TOS applies automatically to all Spam Soap Inc. (Spam Soap) clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO Spam Soap's SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM.
Spam Soap agrees to provide services such as Email Filtering, Message Continuity, Email Archiving, Email Hosting and other related services as described on its Web Site at http://www.spamsoap.com or in its contract with the customer. Spam Soap will make all reasonable efforts to provide a quality service to the Customer.
For customers provisioned for Spam Soap hosted mail, Spam Soap representatives will provide generic configuration documentation for setting up email clients. For customers without a technical representative or expertise, Spam Soap Support is available to assist in setting up your local or remote mail client for a fee of $125 per hour billed in half hour increments. Additions of Spam Soap services not provisioned during normal business hours will also be assessed a provisioning fee of $125 per hour, billed in half hour increments.
Spam Soap will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Spam Soap to use its name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization. See Privacy Policy on the Spam Soap Website for further details.
Under no circumstances will Spam Soap be obligated to provide insurance coverage for any customer.
If the Customer is in default If the Customer is in default of any of its obligations under this Agreement, then Spam Soap may in its sole discretion exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law in exercising any remedy under this Agreement.
Clients rates may be changed at anytime with a prior notice given to the client with at least 30 days notice.
The term of this Agreement shall begin upon the date the service is made available to the customer and shall be for the period stated in the commitment section of the Service Order or on the Web Site. If no commitment is stated, the term will be of 1 month. Agreement is automatically renewed until terminated by either Party. Either party may terminate this Agreement, (i) for convenience with a written notice to the other party at least 30 days prior to the anniversary date, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Cancellation requests must be made in writing with the customer's signature with at least 30 days notice and faxed at: +1.866.826.5713. Cancellation requests must be accompanied with the name of the account, domain name and signature of the client and the reason of the cancellation.
Upon account activation, Spam Soap reserves resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
The Customer hereby authorizes Spam Soap and gives consent to Spam Soap under applicable privacy laws for Spam Soap to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer's credit worthiness, and the Customer will promptly execute and deliver to Spam Soap such further documents and assurances and take such further actions as Spam Soap may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Spam Soap will provide 99.99% availability to all the customers who have purchased said service from Spam Soap. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
In no event shall Spam Soap, Spam Soap affiliates, or any of their respective officers or employees, be liable, for any loss of profit or revenue or for indirect, incidental, special, punitive or exemplary damages incurred or suffered arising from or pertaining to Customer's use of services including (without limitation) damages arising from interruption of services, unless caused by such party's gross negligence or willful misconduct. Notwithstanding the foregoing, in no event shall Spam Soap be held liable for loss of profit or consequential damages. Customer agrees and acknowledges that its use of the service is at its sole risk, and customer hereby absolves and fully releases Spam Soap, employees, affiliates, agents and representatives (collectively, the "Spam Soap Parties") from any and all cost, loss, damage, expense, liability and causes of action, whether foreseeable or not, from any cause whatsoever, that Customer may suffer. In addition, Customer hereby agrees to indemnify, defend, protect and hold Spam Soap and the Spam Soap Parties harmless from and against any loss, cost, damage, liability, claim, action or cause of action (including, but not limited to, attorneys' fees) of any third party, whether foreseeable or not, resulting as a consequence of Licensee's use of the services. Customer hereby assumes the risk of the inability to operate as a result of any structural or power failures at the Equipment and Equipment Space, the Building or any failure of Licensee or the Equipment and Equipment Space for any reason whatsoever and agrees to indemnify and hold Spam Soap harmless from all loss, liability, damages and costs of defending any claim or suit of any kind including business interruption asserted against Spam Soap by reason of such failure.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected ("Force Majeure"). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Spam Soap will make all possible efforts to provide a backup mechanism and keep complete backup copies of all email hosting solutions. However, the customer must keep a personal backup copy of its hosted content including emails. Spam Soap should not be held responsible of any loss of data or data corruption. The Customer must keep a personal backup copy of its databases and all hosted content. Spam Soap should not be held responsible of any loss of data or data corruption.
Customer must be signed up with Spam Soap as a reseller to resell any services. Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Spam Soap, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the services provided by Spam Soap under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
The customer is solely responsible for the content stored on the Spam Soap email servers and archiving platform.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, Spam Soap MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
This Agreement shall be construed in all respects in accordance with the laws of the State of California, Orange County. The parties hereby irrevocably and unconditionally agree.
Complaints or TOS & AUP violations must be reported to abuse@spamsoap.com, by fax (1.866.826.5713) or by mail at: Spam Soap Inc, 3193 Red Hill Avenue, Costa Mesa, CA 92626.
Spam Soap may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Spam Soap may impose from time to time.