Terms and Conditions

ConnectedMD Unified Communications Desktop – Secure Hosted Exchange Terms and Conditions

This agreement is between you, the subscriber, and ConnectedMD who hosts the ConnectedMD email and collaboration service.

30-DAY FREE TRIAL
ConnectedMD provides the first 90 days of Service free of charge to allow for a thorough evaluation. During this period ConnectedMD will provide multiple opportunities to communicate your intent to continue the Service or cancel it. Without clear instruction regarding your intent to accept or decline the Service on or before the end of the trial period the trial will automatically convert to a monthly subscription beginning with the day after the Free Trial expires. The Free Trial applies only to the ConnectedMD Exchange hosting offering. BlackBerry and ActiveSync Services are available but are not part of the free trial offer.

MONTH TO MONTH SUBSCRIPTION
After the trial, your account will be automatically renewed on a month to month basis at the then current monthly subscription rate. There is no minimum term of service. You may cancel the service at any time by contacting ConnectedMD. Requests for cancellation must be submitted via email. Service is billed at the start of each service month for the following month. ConnectedMD does not give refunds for partial month’s service.

ONE YEAR SUBSCRIPTION
ConnectedMD offers a One-year Subscription option which includes a 10% discount. Details will be provided during the Trial period. Clients choosing this option will be contacted approximately 30 days prior to the end of the one year subscription period with current options and renewal pricing. You may cancel the One Year Subscription at any time by contacting ConnectedMD. If the cancellation is prior to the then-current subscription period, ConnectedMD will refund the unused portion of the fees paid, net of the One Year Subscription period discount. Requests for cancellation must be submitted via email. Service is billed at the start of each service month for the following month. ConnectedMD does not give refunds for partial month’s service.

MAILBOX STORAGE
Unlimited mailbox storage means that clients of our Secure Hosted Exchange Service do not need to manage user mailbox quotas or be concerned about billing surprises because of normal increases in user email activity. This does not mean that using Microsoft’s Outlook and Exchange will work with an infinitely large email box – there are practical limits to how large a mailbox can grow before performance becomes unacceptable for the user. Furthermore, unlimited mailbox storage does not apply to “Service” accounts and using a mailbox as an “archive” is expressly prohibited. Even if this practice was allowed it would be impractical and inconsistent with standard archiving requirements such as indexing, edit/modification logging and security.

OUTGOING EMAIL PROTECTION POLICY
Sending spam (unsolicited bulk email or UBE) using ConnectedMD’s system is not permitted or tolerated. ConnectedMD defines spam as email that is both bulk and unsolicited. ConnectedMD will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam. We reserve the right to suspend or cancel ConnectedMD accounts that send bulk, unsolicited email (spam).

INCOMING EMAIL PROTECTION POLICY
ConnectedMD’s Exchange Service is protected by ConnectedMD’s email protection solution to ensure the security of the entire system. The Service includes a comprehensive set of tools for filtering spam. viruses and other malicious content from incoming and out going email. ConnectedMD cannot be held responsible for filtering out unwanted/offensive content sent to your ConnectedMD account.

SERVICE LEVEL AGREEMENT
ConnectedMD will use commercial best efforts to provide each customer with 99.99% uptime. Service availability is defined based on a 30 day month and 24 hours per day. Upon experiencing downtime ConnectedMD will credit customer 5% of the monthly (or calculated monthly) fee for each 30 minutes of system downtime over the 99.99 percent agreement (up to a maximum of 100% of the monthly or calculated monthly fee). Scheduled or emergency maintenance and upgrades (usually less than 10 minutes total per month) is excluded from downtime calculations. This also does not include end-user internet connection issues or general internet congestion. Customer credits and overall liability of ConnectedMD is hereby limited to a maximum one month’s service during the month of the outage. NOTE: This Service Level Agreement covers ConnectedMD Hosted Exchange only. BlackBerry Enterprise, ActiveSync and other wireless services are not covered under the Service Level Agreement.

SLA EXCEPTIONS
The security and reliability of ConnectedMD’s Exchange Service is our highest priority. However, there are times when we cannot guarantee 100% reliability:
Internet congestion
System Updates – ConnectedMD performs routine maintenance to ensure implementation of all current patches and bug fixes.
Terrorist Attack
Acts of God
Virus/Worm/Denial of Service Attack
You specifically agree that ConnectedMD cannot be held liable for any missing data, corrupted or compromised data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the ConnectedMD service in excess of the cost of service provided. Cumulative liability of ConnectedMD to a customer shall not exceed the total monthly service fee of the immediate prior one month of service, or one twelfth of a one year subscription.

SECURITY AND RELIABILITY – SAS 70 TYPE II
The security of ConnectedMD resources and customer information is our top priority. ConnectedMD understands that customer trust is built over time, and that even a minor infraction can destroy months or years of hard work. In today’s global economy ConnectedMD believes it crucial to have adequate controls and safeguards for protecting data belonging to our customers. ConnectedMD’s data centers are SAS 70 Type II compliant and we use commercial best efforts to ensure the security of data belonging to our customers.

PASSWORDS
ConnectedMD recommends good password hygiene is followed by all end-users. It is the end-user’s responsibility to keep his/her password confidential, and to change their password on a regular basis. ConnectedMD is not responsible for any data losses or security issues due to stolen or hacked passwords. ConnectedMD recommends the use of passwords that contain letters, numbers, and symbols to lessen the chance of unauthorized access. ConnectedMD support does not have access to existing passwords. For security reasons, ConnectedMD support can only reset passwords.

BUSINESS CONTINUITY PROVISION
If the customer chooses to discontinue the Service, ConnectedMD will use commercial best efforts to provide no less than two (2) weeks of interim service in order to facilitate a transition of Customer’s service to another provider or in-house implementation.

SUPPORT
The following areas are covered by ConnectedMD support:
Connectivity to the ConnectedMD Service to enable the sending and receiving of email
Creation of additional mailboxes, distribution lists, domain and user aliases
Issues related to Public Folders
Issues related to security settings within the exchange (server-side) environment
following areas are handled on a “best efforts” basis as a courtesy to our customers:
Configuration of customer firewall software and/or hardware that could affect connectivity to the ConnectedMD service
Configuration of customer antivirus software (Norton Antivirus 2003, etc.) that could affect connectivity to the ConnectedMD service
Issues related to customer’s connection to the Internet. (i.e. T1, Cable Modem, DSL Modem, Dial-Up accounts, etc.)
Issues related to general use of the Microsoft Outlook, OWA Interface software (i.e. training, etc.)
Use of ConnectedMD service on a Microsoft Internet Explorer, Mozilla Firefox and Google Chrome, and Apple Safari browser technologies.

TRANSMISSION OF DATA
You agree that ConnectedMD is not responsible for any unauthorized access or modification of your data whilst in electronic transmission to or from the ConnectedMD data centers. You also agree that ConnectedMD is not responsible or liable for any content sent using, or received from, the ConnectedMD service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright. By default ConnectedMD does not allow unsecure traffic to and from the ConnectedMD CMDSnet enclave.

LIMITED LIABILITY
IN NO EVENT WILL CONNECTEDMD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CONNECTEDMD FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF SERVICES FEES PAID BY THE CUSTOMER EITHER DIRECTLY TO CONNECTEDMD OR THROUGH A PARTNER/RESELLER FOR SERVICE RENDERED FOR THE IMMEDIATELY PRIOR ONE (1) MONTH OF BILLING OR ONE TWELFTH (1/12) OF A ONE YEAR SUBSCRIPTION.