Managed E-mail Content Service Attachment
I. SERVICE DESCRIPTION: Managed E-mail Content service (Managed E-mail) is a managed security service for Internet access Customers which scans Customer e-mails for viruses, unsolicited commercial e-mail (UCE or Spam) and/or pornographic images (as applicable) in E-mails sent to or from Customer E-mail addresses and includes three types of service, which Customers can order individually or together: Anti-Virus, Anti-UCE and Image Control. At Customers request, Anti-Virus and Image Control can also scan outgoing E-mail. Managed E-mail accesses the content of scanned E-mail, which may include nonpublic and personal information, for the limited purpose of providing that service, as described in these Managed E-mail provisions. Certain E-mail content will not be scanned by Managed E-mail, including but not limited to content that is password-protected and encrypted. Managed E-mail will not scan inbound E-mail received from any IP address or domain originating from the same server as used by Customer. For purposes of Managed E-mail, managed service means that Verizon will maintain, monitor, support and provide reporting on the service. Verizon owns all equipment, software, and other inputs in providing the service. Except where explicitly stated otherwise, the service description and conditions of service contained in these Managed E-mail provisions apply to all three types of Managed E-mail service, Anti-Virus, Anti-UCE services and Image Control.
1. Installation. Before installation, Customer must provide to Verizon the appropriate, current configuration form, fully completed and accurate. Customer must configure its E-mail servers to accept E-mail only from Verizon-designated sources. Customer is responsible for confirming that Managed E-mail is configured in accordance with Customers preferences prior to and at all times after activation of Managed E-mail.
2. Service Configuration. Verizon will configure Managed E-mail based on the Customers configuration form. Customer is responsible for confirming that Managed E-mail is configured in accordance with Customers preferences prior to and at all times after activation of Managed E-mail.
3. Scanning. E-mail identified for interception by Anti-Virus or Anti-UCE will be directed to a restricted-access location for a limited period of time, where it will be handled according to rules established based on Customers request, either automatically, by Customer-designated administrator(s) or by end users. E-mail identified for interception by Image Control (based on a high, medium or low filter sensitivity setting) will be handled according to the rules established based on Customers request (e.g., log only, tag header, copy or redirect to administrator, block and delete). E-mails identified by Image Control as possibly containing a pornographic image will not be stored by Verizon. Image Control does not currently scan video files. For Customers selecting a combined service type, E-mail will be scanned in the following order, as applicable: (a) Anti-Virus, and if not identified for interception then; (b) Anti-UCE, and if not identified for interception, then; (c) Image Control. If a Customer releases or requests the release of an E-mail identified for interception by Anti-Virus, the released E-mail will not be scanned by Anti-UCE or Image Control or Content Control if released, (nor will Image Control Intercepted E-mail be scanned by Content Control if released).
4. Administration. After installation, Customer will administer certain aspects of Managed E-mail (e.g., the routing of intercepted E-mail) and Verizon will administer other aspects (e.g., E-mail scanning rules).
5. Web Portal. Verizon will provide a web portal at which Customer administrators and end users, as appropriate, can access information about service configuration, intercepted E-mail, reporting and support (Web Portal).
6. Monitoring. Verizon will monitor Managed E-mails availability, capacity and resource utilization on a 7 x 24 x 365 basis.
7. Maintenance. Verizon will maintain Managed E-mail by updating it (e.g., with patches, bug fixes, and software upgrades) when approved for general distribution to Verizon Customers. Verizon will attempt to minimize disruptions resulting from planned maintenance.
8. Reports. Verizon will provide regular reports on intercepted E-mails at the Web Portal.
9. Support. Verizon will provide Customer with contact information for telephone and web portal based support.
II. DEFINITIONS: In addition to the definitions found in the Online Definitions, the following apply to Managed Firewall Service:
End User: An end user E-mail address for which the applicable Managed E-mail service is ordered, whether or not any E-mail is actually sent to or from that address.
III. FEATURES AND OPTIONS: The following features are available: None.
IV. RATES AND CHARGES: In addition to the rates and charges for Managed E-mail Content Service may be found in Customers Service agreement or related attachments the following charge applies:
V. TERMS AND CONDITIONS: In addition to the Online Master Terms the following terms and conditions apply.
1. Customer Obligations. Customer shall comply with all obligations set forth in the Online Terms, related Service Attachment, the related Agreement, and all obligations set forth in any end user Software licenses for Software that may be provided by Verizon for use with Managed E-mail. Customer acknowledges that it is not relying on any representations or warranties made by a manufacturer except for those warranties expressly made in a Software end user license agreement (if applicable to Customer).
2. Service Limitations. Managed E-mail may be provided to end users worldwide but to receive Managed E-mail, Customer must be incorporated in the United States. Managed E-mail is available only to end users with fixed IP addresses (as opposed to IP addresses that are dynamically allocated) with dedicated, broadband IP connections (as opposed to dial-up or ISDN connections), whether provided by Verizon or another provider. Scanning of outbound E-mail will not be available to Customers using a shared server for E-mail, except under special arrangements agreed to by the parties. Certain E-mail content will not be scanned by Managed E-mail, including but not limited to content that is password-protected and encrypted. Managed E-mail will not scan inbound E-mail received from any IP address or domain originating from the same server as used by Customer.
3. Disclaimer. Managed E-mail Service is provided As Is. The warranties and representations, including any Service Level Agreement (SLA), expressly set forth in this service attachment and related Agreement are exclusive. Verizons entire liability and Customers sole and exclusive remedies regarding Managed E-mail service are set forth in the paragraph labeled Service Level Agreement. Customer acknowledges and agrees that (i) Managed E-mail constitutes only one component of Customers overall security program and is not a comprehensive security solution; (ii) there is no guarantee that Managed E-mail will be uninterrupted or error-free, that networks or systems connected to or supported by Managed E-mail will be secure, or that Managed E-mail will meet Customers requirements; (iii) there is no guarantee that any communications sent by means of Managed E-mail will be private; (iv) there is no guarantee that Managed E-mail will identify all E-mail not desired by Customer or will not identify for special handling any E-mail that are desired by Customer.
4. Limitation. Without limiting Section V.3 above, neither Verizon nor any of its vendors are liable to Customer or any end user for (i) any damage or loss resulting from the content of E-mail that passes through Managed E-mail to or from Customer or any end users, including, without limitation, resulting from the access of Verizon or any of its vendors to such content for purposes of providing Managed E-mail; (ii) any delay or inability of Customer to receive or send E-mails due to the operation of Managed E-mail; or (iii) any identification of an E-mail that should not have been identified for special handling or any failure to identify an E-mail that should have been identified for special handling.
5. Mitigation. Verizon reserves the right to make changes to, suspend or terminate Managed E-mail in whole or in part, as needed to address threats to the security and effectiveness of Managed E-mail. Customer agrees that it will not allow its system to be used for Open Relay or to distribute UCE, viruses or pornographic images. If it is determined that Customers e-mail system allows Open Relay or is being used to distribute UCE, viruses or pornographic images, Verizon will work with Customer to develop a mitigation plan but Verizon may elect to suspend or terminate service to Customer as it reasonably deems necessary to protect service effectiveness or security, for example, if Customer does not implement the mitigation plan.
6. Service Level Agreement (SLA). The SLA for Managed E-mail, which is made a part of the Customers Service Agreement, is set forth at http://www.verizonbusiness.com/terms/ (or other location specified by Verizon). Verizon reserves the right to amend the SLA from time to time effective upon posting of the revised SLA to the URL cited above or other notice to Customer; provided, that in the event of any amendment resulting in a material reduction of the SLAs service levels or credits, Customer may terminate this Service Attachment without penalty by providing Verizon written notice of termination during the 30 days following notice of such amendment (unless during the 30-day notice period, Verizon cures the material reduction). The SLA sets forth Customers sole remedies for any claim in connection with Managed E-mail, including without limitation any claim relating to shipment, installation, performance, or failure to meet any standard set forth in the SLA. Verizons records and data shall be the basis for all SLA calculations and determinations.
7. Customer Data. Customer (and not Verizon) is responsible for taking any steps that may be required by law or otherwise to inform end users and others sending and receiving E-mail from or to the domains receiving Managed E-mail that such E-mail is subject to scanning for viruses and/or UCE and as a result the E-mails traffic data, header information and/or content may be accessed for that limited purpose. As a part of that limited purpose, Verizon (including its suppliers used in providing this service) may use any virus-, UCE-, and pornography-related content and taggled, blocked or logged textual content to (i) maintain and improve the performance and integrity of Managed E-mail, (ii) observe, study and test the functioning of Managed E-mail; (iii) comply with regulatory, legislative or contractual requirements (including cooperating with law enforcement authorities); and (iv) make available to licensors information passing through Managed E-mail for the purposes of enhancing Managed E-mail and protecting against viruses, UCE and pornography. Customer acknowledges that the United States and other countries regulate the treatment of E-mail and other information and will comply with all applicable data protection, privacy and similar laws in its use of Managed E-mail and that Verizon is not liable for any use of Managed E-mail by Customer in a manner that is inconsistent with legal requirements or by Verizon in accordance with the above limited purpose.
7.1 In certain jurisdictions the use of components of Managed E-mail may be restricted by law and/or it may be necessary to obtain the consent of or provide adequate notice to individual end-users or third parties, including but not limited to employees of Customer impacted by Managed E-mail, and/or where required, to inform, consult or agree with employee representatives, and/or to file a declaration with the appropriate data protection authority and/or to take other steps prior to and in connection with monitoring or filtering of electronic communications traffic using Managed E-mail or parts thereof. Verizon makes no representation as to where or if such requirements or any other requirements apply in the jurisdiction where Customer deploys Managed E-mail or any other jurisdiction where such deployment has effect. It is Customers sole responsibility to obtain its own legal advice as it deems necessary and to comply with any applicable data protection, privacy, law, regulation, codes of practice or other requirement prior to deploying and otherwise in connection with the ongoing operation of managed E-mail. Customer will investigate and comply with all such laws and regulations, codes and requirements.
7.2 Customer acknowledges and agrees that the configuration of Managed E-mail components and its implementation is entirely within the control of the Customer. In particular, Image Control and Content Control are intended to be used solely to enable the Customer to enforce an existing, effectively implemented Acceptable Computer Use Policy (or its equivalent), to the extent permitted by applicable law and regulations. Customer undertakes to ensure at all times that the configuration of Image Control and Content Control is in compliance with such a policy and applicable laws and regulations in the affected jurisdictions. Verizon and Verizon Affiliates accept no liability that may be incurred by Customer as a result of the operation of Managed E-mail. Customer recognizes that, for instance, the definition of what does and does not constitute a pornographic image may be subjective or subject to legal and regulatory requirements and this should be taken into account during Customers configuration of the Image Control option.
7.3 Without limiting the generality of foregoing, Customer shall ensure that in its use of the Anti-UCE, Image Control and Content Control Managed E-mail options, it complies with the following usage restrictions:
7.3.1 Customer must not use the anti-UCE, Image Control or Content Control Managed E-mail Options, if its corporate mail server is located with Germany (DE) Austria (AT), Switzerland (CH) France (FR) or Argentine (AR);
7.3.2 Any domain, top level domain or sun domain that references DE,AT,CHA,FR or AR will be excluded from the Anti-UCE, Image Control or Content Control Managed E-mail options (i.e. top level domains or sun domains with either top level domain extensions of .de., .at, .ch, .fr, .ar or respective sub domain(s); and
7.3.3 Customer must not use the Anti-UCE, Image Control or Content Control Managed E-mail options to scan in- or outbound e-mail Traffic to/from such employees or other end users who are based within DE, AT, CH, FR or AR and/or spend more than half of their working time within these countries (Restricted Recipients); in particular, if the Verizons domains include any e-mail addresses of Restricted Recipients, Customer must ensure that Restricted Recipients are excluded from the Anti-UCE, Image Control and Content Control Managed E-mail options by setting up appropriate sub-domains for those Restricted Recipients and excluding such sub-domains from scanning for such options, or by comparable technical means.
7.4 Customer shall indemnify Verizon and Verizon Affiliates, and Verizons and Verizon Affiliates, officers, directors, employees, agents and partners in respect of any and all claims, regulatory actions, losses, damages, cost and expenses suffered or incurred directly or indirectly by Verizon and Verizon Affiliates, and Verizons and Verizon Affiliates associates, officers, directors, employees, agents and partners from arising out of Customers failure to ensure the necessary compliance with applicable laws, regulations and other requirements, including the above usage restrictions.
7.5 Customer acknowledges that Verizon does not have access to, control or influence over the content of any e-mails processed by Managed E-mail and, to the extent that any e-mails consist of or constrain personal data as such term is defined in the EU Directive 95/46/EC, Verizon is not a data controller of such personal data and will only process the same on the instructions of Customer, who shall be considered as the data controller of such personal data.
8. Export Compliance. The parties hereby acknowledge that the products, technology, and/or services (Products and Technology) provided under Managed E-mail or related Service Attachment may be subject to export, import and use controls under the laws and regulations of the United States (U.S.), other foreign governments and international agreements. Each party shall comply with such laws and regulations and agrees that it and the end users of the Products and Technology will not export, re-export or transfer Products and Technology without first obtaining all required U.S. or foreign government authorizations or licenses. The parties agree to provide the other such information and assistance as may reasonably be required by the other in connection with securing such authorizations or licenses, and to take timely action to obtain all required support documents. Customer represents and warrants that it is a U.S. citizen or permanent resident, or a corporation organized under the laws of one or more of the United States of America, and that Customer is not subject to a U.S. government order suspending, revoking or denying export privileges. Each party agrees to maintain a record of exports, re-exports, and transfers of the Products and Technology for five years and to forward within that time period any required records, at the other partys request, to the applicable U.S. or foreign government agency. Each party agrees to permit audits by the other party or the U.S. or foreign government as may be required under the applicable laws and regulations.