Email Hosting Terms of Service

These Terms of Service are a part of the Email Hosting contract or agreement between Client and Pavlov Media, Inc (d/b/a Campus Communications Group a.k.a. CCG). (“Pavlov Media” or “Company”) as more particularly described below:

  1. Agreement. These Terms and Conditions shall apply to all Email Hosting Services provided by Company to Client throughout the entire initial Term and all Renewal Terms. The entire Agreement consists of the following: the Order (described below in Section 2), these Email Hosting Terms of Service, and General Terms and Conditions (described below in Section 15). Collectively these documents (whether generated physically or available online) form the entire agreement between Company and Client concerning email hosting and are referred to herein collectively as the “Agreement” and supersede any other agreement previously established between Client and Company. If there is a conflict between various provisions of the Agreement, the terms shall govern according to the following order of precedence: 1) the Order, 2) these Terms of Service, 3) the General Terms and Conditions, and 4) any terms incorporated by reference by any of the foregoing documents such as applicable policies.  The terms contained in any other transactional document, form, or notice provided by Client shall not be a part of the Agreement, even where Client’s customary business practices require a showing of assent to such terms by Company such as by signature or reference in an invoice.
  • Order, Authorized Users, User Portal
  • Company provides a User Portal online, which is available to Client for the purpose of managing Client’s account, requesting support, or submitting or modifying Orders. An Authorized User may submit a request for Products and/or Services in the User Portal. Such a submission is an Order, and submitting an Order to Company constitutes acceptance by Client of these Terms of Service, the online General Terms and Conditions and any other document which is a part of the Agreement as defined above. No Order shall be deemed to be accepted by Company until Company sends Client an email notification of acceptance of the Order.
  • An Authorized User is an individual or entity designated by Client via the User Portal that may access the User Portal and act on behalf of Client for the purpose of managing Client’s account, requesting support, or submitting or modifying Orders. Client is responsible for managing the Authorized Users and keeping them up-to-date. Client authorizes Company to provide all applicable support and account information to Client’s Authorized Users and to make modifications to the Services at their direction.
  • Client may only add, modify, or remove Authorized Users through the User Portal. Company will not do so on Client’s behalf, and Company will only provide support, assistance, and information to Authorized Users who can verify their identity through the User Portal. Notwithstanding the foregoing, if Client pays for the Services with a credit or debit card, Company may remove that card as a payment method at the request of any individual who is able to provide reasonably satisfactory evidence that he or she is the named individual or an Authorized User for a named business on such credit or debit card.
  • Client will require Authorized Users to abide by the terms of the Agreement, and Client acknowledges and agrees that Client is fully responsible for the actions and omissions of the Authorized Users and for all costs, overages, or other liabilities incurred through Client’s account except to the sole extent that any such use or liability is the result of Company’s breach of the Agreement. An Authorized User, within the scope of permissions granted to such Authorized User in the User Portal, may make changes to the Services, and Client agrees to pay any Fees associated with such changes. Client shall promptly notify Company in the event that Client becomes aware of any violation of the terms of the Agreement or any unauthorized use of the accounts of Client or Client’s Authorized Users.
  • Products and Services.  Products and Servicesare to be provided as described in the Order. The fees for products and services, as well as provisions for invoices and due dates are set forth in the Order.
  • Term and Automatic Renewal.  The initial term of this Agreement is set out in the Order. Unless the Products and Services are terminated as described below or the automatic renewal option is not timely disabled in the User Portal, the Agreement shall renew for subsequent terms of length equal to the initial terms set out in the applicable Orders unless Company, in its sole discretion, determines not to do so. For terms of three months or longer, the Services must be canceled, or the automatic renewal option must be disabled, by at least 15 days prior to the end of the term. For terms of less than three months, the Services must be canceled or the automatic renewal option must be disabled by at least 7 days prior to the end of the term.
  • Termination/Default.  If Client seeks to terminate this Agreement, Client will do so through the User Portal. Either party may terminate this Agreement for any material breach by the other party, provided the breaching party has been given written noticeand a 30-day opportunity to cure the breach. However, in the case of any breach of the financial obligations under the Agreement, written notice and a 20-day opportunity to cure the breach shall be provided. 
  • Fees.
  • Taxes and Surcharges: All fees and charges exclude federal, state, and local taxes, fees, and surcharges, and other charges as may be delineated on invoices. All fees must be paid in advance for the entire term or renewal term described in Section 4. If the fees are not paid in advance, Company may, in its sole discretion, terminate this Agreement.
  • Suspension, Reactivation Fees and Related Charges. Notwithstanding anything herein to the contrary and without prejudice to any other rights Pavlov Media may have under this Agreement or otherwise, including Pavlov Media’s rights to terminate the Agreement, and without limiting Client’s obligation to make payments due under this Agreement, Pavlov Media may, without liability, suspend or terminate its performance under this Agreement if Client is in breach of the Agreement  including breach of the obligation to timely pay invoices.  If Client requests to resume Products and Services after any suspension, Pavlov Media may require Client to pay a reactivation fee. If Client reinstates any or all Products and Services after disconnection, Pavlov Media may require Client to pay a service activation fee. These fees are in addition to all past due charges and other fees. Reactivation of Products and Services is subject to Pavlov Media’s credit policies, the Agreement and applicable law.
  • Use of Services.
  • Client may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the services (“User Content”). User Content includes any content posted by Client or by Client’s End Users of Emails hosted through the services (“User Emails”). Client is solely responsible for any and all User Content and any transactions or other activities conducted on or through User Emails. By posting or disclosing User Content on or through the services, Client represents and warrants to Company that (i) Client has all necessary rights to display and disclose such User Content, and (ii) Client’s posting or disclosure of User Content does not violate the rights of Company or any third party.
  • Company shall not exercise control over and accepts no responsibility for User Content or any other information passing through Company’s services. The Company may monitor User Content, but is under no obligation to do so. If Client or Client’s End Users post or publish any material in violation of the Agreement, or otherwise violate the Agreement, in order to resolve the issue, Company reserves the right to review User Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Emails and suspension or termination of any and all services with no refund. Client hereby agrees that Company shall have no liability due to or arising out of any corrective action that Company may undertake.
  • Client Responsibilities; Technical Support.
  1. Client is responsible for administering the email service, including adding mailboxes, adding wireless or other service components, adding storage capacity, managing settings, and configuring spam filters unless Company agrees in writing to administer such changes and features. If Company agrees make changes to the email service for Client, there may be a delay between the date upon which Client requests a change and the date upon which such change is applied. If Company agrees to apply a custom transport rule to the email service on Client’s behalf,Client agrees that Client is responsible for the consequences of such custom transport rule.
  2. Client agrees that technical support may require Company access to User Content. Client is solely responsible for any instructions provided to Company as part of a technical support request. Client understands and agrees that any modifications performed in order to address a technical support issue may affect the functionality of User Email and/or services. It is Client’s responsibility to ensure that the services are operational and configured to Client’s needs once Company completes work on a technical support request.
  • Limitations on Email Services.
  • Filtering. Company provides certain services designed to filter unwanted incoming email, such as spam, phishing scams, and email infected with viruses and designed to filter outgoing email, such as email containing certain Personal Data (the “Filtering System”). Client acknowledges that the technological limitations of such filtering services will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses or containing Sensitive Data. Email that is quarantined by the Filtering System is excluded from the service level provisions of section 10 below.
  • Delivery Failures. Company shall use commercially reasonable efforts to deliver Client’s email messages. Third party filtering services may from time to time prevent successful delivery of Client’s messages.
  • Client hereby releases Company and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of the Filtering System to capture unwanted email or from the capture of legitimate email; or from a failure of Client email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.
  • Client hereby acknowledges that Company is not responsible for any loss of data or any other liability or damagesfrom use of third-party software to access or manage the email services.
  • Memory Limitations. Mail that exceeds the storage limit when received may be permanently lost. Client may adjust the storage capacity of Client’s individual mailboxes via the control panel, and it is Client’s obligation to monitor and adjust the storage capacity of individual mailboxes as needed. Enabling features of the email service designed to prevent deletion of emails may cause Client to consume increased storage capacity, may cause additional storage fees to be incurred, and may fail if Client does not have adequate storage capacity. An individual email message that exceeds the per-message size limit of 50MB (including attachments) may also be permanently lost.
  • Email Sending and Receiving Limits. Client acknowledges that the email servicesare not designed for sending and receiving a high volume of email messages. Company may limit the number of email messages that a Client may send and receive and the number of recipients per email message sent over a given time period, as determined by Company in its reasonable discretion. Company reserves the right to make changes to such limits at any time without prior notice to Client. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the Agreement.
  • Unsolicited Mail. Client may not send email to anyone with whom Client does 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 email.
  • System Abuse. Client may not use the email services in a way that creates technical disturbances for other CompanyClients or for the Company systems generally.
  • 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. Client may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes.
  • Automated Use. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs and such use is not supported.
  1. Service Level. To the maximum extent applicable under national law and without affecting Client’s rights as a Consumer, this provision governs Client’s sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
  1. Company guarantees network uptime 99.9% on an annual base. If the guaranteed network uptime does not reach this level, Client will be compensated as follows:
  2. 99.9% – 99.00% uptime: 1 month of free hosting.
  3. An additional month of free hosting for every 1% of uptime lost below 99.00%.
  1. Client may check the status of Client’s hosting server uptime from Client’s User Portal. Client may contact Company’s customer service team if Client believe an SLA event has occurred. Compensation is limited to the length of Client’s current Term, but cannot exceed twelve months.
  1. The following events do not count towards Company’s calculation of uptime:
  2. Scheduled Maintenance, meaning any maintenance for which we provide reasonable notice or coordination with Client in advance of the maintenance;
  3. Emergency Maintenance, meaning any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems;
  4. Beta Services, meaning any services which are clearly and conspicuously designated by Company as Beta Services or as in early stages of testing or development;
  5. Force Majeure, meaning all events beyond Company’s control as more particularly described in Company’s online General Terms and Conditions; and
  6. Actions or Omissions caused by Client, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Company’s recommendations or advertised limits.
  1. Company’s calculation of network availability is based on Company’s internal records. Company will not accept third-party reports as evidence that Client is entitled to compensation under this provision.
  1. Additional Services
  2. If Client registers, renews or transfers a domain name through Company, Company will submit the request to its domain name services provider (the “Registrar”) on Client’s behalf. Company’s sole responsibility is to submit the request to the Registrar. Company is not responsible for any errors, omissions or failures of the Registrar.Client’s use of domain name services is subject to the applicable legal terms of the Registrar.Client is responsible for closing any account with any prior reseller of or registrar for the requested domain name, and Client is responsible for responding to any inquiries sent to Client by the Registrar.
  • Migration Services. At Client’s request, Company shall provide an advance estimate of fees based on the information Client provides to Company. Client acknowledges that Company’s fee shall be calculated on the basis of the actual number of mailboxes and amount of data migrated and may exceed the estimate. Client acknowledges that after Company begins the migration services,Company may discover technical limitations related to the configuration of Client’s data that prevent Company from successfully completing the migration. Company shall not charge Client a fee if Company is unable to successfully migrate Client’s data. Client acknowledges that there is a special risk that data will be lost during a migration. Client agrees that Client shall create a reliable back up of all data to be migrated prior to the time that Company begins the migration. Client agrees that Company is not liable to Client for damages resulting from the loss or corruption of Client’s data as part of the migration.
  • Records Retrieval. Client may recover deleted messages via the webmail interface for up to 14 days from the day deleted. Client may also recover deleted mailboxes via the User Portal for up to 14 days from the day deleted. Client is responsible for retrieving or backing up any mail data prior to Client’s termination of the Services or deletion of a mailbox.
  • Archiving and Email Retention Services. Archiving and email retention services shall capture only the email that Client sends or receives after the date that the archiving or email retention services are implemented. Upon termination of Client’s account for Mail Services, or Client’s archiving or email retention service, Company shall destroy Client’s archived data unless Client has made other arrangements with Company.
  1. Security.
  1. Client agrees to (i) provide accurate, current and complete information about Client and Client’s organization (if applicable) as requested by Company; (ii) maintain the confidentiality of Client’s password and other information related to the security of Client’s account, if applicable; (iii) maintain and promptly update the information provided to Company, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of Client’s account and for any actions that take place through Client’s account.
  • Client acknowledges and accepts that, despite the security measures Company takes in connection with the services, the services may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms, Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion, and Client acknowledges and agrees that Company shall have no liability to Client for any damage or loss that Client may incur due to such corrective action.
  1. GDPR Compliance. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in Client’s jurisdiction, and with respect to Client’s End Users’ personal data, Client acknowledges and agrees that Client is the Controller (as that term is defined in the GDPR), and Company is a Processor (as that term is defined in the GDPR) insofar as Client may store personal data through use of Company’s services only as permitted and subject to the terms of this Agreement. Client also acknowledges and agrees that Client is responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent that the GDPR applies to Client, Client represents and warrants that in using our services, Client will ensure Client has a legitimate legal basis to transfer such personal data to Company and that Client has the necessary permission to allow Company to receive and process (e.g., store) such personal data on Client’s behalf. Client permits Company to employ subcontractors as necessary to provide the services described in this Agreement.

  1. 14.    LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES TO CLIENT CONCERNING ANY SERVICE(S) OR FACILITIES, AND COMPANY HEREBY EXCLUDES AND DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY EXPRESS OR IMPLIED WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGE OF THE TRADE. CLIENT ACKNOWLEDGES COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY AND CLIENT SHALL IN NO EVENT BE LIABLE TO EACH OTHER, OR TO ANY PERSON OR PARTY USING ANY EQUIPMENT OR SERVICE PROVIDED UNDER THIS AGREEMENT, OR TO ANY PERSON OR PARTY TO WHOM EQUIPMENT OR SERVICE IS PROVIDED HEREUNDER, FOR LOSS OF TIME, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF CUSTOMERS OR GOODWILL, INCONVENIENCE, LOSS OF USE OF ANY EQUIPMENT OR PROPERTY DAMAGE CAUSED BY ANY EQUIPMENT OR SERVICE OR FAILURE TO OPERATE OR PERFORM PROPERLY, OR FOR ANY OTHER INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING IN ANY MANNER OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM, OR THE USE OR PERFORMANCE OF ANY EQUIPMENT OR SERVICE. IN ADDITION, COMPANY SHALL NOT BE LIABLE IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT THAT IS THE SUBJECT OF ANY SUCH CLAIM. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR PARTIAL FAILURE OF ANY THIRD-PARTY EQUIPMENT INCLUDING, BUT NOT LIMITED TO, INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF ANY PRODUCT OR SERVICE PROVIDED BY COMPANY AND/OR BATTERY BACKUP. IN ANY EVENT, CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD.
  1. Online General Terms and Conditions. This Agreement is subject to the online General Terms and Conditions which are incorporated in full by this reference. These online terms are applicable to all Products and Services provided to Client by Company. The General Terms and Conditions contain important information concerning matters such as, but not limited to: Client Responsibilities, Service Limitations, Ancillary Service Limitations, Use of Services, Indemnification, Confidentiality, Governing Law, Jurisdiction, and Venue, Attorneys’ Fees, Severability, Force Majeure, Waiver and Assignment. These online terms are available at www.pavlovmedia.com/generalterms, and also will be sent by email, regular mail or fax to the Client upon request. By submission of an Order as provided in Section 2 above, Client certifies that it has read and agreed to the General Terms and Conditions and specifically understands that same are a part of Client’s contractual agreement(s) with Company and accepts same. The General Terms and Conditions are subject to change, and the General Terms and Conditions in effect at the time of each new Order shall be those on the Email at the time of such Order.
  1. 16.    Notices. All Notices provisions as described herein shall be provided as follows:
  1. for notices provided by CLIENT to COMPANY: by an Authorized User via the User Portal.
  2. for notices provided by COMPANY to CLIENT: by email to CLIENT via the email address as provided by an Authorized User via the User Portal.
  1. Representations and Warranties of Client: Client represents, warrants and agrees that:
    1. Client has full power and authority to enter into this Agreement and to meet the terms and conditions of the Agreement, to grant any licenses provided in the Agreement, and the authorized user entering an Order accepting the terms and conditions of the various documents and policies collectively constituting the Agreement on behalf of Client is authorized to bind Client.
    1. Client is under no obligation, contractual or otherwise, that would prevent Client from performing its obligations under this Agreement
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