be communicated to Customer immediately when identified by PoliteMail, with as much advance notification as possible.

If PoliteMail fails to meets its SLA target in a given month, Customer shall be entitled to credits equal to the percent downtime.

Technical Support Services SLA

All customer support is provided on a paid basis. PoliteMail will make Support and Maintenance Services available to Customer during the Agreement Term, however, Customer has no obligation to utilize or purchase Support Services.

PoliteMail provides Technical Support on a per Issue and/or hourly basis. PoliteMail will provide support for any reported issues according to the terms of this agreement. An Issue is defined as a single support inquiry focused on a specific question, problem, or operation of the product. Customer may purchase a package of Premium Technical Support Issues to cover such support Issues.

Support Hours

PoliteMail will provide operational support, integrity checking, and root cause analysis during standard business hours (9am-6pm ET, M-F).

Standard Support Issue

If an Issue can be resolved within three email responses from PoliteMail support staff, it shall be considered a Standard Support Issue. An unlimited number of Standard Support Issues are included with all purchased support packages. Standard issues are provided at no additional charge and no consumption of Priority Support Issues.

Priority Support Issue

Any issue which must be addressed via more than three email responses, or which requires telephone or online meeting engagement from PoliteMail support staff shall be considered a Priority Support Issue. If any Priority Support Issue takes longer than one hour of PoliteMail Technical Staff Time to Resolve, the issue will either consume additional Priority Support Issues for each additional hour or additional time billed to Customer at our standard technical hourly rate.

Emergency Support Issue

Upon Customer’s notice to PoliteMail requesting Emergency Priority support and response, PoliteMail shall make available, within 24-hours, all necessary resources (including a designated PoliteMail representative, email and telephone support) to assist Customer, where such support will be available to Customer until such issue is addressed or resolved. Such emergency support Services shall be provided at our standard hourly rate.

Issue Resolution

An Issue will be considered resolved when PoliteMail Support has accomplished any of the following: i) Provision of a reasonable solution or reasonable workaround to the Issue, ii) The Issue could not be replicated, or, upon restart or reinstall, the Issue is no longer occurring for the user, iii) Determine the Issue is the result of a conflict with another system beyond PoliteMail’s control, or iv) the Issue is mutually considered an enhancement or new feature request.

Unresolved Issues

If the Issue is mutually determined to be an operation which does not perform substantially in accordance with the Documentation (a bug), then PoliteMail will remedy the Issue in accordance with the terms of the Warranty, and no Priority Issue shall be consumed.

Issue Priority Levels

A priority level shall be assigned to any support issues reported to PoliteMail, and PoliteMail will respond according to the Priority level and response times in the table below, given the issue is reported during PoliteMail’s standard hours of operation, and if otherwise, shall begin upon the start date and time of the next PoliteMail operational period:

Priority Level 1 Initial Response with 1 hour of receipt of notice. Temporary resolution with 4 hours. Final Resolution with 3 business days.

Priority Level 2 Initial Response with 2 hours of receipt of notice. Temporary resolution with 48 hours. Final Resolution with 7 business days.

Priority Level 3 Initial Response with 4 hours of receipt of notice. Temporary resolution with 3 days. Final Resolution with 7 business days.



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