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MXMonitor Email Authentication Monitoring Service Agreement
This Service Agreement (the "Agreement") is by and between Greatmail LLC ("Greatmail") and the customer ("Customer").
This Agreement, which incorporates by reference our Privacy Policy and Anti-Spam Policy, sets forth the terms under which the parties agree that Greatmail will provide the MXMonitor email authentication monitoring services to Customer.
SERVICE DESCRIPTION
MXMonitor provides monitoring of email authentication records including MX, SPF, DKIM, and DMARC for Customer's domains. The service includes automated checks, alerts for changes or issues, and reporting functionality.
The Agreement will commence (the "Effective Date") upon Customer's registration for the MXMonitor service.
WHEREAS, Greatmail is a provider of email authentication monitoring services offering automated monitoring, alerts, and reporting through the MXMonitor platform;
WHEREAS, Customer seeks to utilize said services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Greatmail can make no guarantee that any given DNS record will be accessible or that alerts will be delivered without interruption;
WHEREAS, Greatmail represents, however, that it shall make every good-faith effort to ensure that its services are available as widely as possible and with as little service interruption as possible; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
I. Services:
Greatmail shall provide to Customer access to the MXMonitor platform for monitoring email authentication records (MX, SPF, DKIM, and DMARC) for Customer's registered domains (collectively, the "Monitoring Service").
At no additional charge, Greatmail shall monitor and maintain the Monitoring Service in good working order through qualified personnel, during Greatmail's normal business hours (i.e., 9:00 a.m. to 6:00 p.m., Monday through Friday, Central Time).
Greatmail shall operate and maintain the Monitoring Service with adequate security measures to protect Customer's account and monitoring data from unauthorized access by third parties.
II. Financial Arrangements:
The MXMonitor service is currently offered at no charge to Customer, with the following limitations:
- Customer may monitor 1 domain
- Monitoring frequency is limited to 1 scan per day
- Additional limitations may apply as described in the service documentation
Greatmail reserves the right to introduce paid subscription plans in the future with expanded features and capabilities. Customer will be notified in advance of any changes to the service terms or the introduction of paid plans.
III. Customer Responsibilities:
Customer is responsible for providing accurate domain information for monitoring purposes. Customer warrants that it has the right to monitor all domains added to the MXMonitor service.
Customer agrees to maintain accurate contact information, including a valid email address, to receive monitoring alerts and service notifications.
Customer is solely responsible for making any necessary changes to their email authentication records based on the alerts and recommendations provided by the MXMonitor service.
IV. Data Collection and Privacy:
Greatmail collects and stores information about Customer's email authentication records for the purposes of providing the Monitoring Service. This data collection is necessary for the operation of the service.
Customer grants Greatmail permission to scan and record DNS records associated with Customer's registered domains, and to retain historical monitoring data for reporting and trend analysis purposes.
Greatmail commits to handling all Customer data in accordance with its Privacy Policy.
V. Access and Security:
Customer is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
Customer agrees to notify Greatmail immediately of any unauthorized use of their account or any other breach of security.
Customer agrees not to attempt to circumvent any security measures implemented by Greatmail or to access data not associated with their account.
VI. Termination:
Greatmail reserves the right to suspend, restrict and/or terminate Customer's access to the service at any time without prior notice if Customer violates any terms of this Agreement.
Customer may terminate this Agreement at any time by canceling their account through the MXMonitor interface or by providing written notice to Greatmail.
This Agreement may also be terminated if the other party (x) commits a material default and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Upon termination, Greatmail may delete all of Customer's monitoring data and account information after a reasonable period.
VII. Warranties:
Greatmail represents and warrants that:
(i) all of the services to be performed by it hereunder will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable, trained and qualified personnel; (ii) the Monitoring Service shall be accessible to Customer twenty-four (24) hours per day, seven (7) days per week, with the exception of scheduled maintenance periods. (iii) Greatmail will make reasonable efforts to ensure monitoring checks are performed according to the schedules described in the service documentation.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, GREATMAIL MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
VIII. Limited Liability:
Customer expressly agrees that use of the Monitoring Service is at Customer's sole risk. Neither Greatmail, or its contracted providers, their employees, affiliates, agents, third parties, information providers, merchants, licensers or the like, warrant that the Monitoring Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Monitoring Service or as to the accuracy, reliability or content of any information or recommendations provided through the Monitoring Service, unless otherwise expressly stated in this Agreement.
The MXMonitor service provides alerts and recommendations regarding email authentication configurations, but Greatmail is not responsible for any damage or loss resulting from Customer's implementation or non-implementation of such recommendations, or from any changes made to Customer's email authentication records.
Under no circumstances shall Greatmail, its contracted providers, officers, agents, or anyone else involved in creating, producing, or distributing the Monitoring Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Monitoring Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Customer's records, programs or services.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of service before the cause of action arose.
IX. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Greatmail harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, (collectively "Liabilities") asserted against Greatmail, its contracted providers, agents, customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed on behalf of Customer.
X. Miscellaneous:
1. Notices. Every notice, approval, request, authorization, direction or other communication under this Agreement will be given in writing to the party at the address provided during registration and will be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered personally; (ii) one business day after deposit with a commercial overnight carrier, with written verification of receipt, if sent by courier; (iii) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission; or (iv) upon personal acknowledgement by the recipient, if sent by email.
2. Assignment. Customer may not assign this Agreement or any of its rights or obligations hereunder, without the prior written consent of Greatmail.
3. Reservation of Rights. Greatmail reserves all rights not specifically granted herein.
4. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto.
5. No Waiver. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
6. Severability and Reformation. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
7. Relationship. The relationship of Greatmail to Customer will be that of an independent contractor, and neither Greatmail nor any employee of Greatmail will be deemed to be an agent or employee of Customer.
8. Choice of Law and Jurisdiction. This Agreement will be governed and interpreted by the laws of the State of Texas, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally agree to the non-exclusive jurisdiction of the courts of the State of Texas, and all courts competent to hear appeals therefrom.
9. Service Modifications. Greatmail reserves the right to modify the features and functionality of the MXMonitor service at any time. Greatmail will make reasonable efforts to notify Customers of significant changes to the service.
