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Email Hosting Terms

Your Mail Service will be available 100% of the time in a given calendar month, excluding maintenance.

Your Mail Service shall be deemed available for the purposes of this SLA unless you are unable to send or receive mail as a result of a failure of your Mail Service (“Downtime”). Downtime does not exist if you are unable to send or receive mail as a result of a failure outside of our reasonable control, such as your connection to the Internet or your systems. Thexyz will perform maintenance on the Mail Services on a regularly scheduled basis within its published maintenance windows, which will be announced on our system status page (https://www.thexyz.com). Thexyz may also perform unscheduled emergency maintenance if needed to address new security threats or other non-routine events. Delays that may occur while the Mail Service makes planned transitions between redundant system elements is considered maintenance. If Thexyz expects any maintenance to take more than 20 minutes, it will make reasonable efforts to post an announcement on the system status page at least 7 days in advance of the maintenance, but we do not guarantee such notice. Delivery delays are considered downtime while mail is not being processed

Thexyz provides certain services designed to filter unwanted incomingemail, such as spam, phishing scams, and email infected with virusesanddesigned to filteroutgoing email, such as email containing certainPersonal Data(the “Filtering System”).

You acknowledge that the technological limitations of such filtering services will likely result in the capture of some legitimate email, and the failure to capture someunwanted email, including email infected with viruses or containing Sensitive Data. Email that is quarantined by the Filtering System is excluded from the SLA.

Thexyz will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.

You hereby release Thexyz and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of the Filtering System to capture unwanted email or from the capture of legitimate email; or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.

Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjustthe storage capacity of individual mailboxes as needed. Enabling features of your Mail Services designed to prevent deletion of emails may cause you to consume increased storage capacity, may incur additional storage fees, and may fail if you do not have adequate storage capacity. An individual email message that exceeds the per-message size limit of 50MB (including attachments) may also be permanently lost

You acknowledge that the Mail Services are not designed for sending and receiving a high volume of email messages. Thexyz may limit the number of email messages that a customer may send and receive and the number ofrecipients per email message sent over a given time period, as determined by Thexyz in its reasonable discretion. Thexyz reserves the right to make changes to such limits atany time without prior notice to you. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the Agreement.

 

Sending Limit: 10,000 recipients/day

 

Daily limits are applied over a rolling 24-hour period and restrict the total number of recipients to which a user can send messages in this period.

Users are limited to 10,000 total recipients per 24-hour period. Counting recipients is different than counting messages. For example, sending 100 emails that each have 100 recipients is counted the same as sending 10,000 emails that each have a single recipient.

 

Receiving limit: 400 messages/10 minutes

 

The mail platform limits the rate at which a mailbox can receive messages. The purpose of the receiving limit is to control the rate at which a user is receiving mail. This helps to ensure a positive user experience when accessing, reading, and sending email. It also protects all users from a degraded experience due to a small number of users utilizing the majority of resources.

If a mailbox receives over 400 messages in a 10-minute period, any additional messages in that period will be deferred. Email senders will typically retry a deferred message at least once, possibly resulting in the message still being delivered after a short delay.

Mailboxes designated to receive high-volume automated email have an increased potential of being impacted by this limit. For example, mailboxes set to receive from devices or programs that send diagnostic information via email, and systems which generate high volumes of email from services like CRMs and support ticketing systems.

You may not send email to anyone with whom you do not have a pre-existing relationship unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive email.

You may not use the Mail Services in a way that creates technical disturbances for other customers or for Thexyz systems generally.

For Thexyz Webmail, you will be able to recover deleted messages yourself via the webmail interface for up to 14 days from the day deleted. You will also be able to recover deleted mailboxes yourself via the administrative control panel for up to 14 days from the day deleted. For Microsoft Exchange 2016, 2013 and 2010 you will be able to recover deleted messages yourself via Outlook or Outlook Web App for up to 14 days fromthe day deleted. For Microsoft Exchange 2007, you will not be able to recover your deleted mail.You are responsible for retrieving or backing up any mail data prior to your termination of the Services or deletion of a mailbox.

Archiving and email retention services will capture only the email that you send or receive after the date that the archiving or email retention services are implemented. Upon termination of your account for Mail Services, or your archiving or email retention service, we will destroy your archived data unless you have made other arrangements with us. In-Place Hold as a means to store mail from multiple users or entities is prohibited.

Certain features at Thexyz are designed to help you comply with various legal and regulatory requirements that may be applicable to you. You are responsible for understanding the legal and regulatory requirements applicable to your business and for using the Services in a manner that complies with such requirements.

If you purchase Thexyz MobileSync, your subscription includes access to the Cloud Drive & Documents & Spreadsheets functionality (collectively “Cloud Drive”). To enable Cloud Drive file synchronization to your desktop, you will be required to download and install a local software agent which is subject to an additional End UserLicense Agreement (the “Cloud Drive EULA”). Your right to use Cloud Drive is subject to, and contingent on your compliance with, the Cloud Drive EULA. Data selected for synchronization using the Cloud Drive agent will be mirrored to a datacenter operated by Thexyz (the “Target Site”). If you terminate the Services or remove the data from the local instance of Cloud Drive, the data will be removed from the Target Site. Thexyz may be unable to retrieve any data stored at the Target Site following termination of this Agreement, the MobileSync Services, or your removal of data from your local instance of Cloud Drive. Cloud Drive data mirrored to the Target Site will be encrypted by Thexyz at rest. Large datasets may not properly synchronize or mirror to the Target Site with Cloud Drive,and Thexyz may implement maximum sync size restrictions without prior notice asreasonably required to maintain the Cloud Drive functionality. Syncing will stop when your allocated storage limit has been reached. Your storage limit will be described in your Order, and new storage is not automatically provisioned when you reach your storage limit. Your storage limit includes your data as well as overhead space required for the Cloud Drive functionality (such as a trash folder and version history functionality).While you may useCloud Drive as a backup service, you agree that you will maintain at least one additional current copy of the data stored in Cloud Drive other than at the Target Site, and understand that you are responsible for testing and monitoring the integrity of data stored at the Target Site using Cloud Drive. We warrant that the Cloud Drive Services will conform to the documentation we provide either online or with the software. Your sole and exclusiveremedy for our breach of this warranty will be a refund of the fees for the Email Services for the billing period during which you notified us of your warranty claim.

We may suspend your Mail Services or terminate the Agreement immediately and without notice if: (i)we reasonably believe that you ruse your Mail Serviceis being used in violation of the Agreement;(ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;(iii) your Mail Service email address or related IP addresses are blacklisted by any third party, or Thexyz is retaliated against as a result of your email, regardless of whether you are in breach of the AUP or other part of the Agreement,or are otherwise at fault;(iv) we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwiseat fault;(v) there is an attack on your Mail Serviceor your Mail Service is accessed or manipulated by a third party without your consent, or there is another event for which we reasonably believe that the suspension of Mail Services is necessary to protect Thexyz network or our other customers; or (vi) we are required by law, or a regulatory orgovernment body to suspend your Mail Services. Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary.Your indemnity obligations under the Agreement shall, in addition to the other grounds stated, apply to any third party claim arising from your use of the Mail Service.

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