Download
our TOS in pdf format
This page contains the Terms of Service
under which you and your users (collectively,
"Client") may use the services
of Omnistar Webmail and its email sites
that are owned and operated by Omnistar
Interactive. ("Service Provider").
If you accept these Terms of Service,
you are indicating that you have read,
understand and agree to be bound by all
of the terms, conditions and policies
set forth herein, including any future
amendments (collectively, the "Agreement").
Description of Services
Service Provider will provide the Client
with a capability to send and receive
electronic mail ("email") through
the Web via the SMTP, POP3 and IMAP4 protocols
through a local email client on their
desktop and to access their mail via the
Internet and a Web browser ("Email
Services"). Service Provider acknowledges
that Client has selected a specific package
of Email Services and will provide only
those Email Services that Client has selected
to receive. Client acknowledges that extra
storage, customizable Webmail sites, and
other features may be available on an
upgrade basis. Service Provider is not
responsible for providing Client's access
to the Internet or paying for such services.
Service Provider is not responsible for
providing any equipment necessary for
Client to make a connection to the Internet,
including but not limited to computers
and modems.
If any information provided by the Client
is false or inaccurate, Service Provider
retains the right to terminate the Client's
right to use the Email Services.
Service Level Agreement ("SLA")
Service Provider guarantees that
the Email Services will be available 99.99%
of the time in a given month, excluding
scheduled maintenance. Uptime includes
the functioning of all network infrastructure
within the Service Provider facilities,
the mail servers that provide SMTP, POP3,
IMAP and Webmail access, and the software
that is run on those servers (collectively,
the "Service Provider Network").
Downtime exists when Client is unable
to send and receive email as a result
of a failure of the Service Provider Network.
This Service Level Agreement does not
cover Client's connection to the Internet
or any systems or software outside of
the Service Provider Network.
If for some reason the Email Service
does not meet these standards, Client
may request a refund in the amount of
5% of their monthly fee for each 30 minutes
of continuous downtime (up to 50% of Client's
monthly fee). Alternatively, if no single
period of downtime was 30 minutes or greater,
Client may request a refund equal to the
percentage of downtime during the affected
month multiplied by Client's monthly Email
Service fee. In either case, such refund
will be Client's sole remedy for the failure
of Service Provider to maintain 99.99%
uptime during a given month.
Refunds will be issued in the form of
a credit towards Client's next invoice,
unless the affected month is Client's
last month of service, in which case the
refund will be issued via check or credit
card within 60 calendar days.
Maintenance Windows
Service Provider makes every
effort to perform all system maintenance
activities during a scheduled maintenance
window. The maintenance windows are currently
scheduled for Saturdays and Sundays from
12:00 am to 4:00am Eastern, though not
every maintenance window is utilized.
If system downtime is planned during a
maintenance window, Service Provider will
make an announcement prior to the date
of the activity.
In Case of Modifications to Terms
of Service
Service Provider may modify
this Agreement at any time, at which point
notices will be sent to the Client using
any of the contact methods provided by
Client. The Client's continued use of
the Email Services for twenty-four (24)
hours after notice of the modification
is dispatched will constitute an affirmative
acknowledgment by the Client of the Agreement
and its modifications as well as an agreement
to abide by such terms.
Period of Performance
This Agreement and Client's
use of the Email Services shall become
effective on the date the order is submitted
by Client to Service Provider ("Effective
Date"). The Period of Performance
of this Agreement shall commence on the
Effective Date and shall continue for
a period as selected by Client during
the ordering process ("Initial Period").
Thereafter, this Agreement shall automatically
renew for additional like periods ("Renewal
Periods") on the same terms and conditions
as herein agreed, as may be amended from
time to time, unless and until either
party provides the other party with written
or electronic notice of termination at
least thirty (30) days prior to the end
of the Initial Period, or any Renewal
Period.
Renewal Fees
Service fees for each Renewal
Period ("Renewal Fees") will
be invoiced thirty (30) days prior to
the commencement of the Renewal Period.
The Renewal Fees will be due in full one
(1) day prior to the commencement of the
Renewal Period, and will be automatically
debited from Client's credit card prior
to that date, unless other payment arrangements
are made between Client and Service Provider.
Termination and Non-Renewal
Upon termination or non-renewal
of service, Client agrees that Service
Provider and the Service Provider Network
shall no longer support Client's Email
Services and shall no longer be required
to store any of Client's data. In the
event of termination or non-renewal of
service, Service Provider may delete all
of Client's information and email data
after thirty (30) days. Exports of the
database that contains Client's information
and email data are available upon request.
Requests for such data must be made at
least thirty (30) days prior to the termination
or non-renewal of services. Upon receiving
the request for such data, Service Provider
shall make the data available to Client
within fourteen (14) days. Service Provider
reserves the right to charge a fee for
providing data exports when the request
is not related to termination or non-renewal
of services.
Understanding for Termination
The Client agrees that Service
Provider may terminate the Client's use
of the Email Services if it believes that
the Client has violated or acted inconsistently
with the letter or spirit of this Agreement,
or that the Client has violated the rights
of Service Provider or other Clients or
parties.
Service Provider may also terminate the
Client's use of the Email Services if
Client's payment for any Service Fee or
Renewal Fee is returned for insufficient
funds, rejected by bank card processing
services, or otherwise any situation in
which the Email Services provided by Service
Provider remains unpaid after its due
date ("Overdue Balance"). In
a situation where Client has an Overdue
Balance, Service Provider will make a
reasonable effort to contact Client using
the contact methods previously provided
by Client, in order to obtain full payment
for the Overdue Balance, before terminating
Client's use of the Email Services.
Email Message Filtering
Service Provider may optionally
provide filtering of email messages that
pass through the Service Provider Network
for the purpose of identifying Spam, known
viruses and other disruptive content (collectively
"Junk Email"). Service Provider
makes reasonable effort to configure its
automated software to accurately identify
Junk Email, however Client acknowledges
and agrees that it is not possible to
identify such content with 100% accuracy
and that Service Provider is not obligated
to do so. Service Provider does not guarantee
that it will identify and block all of
the Junk Email that Client receives through
the use of the Email Services, nor does
Service Provider guarantee that the emails
that are identified or blocked by the
filtering software truly contain Junk
Email content. Client acknowledges that
it is always a good idea to run a desktop
virus scanner and firewall on computers
that are connected to the Internet as
a secondary line of defense in case such
content slips through the email message
filters and to reduce the risk of Client's
systems being infected by viruses that
spread via other methods besides email.
Client agrees to and understands the
risks associated with using the Email
Services and receiving and transmitting
email messages via the Internet. Client
agrees to hold harmless and indemnify
Service Provider from and against any
liabilities, damages, losses, costs and
expenses, including attorney's fees, of
every kind and nature, caused by or arising
out of claims based upon the receipt,
transmission or loss of any content.
Email Message Storage
The Email Services have a fixed
storage limit per mailbox, which upon
request can be upgraded for a fee. Email
messages when received may not be stored
if the size of such email would put the
destination mailbox over its storage limit.
It is Client's responsibility to monitor
the size of their mailboxes in order to
prevent it from reaching its storage limit.
Service Provider assumes no responsibility
for the deletion of or failure to store
email messages.
Data Backup and Restore Policy
Client's email messages are
backed up to separate storage systems
daily for the purpose of recovery from
errors or system failure ("Data Backups").
The Data Backups consist of a snapshot
of the contents within each mailbox at
a specific moment in time. The Data Backups
may not store every email that is transferred
or received using the Email Service, but
rather it stores a copy of the email messages
that exist within each mailbox during
the time the Data Backups are processed
each day. Copies of email messages may
remain in the Data Backups for approximately
two (2) weeks, even after Client deletes
the email messages from their mailbox
or after termination of Email Services.
Service Provider employees do not access
email messages in the Data Backups unless
a data restore is needed.
In the event that Client deletes email
messages from their mailbox as a result
of something other than a failure of the
Service Provider Network, and wishes for
those email messages to be restored, Client
may request a data restore from any of
the recent Data Backups snapshots. Client
will be charged a fee per mailbox for
each restore.
Client Responsibilities
This section describes Client's
additional responsibilities under this
Agreement.
Client will designate qualified personnel
to act as liaisons between Client and
Service Provider, and confirm electronically
or in writing to Service Provider the
names of such designated personnel from
time to time.
Client shall be responsible for the administration
of all end user login names, passwords
and related settings for the purpose of
authenticating and authorizing access
to the Email Services.
Client shall be responsible for handling
all communication, technical support to
and business relations with end users
who Client has authorized to use the Email
Services, including but not limited to
responding to inquiries and questions
from end users.
Client is solely responsible for Content,
including any subsequent changes or updates
made or authorized by Client. Client represents
and warrants that Content: (a) will not
infringe or violate the rights of any
third party including, but not limited
to, intellectual property, privacy or
publicity rights of others; (b) is not
abusive, profane or offensive to a reasonable
person; or (c) will not be hateful or
threatening. Violations of the foregoing
by Client may result in early termination
of services by Service Provider in Service
Provider's sole discretion.
Client is solely responsible for the Content
of its transmissions and the transmissions
of third parties accessing the Email Services
through Client. Client agrees to comply
with U.S. law with regard to the transmission
of technical data, which is exported from
the United States through the Email Services.
Client further agrees not to use the Email
Services (a) for illegal purposes or (b)
to interfere with or disrupt other network
clients, network services or network equipment.
Interference or disruptions include, but
are not limited to, distribution of unsolicited
advertising or chain letters, propagation
of computer worms and viruses, and use
of the network to make unauthorized entry
to any other machine accessible via the
network. Violations of the foregoing by
Client may result in early termination
of services by Service Provider in Service
Provider's sole discretion.
Upon termination of this Agreement, Client
must discontinue use of the Email Services
and relinquish use of the IP addresses
or address blocks assigned to it by Service
Provider in connection with the Email
Services.
Acceptable Use Policy
Service Provider and Client
will adhere to the Acceptable Use Policy
with respect to the use of the Email Services.
Privacy Policy
Service Provider and Client
will adhere to the Email Privacy Policy
with respect to the collection and use
of Client's personal information by Service
Provider.
Rights
Notwithstanding anything to
the contrary stated herein, Service Provider
maintains all rights, title and interest
in the Email Services, Service Provider
Software, Project Software and Work Product,
and Client may not claim ownership of
or use the Email Services, Service Provider
Software, Project Software and Work Product
in a resale capacity or allow access to
the Email Services, Service Provider Software,
Project Software and Work Product by any
third parties.
Service Provider reserves all rights
to use the Email Services, Service Provider
Software, Project Software and Work Product
in whatever manner it chooses, including
for other Service Provider clients.
Disclaimer of Warranties
THE CLIENT EXPRESSLY AGREES
THAT USE OF THE SERVICE IS AT THE CLIENT'S
SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE"
BASIS.
SERVICE PROVIDER EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER SERVICE PROVIDER NOR ANY BUSINESS
AFFILIATES OF SERVICE PROVIDER (INCLUDING
ANY SUCH BUSINESS AFFILIATE THROUGH WHICH
CLIENT BECAME A CLIENT OF THE SERVICE)
MAKES ANY WARRANTY THAT THE SERVICE WILL
MEET CLIENT REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES SERVICE
PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
THE CLIENT UNDERSTANDS AND AGREES THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT THE CLIENT'S OWN
DISCRETION AND RISK AND THAT CLIENT WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
THE CLIENT'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
NEITHER SERVICE PROVIDER NOR ANY BUSINESS
AFFILIATES OF SERVICE PROVIDER (INCLUDING
ANY SUCH BUSINESS AFFILIATE THROUGH WHICH
CLIENT BECAME A CLIENT OF THE SERVICE)
MAKES ANY WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY CLIENT FROM SERVICE
PROVIDER OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER SERVICE PROVIDER NOR
ANY BUSINESS AFFILIATES OF SERVICE PROVIDER
(INCLUDING ANY SUCH BUSINESS AFFILIATE
THROUGH WHICH CLIENT BECAME A CLIENT OF
THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OR FOR INTERRUPTED COMMUNICATIONS, LOST
DATA OR LOST PROFITS ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, EVEN
IF SERVICE PROVIDER HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale or Profiteering of
the Service
Although a Client may choose
to register multiple accounts, any account
of the Client is understood as a stand-alone
single account. The Client may choose
whether the account shall be used for
personal or corporate purposes. However,
the Client agrees not to resell or make
any commercial use (leasing or selling
of accounts) of Email Services, without
the express consent of Service Provider.
Indemnification
The Client agrees to defend,
indemnify and hold harmless Service Provider,
its employees, directors, officers, agents
and business affiliates (including any
such business affiliate through which
Client became a Client of the Service),
and their respective successors and assignees
from, and against, any and all liabilities,
damages, losses, costs and expenses, including
attorney's fees, caused by or arising
out of claims based upon the use of your
account or the content contained in any
email that has been sent or received through
the Email Services, including any claim
of libel, defamation, violation of rights
of privacy or publicity, loss of service
by other subscribers and infringement
of intellectual property or other rights.
Right to Set-Off
If, under this Agreement, Service
Provider becomes obligated or liable to
pay money to Client, that sum may at the
election of Service Provider, and without
limiting or waiving any right or remedy
against Client, be set-off against and
applied to any amounts which are due and
owing by Client to Service Provider until
such amount has been completely set-off.
Entire Agreement
This Agreement comprises the
entire Agreement between Client and Service
Provider and supercedes any and all prior
agreements between the parties regarding
the subject matter contained herein.
Non-Waiver
Failure of Service Provider
to insist upon strict performance of any
of the Terms of Service contained herein
shall not be deemed a waiver of any right
or remedy that Service Provider shall
have in respect thereof, and shall not
be deemed a waiver of any subsequent default
in performance of the Terms of Service.
Provision of Notice
All notices to a party shall
be in writing and shall be made either
through email or conventional mail. Service
Provider may broadcast notices or messages
through the service to inform Clients
of changes to this Agreement, the service,
or other matters of importance; such broadcasts
shall constitute notice to the Clients.
Applicable Laws
The agreement shall be governed
by and construed in accordance with the
laws of the Baltimore, MD, USA, excluding
that body of law known as conflicts of
laws and the United Nations Convention
on Contracts for the Sale of Goods. The
Client and Service Provider agree to submit
to the exclusive jurisdiction of the courts
of the Baltimore, MD, USA. If any provision(s)
of this Agreement is held by a court of
competent jurisdiction to be contrary
to law, then such provision(s) shall be
construed, as nearly as possible, to reflect
the intentions of the parties with the
other provisions remaining in full force
and effect. Service Provider's failure
to act with respect to a breach by the
Client or others does not waive its right
to act with respect to subsequent or similar
breaches. This Agreement sets forth the
entire understanding and agreement between
the Client and Service Provider.
Back
To Main Page
