Frequently Asked Questions

TERMS AND CONDITIONS AGREEMENT FOR SERVICES

This agreement is between mailhive, a division of Digital Transitions Inc. (herein known as mailhive) and the Customer for the purposes of Email, Email Archiving or both.

I. Financial Arrangements:
1. Unless otherwise stated, agreement for hosting services is month to month, beginning upon commencement of service.
2. Unless otherwise stated, the first full month’s charges, prorated charges and a non-refundable setup charge, if any, shall be due upon receipt of agreement regardless of the status of domain name application/transfer or any other forces beyond the control of mailhive.
3. This agreement will automatically renew month to month for the life of the agreement until cancelled in writing. Customers paying by check will receive an invoice for any recurring and non-recurring charges. Invoices will be emailed via PDF format each month and payment is due upon 30 days of receipt. Customers paying by credit card and who have signed up for recurring auto pay options, expressly agree to have their credit card account billed monthly for all recurring and non-recurring charges for the life of the agreement including any automatic renewal periods. Mailhive reserves the right to charge a late fee of 5% if payment is not received within 30 days.
4. If Customer’s account becomes more than 60 days past due, Customer’s email and or archival data may be removed from mailhive servers and account may be referred to our collection agency.

II. Taxes:

1.Unless exempt, the Customer agrees to take pay the taxes (PST, GST, or HST) based on their Province or Territory of corporation or billing address.

III. Material and Products:
1. If required, the Customer will provide mailhive with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of mailhive. mailhive shall make no effort to validate this information for content, correctness or usability.
2. Use of mailhive's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. Mailhive is here to help in the setup, migration, and creation of email accounts and archival data if and when needed.
3. The Customer agrees that it is not the responsibility of mailhive to provide this knowledge or Customer Support outside of the defined service of mailhive.
4. mailhive will exercise no control whatsoever over the content of the information passing through the network. mailhive makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. mailhive also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of mailhive is at the Customer's own risk, and mailhive specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth. mailhive expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. mailhive specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", mailhive may, at its option and at any time, reject this material, including but not limited to after it has been put on mailhive's Server. mailhive agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of mailhive. If the Customer fails to modify the material, as directed by mailhive, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
5. Mailhive actively monitors and implements security measures to keep the data secure and readily available. We offer access over the following ports on our mail subsystems:
SMTP: (25) >> Incoming only to spam / quarantine portal
SMTPS (465),
IMAPS (993).
HTTPS: (443, 8006, 9000)
At no point does mailhive provide any other services on our network for email sending and receiving.
6. If we detect any high increases in traffic from your domain, in the form of spam emails, mailhive at its own discretion will disable any and all accounts that have been compromised and will notify the administrator that their passwords must be changed. This includes the locking of email accounts until which time the account passwords are modified. By default mailhive accounts have easy to guess dictionary based passwords disabled to protect both mailhive and the Customers Intellectual Property. By default we block IP addresses after 5 consecutive false attacks and ban those IP address for 4 hours. We understand and acknowledge that from time to time legitimate accounts get locked accidentally. If this is the case, we can release and locked IP addresses. This is easily done by opening a ticket in our support forum or calling our support help desk.
7. From time to time, when mailhive sees an increase in spam and brute force attacks from outlying countries, we will at our own discresion and without warning block those countries based on geolocation or the end IP address or subnet. Geoblocking and IP address blocking will be unblocked after which time it is deemed the country or IP address in question has resolved its issue.
8. Unless provided by the customer, mailhive enrolls your services with SSL security provided by letsencypt at no additional costs. These certificates renew every 3 months, and cover the following URLS:
webmail.domain.fqdn
autodiscover.domain.fqdn
archive.domain.fqdn
V. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access mailhive’s services. Mailhive makes no representations, warranties or assurances that the Customer's equipment will be compatible with mailhive services. When needed, mailhive will assist in setting up end users computers and phones. Mailhive staff will go no futher than setting up and configuring email accounts. We will not dig any deeper into any issues with the computers themselves.

VI. Age:
1. The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:
1. The Customer may not use mailhive servers for the purpose of Mass Electronic Junk mail or Spam. Mailhive reserves the right to immediately cancel any service account, which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of mailhive may not be used to impersonate another person or misrepresent authorization to act on behalf of others or mailhive. All messages transmitted via mailhive should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. The Customer may not run any software, applications, or other processes on mailhive servers without the express written permission of mailhive.

VIII. Termination:
1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. mailhive will not accept terminations over the telephone. Notwithstanding the above, mailhive may terminate service under this Agreement at any time, without penalty, including removing Customer’s archival data and/or email from mailhive servers, if the Customer fails to comply with the terms of this Agreement, including non-payment. mailhive reserves the right to charge a reinstatement fee.
2. Mailhive, will keep all emails and archival for 30 days from time of termination to help and assist Customer with migration of email over to other services if required. After 30 days, all exiting email and archival data is removed from mailhive’s servers.

IX. Limited Liability:
1. The Customer expressly agrees that use of mailhive's Server is at the Customer's sole risk. Neither mailhive, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that mailhive's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the mailhive Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall mailhive, its officers, agents or anyone else involved in creating, producing or distributing mailhive's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the mailhive Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of Nature , communication failure, theft, destruction or unauthorized access to mailhive's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on mailhive's Server service.
3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:
1. The Customer may only use mailhive's Server for lawful purpose. Transmission of any material in violation of any Candian regulations are prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XI. Indemnification:
1. The Customer agrees that it shall defend, indemnify, save and hold mailhive harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against mailhive, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless mailhive against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with mailhive's Servers; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the mailhive Servers.

XII. Agreement Revisions:
1. mailhive reserves the right to modify or revise this Agreement at any time. Revisions will be considered agreed to by the Customer on renewal of mailhive services as specified in Section I. Financial Arrangements.

XIII Transfer:
1. The Customer may not transfer this agreement without the written consent of mailhive.

BY USE OF MAILHIVE’S SERVERS, CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THESE TERMS AND CONDITIONS IN FULL AND ACCEPTS ALL TERMS AND CONDITIONS AS STATED ABOVE.Rev.1/2019

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Last Updated 2 months ago