E-mail Virus Scanning Agreement
This is an agreement between Colorado Information Technologies, Inc. (Provider) and the customer (Customer) covering the E-mail Virus Scanning Service (Service) which the Provider will furnish to the Customer.
The Service
The Service uses anti-virus software to scan every e-mail message that is received by the Provider’s e-mail scanner. The software is provided by a major vendor or vendors and is updated frequently. The purpose is to eliminate dangerous attachments such as executable files, script files, and files hiding their true nature with various tricks.
The Service cannot and does not guarantee elimination of viruses. Among other things, the Service does NOT do the following:
1. Protect against encrypted files, files compressed with unusual compression methods, and files compressed multiple times.
2. Reduce or eliminate spam.
3. Protect against messages which succeed in passing directly and bypass our e-mail scanner.
4. Protect against viruses where the Customer connects to other e-mail systems, such as AOL, Yahoo, MSN, Hotmail, etc.
5. Protect against viruses received from web sites, downloaded files, FTP, floppy discs, CDROMs, DVDs or any other method besides e-mail. This includes no protection against viruses received as a result of clicking on a link embedded in an e-mail. We scan the e-mail, but cannot and do not scan any locations to which an e-mail may link.
6. At Provider’s sole option, may not quarantine non-repairable messages, which will be deleted.
7. Protect against any virus which has not been identified (normally a new virus) and therefore is not in our anti-virus software (although updated frequently).
8. Protect against viruses embedded in very large messages {size cutoff determined by Provider at its sole option}.
Force Majeure
In particular in the event that our e-mail scanner is not working for any reason beyond our control, the Service will not protect against viruses and the Provider has no responsibility for the consequences if the scanner is not working for any reason beyond our control.
Compensation
The Provider has a rate card for the provision of the Service. The Customer acknowledges receipt of the rate card and agrees to pay the current rate listed on the card for the Service which is being provided to the Customer.
Term
The term of this agreement is from the date when the Provider begins to implement the Service for which the Customer is subscribing and terminates on five days notice from the Provider to the Customer or from the Customer to the Provider, as the case may be.
However, whenever the Customer has failed to pay for the Service as billed by the Provider, the Provider may, at its option, with or without notice to the Customer, terminate the Service to the Customer.
Equipment
The Provider does not provide any customer premise equipment. The Customer is solely responsible for the installation, operation, maintenance, use and compatibility of equipment or software not provided by the Provider. The Customer shall cooperate with the Provider in setting the initial configuration for the Customer equipment interface with the Service.
No Warranty
The Provider makes no warranty whatsoever, express or implied, in connection with the provision of the Service and, specifically, without limitation, makes NO WARRANTY OF MERCHANTABILITY and NO WARRANTY OF FITNESS OR SUITABILITY FOR PURPOSE.
Limitation of Liability
The Provider is not liable to the Customer for ordinary negligence and the Customer releases any claim against the Provider which the Customer might otherwise have based on ordinary negligence in connection with the provision of the Service.
Limitation of Damages
In any event, the Provider shall not be liable for indirect, incidental, special, punitive or consequential damages arising from or related to the Service, regardless of the legal theory under which such liability is asserted and regardless of whether Provider has been advised of the possibility of such liability, loss or damage. Further, in any event, if there should be liability for any reason whatsoever, the Customer’s right to damages hereunder shall be limited to an amount not exceeding one month’s payment for the Service.
Indemnification
Customer agrees to indemnify the Provider and hold the Provider harmless against any third party claims, demands, suits or actions, relating to or based upon the Service provided {or defectively or not at all provided} to the Customer.
Representations of Customer
The person signing this agreement for the Customer is fully authorized to do so, and the signature of such person is binding upon and enforceable against the Customer.
Service Agreement
An agreement covering the provision of the Service {the Service Agreement} has been posted by the Provider on the web site of the Provider. The address of this web site is www.coinfotech.com/internetservices/legal.htm . This Service Agreement is incorporated herein as amended from time to time by the Provider. Any use of the Service by the Customer is subject to the terms of the Service Agreement as then posted on the Provider’s web site.
Miscellaneous
Venue and jurisdiction for any civil action with respect to this agreement, the Service Agreement or the Service shall be exclusive in the District Court, County of El Paso, sitting at Colorado Springs, Colorado. Colorado law, not including any reference to other law, shall control.
With respect to any litigation involving this agreement, the Service Agreement or the Service, all costs of the litigation, including a reasonable attorney’s fee, shall be awarded to and included in any judgment for the prevailing party.
Effective January 27, 2004
