Terms of Service
By visiting any Web site on the domains abetteroutlook.com or abomail.com, (collectively, the “Site”) and/or using or purchasing services from or through this Site, you agree to be subject to the terms and conditions set forth herein (the “Terms of Service”). We reserve the right to revise the Terms of Service and any offerings or pricing on this Site at any time. Such revisions take effect immediately upon posting.
The Terms of Service is the entire agreement between you and BTR Associates, LLC (“BTR Associates”) relating to your use of the Site and supersedes any and all other communications and any course of performance or dealing, except as modified by revisions to the Terms of Service by BTR Associates or by written agreement by an authorizedIt is your responsibility to keep BTR Associates notified of any changes to your email address or other contact information to assure that you receive any and all notices from BTR Associates relating to the Site or the Terms of Service. Billing and contact information can be updated directly through the BTR Associates Control Panel (the “Control Panel”) or by contacting BTR Associates' Billing department through our Support Request Form.
Service with BTR Associates includes licensing for Microsoft Outlook Software. BTR Associates will pay associated licensing fees, however will charge a small fee to ship to you if requested. You are only allowed to install software on one machine for each mailbox.
If your account is suspended due to non-payment, you will be required to pay the total balance due plus an additional six and one-half percent (6.5%) of the total balance due prior to your account being re-enabled.
Customers are responsible for keeping billing information up to date. BTR Associates reserves the right to suspend an account if we are not able to process payment through the credit card or payment is outstanding. You can review and correct information through the " “Billing” link in the Control Panel.
If a check received by us for payment is returned, BTR Associates reserves the right to suspend or cancel service until the payment plus a $35.00 returned check fee, has been received by us. BTR Associates reserves the right to accept only U.S. Postal money orders as payment if any check is returned for any reason. We may also require that you pay by credit card for future payments.
Unless specifically noted otherwise for the service that you signed up for, you are free to cancel your service at any time. Each of A Better OutlookSM 's Exchange and SharePoint Hosting packages carries a thirty (30) day money back guarantee. If you are not completely satisfied with our services within the first thirty (30) days, you will be given a full refund, excluding setup and professional fees. Setup and professional fees are refundable only for the following reasons:
* the account order is cancelled prior to activation; or
* the domain name was not available from the InterNIC
Domain registration fees are non-refundable; however arrangements can be made to transfer the domain name to your new provider.
No refunds are available after the thirtieth (30th) day.
All cancellations must be received in writing or performed via the Control Panel by the deadlines indicated; regular mail, email and fax notifications are all acceptable. Phone requests do not constitute effective cancellation.
If you select the annual payment option and choose to cancel your account after the first thirty (30) days, you may be eligible for a partial refund. BTR Associates will charge you the current monthly rate for the months you were a customer and refund any balance. Your refund will generally be made in the same form of payment you used when paying for your service (e.g., credit card, or check).
The use, disclosure and security of data you provide to us while using this Site is governed by BTR Associates' Privacy Policy, as may be amended from time to time.
All mailboxes have a set storage limit. Additional storage may be purchased by choosing "Billing" and "Upgrade Wizard" from the Control Panel. It is your responsibility to make certain their mailbox does not reach maximum capacity. BTR Associates is not liable for email lost due to oversized mailboxes.
BTR Associates services may only be used for lawful purposes. Transmission or solicitation of any material that violates any applicable United States Federal, State or other laws is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by BTR Associates that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by BTR Associates.
As a convenience to you, BTR Associates may provide site electronic files and/or links to Web sites operated by other entities (the "Linked Sites"). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by BTR Associates. The content provided by Linked Sites are not investigated, verified, monitored, or endorsed by BTR Associates.
Due to strict SPAM prevention policies implemented by third party email systems (such as AOL and Hotmail) and our mission to provide reliable email service to our customers, we have a strict policy of zero-tolerance towards any emails sent out by a customer that may jeopardize our ability to deliver other customers’ emails to third party mail systems.
Our email hosting service is not designed for sending out large quantities of email marketing messages. Sending unsolicited commercial or bulk email or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a BTR Associates-hosted Web site listed as the contact address, or any use of BTR Associates' services or systems associated in any way with such mailings is strictly prohibited. Users may only send verifiable Opt-in email under the limitations set forth in this section. Such Opt-in email may not exceed a total of 200 emails per calendar month across all users in your account. If you need to send out a larger quantity of e-mails, then you must use a third-party email marketing service. At any time, upon BTR Associates' request in its sole discretion, you may be required to provide documented proof that all of your end-users have opted in. This can be done by storing the IP address, a date-timestamp, and a unique ID for the opt-in.
BTR Associates has the right to immediately terminate, without any warning, the account of any customer who violate the provisions of this section. BTR Associates also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. BTR Associates reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. To report spam, please forward the spam with all original headers to abuse@abomail.com.
It is a violation of the Terms of Service for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in BTR Associates' sole discretion. Further, BTR Associates shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by BTR Associates in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
It is a violation of the Terms of Service for you to attempt to breach or to breach the security or firewall systems of BTR Associates, its Internet access provider, or its affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at abuse@abomail.com. Complaints may be investigated by BTR Associates but BTR Associates is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of BTR Associates. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to us by filling out our Support Request Form.
You agree to indemnify, defend, and hold BTR Associates, its affiliates, agents, employees, and licensors harmless from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of the Terms of Service, violation of any law or regulation, or violation of any proprietary or privacy right.
BTR Associates may terminate this agreement and your access to any or all Services at any time, with or without cause, effective immediately. BTR Associates shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by BTR Associates to have violated the Terms of Service may be barred from receiving any services from BTR Associates.
You may terminate this agreement at any time by using the Control Panel. On the next business day, we will cancel all services and such date will be considered the date of termination.
Termination, by us or you, does not release you of any past or current fees owed for services rendered through the date of termination.
All services shall be provided in a timely manner by qualified persons in accordance with the degree of care generally observed in the industry. BTR Associates does not warrant that the services, hosted application software or other software employed by it for your benefit are error-free.
You shall notify BTR Associates by email, as soon of practicable of any claim that BTR Associates has failed to deliver services in accordance with this agreement. If BTR Associates determines that services are not being delivered in accordance with this agreement or the applicable proposal, its sole obligation under this warranty is to bring the services into compliance with this agreement or the applicable proposal in a manner consistent with its regular business practices.
THE ABOVE IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY BTR ASSOCIATES. BTR ASSOCIATES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES OF MERCHANTABILITY. NO WARRANTY WITH RESPECT TO THE HOSTED APPLICATION SOFTWARE IS MADE AND YOU HAVE NOT RELIED ON ANY OTHER WARRANTY IN ITS DECISION TO EXECUTE THIS AGREEMENT.
BTR ASSOCIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OR SUFFERED BY YOU, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, LOSS OF OPERATING TIME, OR LOSS OF THE USE OF ANY EQUIPMENT OR PROCESS SUFFERED DIRECTLY OR INDIRECTLY BY YOU, OR LOSS OF ANTICIPATED SAVINGS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WITHOUT REGARD TO ANY DETERMINATION THAT A REMEDY SPECIFIED HEREUNDER FAILS IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BTR ASSOCIATES’ LIABILILTY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES.
BTR Associates will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond the control of BTR Associations.
YOU AND BTR ASSOCIATES ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT ONE THAT MAY BE WAIVED. AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, YOU AND BTR ASSOCIATES WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT.
These Terms shall bind and benefit the successors and heirs of the parties. If any provision of these Terms of Service should, for any reason, be held invalid or unenforceable in any respect, the remainder shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable
The Terms and the relationship between you and BTR Associates shall be governed by and interpreted in accordance with the laws of the State of Michigan, United States of America, without reference to its principles of conflicts of law. You consent to the federal and state court of the State of Michigan having exclusive jurisdiction over you.
