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ICEWARP CLOUD - TERMS OF SERVICE

Last Updated: March 27, 2023 (Data Processing Agreement is now a separate document accessible from General Terms of Service; Governing law & jurisdiction corresponds to country of data residency)

Please read these Terms of Service carefully before accessing or using IceWarp services described below.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ICEWARP LIMITED AND ITS SUBSIDIARIES (hereinafter “We” or “IceWarp”) GOVERNING YOUR USE OF ICEWARP SUITE OF BUSINESS EMAIL AND COLLABORATION SOFTWARE AS A SERVICE (hereinafter “Services”). By accessing or using the Services you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy , and at the same time express your willingness to meet all the requirements arising out of this agreement at all times while you use the Services. To do so, you must review the most current version of the Terms, which may be amended from time to time.

Acceptance of the Terms

You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services.

What is IceWarp Cloud

We provide a wide range of services under the mark “IceWarp Cloud” or “IceWarp Suite” for email, file storage, online collaboration and real-time communication in teams, as well as corresponding client and productivity applications including document, spreadsheet, presentations editing tools ("Service" or "Services"). You may use these Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services or using provided offline applications, provided to you under separate license agreements. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services, as well as pay any license fees for software that you use for accessing the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content with users from your organizations or with external users.

Free Trial

IceWarp makes every effort to ensure that you are 100% certain that IceWarp Cloud and all related products meet your requirements exactly before you pay for the Service, by providing you a free trial period of 14 days after the account registration, which can be optionally extended by another 14 days subject to IceWarp’s approval and provided that you duly comply with all Terms thereof. The Free Trial is limited by period of time, by number of users, by available features and otherwise. Its use may be conditioned by additional restrictions intended to prevent abuse, and such features and conditions can be amended at any time without notice. If you aim to use our Services in production, we strongly recommend upgrading to a paid plan before you do so.

Subscription Fees

Our Services are provided on a commercial subscription basis that automatically renews at the end of each billing cycle. You may select one of the Subscription plans according to the level of Service you need; or you can select the Subscription plan for each user individually (in case of plans combination). You will be billed at the end of the billing cycle on a recurring basis, such as monthly or annually, unless you downgrade your paid subscription to a free plan or cancel the subscription. The fees you will be charged for the Subscription are a) equal to the Subscription plan’s price multiplied by peak number of users within the billing cycle; or b) the summary thereof for each Subscription plan (in case of plans combination). If the amount shall not exceed the price for 10 users of the least expensive Subscription plan, you will be charged the minimum fee although the invoice will show your actual usage.

When downgrading the plans, you automatically lose access to features not present in the plan you are downgrading to, and will be subject to restriction of available storage space you may keep after the downgrade, which will not apply until the expiry of your then current billing cycle. When changing a user’s Subscription plan (in case of plan combination), the Subscription fees will be charged according to the higher Subscription plan for the entire billing cycle.

Annual Commitment

If given an option to prepay for the period of one year, the Service will be limited to only one selected Subscription plan and maximum number of users for the entire duration of the one-year billing period. When upgrading the Service to a higher plan or when adding users during the year, the upgrade fees will be calculated till the end of the billing period.

Free Services

We may offer certain Services for the purpose of testing and evaluation for free ("Free Trial" or “Free Services”). You agree that we have the sole authority and discretion to determine the period of time for your free testing and evaluation of the Services. We can anytime amend the features and conditions of the Free Services and prematurely terminate your account and delete all data associated with it. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any of the Free Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Free Services with or without notice to you. You agree that IceWarp will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, termination, suspension or discontinuance of any of the Free Services for any reason. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Payments

At the time of automatic renewal, the subscription fee will be charged to the Credit Card registered during the initial sign up. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card, or if the card’s expiry date is approaching. If you do not wish to renew the subscription, you must cancel it prior to the renewal date, regardless of the payment method, card’s expiry date or card’s credit balance. If you have not downgraded to a Free Service or if you have not canceled the subscription in administration, you will be presumed to have authorized IceWarp to charge the subscription fee. We will provide an additional grace period and send you a notice in case your payment is overdue, upon expiry of which the Service will be suspended and your account may be eventually terminated. Failure to pay the subscription fee, delays on your part or account termination due to non-payment, do not cancel your obligations to pay for the Service. Temporary suspension of the Service due to non-payment or non-compliance with the Terms does not limit your obligation to pay the subscription fee in full.

Your credit card information provided during the account registration or when switching from free (trial) to paid plan will be collected and stored by the payment processor designated by IceWarp; IceWarp itself will only have access to the last 4 digits of your credit card number. To verify the credit card information for accuracy and legitimacy, the processor would place either a $0.00 or $1.00 authorization on the credit card. Despite some banks may show it as pending charge this is only a temporary block on the cardholder's account that will not be actually charged.

Payments for subscription plans of duration of less than one year or less than U.S. $10,000 (or other currency equivalent) can be made only by Credit Card or PayPal. Other supported payment methods include a purchase order, that may be subject to further conditions, check (available in the U.S. only) and wire transfer.

Price Changes

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. We will communicate any price changes at least 90 days in advance and if the prices have changed significantly from the last applicable amounts, you may cancel the Service without further penalty to you. Your continued use of the Service after the effective date of the price changes will be deemed to be your agreement to the then-current price which will become applicable starting with the next billing period.

We reserve the right to cancel any subscriptions and terminate your account prematurely and without compensation if the subscription price, taxes, charges, amount formats or currency is incorrect in our sole discretion, such as due to various errors within the billing system or in case the billing system has been temporarily circumvented by any person to provide a benefit of lower than intended and lawful prices.

Refund Policy

You can use the Service free of charge and evaluate it for a limited period. If the Service meets your exact needs and you wish to continue to use it, you may select one of the paid subscription plans. If for some reason the Service does not meet your requirements, you are under no obligation to purchase and you simply let the trial period run out. When the trial period runs out, all your data will be wiped out, except for your registration details to avoid comeback to the free trial.

Once we have provided the Service to you, there is no physical product to return to us. Thus we cannot accept refunds for paid plans of the Services that have already been delivered for full or for part of the Subscription period. In case the Subscription is for 1 month and the 1st day of the billing cycle has already started, the monthly charge will not be refundable. In case the Subscription is for 1 year and the 1st month of the billing cycle has already started, the annual charge will not be refundable.

When We Modify Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, we will attempt to provide you with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing IceWarp notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

Your Obligations When Registering an Account

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate use, we require that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. Where possible, we require that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if IceWarp has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, or if the selected usernames and/or domain names resemble or infringe on trademarks not owned by you, IceWarp may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that IceWarp is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. In the absence of any specified administrator account recovery process, IceWarp may provide control of an administrator account to an individual providing satisfactory proof to IceWarp demonstrating authorization to act on behalf of the organization. You agree not to hold IceWarp liable for the consequences of any action taken by IceWarp in good faith in this regard.

Personal Data and Privacy

Personal information you provide to IceWarp through the Service is governed by IceWarp’s Privacy Policy. Your election to use the Service indicates your acceptance of the terms of IceWarp’s Privacy Policy . You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by contacting Support or by calling us on any of the numbers listed on www.icewarp.com/company/ . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from IceWarp

The Service may include certain communications from IceWarp, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Advertising

Free Services may display third party advertisements within the interface not related in any way to the Services. Throughout your use of the Service, IceWarp may place advertisiments within the Service interfaces in a manner appropriate to either free or paid usage, promoting its Service plans, complimentary products and services, as well as solicit them in other Service related communication.

Prohibited Use

The Services may only be used for lawful purposes. We reserve the right to terminate your access to the Services without compensation if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity, for spamming or was trying to circumvent the Services’ security.

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (iv) use all reasonable efforts to protect from prohibited use of the services and promptly notify IceWarp of any prohibited use of, or access to, the Services of which you become aware.

Illegal Activities

You may not (i) violate the security or integrity of any application, computer system or network device, and not attempt to gain unauthorized access to, compromise, scan or test the normal functioning, operation or security thereof; gain unauthorized access to the user accounts or passwords of other users of any system; (ii) monitor or eavesdrop any data, information or communications on any network or system not owned by You without authorization; attempt to intercept, redirect or otherwise interfere with communications intended for others; (iii) avoid the use limitations related to the Services, such as user, feature and storage restrictions, alter your or other user’s credit balances or attempt to influence the normal consumption of credit; (iv) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of IceWarp; engage in any activities that may interfere with the ability of others to access or use the Services, their system, or the Internet; (v) violate any applicable local, state, national or international law, export control laws or regulations; (vi) fraudulently conceal, forge or otherwise falsify your identity, email address or IP address to mislead any person as to the identity or origin of any communication connected to use of the Service; (vii) advertise, transmit, or otherwise make available gambling sites or services through the Service; (viii) offer or disseminate fraudulent goods, services, schemes, or promotions or engage in other deceptive practices and fraudulent activies by the means of the Service; (ix) obtain unauthorized access to the user accounts or passwords of other users of the Service; (x) operate insecure network services like open mail relays or facilitate unauthorized access to the Services by using weak passwords and low or inexistent security policies.

Illegal Content

You agree to be solely responsible for the contents of your transmissions through the Services. You may not use the Services for illegal purposes or for the transmission of illegal content, i.e. material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, worms or malicious code that may damage, interfere with or intercept system, program, or data, or that which infringes or may infringe intellectual property or other rights of another.

Spamming

You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email or bulk email to addresses obtained from users without their consent where opt-in is required by law. Spamming in a broader sense further includes but is not limited to arranging a third party to transmit unsolicited mass or commercial email on your behalf, collecting responses from unsolicited mass email, redirecting bounce-backs to users of the Service, transmitting a large amount of email to users of the Service with the intention of impairing their use of Service, using another party's mail server to relay email without their permission, posting large amounts of off-topic messages to group chats, using disruptive number of hashtags and mentions, cross-posting a message across multiple rooms or posting any commercial messages or advertisements. Spamming activities, as may be facilated by email, but also by chat, group chat and text messaging, as well as unsolicited calls, are strictly prohibited during your use of the Service.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the Internet and may be indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that IceWarp will have the right to block access to or remove such content made available by you, if IceWarp receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by IceWarp for this purpose.

Your Intellectual Property Rights

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant IceWarp the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for IceWarp’s commercial, marketing or any similar purpose. But you grant IceWarp permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you, particularly, system administration and data backup.

If you believe that your trademark or copyright rights have been violated by any user of the Service, please send us a notice at the address disclosed below.

Confidentiality

IceWarp engages to keep confidentiality about all facts and data of its customer. This undertaking shall survive the termination of the agreement. The undertaking specified in this paragraph shall not apply to information disclosed by IceWarp to a subcontractor by reason of the performance of the Services and information disclosed to a third party in order to fulfill its legal obligations. IceWarp is eligible to monitor the operation of the Services use as well as to engage other appropriate technical resources therefor with the objective to improve the provision of Services, to find or examine the misuse of Services.

DMCA Takedown Notice

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials shared by users of the Service infringe your copyright, you (or your agent) may send IceWarp a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send IceWarp a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Our designated copyright agent for notice of alleged copyright infringement appearing in the Service depends on the country where we store your data and is specified below.

ICEWARP INC

6225 BRANDON AVE

STE 310

SPRINGFIELD, VA 22150-2524

UNITED STATES

ICEWARP GMBH

YORKSTR. 1

93049 REGENSBURG,

GERMANY

ICEWARP CZ/APPTC.ME, S.R.O.

THAMOVA 18,

PRAGUE 8

CZECH REPUBLIC

MULTIWIRE SRL

VIA A. STOPPANI, 15

12100 CUNEO

ITALY

For all other countries not listed above:

ICEWARP LIMITED

GEORGIOU GENNADIOU 43

3041 LIMASSOL

CYPRUS

Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy IceWarp in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by IceWarp to the complainant.

Trademarks

All of the text, images, logos, software, trademarks, service marks or other material contained on our website and in our products and services are owned by IceWarp or its affiliates or the respective third party licensors that may be mentioned for identification purposes only. Your use of and access to our Services does not grant you any license or right to display or use in any way any of the aforementioned marks, without prior permission of the respective owner.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ICEWARP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ICEWARP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ICEWARP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT ICEWARP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ICEWARP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ICEWARP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless IceWarp, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by IceWarp.

Governing law & jurisdiction

The choice of governing law and jurisdiction depends on the country where we store your data and is specified below. Application of the conflict/choice of law principles of the governing law is excluded. You may have other rights, including consumer rights, under the laws of your state or country of residence. In any case, application of the UN Convention on Contracts for the International Sale of Goods to all rights and claims arising from or related to these Terms is excluded.

1. United States (D.C. CoreSite)

The Terms will be governed by the laws of Virginia.

All disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitrators must not necessarily judge according to the strict law but as a general rule ought chiefly to consider the principles of practical business and subject matter of these Terms.

2. Germany (D.C. Hetzner Online)

The Terms will be governed by English law.

All disputes arising from and in connection with these Terms shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court. The language of the arbitration proceedings shall be English. The arbitration award shall be final and binding and will be published in English.

3. Czech Republic (D.C. TTC Teleport)

The Terms will be governed by Czech law.

All disputes arising from and in connection with these Terms shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court. The language of the arbitration proceedings shall be English. The arbitration award shall be final and binding and will be published in English.

4. Other Countries

The governing law is stated in the corresponding service agreement with the corresponding IceWarp partner from which you acquired the service and who is responsible for the service operation. If none is stated, the same governing law and jurisdiction will be applied as for the Germany data center above.

Data Residency

Notwithstanding the choice of the data center from where the Service will be provided, subject to applicable legislation, IceWarp may provide the service from anywhere in the world and may, at any time, transfer the provision of the service from one location to another. You are solely responsible to research the different data residency policies applicable for any country from where IceWarp may provide the services, and establish in a separate service level agreement where your data can and cannot be stored.

Suspension

We may suspend your user account or temporarily disable access to whole or part of any Service in case of unpaid Service fees, in the event of any suspected illegal activity, as a result of extended periods of inactivity or upon requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to Support within thirty days of being notified about the suspension.

Termination

We reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms, if your account has been suspended for more than 30 days without remedy that caused the suspension, and to terminate your access to any Free Services in case of unexpected technical issues or discontinuation of the Free Service. Further, we reserve the right to terminate unpaid accounts upon expiry of additional 30 days period to settle the account, and free service accounts that are inactive for a continuous period of 30 days. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

You have the right to terminate your user account if IceWarp breaches its obligations under these Terms and only in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password, deletion of all data in your user account, and, if your account is an administration account associated with other user accounts, termination thereof and deletion of all their data.

Data Deletion Policy

Infringed content removal will be made without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, IceWarp will also terminate a user's account if the user is determined to be a repeat infringer.

In the event of aforementioned account termination, all data and users associated with such account will be deleted. We may provide you prior notice of such termination and option to download your data.

Data Retention

IceWarp keeps copies of your data for a maximum amount of 3 days to enable rollback in case of accidental data deletion. After data deletion following an account termination, we will no longer keep any backups allowing to recover the deleted data or restore your access to the Service.

Questions

If you will have any questions regarding your legal agreements and its provisions, please don’t hesitate to contact Support .

Notices

Our notices regarding your use of the Service will be sent to your account’s primary email address you or your administrator has established during the first registration.

Service Level Agreement

Your use of the Services is subject to the following criteria for service level commitments under the highest quality of customer service.

Service Availability 99.9% (allowed Downtime of 43 minutes per month)

Support Availability 24 hours per day, 365 days per year

Response Time 2 Hours to Severity 1 and Severity 2 Issues

Planned Outage Notification Period 5 Business Days (Unless for Emergency)

Business Hours 09:00 – 17:00, Monday – Friday (excl. Public Holidays)

Backup Schedule Once per Day, 3 Days Rollback

Downtime means any interruption to availability of Services exceeding 10 minutes, excluding interruptions resulting from:

Uptime Warranty

If the total downtime recorded within a calendar month after deducting the above interruptions and deducting any brief outages of less than 10 minutes exceeds the allowed 43 minutes, you are eligible for free credit for the Service upon submitting a claim for the discount within 14 days after the end of the month in which the major interruption to service availability occurred.

Free Credit

The free credit will be calculated from the Service fees prorated by number of days when the excessive downtime occurred. Such free credit cannot be claimed where your payments of Service fees are not current. The free credit is your only remedy in regards to service availability and needs to be consumed within the following two months. If the Service availability does not satisfy the 99.9% standard for two consecutive months, you may terminate your use of the Services before the end of the billing cycle and be entitled to prorated refund of any unused portion of any prepaid fees. The Free Credit is non-refundable and cannot be exchanged for money.

Service Upgrades

We are constantly improving the Services. We may add or remove functionalities or features at any time. We will use best effort to inform you in advance of major service upgrades. You may not opt out from the modifications of Service and may not choose when upgrades come into effect.

Storage Limits

IceWarp Cloud provides ability for the organization to adjust its storage requirements on demand. Initial mailbox and file storage settings are chosen to conserve space (Standard 100GB, Professional 500GB), but can be expanded within the plan’s limit (1TB, 5TB respectively) for no additional fee, by request to Support .