Service Level Agreement
This agreement (“Agreement”) is made between: MyOfficePlace, with its principal place of business at 151 Front Street West suite 706, On, Canada, M5J 2N1 and the Customer specified in the Purchase Order form.
THE CUSTOMER ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THIS MASTER SERVICE AGREEMENT HAVE BEEN MADE AVAILABLE TO THE CUSTOMER AND HAVE BEEN REVIEWED BY THE CUSTOMER PRIOR TO THE CUSTOMER REQUESTING THE PERFORMANCE OF SERVICES BY MyOfficePlace. THE CUSTOMER FURTHER ACKNOWLEDGES THAT ELECTRONIC SUBMISSION OF THE ORDER CONSTITUTES ACCEPTANCE OF THIS AGREEMENT AND WILL BIND THE CUSTOMER TO ALL OF THE TERMS AND CONDITIONS HEREOF.
In consideration of the mutual promises and covenants made herein, the parties agree as follows:
Subject to the terms and conditions of this Agreement, MyOfficePlace will provide the Services specified in the Order (the "Services"). Subject to the Customer's right to terminate this Agreement as provided herein, Consistent with Section 24, MyOfficePlace may expand or contract the scope of the Services of this Agreement by issuing an amended Order to the Customer 90 days in advance of such change. The Customer's continued use of MyOfficePlace Services after modification of these Services constitutes Customer's acceptance of the modifications.
2. Initial Term
The duration of the initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall commence on the later of: (a) the date upon which MyOfficePlace accepts the completed Order from the Customer; and (b) the date upon which Customer's first payment as set out in the Order has been received by MyOfficePlace (in accordance with the payment provisions set out in Section 24 hereof).
3. Renewal Term
Unless this Agreement is earlier terminated in accordance with the provisions hereof, this Agreement will at the conclusion of the Initial Term automatically renew for successive terms of equal length to the Initial Term upon the same terms and conditions as those specified herein.
4. 100% Infrastructure Availability
MyOfficePlace will use its best efforts to maintain critical infrastructure availability 100% of the time. If it cannot do so and the Customer experiences downtime, MyOfficePlace will refund the customer 5% of the monthly fee otherwise payable for each 60 minutes of downtime (up to a maximum of 50% of Customer's monthly fee for the affected server). Critical infrastructure includes functioning of all power and HVAC including UPS and cabling. It does not, however, include the power supplies on the Customer's servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and is measured from the time the Customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on. Credits shall not be provided to the Customer if infrastructure downtime is the result of: a) scheduled maintenance as contemplated in Section 8; b) Emergency Suspension of Services as contemplated in Section 9; c) circumstances MyOfficePlace cannot control, including but not limited to war, fire, flood, other acts of God, sabotage, labor disturbance, government regulations or other government intervention; or d) a breach by the Customer of this Agreement or MyOfficePlace Acceptable Use Policy.
5. Hardware Replacement
MyOfficePlace will use its best efforts to maintain the functioning of all server hardware components at all times and will replace any failed component at no cost to the Customer. Hardware replacement will begin once MyOfficePlace identifies the cause of the problem and will be complete within four hour of the problem identification. In the event that it takes MyOfficePlace more than four hours to replace faulty hardware, MyOfficePlace will refund the Customer 10% of the otherwise payable monthly fee. Hardware is defined as the processor(s), Random Access Memory (RAM), hard disk(s), motherboard, Network Interface Card (NIC) card and other related hardware included with the server. Downtime will not include the time required to rebuild a Redundant Array of Inexpensive Disks (RAID) array, or to reload operating systems, applications and data restores.
6. 100% Network Availability
MyOfficePlace will use its best efforts to ensure that its network will be available 100% of the time in a given month. If it becomes unavailable and the Customer experiences downtime, MyOfficePlace will refund 5% of the Customer's monthly fee otherwise payable for each 60 minutes of downtime (up to a maximum of 50% of Customer's monthly fee for the affected server). Network availability includes functioning of all network infrastructure including routers, switches and cabling. It does not include services or software running on the Customer's server. Network downtime exists when the Customer is unable to transmit and receive data and is measured from the time the trouble ticket is. Credits shall not be provided to the Customer if network downtime is the result of:
a) scheduled maintenance as contemplated in Section 8;
b) Emergency Suspension of Services as contemplated in Section 9;
c) circumstances beyond MyOfficePlace's control, including but not limited to third party network outages, war, fire, flood, other acts of God, sabotage, labor disturbance, government regulations or other government intervention; or
d) a breach by the Customer of this Agreement or MyOfficePlace Acceptable Use Policy.
7. Network Latency and Packet Loss
MyOfficePlace Network will be maintained in such a manner as to provide the best possible performance to the Internet. In order to achieve this MyOfficePlace will use its best efforts to ensure:
a) Zero packet loss internal to the network;
b) Customer traffic will be delivered to a backbone Internet with an average latency not greater than 5ms;
c) Average Inter-city latencies (within 1 ms over 60 seconds) which will function at the following rates:
- Vancouver to Seattle 5 ms
- Vancouver to Toronto 56 ms
- Toronto to Montreal 10 ms
- Montreal to New York 10 ms
- Toronto to Chicago 18 ms
In the event MyOfficePlace does not meet such performance metrics, MyOfficePlace will refund the Customer 5% of the otherwise payable monthly fee for each failure (up to a maximum of 50% of Customer's monthly fee for the affected server.) Credits shall not be provided to the Customer if degraded network performance is the result of:
a) scheduled maintenance as contemplated in Section 8;
b) Emergency Suspension of Services as contemplated in Section 9;
c) circumstances beyond MyOfficePlace's control, including but not limited to network attacks, third party network outages, war, fire, flood, other acts of God, sabotage, labor disturbance, government regulations or other government intervention; or
d) a breach by the Customer of this Agreement or MyOfficePlace Acceptable Use Policy (AUP).
8. Temporary Service Suspension
The Customer agrees that from time to time, it may be necessary for MyOfficePlace to temporarily suspend Services for technical reasons or to maintain the network, the hardware or any other facilities, the timing of which will be determined by MyOfficePlace.
MyOfficePlace provides the Customer with reasonable advance notice of the temporary suspension of Services, such suspension will not be deemed an interruption of the Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption. Maintenance windows will typically be conducted between 2am to 5am (EST) Monday mornings to minimize impact on customers and will otherwise be scheduled taking into consideration the impact on Customer’s business.
9. Emergency Service Suspension
MyOfficePlace may at any time and from time to time suspend Services without penalty or liability for any claim by the Customer where necessary, acting reasonably, to prevent the improper or unlawful use of MyOfficePlace's services or equipment by the Customer or any other person. MyOfficePlace will make reasonable efforts to contact the Customer prior to any emergency suspension to discuss possible actions to avoid the suspension. MyOfficePlace will provide the Customer with notice following such an emergency suspension to communicate the reasons for the suspension. Such emergency suspension of Services will not be deemed an interruption of the Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
10. Data Backups
MyOfficePlace offers data backup services. MyOfficePlace will use commercially reasonable efforts and industry accepted methods to ensure the reliability of the backup and restore process, and will provide Customer with logs of all backup processes indicating what was backed up. However, because of the technical limitations regarding backups on live servers and the possibility of data corruption on backup or restore, MyOfficePlace cannot guarantee all or any data can be restored from any particular backup. The Customer acknowledges that MyOfficePlace will have no liability whatsoever for any claim resulting from a failed backup and/or restore procedure.
11. Rights to MyOfficePlace Intellectual Property
The Customer shall not display or otherwise use any trade mark, trade name, copyright, logo, symbols, coined word or combination of words, or any other intellectual property whatsoever owned or used by MyOfficePlace, nor will Customer permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the Customer, except in all cases as may be specified or approved in writing by MyOfficePlace.
12. Termination of Agreement
If the Customer breaches any of its obligations under this Agreement or the Acceptable Use Policy annexed as Exhibit B and incorporated by reference into this Agreement, MyOfficePlace may terminate this Agreement after giving fair notice to the Customer and 14 business days to resolve the breach or violation. This in no way reduces MyOfficePlace's right to temporarily suspend service as outlined in the Acceptable Use Policy or under Section 9. The Customer may cancel this Agreement as provided for in Section 24. In the event the scope of Services provided to Customer is unilaterally changed by MyOfficePlace as contemplated in Section 1 hereof, the Customer shall be permitted to terminate the Agreement at any time prior to the date that the change proposed by MyOfficePlace is to take effect.
13. Limitation of Liability
EACH PARTY AGREES THAT NEITHER PARTY NOR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OF MYOFFICEPLACE (COLLECTIVELY, THE "INDEMNITEES") WILL AT ANY TIME BE HELD LIABLE FOR ANY LOSS OF BUSINESS OR INJURIES OR LOSSES TO PERSONS OR PROPERTY FROM WILLFUL, ACCIDENTAL OR MISTAKEN SUSPENSION OR DELETION OF CUSTOMER INFORMATION OR DATA.
Each Party acknowledges and agrees that in no event will the other or any of its Indemnity be liable for any special, indirect, consequential, punitive or exemplary damages, or economic damages (including but not limited to damages for loss of profits or revenues, loss of data, or loss of use) in connection with this Agreement, even if such party has been advised of the possibility of such damages. If, despite the foregoing limitations, such party or an Indemnity should become liable to the other in connection with this Agreement for any reason, then in no event will the aggregate liability of either party or its Indemnities exceed the amount paid or payable by the Customer to MyOfficePlace for three months of Services under this Agreement.
Each party will indemnify and save harmless the other and its Indemnities from and against all damages, losses, liabilities, fines, costs and expenses (including actual legal fees and costs), incurred by or awarded, asserted or claimed against the other party or its Indemnities in connection with this Agreement which are attributable, in whole or in part, to any negligent or willful activities, omissions or breaches by the indemnifying party of its obligations under this Agreement.
15. Governing Law
This Agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein. The courts of Ontario shall have exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this Agreement or any alleged breach of this Agreement.
16. Customer Acknowledgment
The Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the MyOfficePlace Web Hosting network or any inter-connected network by third parties. MyOfficePlace provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server and
/ or network.
17. Electronic Commerce
The Customer is solely responsible for all aspects of its online activities, including the operation of any store or e-business. This includes, but is not limited to:
a) the accuracy of statements and materials related to products and/or services offered online;
b) the accuracy of accounting or billing;
c) the accurate calculation and application of shipping and sales tax;
d) the processing of orders, inquiries and complaints; and
e) the maintaining of the confidentiality of client credit card numbers and personal information.
18. IP Addresses
MyOfficePlace assigns IP (Internet Protocol) addresses to the Customer for its use. The Customer has no right to use IP addresses not assigned to it, to move IPs between different servers or accounts or to use IP addresses in any manner not permitted by MyOfficePlace. MyOfficePlace maintains control of all IP addresses that are assigned to the Customer and reserves the right to change or remove them at its sole and absolute discretion. MyOfficePlace acknowledges that IP address changes are rare and typically made only at the request of American Registry of Internet Numbers (ARIN). Also, the allocation of IP addresses is restricted by the policies of ARIN. These policies dictate that name-based hosting must be used whenever possible. MyOfficePlace reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.
19. MyOfficePlace Administrative Access
Unless otherwise negotiated and included in this Agreement by way of amendment, MyOfficePlace staff and management retain the right to administrative access to any and all servers on its network for the purposes of Datacenter, Network, Server maintenance, inventory and related activities. To facilitate this, all MyOfficePlace servers (not co-located servers) may include a MyOfficePlace administrative account designed for these purposes.
20. Acceptable Use Policy
The Customer shall at all times comply with the terms and conditions of the then-current version of the Acceptable Use Policy, a current copy of which is attached as Exhibit B hereto and incorporated into this Agreement by reference. The Customer agrees that MyOfficePlace reserves the right to amend the terms of the Acceptable Use Policy. MyOfficePlace will give the Customer 90 days' notice of any change. The Customer's continued use of MyOfficePlace Services after 90 days modification of the Acceptable Use Policy constitutes Customer's acceptance of the modifications. The Customer should relate the terms of this Acceptable Use Policy to its clients and use reasonable efforts to ensure their compliance with the terms and conditions thereof.
21. Severability and Waiver
If any provision of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, the offending provision will be severed but the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
22. Relationship of Parties
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
23. Legal Fees and Costs
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to recover its actual legal fees and disbursement costs from the other party.
24. Refund Policy
Fees are added at the end of each billing cycle to pay for the services for that billing cycle. For example, if you are on 2 month billing cycle, at the end of your billing term you will be billed for 2 months of hosting services. If you have prepaid for additional months, the remaining amount on your account will be credited to your account when the account termination is processed. If you wish to receive a refund of your hosting service fees, please follow the termination procedure in Termination for Cause section 25.5.
25. Fees and Payment
The Customer agrees to pay MyOfficePlace recurring and one-time fees for Services provided, based on the rates identified in the Order. These rates are fixed for the initial term of the Agreement notwithstanding amendments to the Agreement for additional services as agreed to by both parties in advance. Upon renewal, re-occurring fees will not increase by more than 10% and new fees will be charged not more than the standard rates charged customers for the same service. If, for whatever reason, MyOfficePlace needs to raise prices greater than 5% during the renewal term than it will give the Customer 90 days' notice of this increase. The Customer is fully responsible to ensure payment of any and all amounts due are paid on time.
Monthly services charges will be withdrawn from Customer according to MyOfficePlace's payment cycle on 12th of each month. Payment notification and Invoices will be sent to Customer in electronic form (e-mail) prior to service charges to ensure MyOfficePlace receives correct payment.
Payment should be mailed or electronically transferred to MYWEBOFFICE
Ltd., 32 Torrey Pines Rd., Kleinburg, Ontario, L4H 3X9, Canada. Dollar amounts and costs indicated on the invoice displayed in US (USD) currency for USA based customers. Dollar amounts and costs indicated on the invoice displayed for Canadian based customers in Canadian (CAD) currency. Payment for all MyOfficePlace services is billed at the end of each billing cycle to pay for the services for that billing cycle.
25.1 Billing Information - The Customer is responsible for keeping its contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number. MyOfficePlace shall not be held liable if the Customer's account is suspended or terminated because of MyOfficePlace's inability to contact the Customer due to incorrect contact or billing information.
25.2 Overdue Accounts - Overdue accounts may, at the discretion of MyOfficePlace, be suspended after 14 days' notice unless payment is received in full or alternative, suitable arrangements are made with MyOfficePlace. A minimum $25.00 reconnection fee will be charged on all accounts reconnected after being suspended. Returned checks and declined credit cards will also be charged a $25.00 NSF fee. If an account is terminated, there is NO possibility that it can be restored or its data recovered. MyOfficePlace shall not be liable to the Customer or any other third party for any consequences of a Customer's account being terminated.
25.3 Other Charges - The Customer will pay all sales, excise and other value-added taxes, duties or levies of any kind whatsoever imposed by any authority, government agency or commission in connection with MyOfficePlace Services as provided under this Agreement. The Customer is also responsible for collecting and remitting any such taxes, duties or levies from end users of the Customer's products and services. MyOfficePlace reserves the right to charge the Customer a standard hourly rate of US $75.00/hour to cover the MyOfficePlace resolution of excessive or unusual problems or complaints.
25.4 Termination for Convenience.
We accept account cancellation requests via the following methods:
Via email Via Phone - 1 888 676-4107
Via Fax - 1 888 676-4105
In the event of a convenience cancellation before the first anniversary of the contract, the Customer shall immediately pay MyOfficePlace an amount equal to 100% of its Monthly recurring fee for each month remaining in the Term. After the first anniversary of the contract the Customer may terminate the agreement for convenience, for any reason, with 90 days' notice. The parties acknowledge that the cancellation charge is fair and reasonable under the circumstances and Customer shall have no further obligation or liability save and except for the amounts due and payable.
25.5 Termination for Cause.
We accept account cancellation requests via the following methods:
Via email- Via Phone - 1 888 676-4107
Via Fax - 1 888 676-4105
Cancellation request must be submitted at least 30 days prior to
the cancellation date. Once you have submitted a request to cancel your account, our billing department will confirm a cancellation date with you by email therefore account deactivation will occur and your files will be permanently purged from our servers after 30 days. Based on your cancellation date, we will review your account and determine whether a refund is owed to you or whether there are payable
fees. This applies to all Service Plans offered. All calculations based on a 30-day billing period.
26. Technical support policy
The MyOfficePlace support policy and procedures:
- Service request must be submitted from Web Portal.
- Emails sent to MyOfficePlace Support monitored on a constant basis from 8 AM EST until 6 PM EST, and then frequently from 6 PM EST until 8 AM EST.
- In the event of area-wide outages which may impact MyOfficePlace services all clients receive immediate email notifications
- If the situation can reasonably be classified as an emergency and you are unable to contact us via the above methods, speak to a technical engineer by calling 1 (866) 676-4107. Please note that you must use this contact information only in those instances that may reasonably be described as an emergency.
Types of Support :
1. In-network Technical support
a. We will provide technical support to you for all matters that originate on MyOfficePlace’s network. Our network extends from your equipment, in the case of managed service, to the interface between MyOfficePlace's network and its peers and transit providers.
b. Please note that we limit our responsibility to the Demarcation Point which is the point at which MyOfficePlace's responsibility for providing support or SLA credit for outages, service interruptions, etc. shall terminate. For managed service customers, the Demarcation Point is up to and including the Firewall equipment.
2. Out of network Technical support:
If you need support for problems that do not arise on the part of the network that we support, then we may agree to provide you such support. However, we will bill you for this out-of-network support at the rate of $100.00 US per hour of labor, billable in 20 minute increments, exclusive of material and equipment costs and fees. The fees for such support will be reflected
in an invoice which will be sent every 12th on each month.
If you anticipate that you will require a significant amount of out-of-network technical support, then you can speak with us about a monthly support retainer which will save you money rather than paying us hourly.
If you require a non-standard form of technical support, where such non-standard support is not in the nature of an emergency, your best bet would be to make special contractual agreements with us to provide such non-standard service under terms and conditions to be mutually agreed upon by the parties.
3. Hardware Support
In the event that you subscribed to dedicated services, all hardware support are free of charge unless you requested equipment upgrade. In case of equipment upgrade any technical support provided by us to you for this equipment shall be billed to you at the rate of $100.00 per hour of labor billable in 20 minutes increments plus material cost.
27. Services Delivery Information:
After your order has been received successfully by MyOfficePlace , you will receive a confirmation message . You will also receive a confirmation email from Myofficeplace.net, which contains your order information . Within 24 hours after your purchase, you will get a separate email from our support team informing you that your order has been placed into
the MyOfficePlace order queue. Customers, who placed an order for ANY dedicated services, shall receive two attached documents: Purchase Order and SLA (Service level agreement).
Please note - for ANY dedicated hosting plan you must submit confirmation in form of
an e-mail for Purchase Order and (SLA). Your payment will not be accepted if you failed to comply with our policies .
Order Processing Time :
Citrix Shared Hosting 3-4 business days
Citrix Dedicated Hosting 5-10 business days ( depending on hardware availability )
Windows Dedicated Hosting 5-10 business days ( depending on hardware availability )
Dedicated Exchange Hosting 5-10 business days ( depending on hardware availability )
28. Confidentiality of Client Information
MyOfficePlace and its clients acknowledge that during the course of normal account administration, information which is confidential to the customer may be acquired. MyOfficePlace agrees that such information is the exclusive property of the client and agrees to treat confidentially all such information and, unless legally compelled, agrees to make
the best efforts not to disclose any such information to any person during the term of this Agreement or at any time after the date of termination of this Agreement. Except where demanded by law, upon termination of this agreement
MyOfficePlace will destroy all records, software, data and other information and media that it may have in its possession. This does not include client records, such as contact and billing information, needed for administrative purposes by MyOfficePlace.
This Agreement contains the entire understanding between MyOfficePlace and the Customer with respect to the Services described in the Order. This Agreement supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between MyOfficePlace and the Customer. The Customer acknowledges and agrees that all of its rights relating to MyOfficePlace Services are as set forth in this Agreement and hereby waives all other rights that it may have by implication of law or otherwise.
Addendum to Master Services Agreement
Acceptable Use Policy
MyOfficePlace customers (each a "Customer") must exercise a high degree of judgment and responsibility with respect to their use of MyOfficePlace services and they must comply at all times with this Acceptable Use Policy (the "Policy"). If a Customer or any third party affiliate of a Customer engages in any of the prohibited conduct identified below, this Policy will be deemed to be violated and MyOfficePlace reserves the right to terminate its relationship with the Customer, including any Hosting Agreement or Service Agreement then in effect with the Customer. Upon detection or notification of an alleged violation of the Policy and prior to exercising any right of termination, MyOfficePlace will initiate an immediate investigation into the violation. If the cause of the violation is child pornography or network attacks, hosting services and outgoing e-mail may be suspended from the offending IP address(s) to prevent further violations. If a Customer is found, in MyOfficePlace's reasonable determination, to be in violation of this Policy, MyOfficePlace will give notice to the Customer that they have fourteen (14) days to rectify violation or MyOfficePlace may terminate the offending account and all services under any Hosting Agreement or Service Agreement then in effect with the Customer. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension. It is recognized by MyOfficePlace that the Customer’s business is fully consistent with its Acceptable Use Policy. MyOfficePlace will give the Customer at least 90 days' notice of any change in its Acceptable Use Policy or any change in policy that may trigger a premature termination of this agreement on the grounds of an Acceptable Use Policy violation by the Customer. In this context, the Customer affirms that they will make every attempt to comply with any and all rules and regulations and make every attempt to enforce the same with affiliates. They do not believe in email marketing and do not endorse it in any way and do not accept affiliates that engage in email marketing. Should an affiliate violate this they will deal with the affiliate swiftly and they must be given reasonable and fair time to do this.
The Customer may not use the MyOfficePlace network or services in any way that adversely affects other MyOfficePlace customers. This includes but is not limited to: a) gaining or attempting to gain unauthorized access to servers or services. Such attempts include: "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities; b) introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; c) intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses; d) engaging in any of the foregoing activities using the service of another provider but channeling such activities through a MyOfficePlace account or re-mailer or using a MyOfficePlace account as a mail drop for responses to Unsolicited Commercial E mail ("UCE") or hosting a website that is advertised via UCE or otherwise requiring return transit through
the MyOfficePlace internet backbone; e) using IP addresses which were not assigned by MyOfficePlace; or f) running Internet Relay Chat ("IRC") servers, bots or clients.
Please note: Busy or poorly scripted online chat systems, bulletin boards and other resource intensive applications may not be suitable for shared hosting services and can adversely affect the service of other customers. To avoid problems please consult with a MyOfficePlace technical representative before installing these kinds of applications.
Posting of Adult Content and Links
Adult related content including adult-oriented images, text and links ARE permitted on
the MyOfficePlace platform.
Sending Unsolicited Commercial Email or SPAM
The Customer may not send SPAM or UCE over the MyOfficePlace network. This includes third party"opt-in" lists. MyOfficePlace services must not be used to send UCE and will not host sites or information advertised in UCE. The Customer must also not host a publicly-accessible "open relay" SMTP or anonymous re-mailer service. The Customer is responsible for the actions of its users and must take all reasonable precautions to secure its servers and sites against SPAM exploits. Please Note: MyOfficePlace email clusters will NOT process email lists. For security reasons, if you need to process a legitimate mail list please contact a MyOfficePlace technical representative for more information.
Email Services: Unusual or excessive mail usage may be restricted by MyOfficePlace. Unused email accounts must be deleted from the system. MyOfficePlace reserves the right to disable email accounts on its email clusters it believes are inactive.
Posting of Illegal Content: The Customer must not include content or have links to content that: a) is unlawful or is reasonably considered offensive by the web community;
b) promotes injury or physical harm against any group or individual; c) promotes or teaches illegal activities; d) exploits or depicts children in a negative/sexual way; e) infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes; f) violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
MyOfficePlace Administrative Access
The Customer acknowledges that to facilitate efficient server management, inventory and related activities MyOfficePlace servers may include a MyOfficePlace administrative account and password and/or a MyOfficePlace daemon. All reasonable precautions are made by MyOfficePlace to maintain the security of these tools and the privacy of client data. The Customer will not tamper, hinder, delete or in any way change the functioning of these tools.
MyOfficePlace cannot monitor or control all the activities of the Customers. Subject to its right to terminate its agreements with a Customer which has violated this Policy, MyOfficePlace exercises no control over Customer content and does not actively screen or censor the activities or content of Customers. The Customer, not MyOfficePlace, assumes all responsibility and liability relating to its