Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Table of Contents

Disclaimer

The materials on ForwardEmail's web site are provided "as is". ForwardEmail makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ForwardEmail does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall ForwardEmail or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ForwardEmail's Internet site, even if ForwardEmail or a ForwardEmail authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Service Level Agreement ("SLA")

Terms

  • "Downtime" refers to a factor of more than a 5% user error rate, determined by a server-side error rate.
  • "Monthly Uptime Percentage" refers to the total minutes in a calendar month minus the number of minutes of Downtime suffered in the calendar month, divided by the total minutes in the calendar month.

Agreement

ForwardEmail shall use all reasonable commercial efforts (no less than acceptable and reasonable industry standards) to ensure that the ForwardEmail service is available to paying customers 99.99% of the time in any calendar month. If it is not, then you may be eligible to receive the Credits described below in accordance with Eligibility.

Credits

Monthly Uptime Percentage Days of Service*
< 99.99% – >= 99.90% 3
< 99.90% – >= 95.00% 7
< 95.50% 15

* Instead of receiving Days of Service being added to your account, you can also choose to have us issue a pro-rated refund.

Eligibility

Minimum credit amount must be at least $1.00 to be eligible. Maximum credit is capped at the 30 days or the total amount the customer is paying per the most recent calendar month with respect to Downtime (whichever is greater). Paying customers affected for any Downtime must request Credits by filing a Help request within 30 days from the date of Downtime. Credits only apply for Downtime factors that are within the primary control of ForwardEmail.

Revisions and Errata

The materials appearing on ForwardEmail's web site could include technical, typographical, or photographic errors. ForwardEmail does not warrant that any of the materials on its web site are accurate, complete, or current. ForwardEmail may make changes to the materials contained on its web site at any time without notice. ForwardEmail does not, however, make any commitment to update the materials.

Links

ForwardEmail has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ForwardEmail of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

ForwardEmail may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to ForwardEmail's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

License

Business Source License 1.1 © Niftylettuce, LLC.