The terms of service for em.ca
Service Notes and Terms (full legal text available on request):
E. M. Canada has a zero tolerance "spam" policy. Any user who sends unsolicited bulk Internet mail and/or uses our server as a mail relay for "spam", hosts a site advertised by unsolicted bulk Internet mail, uses an em.ca e-mail address as a return address on such a mailing/posting, or otherwise abuses normal mail usage and/or "netiquette" (defined at our discretion) may be subject to, at the discretion of E. M. Canada, immediate account revocation and liability for damages or costs incurred by E. M. Canada as a result of the actions of a user. E. M. Canada may revoke account privileges if we become aware that a user is engaging in illegal activities.
Users should be aware that E. M. Canada blocks mail from some internet servers in order to prevent spam, but otherwise does not censor or filter mail. System administrators do not work with client e-mail accounts without specific request or direction from the client.
There are occasions in which e-mail is "bounced" by both the source and destination servers and a copy of the "bounced" e-mail ends up in one of our e-mail administrator's mail accounts. E-mail which is received in this manner, or e-mail which has been seen by adminstrators in the course of their duties, is covered by a user information privacy policy and agreement which our administrators sign and adhere to. Breaches of user privacy may be legally actionable by E. M. Canada against its administrators under the terms of our privacy policies and agreements.
If an administrator were to discover illegal material (like child porngraphy) in the course of a user directed mailbox repair or in mail which "bounces" to an administrator, E. M. Canada is under legal obligation under the laws of Canada to take action to report this to appropriate authorities and will report such.
E. M. Canada supports user privacy. Users are encouraged to use encryption for all e-mail which is sensitive in nature. E. M. Canada provides classes in how to use e-mail encryption. E. M. Canada in no way condones illegal activity by any of its clients, and in no way supports illegal activities by providing training in the use of encryption technology.
All prices are in Canadian dollars. US dollar and other currency pricing is available on request.
E-mail accounts which have not had any activity for more than 30 days, and have mail in them which exceeds 5MiB after that 30 days will be emptied without saving the data. If a user will be away for more than 30 days and wishes to make special arrangements they may do so by contacting us.
E-mail users with e-mail boxes which regularly exceed 10MiB of mail for more than a 24 hr period will be required to pay an additional $5 per year.
Attempts to compromise the security of our servers, or otherwise disrupt service or normal operation of the server or service will be dealt with as severely as allowed by law and will be subject to immediate revocation of all services.
In no case will the liability of E. M. Canada regarding one of its customers exceed the cost of services E. M. Canada has provided to to that customer, or $200 whichever is less.
E. M. Canada provides service on a no refund basis. There is no sign-up fee, but there is also no refund unless your computer has been unable to connect to our server, or we have been unable to provide service as described under our service description. That is: If you can't connect to our service we will give you your money back. If our servers were destroyed in a natural disaster prior to our being able to provide service we will give you your money back. If you decide after two months that you don't need our service for whatever reason, we will not refund your money. If you move away to another city, we will not refund your money (if you move to a city in which E. M. Canada provides service we will happliy reconfigure and/or redirect your account to reflect that move).
E. M. Canada does not provide any assurance that an account which has past its renewal date will remain functioning passed its renewal date. E. M. Canada generally holds accounts open for 30 days after their renewal date, but does not guarantee that it will do so. E. M. Canada is not responsible for any e-mail lost because clients do not renew their accounts in a timely manner.
E. M. Canada and its affiliated companies are in no way responsible or liable in the event of service disruptions beyond our control such as internet service outages at any point on the internet, client or user error, client security lapses (like giving someone your password...). E. M. Canada is not responsible for any contact or solicitations outside parties may make to E. M. Canada clients and urges clients to delete unsolicited e-mail without reading it. E. M. Canada is not responsible for errors caused by Y2K or other date related problems on outside or user systems.
E. M. Canada will not allow law enforcement officials access to user account information or access to mail traffic for any reason unless a court order or other equivalent legal instrument forces such action on our part, notwithstanding the previous paragraph regarding attempts to compromise the security of our servers.
E. M. Canada does not warrant that any user data will be recovered in the event of a crash or other catastrophic failure of the drives (or server) in the server RAID (see definition below). That is: If we were to do a daily backup at 3 am, and an ireccoverable crash or failure of all drives in the RAID were to take place at 11 am, all e-mail collected and stored between those periods would be lost.
E. M. Canada servers all have RAID (Redundant Array Independent Disk) hard drives which provide hot mirroring of data. In the event of catastrophic failure of one hard drive one of the other drives in the RAID would take over serving data as though there had been no failure. Users would not even be aware of a drive failure.
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