THE SCALE MY SITE TERMS OF SERVICE between Scale My Site (“we” or “Scale My Site“) and the customer who orders Scale My Site services (“you” or “Customer“).
Your use of Scale My Site services is governed by these Terms of Service, the Scale My Site Acceptable Use Policy, and
the terms of your Order. When we use the term “Agreement” in any of the Order, Terms of Service, or
Acceptable Use Policy, we are referring collectively to all of them. Sections 1 – 29 of these Terms of Service
state the general terms applicable to all Cloud Services, and Sections 30 – 33 state additional terms that
will apply only if you elect to purchase the particular services described in those sections. If the individual who
submits an Order does so on behalf of a company or other legal entity, the individual represents that he or she has
authority to bind that entity to the Agreement. This Agreement is the complete and exclusive agreement
between you and Scale My Site regarding its subject matter and supersedes and replaces any prior agreement,
understanding, or communication, written or oral.
1. DEFINED TERMS.
Some words used in the Agreement have particular meanings:
“Acceptable Use Policy” or “AUP” means the Scale My Site
Acceptable Use Policy posted at http://www.scalemysite.com/aup
as of the date you sign the Order, as it may be amended pursuant to Section
“Business Day” means 8:00 a.m. – 5:00 p.m. Monday through Friday, United States
pacific time, excluding federal public holidays in the United States.
“Confidential Information” means all information disclosed by one of us to the other,
whether before or after the effective date of the Agreement, that the recipient should reasonably understand to
be confidential, including: (i) for you, all information transmitted to or from, or stored on, the Scale My Site
cloud system, (ii) for Scale My Site, unpublished prices and other terms of service, audit and security reports,
product development plans, data center designs (including non-graphic information you may observe on a tour of a
data center), server configuration designs, and other proprietary information or technology, and (iii) for both
of us, information that is marked or otherwise conspicuously designated as confidential. Information that is
developed by one of us on our own, without reference to the other’s Confidential Information, or that
becomes available to one of us other than through violation of the Agreement or applicable law, shall not be
“Confidential Information” of the other party.
“Junk Mail” means email that is captured by our mail filter and other email that is
reported by you to Scale My Site as undesirable.
“Order” means either: (i) the online order that you submit to Scale My Site via the
Scale My Site website, (ii) an authorized payment for an official Scale My Site invoice, or (iii) any other written order (either in electronic or paper form) provided to you by
Scale My Site for signature that describes the Services you are purchasing, and that is signed by you, either
manually or electronically.
“Services” means those services described in the Order.
2. SCALE MY SITE’S OBLIGATIONS.
Contingent on Scale My Site’s acceptance of your Order, and subject to these Terms of Service, Scale My Site agrees
to provide the Services. If you have met Scale My Site’s minimum financial commitment for support, Scale My Site
will provide support for the Services via email and/or support tickets during Business Hours. Scale My Site
agrees to follow best-practice security procedures that, in Scale My Site’s reasonable judgment, provide you
with the best available security experience.
3. YOUR OBLIGATIONS.
You agree to do each of the following: (i) comply with applicable law and the Scale My Site Acceptable Use
Policy (ii) pay when due the fees for the Services, (iii) use reasonable security precautions in light of your
use of the Services, (iv) cooperate with Scale My Site’s reasonable investigation of outages, security problems,
and any suspected breach of the Agreement, (v) keep your billing contact and other account information up to
date; and (vi) immediately notify Scale My Site of any unauthorized use of your account or any other breach of
security. In the event of a dispute between us regarding the interpretation of applicable law or the AUP,
Scale My Site’s reasonable determination shall control.
4. ACCESS TO THE SERVICES.
You may access the Services via the online control panel, or via a Scale My Site-provided Application Programming
Interface or API. Scale My Site may modify its control panel or APIs at any time, or may transition to new API’s.
Your use of any API you download from the Scale My Site website is governed by the license terms included with the
code in the file named “COPYING” or “LICENSE” or like caption.
5. SERVICE LEVEL AGREEMENT.
If you have made the minimum financial commitment for Service Level Agreement (“SLA”) coverage, then the
Service Level Agreement(s) listed below are part of this Agreement for those Services you are buying:
Service Level Agreement http://www.scalemysite.com/sla
The initial term for each Order begins on the date we make the Services available for your use and continues for
the period stated in the Order. If no period is stated in the Order, then the initial term shall be one month.
Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one
month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration
of the initial term, or then-current renewal term, as applicable. You must follow Scale My Site’s non-renewal
process accessible from your control panel to give an effective notice of non-renewal.
Scale My Site will charge you the fees stated in your Order. If you have made a minimum commitment in your Order, and
your actual usage does not meet or exceed the minimum commitment, Scale My Site will charge you the difference
between your minimum commitment and your actual usage. Unless you have made other arrangements, Scale My Site will
charge your credit card without invoice as follows: (i) for recurring fees, in advance, on or around the first
day of each billing cycle, and (ii) for non-recurring fees (such as fees for initial set-up, overages, compute
cycle fees, and domain name registration) on or around the date incurred, or on or around the first day of the
billing cycle that follows the date incurred, at Scale My Site’s option; provided that Scale My Site may wait to
charge your credit card until the total aggregate fees due are at least $50. Unless otherwise agreed in the
Order, your billing cycle will be monthly, beginning on the date that Scale My Site first makes the Services
available to you. If you are using Scale My Site’s billing services, as described in Section 31 (Billing
Services) below, Scale My Site may at its option, either include the fees, charge backs, and other items described
in Section 31 with your recurring or non-recurring fees, as applicable, or deduct them from your remittances.
Scale My Site may suspend all services (including services provided pursuant to any unrelated Order or other
agreement we may have with you) if our charges to your credit card are rejected for any reason. Scale My Site may
charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any
amount is overdue by more than thirty (30) days, and Scale My Site brings a legal action to collect, or engages a
collection agency, you must also pay Scale My Site’s reasonable costs of collection, including attorney fees and
court costs. All fees are stated and will be charged in US Dollars. Any “credit” that we may owe you,
such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for
services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the
date charged are conclusively deemed accurate. You must provide Scale My Site with accurate factual information to
help Scale My Site determine if any tax is due with respect to the provision of the Services, and if Scale My Site is
required by law to collect taxes on the provision of the Services, you must pay Scale My Site the amount of the tax
that is due or provide satisfactory evidence of your exemption from the tax. You authorize Scale My Site to obtain a
credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for
a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.
8. FEE INCREASES.
If you are under a month-to-month contract, then we may increase fees at any time on forty-five (45) days advance
written notice. If the initial term of your Agreement is longer than one month, then we may increase your fees
effective as of the first day of the renewal term that first begins forty-five days from the day of our written
notice of a fee increase. In addition, if during the initial term or any renewal term there is an increase in
the Producer Price Index over the Producer Price Index reported for the month in which you signed your Order, we
may increase your fees by the same percentage as the increase in the Producer Price Index; provided that we may
not increase your fees pursuant to this sentence more often than once per twelve months, and we must give you at
least thirty days advance written notice of the increase. The “Producer Price Index” means the Producer
Price Index for Finished Goods, WPUSOP3000, not seasonally adjusted, and first published as “preliminary”
data by the United States Bureau of Labor Statistics in its PPI Detailed Report or successor publication. For
historical information on the Producer Price Index, you may visit the Bureau of Labor Statistics website.
(Example: if the Producer Price Index for the month in which you sign the Order is 186, and then increases in a
subsequent month during the term of the Order to 195, we may increase your fees by up to 4.8%).
We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used (or
have been or will be used) in violation of the Agreement, (ii) we discover that you are, or are affiliated in
any manner with, a person who has used similar services abusively in the past; (iii) you don’t cooperate
with our reasonable investigation of any suspected violation of the Agreement; (iv) we reasonably believe that
your Services have been accessed or manipulated by a third party without your consent, (v) we reasonably believe
that suspension of the Services is necessary to protect our network or our other customers, (vi) a payment for
the Services is overdue, or (vii) suspension is required by law. We will give you reasonable advance notice of a
suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we
determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is
necessary to protect Scale My Site or its other customers from imminent and significant operational or security
risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue
to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee
(not to exceed $150) upon reinstatement of the Services.
10. TERMINATION FOR CONVENIENCE; EARLY TERMINATION FEE.
You may terminate the Agreement for convenience at any time on thirty days advance written notice. If you
terminate the Agreement for convenience, in addition to other amounts you may owe, you must pay an early
termination fee equal to any minimum monthly financial commitment you have made for the remaining portion of the
11. TERMINATION FOR BREACH.
We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided
to us about yourself or your proposed use of the Services was materially inaccurate or incomplete, (ii) if you
are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into
the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the
individual submitting the Order for Services did not have the legal right or authority to enter into the
Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is
overdue, and you do not pay the overdue amount within three (3) days of our written notice, (iv) a credit report
indicates you no longer meet our reasonable credit criteria, provided that if we terminate on these grounds, we
must give you a reasonable opportunity to migrate your environment out of Scale My Site in an orderly fashion, (v)
you use your Service in violation of the AUP and fail to remedy the violation within ten (10) days of our
written notice, (vi) you violate the AUP more than once, even if you cure each violation, or (vii) you fail to
comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our
notice to you describing the failure.
You may terminate the Agreement for breach on written notice if: (i) we materially fail to provide the Services
as agreed and do not remedy that failure within five (5) days of your written notice describing the failure, or
(ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure
within thirty (30) days of your written notice describing the failure.
12. ACCESS TO DATA.
12.1 You will not have access to your data stored on the Scale My Site system during a
suspension or following termination.
12.2 We backup the Scale My Site systems on a periodic basis so that we are able to more
quickly restore the systems in the event of a failure. These backups are made on a snap-shot basis and,
therefore, capture only the information that exists on the system at the time of the backup. In addition, we may
destroy all but the most recent backup. These backups may not be available to you or, if available, may not be
useful to you outside of the Scale My Site systems.
12.3 Although the Scale My Site service may be used as a backup service, you agree that you
will maintain at least one additional current copy of your programs and data stored on the Scale My Site
system somewhere other than on the Scale My Site system .
13. UNAUTHORIZED ACCESS TO YOUR DATA OR USE OF THE SERVICES.
Scale My Site is not responsible to you for unauthorized access to your data or the unauthorized use of the Services
unless the unauthorized access or use results from Scale My Site’s failure to meet its security obligations
stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to
whom you have given access to the Services, and any person who gains access to your data or the Services as a
result of your failure to use reasonable security precautions, even if such use was not authorized by you.
We do not promise that the Services will be uninterrupted, error-free, or completely secure. You
acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your
privacy, Confidential Information, and property. Scale My Site has no obligation to provide security other than as
stated in this Agreement. We disclaim any and all warranties not expressly stated in the Agreement, including
the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely
responsible for the suitability of the service chosen. If you have not made the minimum financial commitment for
support and SLA coverage, the Services are provided AS IS. Any voluntary services we may perform for you at your
request and without any additional charge are provided AS IS.
15. EXPORT MATTERS.
You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset
Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom
Scale My Site is legally prohibited to provide the Services. You may not use the Services for the development,
design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass
destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1
to the Part 740 of the United States Export Administration Regulations, nor may you provide administrative
access to the Service to any person (including any natural person or government or private entity ) that is
located in or is a national of Cuba, Iran, Libya, Sudan, North Korea or Syria or any country that is embargoed
or highly restricted under United States export regulations.
16. CONFIDENTIAL INFORMATION.
Each of us agrees not to use the other’s Confidential Information except in connection with the performance
or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as
may be required by law. Each of us agrees not to disclose the other’s Confidential Information to any third
person except as follows:
- to our respective service providers, agents, and representatives, provided that such service providers,
agents, or representatives agree to confidentiality measures that are at least as stringent as those stated
in these General Terms and Conditions.
- to law enforcement or government agency if required by a subpoena or other compulsory legal process, or if
either of us believes, in good faith, that the other’s conduct may violate applicable criminal law as
required by law; or
- in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the
other written notice of at least seven days prior to disclosing Confidential Information under this
subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably
feasible), unless the law forbids such notice.
17. LIMITATION ON DAMAGES.
Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the
Services unless the failure results from a breach of this Agreement, or results from our gross negligence or
willful misconduct. If you have made the minimum financial commitment for coverage under a Service Level
Agreement, the dollar credits stated in the Service Level Agreement are your sole and exclusive
remedy for unavailability of the Services.
Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any
lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any
loss that could have been avoided by the damaged party’s use of reasonable diligence, even if the party
responsible for the damages has been advised or should be aware of the possibility of such damages. In no event
shall either of us be liable to the other for any punitive damages.
Notwithstanding anything in the Agreement to the contrary, except for liability based on willful
misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from Scale My Site’s
negligence, the maximum aggregate monetary liability of Scale My Site and any of its employees, agents, suppliers,
or affiliates in connection with the Services, the Agreement, and any act or omission related to the Services or
Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and
infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six
months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars
If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the “Scale My Site
Indemnitees“) are faced with a legal claim by a third party arising out of your actual or alleged
gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the
Agreement, violation of the AUP, or violation of Section 15 (Export Matters) of these Terms and Conditions, then
you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine,
or other amount that is imposed on the Scale My Site Indemnitees as a result of the claim. Your obligations under
this subsection include claims arising out of the acts or omissions of your employees, any other person to whom
you have given access to the Services, and any person who gains access to the Services as a result of your
failure to use reasonable security precautions, even if the acts or omissions of such persons were not
authorized by you. If you resell the Services, the grounds for indemnification stated above also include any
claim brought by your customers or end users arising out of your resale of the Services. We will choose legal
counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated
to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim.
We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You
must pay expenses due under this Section as we incur them.
19. MICROSOFT SOFTWARE.
In addition to the terms of our Agreement, your use of any Microsoft software is governed by Microsoft’s
20. WHO MAY USE THE SERVICE.
You may resell the Services, but you are responsible for use of the Services by any third party to the same
extent as if you were using the Services yourself. If you resell any part of the Services that includes
Microsoft software, then you must include these Microsoft terms described in Section 19 (Microsoft Software)
above in a written agreement with your customers as well as the content of Section 23 (No High Risk Use). Unless
otherwise agreed, Scale My Site will provide support only to you, not to any other person you authorize to use the
Services. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any
rights against either of us under the Agreement.
21. CHANGES TO THE ACCEPTABLE USE POLICY.
We may change our Acceptable Use Policy, provided that any changes are reasonable and consistent with applicable
law and industry norms. Any such changes made during the term of your Agreement will become effective to your
account upon the first to occur of: (i) renewal, (ii) your execution of a new/additional Order for your account
that incorporates the revised AUP or General Terms, or (iii) thirty (30) days following our notice to you
describing the change. If the change materially and adversely affects you, you may terminate the Agreement by
giving us written notice of termination on such grounds no later than thirty (30) days following the date the
change became effective for your account, and we will not enforce the change with respect to that account for
thirty (30) days following the date of your notice. If you terminate your Service because the change adversely
affects you, we may decide not to enforce that change with respect to your account and keep your Agreement in
place for the remainder of the term.
Your routine communications regarding the Services should be sent to your Scale My Site account team using your
Scale My Site control panel. If you want to give us a notice regarding termination of the Agreement for
breach, indemnification, or other non-routine legal matter, you should send it by electronic mail and
first-class United States mail to:
Scale My Site
1611-A S. Melrose Dr. #108
Vista, CA 92081
Scale My Site’s routine communications regarding the Services and legal notices will be sent to the individual(s)
you designate as your contact(s) on your account either by electronic mail, United States mail, or overnight
courier, except that Scale My Site may give notice of an amendment to the AUP by posting the notice on your
Scale My Site control panel. Notices are deemed received as of the time delivered, or if that time does not
fall within a Business Day, as defined below, as of the beginning of the first Business Day following the time
delivered, except that notices of AUP amendments are deemed delivered as of the first time that you log on to
your Scale My Site control panel after the time that the notice is posted. For purposes of counting days for
notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be
given in the English language.
23. NO HIGH RISK USE.
You may not use the Services in any situation where failure or fault of the Services could lead to death or
serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or
permit any other person to use, the Services in connection with aircraft or other modes of human mass
transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and
24. OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights,
and other intellectual property. Any intellectual property developed by Scale My Site during the performance of the
Services shall belong to Scale My Site unless we have agreed with you in advance in writing that you shall have an
interest in the intellectual property.
25. IP ADDRESSES.
Upon expiration or termination of the Agreement, you must discontinue use of the Services and relinquish use of
the IP addresses and server names assigned to you by Scale My Site in connection with Services, including pointing
the DNS for your domain name(s) away from Scale My Site Services.
You may not assign the Agreement without Scale My Site’s prior written consent. We may assign the Agreement in
whole or in part as part of a corporate reorganization or a sale of our business, and we may transfer your
Confidential Information as part of any such transaction. Scale My Site may use third party service providers to
perform all or any part of the Services, but Scale My Site remains responsible to you under this Agreement for work
performed by its third party service providers to the same extent as if Scale My Site performed the Services
27. FORCE MAJEURE
Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event
beyond our control, such as significant failure of a part of the power grid, significant failure of the
Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action,
terrorism, or other events of a magnitude or type for which precautions are not generally taken in the
28. GOVERNING LAW, LAWSUITS
The Agreement is governed by the laws of the State of Texas, exclusive of any Texas choice of law principle that
would require the application of the law of a different jurisdiction, and the laws of the United States of
America, as applicable. The Agreement shall not be governed by the United Nations Convention on the
International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in
the state or federal courts in Bexar County, Texas, and we each agree not to bring an action in any other
venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or
venue in these courts. You agree that you will not bring or participate in any class action lawsuit against
Scale My Site or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the
Agreement more than two years after the time that the claim accrued.
29. SOME AGREEMENT MECHANICS
These Terms of Service may have been incorporated in your Order by reference to page on the Scale My Site website.
Although we may from time to time revise the Terms of Service posted on that page, those revisions will not be
effective as to an Order that we accepted prior to the date we posted the revision, and your Order will continue
to be governed by the Terms of Service posted on the effective date of the Order. However, any amended Terms of
Service will become effective on the first day of the renewal period that follows the date that the new Terms of
Service were posted by at least thirty days. In addition, if over time you sign multiple Orders for a single
account, then the Terms of Service incorporated in the latest Order posted on the effective date of the latest
Order will govern the entire account. Scale My Site may accept or reject any Order you submit in its sole
discretion. Scale My Site’s provisioning of the Services described in an Order shall be Scale My Site’s
acceptance of the Order.
An Order may be amended by a formal written agreement signed by both parties, or by an exchange of
correspondence, including electronic mail, that includes the express consent of an authorized individual for
each of us. Any such correspondence that adds or modifies Services in connection with an account established by
an Order shall be deemed to be an amendment to that Order, notwithstanding the fact that the correspondence does
not expressly refer to the Order.
Other than as stated herein, the Agreement may be modified only by a formal document signed by both parties.
If there is a conflict between the terms of any of the documents that comprise the Agreement, the documents will
govern in the following order: Order, Terms of Service, and the Acceptable Use Policy. If any part of the
Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless
continue in effect, and we agree that the tribunal may reform the unenforceable part if it is possible to do so
consistent with the material economic incentives of the parties resulting in this Agreement. Each of us may
enforce each of our respective rights under the Agreement even if we have waived the right or failed to enforce
the same or other rights in the past. Our relationship is that of independent contractors and not business
partners. Neither of us is the agent for the other, and neither of us has the right to bind the other on any
agreement with a third party. The captions in the Agreement are for convenience only and are not part of the
Agreement. The use of the word “including” in the Agreement shall be read to mean “including without
limitation.” Sections 1, 7, 10, 16, 17, 18, 22, 24, 28, 29, 33 and all other provisions that by their nature
are intended to survive expiration or termination of the Agreement shall survive expiration or termination of
If you have made any change to the Agreement documents that you did not bring to our attention in a way that is
reasonably calculated to put us on notice of the change, the change shall not become part of the Agreement.
The Agreement may be signed in multiple counterparts, which, taken together, will be considered one original.
Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures
shall be deemed to be original signatures.
ADDITIONAL TERMS FOR CERTAIN SERVICES
30. DOMAIN NAME REGISTRATION SERVICES.
If you register, renew, or transfer a domain name through Scale My Site, Scale My Site will submit the request to its
domain name services provider (the “Registrar”) on your behalf. Scale My Site’s sole responsibility is
to submit the request to the Registrar. Scale My Site is not responsible for any errors, omissions, or failures of
the Registrar. You are responsible for closing any account with any prior reseller of
or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you
by the Registrar.
31. MAIL SERVICES.
31.1 Access. You may access you Mail Services over the web via our control panel, or via a
Scale My Site-provided API. Scale My Site may modify its control panel or APIs at any time, or may transition to new
31.2 Management of the Service. Scale My Site will provision your initial mail environment, but you
are otherwise responsible for managing your mail service, including adding mailboxes, adding wireless or other
service components, adding storage capacity, managing settings, and configuring spam filters.
31.3 Filtering. Scale My Site will provide email filtering services designed to filter spam,
phishing scams, and email infected with viruses. Scale My Site recommends that you employ additional security
measures, such as a desktop virus scanner and firewall, on computers that are connected to the Internet. Email
that is quarantined by the filtering system is excluded from the Service Level Guaranty above. Scale My Site will
use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time
to time prevent successful delivery of your messages. You acknowledge that the technological limitations
of the filtering service will likely result in the capture of some legitimate email and the failure to
capture some unwanted email, including email infected with viruses. You hereby release Scale My Site and its
employees, agents, affiliates, and third party suppliers from any liability for damages arising from the
failure of Scale My Site’s filtering services to capture unwanted email or from the capture of legitimate
email, or from a failure of your email to reach its intended recipient as a result of a filtering service
used by the recipient or the recipient’s email service provider.
31.4 Memory Limitations. Mail that exceeds the storage limit when received may be permanently
lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your
obligation to monitor and adjust the storage capacity of individual mailboxes as needed. An individual email
message that exceeds the per-message size limit may also be permanently lost. As of July 2012, the
per-message size limit is 50MB.
31.5 Content Privacy. Your email messages and other items sent or received via the mail service
will include: (i) the content of the communication (“content”), and (ii) certain information that is
created by the systems and networks that are used to create and transmit the message (the “message routing
data”). The content includes things like the text of email messages and attached media files, and is
generally the information that could be communicated using some media other than email (like a letter, telephone
call, CD, DVD, etc.) The message routing data includes information such as server hostnames, IP addresses,
timestamps, mail queue file identifiers, and spam filtering information, and is generally information that would
not exist but for the fact that the communication was made via email. The content of your items is your
Confidential Information and is subject to the restrictions on use and disclosure described in these Terms of
Service. However, you agree that we may view and use the message routing data for our general business purposes,
including maintaining and improving security, improving our services, and developing products. In addition, you
agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we
do not include any information that could be used to identify you.
31.6 Usage Data. We collect and store information related to your use of the Services, such as
use of SMTP, POP3, IMAP, and filtering choices and usage. You agree that we may use this information for our
general business purposes and may disclose the information to third parties in aggregate statistical form,
provided that we do not include any information that could be used to identify you.