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RANDOLPH TELEPHONE SPAM FILTERING
TERMS AND CONDITIONS
1. SERVICE AGREEMENT
1.1 This Randolph Telephone Spam Filtering Terms
and Conditions Agreement ("Agreement") is entered
into by the subscriber ("you") and Randolph Telephone.
By subscribing to, and using, the Spam Filtering
service (“Service”) you agree to be bound by the
terms and conditions herein. You agree to allow Randolph Telephone
to process incoming e-mail messages against known SPAM (defined
as un-requested, unsolicited email messages from entities
that you have no business or personal relationship with) filter
rules that are implemented automatically on inbound e-mail
accounts that are enrolled in the Service in order to determine
if the messages are unsolicited (SPAM).
2. SCOPE OF SERVICE
2.1 The processing of e-mail messages is by computer-automated
systems. Portions of the Service may be provided to Randolph
Telephone by third-party vendor(s), over which Randolph Telephone
exercises no control. Randolph Telephone warrants that the
Service is being provided by automated computer processing
and that NO employee, affiliate, or agent of Randolph Telephone
is reading your or other subscribers email messages. The processing
required to provide this Service is limited solely to the
determination as to whether an e-mail message should be considered
and treated as SPAM. The Service does not archive, store,
or otherwise collect any e-mail messages or portions thereof,
except as outlined in herein.
2.2 Randolph Telephone reserves the right to change the method
of electronic processing and filtering used to provide this
Service without prior notice to you. Randolph Telephone further
reserves the right to disable the Service temporarily, without
notice, to prevent detrimental service degradation to you
and other Randolph Telephone subscribers.
2.3 By agreeing to use the Service you acknowledge
that the Service is provided on a “Best Effort”
basis and agree that no SPAM filtering service or technology
is 100% effective, including Randolph Telephone’s Spam
Filtering Service. You understand that you may continue to
receive unsolicited messages, despite the Spam Filtering
Service being enabled. Email messages that have been determined
to be SPAM will be sidelined in the Greymail email mail box
that is provided as part of this Service. Email messages determined
to be SPAM will be held in the Greymail mailboxes for fourteen
(14) days before being deleted. Access to your Greymail mailboxes
is provided solely through the web interface (http://webmail.rtmc.net
or http://webmail.rtelco.net)
provided to you as part of the email service. Randolph Telephone
acknowledges that from time to time legitimate email messages
that are not SPAM may be flagged by the Service and placed
in your Greymail mailbox. As such, you are highly encouraged
to review the content of your Greymail mailboxes on an interval
more frequent than fourteen (14) days. Randolph Telephone
is not responsible for email that is lost or deleted as a
result of being flagged and placed in your GreyMail account
and not retrieved. You understand that it is strictly your
responsibility to check the contents of your Greymail mailboxes
in a timely manner. Randolph Telephone is not responsible
or liable for consequent actions arising from the deletion
of legitimate email placed in your Greymail mailbox and not
retrieved.
3. PRIVACY
3.1 Randolph Telephone respects the privacy
of every user of its services. Randolph Telephone’s
Privacy Policy also applies to this Spam Filtering
Service. You can review Randolph Telephone’s Privacy
Policy on-line at: www.rtmc.net
or www.rtelco.net.
Randolph Telephone reserves the right to change or modify
this policy from time to time without notice to you. You agree
to visit this Web site periodically to be aware of and review
any such revisions. Revisions to these terms and conditions
shall become effective seven (7) days after posting. By continuing
to use this Service after such revisions are in effect, you
accept the revisions and agree to abide by them.
4. BILLING, PAYMENT, TERM and TERMINATION
4.1 Randolph Telephone fees for the Spam
Filtering Service are supplied to you during the
ordering process and/or registration process, and as may be
updated on the Web site.
4.2 By using the Spam Filtering
Service you agree to pay the charges presented to you during
the ordering or registration process. Charges for the Spam
Filtering Service will be provided via the same methodology
used to supply your service charges for the Randolph Telephone
Internet Access Service.
4.3 You may cancel this Service at any time
by contacting Randolph Telephone by phone (879-5684; 622-7900;
581-7995; or 464-6110 – please choose the number that
is a local call from your area) or via
e-mail at customerserv@rtmc.net
or csrep@rtelco.net.
5. LIMITATION OF LIABILITY AND REMEDIES
5.1 Communications from Randolph Telephone its’ parent,
subsidiary organizations, or other likewise linked entities
are not considered SPAM. All communications from Randolph
Telephone to its customers are exempt from SPAM filtering.
5.2 THE SERVICE PROVIDED BY THE SPAM
FILTERING SERVICE AND ITS LICENSORS IS PROVIDED ON
A “BEST EFFORT”, "AS IS," "WITH
ALL FAULTS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SERVICE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED
HEREUNDER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF
ADVISED OF SUCH PURPOSE) AND AGAINST ERROR-FREE OR UNINTERRUPTED
SERVICE.
5.3 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT,
RANDOLPH TELEPHONE, ITS THIRD PARTY LICENSORS AND THIRD PARTY
PROVIDERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, THOSE ARISING
FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING
UNDER STATUTE.
5.4 IN NO EVENT SHALL RANDOLPH TELEPHONE, ITS
THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS
OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL
USE, OR INABILITY TO USE THE SPAM FILTERING
SERVICE.
5.5 RANDOLPH TELEPHONE, ITS THIRD PARTY LICENSORS AND THIRD
PARTY PROVIDERS DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING
FROM ON ANY CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE PROVIDED
UNDER THIS AGREEMENT INFRINGES ANY THIRD PARTY'S INTELLECTUAL
PROPERTY RIGHTS.
6. REVISIONS
6.1 You agree that Randolph Telephone may revise the terms
and conditions of this Agreement (including any of the policies
which may be applicable to your use of the Service) by posting
such revisions at www.rtmc.net
or www.rtelco.net.
You agree to visit these Web sites periodically to be aware
of and review any such revisions. Increases to pricing shall
be effective thirty (30) days after posting; decreases in
pricing shall become effective immediately after posting;
and revisions to any other terms and conditions shall be effective
seven (7) days after posting. By continuing to use the Service
after revisions are in effect, you accept the revisions and
agree to abide by them.
7. GENERAL PROVISIONS
7.1 The remedies expressly set forth in this Agreement are
your sole and exclusive remedies.
Version 1.0
Updated 1/20/2003
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