Terms of Service - Prior to 5/9/08

This page contains the Terms of Service for:

1. Mailtrust Customers to purchase and use Email Hosting Services;
2. Mailtrust Customers to purchase and use Email Marketing Services;
3. Resellers to qualify to sell Email Hosting Services and Email Marketing Services to their own Reseller Accounts; and
4. Resellers to enable their Reseller Accounts to use the Email Hosting Services and Email Marketing Services.

By initiating an order with Mailtrust, LLC you are promising:

• if you are a Mailtrust Customer, that you have read, understand and agree for yourself and your users of the services to be bound by the terms, conditions, and policies set forth herein except those applicable only to Resellers;
• if you are a Reseller, that you have read, understand and agree to be bound to all the terms, conditions, and policies set forth herein applicable to both Mailtrust Customers and specifically to Resellers, and that you will resell Email Hosting Services and/or Email Marketing Services only in compliance with these Terms of Service.

Definitions

In this Terms of Service the following terms will be used and have the subsequent definitions assigned to them:

• Control Panel: a website and application programming interface (API) that allows Customers, Resellers, and Reseller Accounts to manage their account settings online.
• Customer(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services directly from Mailtrust, including Resellers.
• Data Backups: a storage system that stores a secondary copy of most customer data for the purpose of recovering emails and other data that may become lost or damaged due to User errors or system failure.
• Effective Date: the date an order for Email Hosting Services or Email Marketing Services is submitted to Mailtrust by a Customer and payment has been received for the first month's services; and in the case of Resellers, the date the Reseller is approved by Mailtrust and a properly executed order form has been received by Mailtrust.
• Email Hosting Services: the capability acquired from Mailtrust to send and receive email through the Internet, via SMTP, POP3, IMAP4, and HTTP protocols.
• Email Marketing Services: the capability acquired from Mailtrust to send permission based Bulk Email.
• Initial Period: the period commencing on the Effective Date and continuing for the amount of time selected by the Customer during the ordering process.
• Junk Email: spam, viruses, phishing scams, and other disruptive content.
• Renewal Period: each period equal and subsequent to the Initial Period for which this Agreement shall be automatically renewed on these Terms of Service unless and until this Agreement is terminated as provided herein.
• Reseller Account(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from Resellers.
• Reseller(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from Mailtrust for the purpose of reselling the services to their respective customers. Provisions pertaining specifically to Resellers override conflicting provisions applicable generally to Customers.
• Uptime Guarantee: guarantee by Mailtrust that the Email Hosting Services will be available 100% of the time during any calendar month, subject to and in accordance with the further provisions of this Agreement.
• User(s): user(s) of Email Hosting Services, whether purchased directly from Mailtrust or from a Reseller.
• Mailtrust Network: the network infrastructure, hardware and software used to provide Email Hosting Services and Email Marketing Services.
• Mailtrust: the company providing Email Hosting Services and Email Marketing Services pursuant to this Agreement.

General Terms for Email Hosting Services and Email Marketing Services

Modification of Terms of Service

Mailtrust may modify this Agreement at any time. Customer can reference http://www.mailtrust.com/tos for the most current version of this Agreement. Mailtrust will provide the date for the most recent modifications on the website. Material changes, as determined by Mailtrust, will be noticed to Customer (or, in the case of a Reseller, its Reseller Accounts) using any of the contact methods provided by Customer. The Customer's continued exercise of the rights provided by this Agreement, for five business days after notice of the modification is given (or after 90 days after notice is given in the case of modifications in pricing) will constitute an affirmative acknowledgement by the Customer that the Customer has read, understands and agrees with such modification at which time the modification shall be considered part of this Agreement.

Period of Performance

This Agreement shall become effective as to each Customer on the Effective Date. The Period of performance of this Agreement will commence on the Effective Date and will continue for the Initial Period. Thereafter, this Agreement will automatically renew for successive Renewal Periods unless and until this Agreement is terminated as herein provided.

Term and Payments

On or before the Effective Date Customer agrees to elect a term for this Agreement and a payment plan which will determine the amount and timing (e.g. monthly, quarterly or yearly) of Customer's payment obligations. The amount of such payments shall be determined according to the pricing schedule in effect on the Effective Date. These fees will remain in effect unless modified by Mailtrust in accordance with this Agreement. Customer's first payment shall be due on or before the Effective Date and remaining payments will be due and payable to Mailtrust in accordance with the selected payment plan, and will be automatically debited from such Customer's credit card prior to that date or, in the case of Reseller, paid in currently available funds, unless other payment arrangements are made with Mailtrust. Unless terminated in accordance with the other provisions of this Agreement prior to the expiration of the Initial Period or any Renewal Period this Agreement shall be automatically renewed for the same term and on the same payment plan as in effect for the immediately preceding term with the first payment hereunder due on or before the first day of the Renewal Period. Any payments not made when due will be subject to an interest charge of 2.5% per month, unless such rate of interest is not permitted by applicable law in which case, the interest charge will be the highest interest permitted by applicable law. If any required payment is not paid in full by Customer when due, Mailtrust may, in its sole discretion, disable Customer (and in the case of a Reseller, the Reseller Accounts) access to email until payment is received or this Agreement is terminated. Mailtrust reserves the right, in its sole discretion, to obtain a credit report on Customer at any time and from time to time.

Taxes

Customer shall be responsible for the payment of all taxes associated with this Agreement or its use or, in the case of Reseller Accounts, the sale of the Mailtrust Email Hosting Services (other than taxes based on Mailtrust net income) and the Reseller Account's use of Email Hosting Services, including, but not limited to, personal property taxes, import taxes, taxes on telecommunication services, information services, data processing services or similar governmental charges that may be assessed by any jurisdiction, whether based on gross revenue or delivery of products or services. If Mailtrust is required to pay any such taxes directly, Customer shall, upon receipt of the Mailtrust invoice, reimburse Mailtrust for any amount that Mailtrust has paid.

Right to Set-off

Mailtrust may, without limiting or waiving any other right or remedy against Customer, set off against and apply to any amounts, which are due, and owing to Mailtrust by Customer all amounts due and owing by Mailtrust to Customer until all amounts owing to Mailtrust have been paid.

Effect of Termination and Non-Renewal

In the event that this Agreement is terminated or Customer elects not to renew Email Hosting Services and/or Email Marketing Services with Mailtrust, Mailtrust will work to ensure a smooth transition for Customer and Customer's data. Customer data is maintained on the Mailtrust Network for 10 days. Customer must request an export of their data within 10 days of notifying Mailtrust of the termination or non-renewal. Mailtrust will use commercially reasonable efforts to make the data available to Customer within 14 days of the request. Payment for any obligation owed by Customer to Mailtrust must be rendered prior to the transfer of Customer's data export to Customer.

Termination

Either Mailtrust or Customer, who is not in material breach of this Agreement, may terminate this Agreement by giving the other party at least 30 days prior written notice specifying the date of termination. A Customer who terminates pursuant to the immediately preceding sentence shall be eligible for a refund of any prepaid fees applicable to a period (measured in full months) after the effective date of such termination.

Exceptions to the thirty-day notice requirement include:

1. Mailtrust may terminate this Agreement with immediate effect if Customer violates (or in the case of Reseller, any Reseller Account, causes a violation of) provisions of Customer's Responsibilities or violates (or causes a violation of) Mailtrust's Acceptable Use Policy or breaches (or causes a breach of) Customer's confidentiality obligations.
2. Customer shall be deemed to have automatically terminated this Agreement if Customer fails to accept any proposed modification by Mailtrust.
3. In the case of Email Hosting Services, Customer may terminate this Agreement if Mailtrust fails to comply with the Uptime Guarantee according to the provisions provided therein.

In the event Mailtrust terminates this Agreement on account of a material breach, Customer shall not be entitled to a refund of any amounts previously paid.

Notwithstanding any termination or nonrenewal, this Agreement shall remain in effect only to the extent that, and only for as long as, it is necessary to provide the parties with the ability to enforce the rights and remedies that are intended to survive termination or nonrenewal.

Either party shall have the right to terminate this Agreement in the event either party (a) terminates or suspends its business, (b) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute, (c) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority, or (d) has wound up or liquidated, voluntarily or otherwise.

Customer understands and agrees that in the event of a termination Mailtrust shall terminate service to a Reseller regardless of the commitments made by the Reseller to any Reseller Account, and Mailtrust shall have no liability with respect thereto.

Privacy Policy

Mailtrust will adhere to the Mailtrust Email Privacy Policy set forth at http://www.mailtrust.com/privacy and incorporated herein by reference with respect to the collection and use of Customer's (or Reseller Account's) personal information by Mailtrust.

Rights

Notwithstanding anything to the contrary stated herein, Mailtrust maintains all rights, title, and interest in the Email Hosting Services, Email Marketing Services, and all software applications underlying such Email Hosting Services and Email Marketing Services excluding any software applications acquired through commercial vendors or the open-source community. Unless Customer is a Reseller and qualified as such hereunder, Customer may only use the Email Hosting Services or Email Marketing Services for internal business purposes and may not use such services in a resale capacity or allow or share access to such services.

Mailtrust reserves all rights to use the Email Hosting Services and Email Marketing Services in whatever manner it chooses, including provision of identical or similar services to other Mailtrust customers. Nothing herein shall be deemed to restrict such rights.

Warranties

Mailtrust makes no promises or warranties that are not expressly provided in the other terms of this Agreement. In addition, Mailtrust does not warrant (a) that the functions contained in the Mailtrust Email Hosting Services or Email Marketing Services provided will meet Customer's (or in the case of a Reseller, any Reseller Account's) requirements or (b) that the operation of the Mailtrust Email Hosting Services or Email Marketing Services will be uninterrupted, accurate or error free.

EXCLUSION. THE WARRANTIES AND GUARANTEES EXPRESSLY PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT.

Indemnification

In the event that any suit is brought based on a claim that the Email Hosting Services or Email Marketing Services delivered by Mailtrust infringe any copyright, trade secret, patent or other property right of any third party, the exclusive remedy against and the only obligation of Mailtrust shall be for Mailtrust, at its sole option, (i) to defend Customer (and for Resellers its Reseller Account) against, and if determined appropriate in sole and exclusive judgment of Mailtrust, settle a claim of infringement, all at the expense of Mailtrust, or (ii) to procure the right of Customer to continue to use the Mailtrust Email Hosting Services or Email Marketing Services at issue, or (iii) to replace or modify the infringing portion of the Mailtrust Email Hosting Services or Email Marketing Services at issue so that it becomes noninfringing or (iv) terminate Customer's (or in the case of a Reseller, its Reseller Accounts') use of the Mailtrust Email Hosting Services or Email Marketing Services at issue and refund three months of fees paid by Customer for using Mailtrust Email Hosting Services or Email Marketing Services. Exclusions: Mailtrust shall not be liable for infringement claims based on (i) the combination, operation or use of Mailtrust Email Hosting Services or Email Marketing Services with hardware, data, content or software not supplied by Mailtrust; or (ii) modifications to the Mailtrust Software if the modifications were not made by Mailtrust.

Customer agrees to indemnify, defend and hold harmless Mailtrust and its directors, officers, employees and agents, against any and all losses, damages, liabilities, judgments, awards and costs (including legal and expert witness fees and expenses) arising out of or related to any breach by Customer of this Agreement or claims by third parties arising from Customer's (or in the case of a Reseller, it's Reseller Account's) use of Mailtrust Email Hosting Services or Email Marketing Services provided by Mailtrust hereunder.

Limitation of Liability

Notwithstanding anything to the contrary herein: (a) Mailtrust will not be liable for any losses, claims, expenses or damages arising out of use, or inability to use, the Email Hosting Services or Email Marketing Services; and (b) Mailtrust will not be liable for unauthorized access to or alteration, theft or destruction of Customer's (or in the case of a Reseller, its Reseller Accounts') data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, unless such access, alteration, theft or destruction is caused as a result of Mailtrust gross negligence or intentional misconduct.

The entire Mailtrust liability and Customer's exclusive remedies against Mailtrust (whether in contract, tort, warranty, or otherwise) are set forth in this Agreement. The Mailtrust total liability to Customer for damages (regardless of the form of action, whether in contract, tort, warranty or otherwise) shall in no event exceed the fees for the Email Hosting Services or the Email Marketing Services paid by Customer to Mailtrust under this Agreement for the three month period immediately preceding the event which caused the damage or injury. In respect to any claim against Mailtrust by a Reseller Account in respect to any aspect of Email Hosting Services or Email Marketing Services, the applicable Reseller shall indemnify and hold harmless Mailtrust from the same and all costs and expenses incurred by Mailtrust in connection therewith.

Mailtrust shall not be liable for any special, incidental, indirect or consequential damages or for loss of profit, revenue, or data, even if Mailtrust shall have been advised of the possibility of such potential loss or damages.

Assignment

Except for the authority provided herein for a duly qualified Reseller to resell Email Hosting Services and Email Marketing Services in accordance with the terms hereof, neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by Customer by operation of law or otherwise, and any such attempted transaction shall be void and of no effect without the advance written consent of Mailtrust; PROVIDED, HOWEVER, that such consent shall not be required if Customer assigns or transfers this Agreement to a wholly owned subsidiary or in connection with a merger, acquisition, or sale of all or substantially all of its assets if Customer is the surviving entity, unless the assignee or surviving entity is a competitor of Mailtrust, or unless the assignee or surviving entity is not deemed by Mailtrust to be financially capable of undertaking Customer's obligations hereunder.

Waiver and Amendments

Except as expressly provided herein, no waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

Entire Agreement and Severability

This Agreement comprises the complete, final and entire Agreement between Mailtrust and Customer and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. Each party agrees to pay all reasonable costs and expenses the other party incurs in successfully enforcing this Agreement, including expert witness and reasonable attorneys' fees.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, acts of terrorism, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of a Web site or other occurrences which are beyond either party's reasonable control. In the event that Mailtrust is prevented or delayed in the delivery or installation of Mailtrust Email Hosting Services and Email Marketing Services for reasons beyond its control, such delivery or installation shall take place as soon thereafter as is reasonably possible.

Provision of Notice

All notices to a party shall be in writing and shall be made either through email or U.S. mail, postage prepaid. Notices to Mailtrust should be directed to Mailtrust at the address below. Notices to the Customer will be sent to the Authorized Administrative Contact as reflected in Customer's account set up.

Mailtrust, LLC.
755 University City Boulevard
Blacksburg, VA 24060
Attn: Customer Relations
Tel: (866) 392-3336 Fax: (540) 443-7121

The parties may change the address or designated recipient of notices hereunder by giving the other party at least five days prior notice thereof. Notices by email shall be deemed given when sent unless an undeliverable response is received. Notices by U.S. mail shall be deemed given three days after being deposited in the mail regardless of whether actually delivered or returned as undeliverable.

Applicable Laws

The validity, construction, and performance of this Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding that body of law known as conflicts of laws and the United Nations Convention on Contracts for the Sale of Goods. Mailtrust and Customer agree to submit to the exclusive jurisdiction of the Circuit Court located in Montgomery County, Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division, in any action or proceeding arising out of or relating to, this Agreement; and the parties waive all objections based on venue or forum non convenient with respect to such courts and they agree not to commence any legal or equitable proceeding in any other court. The parties further agree that any mediation arising out of or relating to, this Agreement shall take place in Montgomery County, Virginia.

Nondisclosure/Confidentiality

Each party shall retain in confidence the terms of this Agreement and all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three years following termination or expiration of this Agreement. A party shall be entitled to all legal and equitable remedies, including but not limited to injunctive relief, whether temporary, preliminary or final, without proof of actual damages. In the event of a termination of this Agreement, each party agrees to return to the other within 60 days of a request, any property, data sheets, schematics, samples, customer lists, confidential information, in whatever form or media which are used by a disclosing party or which are furnished to a recipient.

Mailtrust Email Hosting Services

Description of Services

Subject to the terms of this Agreement Mailtrust will provide Email Hosting Services to Customers and will provide to Resellers the right to sell Email Hosting Services to Reseller Accounts in compliance with the terms hereof. Resellers only may resell Email Hosting Services they purchase to their Reseller Accounts. Reseller Accounts shall have no right or remedy with respect to Mailtrust. Mailtrust shall have no obligation to Reseller Accounts and they shall not be third party beneficiaries of this Agreement. Mailtrust's sole obligation in respect to providing Email Hosting Services to Reseller Accounts shall be to the applicable Reseller. Mailtrust acknowledges that each Customer will select a specific package of Email Hosting Services and Mailtrust will provide only those Email Hosting Services that Customer has selected to receive. Extra storage, customizable webmail sites, and other features may be available on an upgrade basis. Mailtrust is not responsible for providing any Customer or Reseller Account with access to the Internet or paying for such services or for providing any equipment necessary to make a connection to the Internet, including but not limited to computers and network equipment.

If any information provided by Customer is false or inaccurate, Mailtrust retains the right to terminate the Customer's right to use the Email Hosting Services (and Reseller's right to resell, and such Reseller Accounts' right to use, Email Hosting Services) without prior notice or opportunity to cure.

Acceptable Use Policy

Customer (and Resellers guaranty that their Reseller Accounts) will adhere to the Mailtrust Acceptable Use Policy set forth at http://www.mailtrust.com/aup and incorporated herein by reference with respect to the use of the Email Hosting Services.

Uptime Guarantee

Guarantee by Mailtrust that the Email Hosting Services will be available 100% of the time during any calendar month, subject to and in accordance with the further provisions of this Agreement.

Mailtrust provides to Customers the Uptime Guarantee, also know as a Service Level Agreement ("SLA"), during any period in which a Customer (or, in the case of a Reseller, it's Reseller Accounts) may use the Email Hosting Services. The Uptime Guarantee includes only the functioning of all network infrastructures within the Mailtrust Network and does not include Scheduled Downtime. The Uptime Guarantee does not apply when Customer (or, in the case of a Reseller, its Reseller Accounts) is unable to send and receive email as a result of a failure external to the Mailtrust Network or failures, irregularities or inconsistencies in Customer's (or, in the case of a Reseller, its Reseller Account's) connection to the Internet or in any systems or software outside of the Mailtrust Network.

If Mailtrust fails to meet the Uptime Guarantee during any calendar month, the Customer may request a refund in the amount equal to the percentage of Users that were adversely affected times ten percent (10%) of customer's monthly fee for each 30 (thirty) minutes of continuous downtime they experience. The refund will not exceed one hundred percent (100%) of Customer's monthly fee.

Refunds will be issued in the form of a credit towards Customer's next invoice, unless the affected month is Customer's last month of service, in which case the refund will be issued via check or credit card within 60 (sixty) calendar days from the end of the last service month.

If Mailtrust fails to comply with the Uptime Guarantee according to the provisions provided herein, Mailtrust will waive the 30 (thirty) day notification period for Termination, as outlined below.

Email Message Filtering

Mailtrust provides filtering of Junk Email as a part of the Email Hosting Services. Some of this filtering may be turned off at Customer's option. Email messages that are identified to be viruses will be rejected or deleted. Email messages that are identified to be spam, phishing or other disruptive content will be rejected, deleted or tagged and delivered. Mailtrust makes reasonable efforts to configure its automated software to accurately identify all forms of Junk Email. However, Customer acknowledges and agrees that it is not possible to assure that Mailtrust will at all times accurately identify such content and that Mailtrust is not obligated to do so. Mailtrust does not guarantee that it will at all times accurately identify and block all (or any) of the Junk Email that Customer (or any Reseller Account) receives through the use of the Email Hosting Services. Mailtrust also does not guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. Customer acknowledges and agrees that Mailtrust shall have no liability to Customer or a third party (including in the case of a Reseller any Reseller Account) with respect to its Junk Email filter, any failure to receive any email as a result thereof, any receipt of Junk Email or the transmission of any viruses to Customer's, Reseller Account's or any other computer system or email program. Customer agrees to run (and in the case of a Reseller to require Reseller Accounts to run) a desktop virus scanner and firewall on computers that are connected to the Internet as an additional line of defense and to reduce the risk of systems being infected by viruses. Customer agrees to and understands the risks associated with using the Email Hosting Services and receiving and transmitting email messages via the Internet. Reseller shall insure that its Reseller Accounts understand and agrees to the limitations set forth in this Section as if they were a Customer of Mailtrust and shall hold Mailtrust harmless from any claim asserted by a Reseller Customer which could not be asserted by a Customer hereunder. Customer also acknowledges that email sent through Mailtrust may not reach the intended recipient. The same techniques that Mailtrust applies to protect you from Junk Email are used by third-parties. Mailtrust cannot guarantee successful delivery of all email messages, and makes no representation or warranty that such delivery will take place.

Email Message Storage

The Email Hosting Services have the fixed storage limit per mailbox, which Customer (or in the case of Reseller, their Reseller Account) subscribes and pays for, and which can be upgraded for a fee. There is also a size limit per email message, which cannot be upgraded. Email messages when received may not be stored if the size of such email would put the destination mailbox over its storage limit or if the size of the message exceeds the per email message size limit. Mailtrust has no responsibility to and will not monitor the size of a mailbox in order to prevent it from reaching its storage limit. Customer understands and agrees that Mailtrust assumes no responsibility for the deletion of or failure to store email messages in excess of the agreed fixed storage limit. Reseller shall insure that its Reseller Accounts understand and agree to the limitations set forth in this Section as if they were a Customer of Mailtrust and shall hold Mailtrust harmless from any claim asserted by a Reseller Customer Account which could not be asserted by a Customer hereunder.

Data Backup and Restore Policy

Customer's (or in the case of Reseller, it's Reseller Accounts') email messages are backed up to Data Backups. The Data Backups consist of a snapshot of the contents within each mailbox at a specific moment in time. The Data Backups may not store every email that is transferred or received using the Email Hosting Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of email messages may remain in the Data Backups for approximately two (2) weeks even after the email messages are deleted from the mailbox. Reseller shall insure that its Reseller Accounts understand and agrees to the limitations set forth in this Section as if they were a Customer of Mailtrust and shall hold Mailtrust harmless from any claim asserted by a Reseller Account which could not be asserted by a Customer hereunder. Authorized Mailtrust employees may access email messages in the Data Backups only to perform data restores and to verify that the Data Backups operations are occurring correctly.

In the event that email messages are deleted from a mailbox as a result of something other than a failure of the Mailtrust Network, and wishes for those email messages to be restored, a data restore may be requested from any of the still available recent Data Backups snapshots.

Customer Responsibilities

Customer will designate qualified personnel to act as liaisons between Customer and Mailtrust, and provide electronically or in writing to Mailtrust the name(s) of such currently designated personnel at all times.

Customer is solely responsible for Content (including in the case of Reseller control of their Reseller Accounts' content), including any subsequent changes or updates. Customer represents and warrants that Content: (a) will not infringe or violate the rights of any third party including, but not limited to, intellectual property, privacy or publicity rights of others; (b) is not abusive, profane or offensive to a reasonable person; or (c) will not be hateful or threatening. Violations of the foregoing may result in early termination of Email Hosting Services by Mailtrust in the sole discretion of Mailtrust. Content shall mean and refer to the content of all emails through the Email Hosting Services.

Customer is solely responsible for the Content of it's (and in the case of Resellers, their Reseller Accounts') transmissions. Customer agrees that the transmission of technical data, which is exported from the United States through the Mailtrust Network, will comply with U.S. law regarding the same. Customer further agrees that the Mailtrust Email Hosting Services provided to Customer hereunder (and in the case of Resellers their Reseller Accounts) will not be used (a) for illegal purposes or (b) to interfere with or disrupt other network users, network services or network equipment. Interference or disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and use of the network to make unauthorized entry to any other machine accessible via the network. Violations of the foregoing may result in early termination of Email Hosting Services by Mailtrust in the sole discretion of Mailtrust.

Upon expiration or termination of this Agreement, Customer (and in the case of Resellers, all of their Reseller Accounts) must discontinue use of the Email Hosting Services and relinquish use of the IP address or address blocks assigned to it by Mailtrust in connection with the Mailtrust Email Hosting Services, including pointing the DNS for Customer's domain name(s) away from Mailtrust services.

Customer is solely responsible for the administration of all end user login names and passwords for the purpose of authenticating and authorizing access to the Mailtrust Email Hosting Services. Mailtrust provides a Control Panel that allows Customers to administer most aspects of the Email Hosting Services, including but not limited to the end user login names and passwords. Customer (and Resellers on behalf of Reseller Accounts) are responsible to Mailtrust for maintaining the confidentiality of their Control Panel password and account and responsible for all activities (whether by Customer or by others) that occur under the Customer's (or in the case of a Reseller, the Reseller Account's) password or account. Customer agrees to notify or, in the case of Reseller, to cause a Reseller Account to notify Mailtrust immediately of any unauthorized use of a password or account or any other breach of security. Mailtrust cannot and will not be liable for any loss or damage arising from the failure by a Customer (or in the case of a Reseller, the Reseller Account) to protect its password or account information.

Customer is solely responsible for handling all communication, technical support to and business relations with end users who Customer has authorized to use the Email Hosting Services, including but not limited to responding to inquiries and questions from end users.

Maintenance Windows

Mailtrust generally performs all system maintenance activities during a scheduled maintenance window. These windows are necessary to upgrade the system components that allow Mailtrust to meet service level commitments. The maintenance windows are currently scheduled for Saturdays and Sundays from 12:00 a.m. to 4:00 a.m. EST, though not every maintenance window is utilized. The maintenance schedule can also change.

Mailtrust attempts to perform all maintenance without the need for service downtime. However, occasionally downtime is required. Mailtrust will schedule at most one maintenance window per quarter (3 consecutive calendar months) where downtime may accrue for core Email Hosting Services, which include SMTP, POP3, IMAP and webmail. Downtime for other services such as Control panel and API may occur during any maintenance window. If downtime is planned for any service during maintenance, Mailtrust will make an announcement prior to the date of activity.

Mailtrust Email Marketing Services

Description of Services

Subject to the terms of this Agreement Mailtrust will provide Email Marketing Services to Customers and will provide to Resellers the right to sell Email Marketing Services to Reseller Accounts in compliance with the terms hereof. Resellers only may resell Email Marketing Services they purchase to their Reseller Accounts. Reseller Accounts shall have no right or remedy with respect to Mailtrust. Mailtrust shall have no obligation to Reseller Accounts and they shall not be third party beneficiaries of this Agreement. Mailtrust's sole obligation in respect to providing Email Marketing Services to Reseller Accounts shall be to the applicable Reseller.

Each Customer will select a specific package of Email Marketing Services and Mailtrust will provide only those Email Marketing Services that Customer has selected to receive. Mailtrust is not responsible for providing any Customer or Reseller Account with access to the Internet or paying for such services or for providing any equipment necessary to make a connection to the Internet, including but not limited to computers and network equipment.

If any information provided by Customer (or any Reseller account) is false or inaccurate, Mailtrust retains the right to terminate the Customer's right to use the Email Marketing Services (and Reseller's right to resell, and such Reseller Accounts' right to use, Email Marketing Services) without prior notice or opportunity to cure.

Delivery of Email

Mailtrust uses reasonable best practices to ensure delivery of email messages sent by Customer. Customer acknowledges that third-party mail servers use a wide variety of techniques to identify and filter out Junk Email, and that these techniques are prone to errors and may sometimes identify Customer's email as Junk Email. Mailtrust cannot guarantee successful delivery of all email messages, and makes no representation or warranty that such delivery will take place.

Acceptable Use Policy

Customer (and Resellers guaranty that their Reseller Accounts) will adhere to the Mailtrust Acceptable Use Policy set forth at http://www.mailtrust.com/aup and incorporated herein by reference with respect to the use of the Email Hosting Services.

Customer Responsibilities

The Email Marketing Services may be used for Customer's (or Reseller Account's) business purposes only and may not be used with or by any third party.

The Email Marketing Services shall be used only in compliance with the CAN-SPAM Act of 2003 (see http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm for more information on the CAN-SPAM Act and other requirements for commercial senders) and all other applicable local, state and international laws, regardless of jurisdiction (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws).

Customer will not access or otherwise use third-party mailings lists for purposes of preparing or distributing unsolicited email.

The Email Marketing Services may only be used for lawful purposes. Transmission, marketing or solicitation of any material that violates United States federal, state or other applicable laws (foreign and domestic) is prohibited. Furthermore, the Email Marketing Service may not be used for marketing, sale, or posting of any product, materials, or information that Mailtrust deems to be illegal or inappropriate, in its sole discretion:

Customer acknowledges that Mailtrust may monitor customer email content and remove any such content or prohibit any use of the Email Marketing Services it believes may be in violation hereof.

Special Terms of Service for Mailtrust Resellers Only

Reseller Authorization

Reseller must complete and sign the Mailtrust Reseller Order Form, be accepted by Mailtrust and pay any required fee to become an authorized Reseller of Mailtrust. An authorized Reseller shall be entitled to provide Email Hosting Services or Email Marketing Services to its Reseller Accounts through Mailtrust. A Reseller shall enter into a written agreement with its Reseller Accounts regarding delivery of Email Hosting Services and Email Marketing Services. Such agreement shall at a minimum obligate Reseller Accounts in a relationship with the Reseller to the same extent that Mailtrust Customers are obliged to Mailtrust hereunder, and require Reseller Accounts to abide by the Acceptable Use Policy. Mailtrust shall have no liability to Reseller's Accounts. In the event that any liability or obligation on the part of Mailtrust arises in favor of a Reseller Account under any theory of law, such Reseller shall indemnify Mailtrust for and hold Mailtrust harmless from such liability or obligation. Reseller understands and agrees that Mailtrust could not provide Email Hosting Services and Email Marketing Services to Reseller Account at the prices provided for herein without the benefit of this provision. There are no third party beneficiaries of this Agreement.

License

Reseller shall retain title to and all ownership rights to any and all text, multimedia or images (graphics, audio and video), data and the like (Content) provided by Customer and installed on a server, but grants Mailtrust the right and license to access and use Content for the purpose of complying with its obligations under this Agreement.

Reseller Responsibilities:

In addition to the Customer Responsibilities, Resellers shall have the following additional responsibilities:

1. Reseller will provide support to its Reseller Accounts. Mailtrust will provide administrative support to Reseller only.
2. Reseller agrees that its Reseller Account may direct the transfer of a Reseller Account's account to another Reseller of Mailtrust provided that at the time of such transfer the Reseller Account has paid the fees due to the Reseller at such time. Reseller agrees Mailtrust may rely on written or electronic notice from the Reseller in respect to any such direction. Mailtrust will give Reseller written or electronic notice of any such direction it receives from a Reseller Account. If Reseller fails to object by written or electronic means within five days after such notice to Reseller on the basis that the Reseller Account has not paid all fees due to Reseller, Mailtrust may effectuate such transfer without liability or obligation to Reseller. If Reseller does so object within five days, then Mailtrust shall inform the Reseller Account of the same and shall not comply with its directive. Reseller agrees to indemnify Mailtrust from all claims, losses, damages, lawsuits and expenses, including but not limited to legal and expert witness fees, incurred by Mailtrust in connection with or arising from Mailtrust's failure to comply with such Reseller Account's directive. Time is of the essence.
3. Reseller agrees that its Reseller Account is the owner of their file Content of data hosted in the Mailtrust Network and that the Reseller Account may change the provision of Email Hosting Services or Email Marketing Services through the Mailtrust Network from Reseller to another Reseller and direct that such file Content then existing or thereafter arising be attributed within the Mailtrust Network to another Reseller, subject only to complying with the immediately preceding Section 2.

Email Privacy Policy - Prior to 5/9/08

In this privacy policy "you" and "your" refer to Customers, as defined below, and "we" refers to Mailtrust, LLC. We respect your right to privacy regarding the use of our Email Hosting Services and Email Marketing Services. We have adopted this Privacy Policy, which we hope provides privacy to you, assuming you are not using Email Hosting Services or Email Marketing Services to conduct unlawful activities and you otherwise comply with the Terms of Services. Our Privacy Policy makes the following commitments:

WE WILL NOT USE YOUR INFORMATION FOR ANY PURPOSES OTHER THAN TO PROVIDE YOU WITH OUR EMAIL HOSTING, EMAIL MARKETING, AND RELATED SERVICES. MORE SPECIFICALLY, WE WILL NOT SHARE YOUR INFORMATION WITH THIRD PARTIES IN WAYS OTHER THAN DISCLOSED IN THIS POLICY. ADDITIONALLY, WE WILL NOT EMPLOY TECHNOLOGY TO READ EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY, OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.

This Privacy Policy discloses the types of personal information collected and stored by Mailtrust and how that information is used to provide the Email Hosting Services, Email Marketing Services, and related sales and support services. You acknowledge and agree to the collection and use of your personal information as set forth in this Privacy Policy.

U.S. - EU Safe Harbor Privacy Statement

For personal information of Customers, which Mailtrust receives from the European Economic Area, Mailtrust has committed to handling such personal information in accordance with the Safe Harbor Principles. Mailtrust's (formerly Webmail.us) Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html.

Mailtrust will apply this Privacy Policy to Reseller Accounts on behalf of the responsible Reseller as if the Reseller Accounts were Customers of Mailtrust but nothing herein shall cause Mailtrust to be obligated or liable to such Reseller Accounts. Resellers shall have sole responsibility to and for their Reseller Accounts.

Definitions

In this Privacy Policy the following terms will be used and have the subsequent definitions assigned to them:

• Mailtrust Network: the network infrastructure, hardware and software used to provide the Email Hosting Services and Email Marketing Services.
• Email Hosting Services: the capability acquired from Mailtrust to send and receive email through the Internet, via SMTP, POP3, IMAP4, and HTTP protocols.
• Email Marketing Services: the capability acquired from Mailtrust to send permission-based Bulk Email.
• Mailtrust: the company providing Email Hosting Services and Email Marketing Services pursuant to this Agreement.
• Customer(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services directly from Mailtrust, including Resellers.
• Reseller(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from Mailtrust for the purpose of reselling the services to their respective customers. Provisions pertaining specifically to Resellers override conflicting provisions applicable generally to Customers.
• Reseller Account(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from Resellers.
• User(s): user(s) of Email Hosting Services, whether purchased directly from Mailtrust or from a Reseller.
• Control Panel: a web-based or application programming interface (API) that allows Customers, Resellers, and Reseller Accounts to manage their account settings online.

Reseller and Customer Email Account Information

Free Trial and Orders. If you sign up for our 14 day free trial or purchase a service from Mailtrust, we collect some personal information, including but not limited to name, phone number, billing address, payment information and password. A secret question and answer may also be asked in order to verify the identity of Customers if their account password is lost. We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Support Information. When you fill out an online form to make a request for customer support, Mailtrust collects some personal information, including but not limited to name, company name, phone number, email address, domain name, and description of the inquiry. This information is used to open a trouble ticket so that Mailtrust can remedy the issue as quickly as possible.

Email Contents. . The contents of your email account are stored on Mailtrust servers in order to provide the Email Hosting Services and Email Marketing Services. This information is stored on secure servers, which process the information in order to provide you with authenticated access to your mailbox, receive and transmit email messages and prevent unsolicited bulk email ("Spam"). Email contents are backed up to separate storage systems daily for the purpose of recovery from errors or system failure. Copies of email messages may remain on the backup storage systems for approximately two (2) weeks, even after you delete the emails from your mailbox or after termination of Email Hosting Services or Email Marketing Services. In order to improve Mailtrust's services and to ensure the integrity of the Mailtrust servers and system, Mailtrust may retain and analyze Spam (including unsolicited bulk email addressed to your email address) and under certain circumstances may permit certain third parties to do so, but only on a confidential, aggregate basis and only for the purpose of improving systems that address unsolicited bulk email.

For Email Hosting Services, Mailtrust employees do not access the content of any mailboxes unless you specifically request them to do so (e.g., when Customers report difficulties using their account), or if required to do so by law, or if Mailtrust in good faith believes that such action is necessary to protect, maintain and defend the rights and property of Mailtrust, its Customers or the public.

For Email Marketing Services, outgoing bulk email messages are subject to review and rejection by Mailtrust employees prior to transmission. Those messages reviewed by Mailtrust employees will be reviewed solely to determine compliance with the Acceptable Use Policy, specifically those provisions pertaining to Email Marketing Services.

Special Email Addresses. All domains on the Internet are required to have a "postmaster" and "abuse" mailbox pursuant to certain industry regulations, specifically RFC 2821 and RFC 2142. To help you comply with this regulation, Mailtrust automatically accepts mail for the following addresses within all domains hosted on the Mailtrust network:

1. abuse@example.com - delivers to abuse@mailtrust.com
2. postmaster@example.com - delivers to postmaster@mailtrust.com

These special email addresses must always exist, however you may configure these addresses forward to alternate mailboxes within their domain. Mailtrust employees monitor the emails that arrive to abuse@mailtrust.com and postmaster@mailtrust.com solely for the purpose of following up on abuse related complaints from Internet users and ISPs.

Log Information. You are provided with detailed usage statistics regarding your Email Hosting Services and Email Marketing Services. To provide this information, and to facilitate troubleshooting of problems, Mailtrust collects certain information relating to the usage of the services. This information is stored in server logs and includes, but is not limited to, usage of SMTP, POP3, IMAP, Mailtrust, Spam Filtering and Virus Scanning. This information is also aggregated in order to generate system wide usage totals, which are used to effectively scale the system infrastructure and improve the quality of the services.

Agents. We use an outside credit card processing company to process and collect fees for Email Hosting Services and Email Marketing Services. We will share your name, address, and credit card information as necessary for the third party to provide their service. These companies do not retain, share, store or use personally identifiable information for any other purposes. These third parties are prohibited from using your personally identifiable information for any other purpose.

Business Transitions. In the event that Mailtrust goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email as well as through a prominent notice on our website and Control Panel of any such change in ownership or control of your personal information for at least 30 days.

Access to Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire our Email Hosting Service or Email Marketing Service, you may correct, update, delete or deactivate your account in our Control Panel, by emailing support@mailtrust.com, by calling our support line at 866.392.3336 x 183 or by postal mail at the address listed below. Mailtrust will respond to your request for access to your personal information with 48 hours.

Public Forums. If you use a bulletin board, blog, or chat room on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums and could be used to send you unsolicited messages. We are not responsible for personally identifiable information you chose to submit in these forums.

Security. Mailtrust has put in place physical, electronic and managerial procedures to safeguard the information that is collected. Various security technologies have been implemented to ensure that external parties cannot access or modify your personal information on the Mailtrust Network. Specifically, Secure Sockets Layer (SSL) encryption is used on specific Web pages to safeguard online purchase transactions. SSL technology is the industry standard protocol for secure, Web-based communications. SSL is used by e-commerce websites on the Internet to enable secure transactions between customers and suppliers. A limited number of employees are authorized to access your information when the need arises, and those employees undergo thorough background checks and are trained on the importance of maintaining your privacy.

Children's Privacy. Mailtrust is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. Mailtrust does not knowingly collect information from children under the age of 13 and does not target its websites, Email Hosting Services, or Email Marketing Services to children under the age of 13.

Release of Personal Information in Extraordinary Circumstances. Except as provided for in this Privacy Policy, Mailtrust will not share your personal information with third parties without your express permission unless extraordinary circumstances apply. With respect to the release of personal information, extraordinary circumstances exist when the disclosure of such information is legally required or requested by a governmental entity, or when Mailtrust, acting in good faith, believes that the disclosure of such information is necessary to conform to legal requirements or comply with legal process, protect the rights of Mailtrust, prevent a crime or protect national security, or protect the personal safety of its Customers or the public. If the information about your account, personal information, emails or other data, is sought from Mailtrust by legal process, such as a subpoena, unless prohibited by law from doing so, Mailtrust will attempt to notify you prior to the time a response is made but there is no assurance that we will be successful or that you will receive such notice. Mailtrust will not contest or challenge the legal process or require a court order. We will provide the information to the party serving legal process on the earlier of 10 days after the process is served on us or on the due date for response set out in the legal process unless a protective order or other court action is received by Mailtrust quashing the process. You will be solely responsible for obtaining such a protective order or court action. Mailtrust will take no steps to do so.

Privacy Policy Changes. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, our website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page.

Website Information

Mailtrust collects statistical information about how Users locate and navigate its websites. This information, sent by normal Web browsers, usually includes the browser type, Internet Protocol (IP) address and referring URL. This information is used to improve the usefulness of the websites and to enhance the positioning of websites within Internet search engines. Users remain anonymous unless they voluntarily contact Mailtrust by filling out an online form, at which point this data may be linked with Users in order to provide the best possible service.

Demonstration email accounts. Website Users have two options in creating an email account for demonstration purposes. 1) Users may anonymously activate a "1-Click Demo" instantly providing access to a limited functionality sample email account through the Mailtrust interface. 2) Users may request a fully functional demo account by filling out an online form. This form requires a valid email address and phone number so that Mailtrust can contact User by email or phone to confirm potential fit of the email service and to provide User with the demo account password. Mailtrust does not use submitted demo request form data for any purpose other than to contact Users regarding the demo.

Contact information. When Users fill out an online form to contact Mailtrust, Mailtrust collects some personal information, including but not limited to name, company name, phone number, email address, and reason for contact. This information is used to respond to the User's initial contact in a timely manner.

Cookies. A cookie is a small piece of information that a Web server can store temporarily with a Web browser. Cookies are useful for having a browser remember specific information that the Web server can later retrieve.

When Users visit Mailtrust owned websites, a cookie is set on their browser for the purpose of gathering statistical data about how the Mailtrust websites are being used. The use of cookies improves the quality of the websites, however if Users prefer, they may configure their browser not to accept cookies. Web browsers that do not accept cookies will still be able to access some of the Mailtrust sites. Cookies are tied to Users' personal information only when a purchase is made, a demo is requested, or a contact form is filled out.

When you use Mailtrust services, a cookie is set on your browser for security authentication purposes. Your sensitive information IS NOT stored within these cookies, unless you specifically select the "Remember my info" check box on the Mailtrust login page located at webmail.mailtrust.com. If you prefer, you may configure your browser not to accept cookies. When browsers are configured not to accept cookies, Email Hosting Services will still be available via POP3 and IMAP4 standard protocols and Email Marketing Services may be limited, however, for security reasons the Mailtrust applications will not be available.

Third Party Cookies. Some of the businesses we advertise with use cookies on our website to help us determine the effectiveness of our website content and advertising. We have no control over third party cookies. This Privacy Policy covers the use of cookies by Mailtrust, and does not cover the use of cookies by any advertisers. The information that these companies collect and share through this technology is not personally identifiable. This sub-section on Third Party Cookies only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Third Party Cookies when providing Email Hosting Services or Email Marketing Services to you.

Clear Gifs (a.k.a. Web Beacons/Web Bugs). Some of the businesses we advertise with employ a software technology called clear gifs (i.e. Web Beacons/Web Bugs) to help us determine the effectiveness of our website content and advertising. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users. In contrast to cookies, which are stored on Users' computer hard drives, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to your personally identifiable information. This sub-section on Clear Gifs (a.k.a. Web Beacons/Web Bugs) only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Clear Gifs when providing Email Hosting Services; however, they are used to track campaign delivery information in the Email Marketing Services.

Choice/Opt-out. Prior to signing up for our services, we collect personally identifiable information when creating a demonstration email account, when contacting our staff and when requesting customer support. We only collect personally identifiable information that is voluntarily submitted via our online website forms. WE WILL ONLY CONTACT USERS WHEN A REQUEST FOR CONTACT OR A FULLY FUNCTIONAL DEMO EMAIL ACCOUNT HAS BEEN MADE. Users have the option of opting out of future communications by informing the company representative that contacts them, by emailing support@mailtrust.com, by calling our support line at 866.392.3336 x183 or by postal mail at the address listed below.

Service-related Announcements. We will send you strictly service-related announcements via email on rare occasions when it is necessary to do so. For instance, if your service is being upgraded or is temporarily suspended for maintenance, we might send you and email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. We also will occasionally send you an email asking you to fill out a customer satisfaction survey. You may opt-out of these by clicking on the unsubscribe link contained within the email.

EU Safe Harbor. Mailtrust complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

TRUSTe Privacy Program

Mailtrust is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build your trust and confidence in the Internet by promoting the use of fair information practices. This Privacy Policy specifically covers the following website: www.mailtrust.com. Because Mailtrust wants to demonstrate its commitment to your privacy through this website, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this Policy, you should contact our Privacy Department using the information below:

Mailtrust, LLC.
Attn: Privacy Department
755 University City Boulevard
Blacksburg, VA 24060

Email: privacy-matters@mailtrust.com

If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at the website below:

Website: http://www.truste.org/consumers/watchdog_complaint.php

TRUSTe will then serve as a liaison with the website to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from this site.

Updated January 21, 2008