SPAM FILTERING
TERMS AND CONDITIONS

Service Agreement | Scope of Service | Privacy
Billing | Liability Limitations | Revisions | Provisions

SERVICE AGREEMENT

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).

SCOPE OF SERVICE

• 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.

  
  
• 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.
  
• 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.


PRIVACY

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.


BILLING, PAYMENT, TERM and TERMINATION

• 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.

  
  
  
• 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.
  
• 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.

 

LIMITATION OF LIABILITY AND REMEDIES

• 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.
  
• 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.
  
• 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.
  
• 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.
  
• 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.

REVISIONS

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.

GENERAL PROVISIONS

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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