FiLink will use commercially reasonable efforts to ensure that the Services will be available and operational at an Uptime Percentage of at least 99.9%, as measured over any calendar month.
This uptime guarantee applies to any client that has exchanged currency for services within the last 30 days and is in good financial standing with FiLink (DBO,EntrustedMail) at the time of a service outage.
Network downtime (unavailability) is defined as 100% packet loss from our service to its backbone providers. Downtime is measured after client notifies us of a network failure by phoning in directly and after our administrators have confirmed the outage by a trace-route to the customer’s MTA from outside our network.
Uptime Percentage means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month, as determined by FiLink.
If we fail to meet Our Uptime Commitment in any calendar month, you may notify us of such failure, and we will make commercially reasonable efforts to resolve the issue. If we are unable to remedy a material issue, you may terminate your subscription upon five (5) days’ written notice, and we shall refund a pro rata portion of your prepaid subscription fees for the period following the effective date of termination. The remedy specified in this Section is your sole and exclusive remedy for a failure by FiLink to meet Our Uptime Commitment or for any other claim related to unavailability of the Services.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website availability caused by or associated with circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, acts of terrorism, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.Failure of bandwidth providers to our Network, unless such failure is caused solely by us.
Scheduled maintenance and emergency maintenance and upgrades. DNS issues outside our direct control False SLA breaches reported as a result of outages or errors of any report system. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding any negligence, willful misconduct, abuse of the Services in breach of our Client Responsibilities (acceptable use policy) posted on our website.
E-mail or delivery and transmission not related to a network outage. DNS (Domain Name Server) Propagation. Outages elsewhere on the Internet that hinder access to our network. We will guarantee only those areas considered under our control. E-mail sent by non-licensed e-mail addresses is not covered by our SLA. Our system of monitoring shall be the exclusive monitoring system used to verify SLA breaches or downtime. No third-party monitoring system will be recognized
Client acknowledges and agrees to be bound by all the terms, conditions, and policies, as set forth herein, including any future amendments. Client acknowledges and agrees that it is responsible for continual compliance of this policy.Client may not send, or attempt to send, unsolicited email messages (“Spam”). Spam violates many federal and state laws and seriously affects the efficiency and of Email Services. Sending Spam can lead to industry blacklisting of mail servers, resulting in interruption and/or termination of E-mail Services.
Send or attempt to send unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Send, or attempt to send, Spam of any kind from third-party networks using a return email address that will cause mail flow through the Entrusted Mail Network, or referencing an email address hosted on the Entrusted Mail Network. Send, or attempt to send, numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”). Send, or attempt to send, e-mail messages used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Continue to send email to a recipient that has indicated that he/she does not wish to receive it. Take any actions intended to cloak the Client’s identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses. Send mail from domains that are not listed in the deployment questionnaire and/or that have not been requested. Send mail by an automated means, such as a computer program, that sends more than 250 messages per a 24-hour period of time. Such delivery methods require a “machine license”. In the absence of positive, verifiable proof to the contrary, FiLink considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.
Client may not use our Services to send “Opt-in” Bulk Email. We define “Opt-in” Bulk Email (“Bulk Email”) as email messages of similar content that are sent to more than 250 recipients within a relatively short period of time. The term “Opt-in” means that the recipients have signed up to receive the emails voluntarily and implies that the Bulk Email is not Spam. FiLink has measures in place to prevent Bulk Email from being sent through its servers, and any attempt to do so may result in interruption and/or termination of Client’s Email Services. Attempts to circumvent this Bulk Email restriction by breaking up bulk mailings over a period of time or by sending from multiple email accounts will itself be considered a violation of this policy. Additionally, the Client may not send Bulk Email from third-party networks using a return address that is hosted on the Service Provider Network, unless Client takes extreme care to prevent more than 100 bounce emails from arriving to the Service Provider Network as the result of sending Bulk Email from a third-party network.
Client is prohibited from violating, or attempting to violate, the security of our Network. We will investigate any alleged violations. Examples of violations of the security of our Network include but are not limited to: accessing data not intended for Client. Logging into a server or account which the Client is not authorized to access. Attempting to probe, scan or test the vulnerability of a system. Breach of security or authentication measures. Attempting to interfere with service to any user, host or network.
Email Services may only be used for lawful purposes. For example, Client may not use our Network to transmit or distribute content that: violates a trademark, copyright, trade secret or other intellectual property rights of others, violates export control laws or regulations, violates the privacy, publicity or other personal rights of others, impairs the privacy of communications, contains unlawful, defamatory, harassing, or fraudulent content, encourages conduct that would constitute a criminal offense or give rise to civil liability, violates reasonable regulations of us or other service providers, causes technical disturbances to our Network, its partner networks or the network used by Client to access the Email Services, or violate the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or assists, encourages or permits any persons in engaging in any of the activities described in this section. If Client becomes aware of any such activities, Client is obligated to immediately notify us and take all other appropriate actions to cause such activities to cease.
Client is responsible for all content that is transmitted and received though our Network.
We take no responsibility for content passing through or stored on our Network, including but not limited to, viruses, mail floods or other disabling features, or content provided on third party websites that are linked to by content passing through or stored on our Network.
We reserve the right to suspend or terminate Client’s access to Services upon notice of a violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of Client, shall be considered violations of this policy by Client.
In an effort to protect the performance and security of our service we may set the following default limits.
This policy page was last updated November 2024.
