Terms of Service

This Black Fish Networks LLC Email Terms of Service agreement ("Agreement") is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Customer’s use of the Black Fish Networks LLC Email powered by eGroupware and/or Microsoft Exchange Server and/or Hermes Secure Email Gateway (“Services”) delivered by Black Fish Networks LLC.

Whereas, Customer seeks to utilize Black Fish Networks LLC’s Services for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Black Fish Networks LLC can make no guarantee that any given reader shall be able to access Black Fish Networks LLC’s Services at any given time.

Black Fish Networks LLC represents that it shall make every good faith effort to ensure that its Service is available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

GENERAL USE STATEMENTS

Account Start-Up

Customer expressly understands that the Services require to be linked to a domain name to be operational. By purchasing Services Customer implies that the associated domain name belongs to Customer or Customer possesses the domain access rights.

Usage Limitations and Account Provisions

Customer acknowledges that Black Fish Networks LLC may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to Customer on Black Fish Networks LLC servers. Customer agrees that Black Fish Networks LLC is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. Customer further acknowledges that Black Fish Networks LLC retains the right to change these general including but not limited practices and limits at any time in accordance with the ‘Modification Terms’ section of this Agreement below.

Each of Customer’s email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.

Depending on the time of service Customer’s account is limited in the outgoing emails to 500 emails per hour. We may decrease this limit, at Our sole discretion, if Customer’s account confidence should be confirmed. The following limits apply to additional services: Maximum number of calendar appointments 1,000; maximum number of tasks 1,000; maximum number of contacts in address book 1,000; maximum number of files in drive 10,000; maximum number of personal information manager attachments (i.e. tasks, appointments, etc.) 1,000.

Storage and Security

Customer is responsible for security of Customer’s password. Black Fish Networks LLC will not change passwords to any account without proof of identification, which is satisfactory to Black Fish Networks LLC, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that Black Fish Networks LLC will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Black Fish Networks LLC be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. Customer agrees to defend (through counsel of Our choosing), indemnify and hold harmless Black Fish Networks LLC from any and all claims arising from such ownership disputes. If Customer is required to supply or transmit sensitive information to Black Fish Networks LLC Customer should take all due precautions to provide any sensitive information over a secure communication channel.

At all times, Customer shall bear full risk of loss and damage to Customer’s email account and all of Customer’s content. Customer is entirely responsible for maintaining the confidentiality of Customer’s Account access credentials (including but not limited to Customer’s customer username/login, support pin code, password) and account information. Customer acknowledges and agree that Customer is solely responsible for all acts, omissions and use under and charges incurred with Customer’s account or password or in connection with the server or any of Customer’s content transmitted through or stored on the server. Customer shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Customer’s content; (ii) ensure the security, confidentiality and integrity of Customer’s email content transmitted through or stored on Black Fish Networks LLC servers; and (iii) ensure the confidentiality of Customer’s password. Black Fish Networks LLC shall have no liability to Customer or any other person for Customer’s use of Black Fish Networks LLC products and/or services in violation of these terms.

Content

Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted to Customer or by Customer through the Services, are the sole responsibility of the person from whom such Content originated. This means that Customer is entirely responsible for all Content Customer uploads, emails, transmits or otherwise makes available via the Services.

Black Fish Networks LLC shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. Customer understands that by using the Services, Customer may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Black Fish Networks LLC be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. Black Fish Networks LLC has no obligation to monitor the content transmitted via the Services.

Backups

Black Fish Networks LLC servers of Service are backed up on a regular basis. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Customer’s responsibility to maintain local copies of Customer’s account content and information. If loss of data occurs due to an error of Black Fish Networks LLC, We will attempt to recover the data for no charge. If data loss occurs due to Customer’s negligence in securing Customer’s account or by any other Customer’s action, Black Fish Networks LLC may attempt to recover the data from the most recent archive for a $15.00 fee.

USER OBLIGATIONS AND PREVENTATIVE MEASURES

By using the Services Customer acknowledges Customer is bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of “Netiquette”. We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this Black Fish Networks LLC Email Hosting Terms of Service agreement, along with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient method of communicating and conducting business.

Prohibited Activities

By using any Services, provided by Black Fish Networks LLC Customer agrees not to misuse the Services. For example, Customer must not and must not attempt to:

  • violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • make, attempt or allow any unauthorized access to Black Fish Networks LLC web site, servers, Customer’s own account or the account of any other customers of Black Fish Networks LLC.
  • cause denial of service attacks, port scans or other endangering and invasive procedures against Black Fish Networks LLC servers and facilities or the servers and facilities of other network hosts or Internet users.
  • upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • engage in or to instigate actions that cause harm to Black Fish Networks LLC or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Black Fish Networks LLC reserves the right to refuse service to anyone upon Our discretion. Any material that in Black Fish Networks LLC judgment is either obscene or threatening is strictly prohibited and will be removed from Black Fish Networks LLC servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. Customer agrees that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, Black Fish Networks LLC will take corrective action upon Our own discretion and will notify Customer. Our decision in such case is binding and final, and cannot be a subject of a further change. Black Fish Networks LLC cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Black Fish Networks LLC or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless Customer has taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. Black Fish Networks LLC will not be liable for any loss or damages in such cases.
  • violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
  • publish anything that is fraudulent, misleading, or infringes another’s rights;
  • promote or advertise products or services other than Customer’s own without appropriate authorization;
  • impersonate or misrepresent Customer’s affiliation with any person or entity;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the privacy of others, or to defame others.

Normal operation and provision of the Services does not imply Black Fish Networks LLC interfering or monitoring of the content associated with the Services, but Customer acknowledges that Black Fish Networks LLC has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by Black Fish Networks LLC, in its sole discretion, to be otherwise objectionable.

Anti-Spam Policy

Customer must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. Customer is prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from Customer will be considered as unsolicited email messages. Customer using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Black Fish Networks LLC. In the event that Customer cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Black Fish Networks LLC prohibits the following activities listed without limitation hereunder:

  • Usage of the Black Fish Networks LLC network and systems to receive replies to unsolicited mass e-mail messages.
  • Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
  • Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • Forgery of e-mail headers (i.e. “spoofing”).
  • Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
  • Engagement in spamvertising or provision of any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities prohibited by this Agreement.

If We determine any facts constituting that Customer has deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Customer’s account and/or assess a $500 charge upon Customer’s account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. Customer agrees that in the event We determine that Customer has deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Customer’s account, in accordance with the payment information submitted by Customer as part of Customer’s acquisition of Our Services. Customer further agrees that in the event We determine that Customer has deliberately or recklessly engaged in SPAM activity We may share information regarding Customer’s activities, including but not limited to Customer’s identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.

PAYMENT TERMS

Payment Cycle

Customer’s billing date will be determined based on the day Customer purchased the Services and the payment cycle plan. If Customer selected the automatic renewal option when signing up, Black Fish Networks LLC will automatically renew Customer’s Services when they come up for renewal and will take payment in accordance with the designated payment method at then current Black Fish Networks LLC rates.

Renewal Terms

All fees for the Services shall be in accordance with Black Fish Networks LLC fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Customer’s email account lock and, as a result, access to the Services will be limited.

Failed Renewal Fees and Service Restoration

If the outstanding balance is not paid by Customer within 30 days after the billing date of Customer’s Service Black Fish Networks LLC reserves the right to terminate Customer’s Service with automatic deletion of Customer’s account content. In order to reactivate the Service the outstanding balance is to be remitted in full. There will be a $15.00 fee to reinstate accounts that have passed grace or redemption periods or been terminated.

Black Fish Networks LLC shall guarantee that the reinstated account data will be uncorrupted or reflect the latest changes as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.

For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by Customer.

If Customer improperly charges back for the Services rendered, We may disable the ability to transfer any other Customer’s Black Fish Networks LLC services away from Black Fish Networks LLC.

CANCELLATION AND REFUND TERMS

Termination Policy

The initial term of Customer’s Agreement with Black Fish Networks LLC shall be as set forth in Customer’s Order Form or invoice. The Initial Term shall begin upon commencement of the Services in the Order Form or invoice. After the Initial Term, if Customer selected the automatic renewal option when signing up, Customer’s agreement with Black Fish Networks LLC shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.
This Agreement may be terminated: (i) by Customer by submitting a cancellation request via the e-mail at least three (3) working days before the Service is due to renew; or (ii) by Black Fish Networks LLC at any time, without prior notice and all payments forfeited, if, in Our judgment, Customer is in violation of any terms or conditions herein; or (iii) in Our sole judgment, Customer’s use of the Services places or is likely to place unreasonable demands upon Black Fish Networks LLC or could disrupt Black Fish Networks LLC business operations; or (iv) by Black Fish Networks LLC if it so determines that Customer is or is alleged to be violating the terms and conditions of any other agreement entered into by Customer and Black Fish Networks LLC.

In the event of termination or suspension of Services under the above circumstances, Customer agrees (a) that no prepaid fees will be refunded to Customer.

In the event of termination of this Agreement caused by Customer’s default hereunder, Customer shall bear all costs of termination, including any reasonable costs Black Fish Networks LLC incurs in closing Customer’s account. Customer agrees to pay any and all costs incurred by Black Fish Networks LLC in enforcing Customer’s compliance with this Section. Upon termination, Customer shall destroy any copy of the materials licensed to Customer hereunder and referenced herein. Customer agrees that upon termination or discontinuance for any reason, Black Fish Networks LLC may delete all information related to Customer on the Services.

Refund Policy

The refund provisions are not applicable to purchases of the Services due to the free trial periods. Free trial subscriptions are granted for the period specified in Customer’s subscription plan specification.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other Black Fish Networks LLC policy documents including, but not limited to:

Acceptable Use Policy

Customer also agrees to abide by all applicable Terms set forth by all Black Fish Networks LLC partners and subsidiaries.

MODIFICATION TERMS

Black Fish Networks LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. Customer agrees to be bound by any changes Black Fish Networks LLC may reasonably make to this Agreement when such changes are made. If Customer has purchased Services from Black Fish Networks LLC, the terms and conditions of this Agreement shall continue in full force and effect as long as Customer takes advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, Customer agrees to abide by and be bound by any such revisions or changes. Customer agrees that Black Fish Networks LLC shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Services.