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Terms of Service / Service Level Agreement Service Level Agreement

Effective Date: July 1, 2009

Introduction. System Engineering & Management, Inc. , (“”) strives to offer you (“Customer”) unparalleled service, including the availability of its Hosted Microsoft Exchange, BlackBerry Enterprise Server, ActiveSync, Advanced Anti-Spam & Virus Protection, Shared Web Hosting, Dedicated Web Hosting, DataLock Online Backup services (the “Hosted Services”). By this Service Level Agreement (“SLA”), guarantees to Customer that its Hosted Services will be available 99.9% of the time during any calendar month, subject to the terms and as set forth in this SLA (the “Uptime Guarantee”).
Covered Services. provides the Uptime Guarantee in this SLA for its Hosted Services, calculated on a monthly basis, provided Customer (i) is in good standing with (i.e., is not delinquent in payments, and has not otherwise breached any of its obligations to, and (ii) requests the Hosted Service Credit (as defined below) from for its noncompliance with the Uptime Guarantee in writing within 30 days of the end of the month in which such noncompliance occurred.
Exclusions. Downtime caused by any of the events noted below will be excluded from the Hosted Service availability calculations (“Excused Outages”):
(i) Customer environment issues affecting connectivity or interfering with the Hosted Services, including without limitation, Customer’s connection to the Internet (i.e., problems with the Customer’s Internet Service Provider, modem, cable, DSL or dial-up connection or other Customer Internet connectivity issues) or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
(ii) third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Hosted Services, the Website or’s or its partners’ servers;
(iii) verified bugs of any third party software used in conjunction with the Hosted Services (including Microsoft software);
(iv) force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of;
(v) issues related to third party domain name system (DNS) errors or failures;
(vi) scheduled maintenance of the Hosted Services, conducted on a regular basis, of which will give Customer a minimum of 24hrs advanced notice by email or notification posted to the website.
(vii) emergency maintenance of the Hosted Services, not to exceed 8 hours in any month, for which Customer may not receive advanced notice.
Non Compliance. In the event fails to meet the Uptime Guarantee regarding one or more of its Hosted Services (the “Affected Service(s)”), as verified by based on its monitoring logs (a “Service Outage”), Customer will be entitled to a credit for future Hosted Services of the same type as the Affected Services ( “Hosted Service Credits”).
Hosted Service Credit Calculation. For each full 1% of downtime, of verified Service Outage in any calendar month (based on a 30-day month calculation), excluding downtime caused by an Excused Outage (an “Outage Unit”), Customer will receive a Hosted Service Credit equal to 5% of the monthly subscription fees paid by the Customer for the users impacted by the Affected Service. Should a Service Outage span more than one month, the calculation of Hosted Service Credits starts over at the beginning of each month.
Hosted Service Credits Payment. Hosted Service Credits will be issued in the form of a credit towards Customer's next invoice, unless the affected month is Customer's last month of subscription to the Affected Services, in which case the dollar value of the Hosted Service Credits, as calculated herein, will be issued to Customer by within 60 calendar days from the end of the Customer’s last month of subscription to the Hosted Services.
Total Credit Limits. Hosted Service Credits will apply only to a Customer’s users directly affected by a Service Outage, and Hosted Service Credits may not exceed 50% of the total subscription fees of the Affected Services, excluding applicable taxes. Hosted Service Credits will not be issued for any fraction of an Outage Unit and will not accrue or carry over from month to month. Notwithstanding anything set forth in this SLA, the Hosting Service Credit described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by of this SLA. Exchange 2003 Hosted Email:

Terms of Service
Effective Date: July 1, 2009

This agreement is between you, the subscriber to the System Engineering & Management, Inc. ( Email service.

Terms that apply to Hosted Exchange (email) customers:

Outgoing Bulk / Junk / Spam Mail Policy defines “Spam/Junk emailing” as “the sending of e-mail(s) to users that have not explicitly asked to receive the sender's message". defines “Bulk emailing” as “the sending of e-mail(s) in a bulk fashion regardless of whether or not the recipient of such email(s) have requested the correspondence”.
Sending either spam or bulk email through the system is not permitted and will not be tolerated. reserves the right to refuse, suspend, or even terminate service at any time, and without preceding warnings, to anyone who violates or intends to violate this policy. will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam/bulk e-mails. also reserves the right to limit the number of outgoing recipients of an individual email message to one hundred (100).

30 Day Money Back Guarantee Period
The money back period is for 30 days.  If you do not wish to continue with the service, you must email support at This e-mail address is being protected from spambots. You need JavaScript enabled to view it prior to your 30 day trial expiring. Please supply domain name and reason for cancellation (for our customer service records). The money back applies only to the Exchange 2003 hosting offering. Blackberry services are not part of the money back offer.  

Month to Month Term
After the service setup is complete, your account will be automatically renewed on a month to month basis at the then current monthly subscription rate.   There is no minimum term of service. You may cancel the service at any time by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Service is billed at the start of each service month for the following month and we cannot give any refunds for partial month’s service.

Service Level Agreement

Read our Service Level Agreement

Security and Reliability
The security and reliability of the email service is our highest priority. works hard to run a solid, hassle-free service. However, there are times when we cannot guarantee 100% reliability:

* Internet congestion
* Automatic System Updates –’s servers regularly update themselves with patches and bug fixes. Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way.  Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation.
* Terrorist Attack
* Acts of God
* Virus/Worm/Denial of Service Attack

You specifically agree that cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the Hosted Email Service in excess of the cost of service provided.  Cumulative liability of to a customer shall not exceed the total monthly service fee of the immediate prior one month of service.

Transmission of Data
You agree that is not responsible for any unauthorized access or modification of your data stored by or transmitted via the service.  You also agree that is not responsible or liable for any content sent using, or received from, the service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.

Incoming Bulk / Junk (Spam) Mail Policy Hosted Email Service includes SPAM filtering to help prevent incoming spam. cannot be responsible for filtering out unwanted/offensive content sent to your hosted email account or that may exceed the capacity of your email account. Email determined as SPAM is deleted prior to delivery to the server and is not retrievable. works hard to ensure low false positive rates but should they occur is not liable for lost, delayed or undelivered email. Virus Policy
The Hosted Email Service provides virus protection against incoming email viruses sent to your Hosted Email Service addresses. All incoming messages to your Hosted Email Service domain are scanned. It is our policy to delete affected attachments prior to delivery to your Hosted Email Service mailbox. virus protection uses the latest technologies to help ensure your protection. Our server software (virus patterns) is updated nightly. Virus protection is an ongoing process and it’s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end-user run a local anti-virus software package on their PC for additional protection. will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus-infected emails. Most viruses are transmitted by email, but not all. If your email software is connected to another email service other than, it is possible that virus-infected email could be pulled into your Hosted Email Service account from another service. cannot be held responsible for virus-infected email originally sent to email services outside of

Use of Microsoft Outlook® Software Hosted Email Service includes the licensing for Microsoft Outlook® Software. The license fee is included with the monthly Hosted Email Service fee; however we may charge a nominal fee to ship the media to you. End-users are allowed to install the software one time and only on one PC for each Hosted Email Service mailbox.   Each end-user/individual using the Hosted Email Service must purchase an individual Subscriber Access License (SAL) – otherwise know as a “mailbox” for this service.   Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are purchased on a monthly basis for each user.  If you cancel your Hosted Email Service account you acknowledge that you are responsible for uninstalling any Microsoft Outlook® client software that is licensed as part of the Hosted Email Service.

Size of Mailbox
Each mailbox has a storage capacity or limit.   This is done to protect your account and others from potentially large volumes of email sent to a single address that could disable or halt the email system server. Additional storage can be purchased by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it It is the end-user’s responsibility to ensure that his/her mailbox does not reach capacity. is not responsible for email lost due to full mailboxes. You will receive alerts if your mailbox is approaching it size limit. You must take action to delete email or your account will be suspended until your storage falls below your permitted maximum. is not liable for emails which are undeliverable in the case you exceed your storage. Default storage size is 2 Gigabytes. Storage may be increased for a small fee. Email This e-mail address is being protected from spambots. You need JavaScript enabled to view it for additional cost information.

It is the end-user’s responsibility to keep his/her password confidential, and to change the password on a regular basis. is not responsible for any data losses or security issues due to stolen passwords. recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). support does not have access to viewing existing passwords. For security reasons, support can only reset passwords.

Cancelled Accounts
Upon cancellation, your email and contact data located on’s servers may no longer be available.  It is the end-user’s responsibility to retrieve this data prior to the request for cancellation of the service. cannot guarantee retrieval of data once an account is cancelled.

Hosted Exchange Backup Policy:

Nightly Disaster Recovery Backups (included) conducts nightly disaster recovery backups where we backup each mail store every night.  This is the industry standard method of backing up hosted Microsoft Exchange Server data.  A mail store is the email database that contains numerous mailbox account.  This disaster recovery backup is used if a mail store becomes corrupted or fails for another reason.  This protects the customer in the event suffers a system failure or other event that requires the recovery of an entire mail store. Due to the nature of this backup technology, our engineers are not able to restore data from an individual mailbox.  If a customer deletes items inadvertently, they may be able to recover those items via the Deleted Item/Mailbox Retention feature below.  Customers who need the ability to restore individual user data from a backup should consider the Archiving and Compliance solution by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Brick Level Backups (not offered)
The base Hosted Email Service does not include nightly "Brick Level" backups.   We apologize but does not offer Brick Level backups. utilizes industry standard practices in backups and restoration of Hosted Exchange data.

Deleted Item/Mailbox Retention (included)'s servers are configured to keep a cache or live backup for a period of 7 days containing deleted items and 30 days for deleted mailboxes.   If a user deletes an item from their mailbox the system will let them restore it via Microsoft Outlook®.     To recover the deleted item, the item has to actually have been deleted – i.e. if a user "drags" the data or otherwise exports the data off the server, the system does not treat this as a delete. In that situation the data may not be recoverable. Additionally if a customer deletes an entire mailbox we can attempt to restore the mailbox by recovering via the deleted items folder.   Deleted Item/Mailbox retention protects the customer in the event they execute a delete command against an individual mailbox or individual mailbox data.