Legal - Terms of Service
Paragraph 1: Service description
Zerospam agrees to provide inbound email filtering services to the customer in the form of protection against all undesirable email and email-borne threats. The customer understands and agrees that his or her email will go through Zerospam’s servers before being relayed to its final destination either on the customer’s own server or on the customer’s provider’s server.
Paragraph 2: Email transmission delay
Under normal conditions between the hours of 8:00 AM and 5:00 PM, GMT-4 h, the maximum delay incurred by the passage of email through Zerospam’s servers is less than two (2) minutes.
Paragraph 3: Free trial
All customers are entitled to a thirty (30) day free trial. Once the free trial has ended, if the customer is still using Zerospam, he will be regarded as having subscribed to the service. The Zerospam service will then be billed as of the day following the end of the free trial. From then on, the customer will continue to be provided with and billed for the Zerospam service unless he or she terminates this agreement in accordance with paragraph 11. Zerospam reserves the right to end the free trial in case of abuse.
Paragraph 4: Binding terms of service
The fact that one of their domain’s MX records points to a Zerospam server constitutes the customer’s implicit agreement to the Zerospam Terms of service. These Terms of service will apply as long as the Zerospam service is used, in other words, as long as at least one of the customer’s domains has MX records pointing to a Zerospam server.
The Zerospam Terms of service are sent automatically to every customer when they sign up for the free trial. Being aware of the Zerospam Terms of service is the customer’s responsibility. The Zerospam Terms of service can be modified at any time and any and all changes would then apply immediately to all customers using the service. Zerospam keeps an up to date version of the Terms of service on it’s Website at https://www.zerospam.ca/en/terms-of-service.
Paragraph 5: Limitation of liability
Zerospam shall not be liable for lost, bounced or delayed email, irrespective of the cause. The customer’s recourse shall in no event exceed the value of the service, prorated to the number of hours that the service was unavailable.
Paragraph 6: Filtering rules
By subscribing to Zerospam’s email filtering service, the customer agrees that its filtering rules are determined and modified by Zerospam’s administrators, as required in order to optimize the effectiveness of the service.
Paragraph 7: Anti‑virus service
Zerospam undertakes to intercept computer viruses, worms and phishing emails that it has detected and that may be contained in email intended for the customer. However, Zerospam does not offer any guarantee as to virus detection or detection time of new threats. Zerospam recommends that customers retain a secondary anti-virus program in their IT environment.
Paragraph 8: Confidentiality
Zerospam understands that clients need to ensure their communications remain confidential. Therefore, Zerospam commits to keeping only the metadata of processed messages. The message metadata may be used for research purposes in order to improve the service and may also be shared with Zerospam’s security information and research partners. However, Zerospam commits never to disclose, share or sell metadata to a third party who would use them for marketing purposes.
Zerospam commits to not keep or share with third parties the contents of messages that are considered legitimate. These messages may only be analyzed using automated learning processes for the purpose of improving our data models. However, Zerospam may keep the contents of messages that are reported as undesirable (false negatives) as well as messages released from the quarantine (false positives) for analysis purposes and share them with its research partners. Within the framework of its research endeavors, Zerospam may also be called upon to share samples of these false negative and false positive messages with its research partners.
Zerospam is authorized to access its clients’ quarantine whenever this is necessary to support the customer or to improve the quality of the service. Zerospam employees may also access clients’ quarantines as required to assist them with technical issues.
Paragraph 9: Invoicing
Zerospam invoices are payable net thirty (30) days from the date of the invoice. The Zerospam service will be billed as long as it is being used. Using the service means having a domain with at least one MX record pointing to a Zerospam server. Lack of payment may result in discontinuation of service without further notice.
Paragraph 10: Yearly seat count update
Zerospam’s billing is based on the declared number of seats on each filtered domain. Multiple addresses used by a single person on the same domain (aliases) count as a single seat. Generic mailboxes and distribution lists should not be counted in the declared number of seats.
Once a year, all customers are required to update the number of seats on all their filtered domains. The cost of the service will then be adjusted to reflect the new declared seat count.
Zerospam does not take into account minor fluctuations in the number of seats between yearly update periods. However, anytime a customer’s number of seats increases by 20% or more, the customer must notify Zerospam immediately without waiting for his yearly update.
Customers who have an annual or multi-annual agreement are still required to update their number of seats once a year. If their number of seats has increased, Zerospam will produce a one-year invoice for the extra number of seats. If it has decreased, no credit will be issued since significant rebates are granted with long-term agreements.
Paragraph 11: Termination
In order to cancel the service, customers must create a Cancellation request in the General Parameters of the Cumulus interface. The fact that the customer changed his domain’s MX records so they no longer point to the Zerospam servers does not constitute a valid cancellation notice. The service fees for the month during which the cancellation notice was received by Zerospam must be paid in full. For customers who have an annual or multi-annual agreement, there will be no refund for unused portions of the agreement.
Paragraph 12: Transfer
Under this agreement, Zerospam may transfer its rights to any party in the event of a full or partial transfer, sale or merger of the company or its activities.