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Service Level Agreement |
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These are the terms upon which we agree to provide the Service to the Client (as applied above). The agreement made between us (yarra Technologies Pty Ltd), with these terms commences on the date that services begin and ongoing for the duration of service provisions from yarra Technologies.
1. MailWall service desciptions in brief includes the following:
1. 3 SMTP relay hosts gateways for incoming mail
2. Server DNS blacklist look up rules
3. Server Blocklist by IP Address or Domain name rules
4. Spam analysis rules, including, deny, copy, mark, by mail data fields
5. Spam analysis regular expression rule support
6. Spam white lists by domains or email addresses
7. Spam Bayesian analysis and capture based on probabilities
8. Mail data field addition to reviewed mail, marking reason or probability factors
9. Anti-Virus scanning including nightly definitions update
10. Administration regular review for false positives and rules training
11. May include Client access via Web for queued mail review, release and rules updates (extra fees required)
2. Acknowledgment of confidentiality
yarraTechnologies acknowledges that email to the client including data about that email and attachments to it (all ‘client inbound mail’):
2.1 is confidential information; and
2.2 may be subject to legal professional privilege.
3. Promise to maintain confidentiality
yarraTechnologies promises:
3.1 to respect and maintain the secrecy and confidentiality of client inbound mail;
3.2 not to read client inbound mail except for the purposes of the contract;
3.3 not to disclose client inbound mail to anyone but client;
3.4 not to allow anyone to read, possess or access client inbound mail except employees of yarraTechnologies who:
3.5 need to do so for the purposes of the contract; and
3.6 who have signed a written undertaking in the form of special condition;
3.7 and to ensure that its employees who read, possess or access client inbound mail do likewise.
4. Services, Descretion and warranties
MailWall provides these additional guards and redundancy for internet mail systems. The nature of spam means the tactics we employ are constantly under review and are subject to change at our discretion but with reasonable notification to clients. Other clients will attend to our success in reducing spam and responding to new spam seepage, however we provide no warranties and make no claims with this service.
4.1 Service cancellation - can be made at any time, but the client must provide written notice of service cancellation. Any billing amounts incurred will also cease within 24 hours of the formal notice of service cancellation.
4.2 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times that will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 15 minutes we will email details of the scheduled maintenance to the client nominated contact person, with at least 24 hours in advance of the maintenance.
4.3 Monitored & Managed Services - yarra Technologies mail & application servers are monitored frequently. Monitoring includes checking response and uptimes, server administration, redundancy and fail over testing, security monitoring and software upgrades.
4.4 Mail data backups – Email through our services is transient and not subject to system backups. At any one time there may be mail held in queues, or in spam analysis systems.
4.5 Location - The Service is provided by yarra Technologies from a Class A & Class B data center in Melbourne. We will determine in its absolute discretion from time to time the data center location from which your Service(s) are provided.
4.6 Intellectual Property - In contracting with yarra Technologies for the Services, the Client obtains no rights to the hardware, software, intellectual property and other infrastructure and facilities used by yarra Technologies to deliver the Service.
4.7 Support Contact – 24 x 7 on call support is provided. Support contact numbers will be provided to the clients or as published on our web site.
4.8 Support Response - A support response time to the client should be made expediently, and should not exceed a maximum time during business hours from of more than 4 working hours.
4.9 Server Failure - yarra Technologies shall maintain disaster recovery procedures and equipment that in the event of a severe server hardware failure, recovery can be made within 1 working business day. Disaster recovery procedures shall be tested at least 2 times per year. The client agrees to provide assistance for fail over test to qualify the success of these tests. The client agrees to provide all assistance necessary in the event of severe failure in order to expedite return of services.
4.10 Server downtime - yarra Technologies shall provide discounts to clients for downtime based on the guideline that 1% downtime = 10% discount for that monthly rate. The discounts are provided at the discretion of yarra Technologies and are applied to downtime caused by problems within control of yarra Technologies.
4.11 Administration - requests changes made of less than 15 minutes shall not incur a fee, of up to 4 requests per month. Administration request changes greater than 15 minutes shall be charged at the standard administration support rate $120 per hour. Note; a block of 10 administration hours can be purchased at discount rate.
4.12 Server User access - There is no provision in this agreement for user access to the hosted Domino server. However, access may be given to qualified end users to assist with development, support or debugging at the discretion of yarra Technologies. In the case of such access the client agrees that all knowledge discerned in respect of files, system or configurations should remain in confidence between the client & yarra Technologies.
5. Warranties and Liabilities
5.1 We do not warrant that: -
(a) The services provided under this agreement will be uninterrupted or error free;
(b) The services will meet your requirements, other than as expressly set out in this agreement; or
(c) The Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of yarra Technologies.
5.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, is limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.
5.3 Except as provided under clause 4.2, none of yarra Technologies, its subsidiaries, officers, directors, employees, partners or suppliers will be liable to you or any third party for: -
(a) Any special, punitive, incidental, indirect or consequential damages of any kind;
(b) Any damages whatsoever, including, without limitation, those resulting from:
(i) Loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use the Services;
(ii) The statements or actions of any employee or agent of yarra Technologies;
(iii) Any unauthorized access to or alteration of your web site, transmissions or data;
(iv) Any information that is sent or received or not sent or received;
(v) Any failure to store or loss of data, files or other content;
(vi) Your fraudulent, negligent or otherwise unlawful behavior;
(vii) Information, data or other material provided to yarra Technologies by you or on your behalf; or
(viii) Any Services that are delayed or interrupted.
5.4 The Client warrants that: -
(a) At the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in our services proposal and this service level agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced;
(b) You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
(c) You will keep secure any passwords used to upload or maintain your data no the Server; and,
(d) You hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.
5.5 You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through the Service, to the full extent permitted by law. You access and use such information and material at your own risk.
5.6 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
5.7 Except as provided in clause 5.2. We are not liable to you or any other person for: -
(a) Cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
(b) The content, context or confidentiality of any communications made using the Service;
(c) Loss or damage caused by third party software applications forming part of the Service.
5.8 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
(a) Your breach of these terms;
(b) Your use or misuse of the Service;
(c) The use or misuse of the Service by any person using your account; and,
(d) Publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.
6. Suspensions and Termination of Service
6.1 We will not for the period of the agreement without notice suspend the Service or disconnect or deny your access to the Service.
6.2 yarra Technologies may without notice to you remove, amend or alter your data upon being made aware of:-
(a) Any claim or allegation; or
(b) Any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
6.3 We may end our agreement with you and cease providing Services for any reason, on 60 days written notice to you. In which case fees for Services paid that will not be incurred will be refunded.
6.4 The client account and services may be terminated within 7 days at anytime by written request from the client.
6.5 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.
7. Domain Names
7.1 If you have requested or use a .com, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain names issued by the respective Domain registrar. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.
7.7 You indemnify yarra Technologies against all claims arising out of your registration and use and renewal of registration of your chosen domain name(s).
8. Acceptable Use Policy and General Principles
8.1 yarra Technologies is not responsible for the content of traffic. We exercise no supervision or control whatsoever over the content of the information passing through our network.
(a) We do not assume any responsibility for information not sent or expressly authorized by us.
(b) The responsibility for traffic that does not conform to this policy and all possible consequences lies with the sender of the traffic.
(c) We accept no responsibility for the consequences of unauthorized breach of our system security such as hacking or denial of service attacks.
8.2 You are responsible for use of your account. If you permit others to use our Service, you are responsible for making users of the Service aware of this policy and obtaining compliance of your users with this policy.
8.3 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service you must comply with any acceptable use conditions that apply to that network.
8.4 It is your responsibility to ensure that you and others whom you permit or enable to use yarra Technologies Service do so as follows:
(a) Use our Service in a manner that does not violate any applicable laws or regulations;
(b) Respect the conventions of the newsgroups, lists and networks that you use;
(c) respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
(d) respect the privacy of others and observe the provisions of Australian Privacy Policy regulations.
(e) use the Service in a manner that does not interfere with or disrupt other network users, services or equipment;
(f) refrain from acts that waste resources or prevent other users from receiving the full benefit of our services; and
8.5 Your use of our Services should be ethical and in accordance with accepted community standards.
8.6 Specific kinds of use are not allowed. It is not acceptable to use our Service to do any of the following ("Unacceptable Conduct"):
(a) send Spam;
(b) provide a capability on a yarra Technologies-hosted site that permits third parties to send Spam from a yarra Technologies server;
(c) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses;
(d) engage in any activity intended to withhold or mask Customer's, or if you are an authorized reseller, its User's corporate identity or contact information;
(e) send electronic chain letters;
(f) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
(g) send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
(h) undertake activities that cause or may cause third party service providers to place yarra Technologies Internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
(i) undertake any activity that impedes yarra Technologies ability to provide its Service;
(j) make transmissions of any type or quantity that adversely affect our operation or jeopardize the use of our service, or its performance for other subscribers;
(k) violate copyright or other intellectual property rights;
(l) illegally store, use or distribute software in order to transmit threatening, libelous, obscene or offensive materials;
(m) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;
(n) misrepresent or defame others;
(o) harass or impersonate yarra Technologies or other users;
(p) commit fraud, gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the internet;
(q) damage, modify or destroy the files, data, passwords, devices or resources of yarra Technologies, other users or third parties;
(r) engage in misleading or deceptive online marketing practices;
(s) conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(t) make an unauthorized transmission of confidential information or material protected by trade secrets;
(y) place on the Internet, obtain through the Internet or transmit using the Internet, Prohibited Content or Potentially Prohibited Content;
(v) place on the Internet, obtain through the Internet or transmit using the Internet any of the following:
(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:
- material containing detailed instruction in crime, violence or drug use;
- child pornography;
- bestiality;
- excessively violent or sexually violent material
- real depictions of actual sexual activity; or
(ii) Content hosted in Australia that is classified R and not subject to a restricted access system that complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:
- material containing excessive and/or strong violence or sexual violence;
- material containing implied or simulated sexual activity;
- material that deals with issues or contains depictions that require an adult perspective;
(x) propagate computer worms, viruses and other types of malicious programs;
(y) use the service to interfere or disrupt other network users, services or equipment;
(z) attempt to do any of the things set out in (a) to (y) above. |
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