When you sign up for an email acount, you agree not to use the account to send spam, distribute viruses, or otherwise abuse the service. All users on your domain are subject to these agreements, which are part of our Acceptable Use Policy.
If we identify a user who is violating these agreements, we reserve the right to immediately suspend the user. If the problem is domain-wide, we reserve the right to suspend the entire account and deny administrator access to all services. In such cases, we send a notification to the registered secondary email address for the domain administrator.
LIMITATIONS ON MAIL SERVICES
3.1 Filtering. Web Fish Creative provides certain services designed to filter unwanted email, such as spam, phishing scams, and email infected with viruses. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses. Email that is quarantined by the filtering system is excluded from the Service Level Guarantee.
3.2 Delivery Failures. Web Fish Creative 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.
3.3 You hereby release Web Fish Creative and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of Web Fish Creative’s filtering services to capture unwanted 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.
3.4 Memory Limitations. 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 adjust the storage capacity of individual mailboxes as needed. An individual email message that exceeds the per-message size limit may also be permanently lost. As of May 2008, the per message size limit is 50MB.
3.5 Backups. Web Fish Creative performs data backups on a "snap shot" basis at a specific moment. Therefore Web Fish Creative may not create a backup of every item that is sent, received or stored. The backup will only capture those items (including mailboxes and public folders) that are present during the time of the backup. Data on backups may be retrieved only for a limited number of days. See information in Section 5.3 (Records Retrieval) below regarding Records Retrieval services.
3.6 Bulk Mail. You may not use the Mail Services to send Bulk Mail except via a Web Fish Creative approved mail marketing service. You may not send bulk or commercial mail that has a Web Fish Creative Mail Service return address or references a Web Fish Creative Mail Service address, unless approved by Web Fish Creative in advance. You may not intentionally use your Mail Service for the purpose of receiving bulk mail from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" list.
3.7 Unsolicited Mail. 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 the email.
3.8 System Abuse. You may not use the Mail Services in a way that creates technical disturbances for other Web Fish Creative mail customers or for the Web Fish Creative systems generally. Specifically, but without limitation:
3.8.1 No Shared Mailboxes. Each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualise one mailbox into multiple mailboxes;
3.8.2 Automated Use. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs. Such use is permitted provided that you do not violate this Agreement or disrupt the normal operation of the mail system, but we do not provide technical support for this type of use.
CUSTOMER SECURITY OBLIGATIONS
The General Terms and Conditions require you to use reasonable security precautions in light of your use of the Services. For Mail Services, this includes using a desktop virus scanner and firewall on computers that are connected to the Internet.
ADDITIONAL SUSPENSION, TERMINATION AND INDEMNIFICATION GROUNDS
In addition to the other grounds for suspension and termination stated in Section 10 (Suspension of Services) and Section 11.2 (Termination for Breach) of the General Terms and Conditions, we may suspend your Mail Services or terminate the Agreement immediately and without notice if: (i) you use your Mail Service in violation of the use restrictions in the Agreement, including those in the AUP and at Section 3.6 (Bulk Mail) or Section 3.7 (Unsolicited Mail) above, (ii) your Mail Service email address or related IP number(s) is/are blacklisted by any third party, or Web Fish Creative 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, or (iii) we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault. 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.