TERM AND TERMINATION
The TERM of this Agreement shall be twelve (12) calendar months from the Billing Start Date. Payment for services can be made on a monthly or on an annual basis.
Perimetec reserves the right, and you agree to this right, to cancel any contract
All information (including, but not limited to, text, photographs, graphics, video) or materials transmissible via email or webmail shall constitute "Content" for the purposes of definition within this agreement.
Any person or entity entering into any contract with Perimetec for the purposes of receiving services shall be known and identified as “Client” or “User” or "Customer" in this agreement.
The Perimetec name and logo are trademarked property of Perimetec Solutions Incorporated. As a subscriber to our services “client” or “user”, you agree to never infringe upon Perimetec’s intellectual property through the registration of similar or matching names, trademarks or internet domains or in any other manner.
Perimetec provides its services to you, “client” or “user” , subject to the following Terms and Conditions of this Agreement which may be updated or changed by Perimetec at any time without notice by the posting of these changes online to the Perimetec.com website.
“Client” and/or “user” agree to be bound by the terms and conditions of this agreement. When using Perimetec’s services, you agree to be bound by any posted conditions, guidelines or rules applicable to our services including the “Acceptable Use Policy” found in this agreement.
Perimetec provides “client” and/or “user” with access to webmail, email spam filtering and email anti-virus scanning. You understand and agree that all services are provided "AS-IS" and that Perimetec assumes no responsibility for the timeliness, deletion or incorrect delivery of any email communications processed by our service. Perimetec is not a mail-hosting service you (client and/or user) must provide and are responsible for all equipment necessary to receive email forwarded to you through our service.
“Client” and/or “user” acknowledges that Perimetec may establish general practices and limits concerning use of our Services, including without limitation the maximum number email messages that may be sent
from or received by an account on our Service and the maximum size of any email message that may be sent from or received by an account on our Service. You agree that Perimetec has no responsibility or liability for the deletion or failure to transmit any messages and other communications or other Content transmitted by our Service. You acknowledge that Perimetec
reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
“Client” and/or “user” acknowledges that total allowable email throughput per month is 250 Megabytes (0.25 Gigabytes) per mailbox in your domain. Clients may share bandwidth accross email users in their domain (eg a domain with 20 mailboxes may share 5 Gigabytes/Month.
Over-limit charges may apply at a cost of $5.00 / Gigabyte.
Acceptable Use Policy
You agree to be bound by the following Acceptable Use Policy.
You agree not to deliver mail to our services or knowingly cause mail delivered to our services that would be deemed illegal by authorities of competent jurisdiction or be deemed unacceptable by Perimetec. These include but are not limited to (including mail attachments) hate email or email promoting racism, child pornography or email advocating or soliciting others to engage in illegal activities or email or content in violation of any statute or regulation. You agree not to use our services to test SPAM (bulk or unsolicited email) or to use our services to send SPAM (bulk or unsolicited email). You agree not to use our service or subject our service or website or servers to activities that may in any way impair or attempt to impair the stability or good function our services, website or servers or in any way negatively affect or impair the use of our services by other users.
Perimetec reserves the right of sole determination as to what constitutes acceptable use of our services and reserves the right to take any action or pursue whatever remedy Perimetec deems is necessary to maintain or restore acceptable function of our services, website or servers or access to our services, website or servers. Perimetec further reserves the right to take any legal action it deems necessary to maintain the reliability and good function our services, website or servers including pursuit of damages as compensation for activities and behavior directed towards damaging the reliability and good function of our services, website or servers. You acknowledge that violation of the Acceptable Use Policy or any part of this agreement may result in immediate suspension or termination of your account without recourse, compensation or reimbursement. You further acknowledge that violation of any part of this agreement may result in legal action against you.
When subscribing to our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration/subscription form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Failure to do so constitutes a violation of this agreement.
You are responsible for maintaining the confidentiality of your account, login and password and are fully responsible for all activities that occur through your account.
You agree to (a) immediately notify Perimetec of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from all account sessions at the end of each user session whether at private or public access terminals.
Perimetec shall not be liable for any loss or damage arising from your failure to comply with any terms and conditions of this agreement.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and the sender and not Perimetec are entirely responsible for all content that you email, transmit or otherwise make available via our services. Perimetec does not control the Content transmitted via our services and, as such, does not guarantee the accuracy, integrity or quality of such.
You understand that by using our services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Perimetec be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through our services.
You agree to not use our services to:
1. Email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
2. Harm minors in any way.
3. Impersonate any person or entity, including, but not limited to a Perimetec official or falsely state or otherwise misrepresent your affiliation with a person or entity 4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our services
5. Email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
6. Email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
7. Email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
8. Email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
9. Interfere with or disrupt our services or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services
10. Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, the NASDAQ, Toronto Stock Exchange, and any regulations having the force of law
11. “Stalk" or otherwise harass another.
You acknowledge that our services does not pre-screen content, and that shall have the right (but not the obligation) in its sole discretion to refuse to forward or transmit any content that is deemed objectionable. Without limiting the foregoing, Perimetec and its designees shall have the right to remove any content that violates this agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content transmitted through Perimetec’s services.
You acknowledge and agree that Perimetec’s services may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Perimetec, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Customer shall have the right to terminate this agreement with or without cause during a thirty (30) day trial period, which commences on the day of Activation. If PERIMETEC receives Customer’s written termination notice before the end of such trial period, (i) PERIMETEC waives all right to fees and Customer shall receive a credit for any fees paid, if any, and (ii) Customer waives all claims or rights arising out of or related to this Agreement or our services. If PERIMETEC does not receive Customer’s written termination notice before the end of the trial period, this Agreement shall continue and user/client shall be obligated to pay all fees agreed to in the buy now/ online order section of our website.
When Customer notices an interruption of service / Outage or believes that there has been an Outage, Customer will inform PERIMETEC’s Customer Support Department in writing or by email within seven (7) days of first notice. Failure to comply with this requirement will forfeit Customer’s right to receive a remedy for the Outage. If an Outage occurs despite the fact that Customer fulfills all of its obligations under the Agreement, PERIMETEC will provide Customer with a pro-rata credit on Customer’s fee for the month in which the outage occurred. The pro-rata credit shall be calculated by multiplying the Outage Percentage with Customer’s total monthly fee in the month during which the Outage occurred.
Customer shall not have any remedies under the Terms or this agreement in connection with any failure of our services that is caused by or associated with circumstances beyond PERIMETEC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power or equipment needed for performance under this agreement; scheduled maintenance and upgrades; DNS issues outside the direct control of Perimetec; outage or error of any Perimetec measurement system; Customer's acts or omissions, including without limitation, any negligence, willful misconduct, or use of our services in breach of this agreement.
Perimetec will provide scheduled maintenance that will include any maintenance at third party data centers at which Perimetec’s services are hosted and any maintenance on Perimetec’s servers and software. Perimetec will make all reasonable attempts to ensure that scheduled maintenance that affect the availability of Perimetec Services for more than thirty (30) minutes is outside of regular business hours. (Monday-Friday 09:00-17:00 EST)
You agree to indemnify and hold Perimetec and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you email, receive, transmit or make available through our services, your use of our services, your connection to our services or your violation of this agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our service or website.
You acknowledge that Perimetec may establish general practices and limits concerning use of our services, including without limitation the maximum number email messages that may be sent from or received by you and the maximum size of any email message that may be sent from or received by you. You agree that Perimetec has no responsibility or liability for the deletion or failure to transmit any messages and other communications or other content transmitted by our services. You acknowledge that Perimetec reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Perimetec reserves the right at any time to modify or temporarily discontinue any of our services (or any part thereof) with or without notice. You agree that Perimetec shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of our services.
Due to the sensitive and critical nature of maintaining email services to our customers, Perimetec’s policy is to not immediately terminate services for customers over issues regarding nonpayment of account and/or service renewal fees. This grace-period policy is offered solely as a gesture of goodwill to clients/users/subscribers in recognition of the fact that circumstances do occur that may delay payment on accounts due.
You agree that it is your responsibility to properly notify Perimetec via email at firstname.lastname@example.org no less than 15 business days prior to your service renewal date should you decide to discontinue your service. Should you fail to properly notify Perimetec no less than 15 business days prior to your service renewal date of your intent to discontinue services and then utilize Perimetec’s services in any way for any part of any following monthly subscription period, you agree to pay Perimetec in full for that month at the then posted monthly subscription rate for the service level subscribed.
You agree that Perimetec in its sole discretion, may terminate your password, account (or any part thereof) or use of our services, and remove and discard any content within our services, for any reason, including, without limitation, if Perimetec believes that you have violated or acted inconsistently with the letter or spirit of this agreement. You agree that any termination of your access to our services under any provision of this agreement may be effected without prior notice, and acknowledge and agree that Perimetec may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services. Further, you agree that Perimetec shall not be liable to you or any third-party for any termination of your access to our services.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERIMETEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PERIMETEC MAKES NO WARRANTY THAT (i) SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RECEIPT OF ANY SUCH MATERIAL. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERIMETEC OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERIMETEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERIMETEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.
PERIMETEC AND/OR BARRACUDA NETWORKS DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. PERIMETEC AND/OR BARRACUDA NETWORKS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, PERIMETEC AND/OR BARRACUDA NETWORKS ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, PERIMETEC AND/OR BARRACUDA NETWORKS ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT. CUSTOMER AGREES TO PROVIDE TO BARRACUDA NETWORKS, AT NO CHARGE, AN UNLIMITED LICENSE TO USE ANY PATENTS OR INTELLECTUAL PROPERTY THAT ARE UTILIZED IN ANY BARRACUDA NETWORKS PRODUCTS. PERIMETEC AND/OR BARRACUDA NETWORKS DO NOT WARRANT THAT THE PRODUCTS OR ANY NETWORKS OR SYSTEMS PROTECTED BY THE PRODUCT WILL BE FREE FROM VULNERABILITY, INTRUSION, ATTACK, OR OTHER DAMAGE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Special Admonition for Services Relating to Financial Matters
Our services is provided for informational purposes only, and NO CONTENT TRANSMITTED THROUGH OUR SERVICES is intended for trading or investing purposes. Perimetec and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
It is your responsibility to maintain current contact and address information with our services and to maintain a valid postmaster@ email address that delivers or redirects mail from our services to the person responsible for your user/subscriber account.
Trademark Information The Perimetec logo is a trademarks of Perimetec. The Client/User/ Subscriber agrees not to display or use in any manner, the Perimetec mark without the prior written permission from Perimetec
Jurisdiction and Severability
This agreement as available on our website shall constitute the entire agreement between you and Perimetec and governs your use of our services, superseding any prior agreements between you and Perimetec. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third-party software. THIS AGREEMENT and the relationship between you and Perimetec shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. The failure of Perimetec to exercise or enforce any right or provision of the THIS AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the THIS AGREEMENT is found by a court of competent jurisdiction to be invalid, the offending section shall be severed from the THIS AGREEMENT without negating the remaining sections of the THIS AGREEMENT. The User/Client/Subscriber and Perimetec further agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid provision, and the other provisions of the THIS AGREEMENT remain in full force and effect. You, the User/Client/Subscriber agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or THIS AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the THIS AGREEMENT are for convenience only and have no legal or contractual effect.
This is the web site of Perimetec Solutions Incorporated ("Perimetec")
Our postal address is
3845 Bathurst Street Suite 203
Toronto, On, Canada M3H3N2
We can be reached via e-mail at email@example.com
or you can reach us by telephone at 1-877-766-7726
Perimetec does not automatically gather any personal information from you, such as your name, phone number, or e-mail address.
This information is only obtained if you provide it voluntarily, through contacting us via e-mail, or through an online form.
The information we collect is used to improve the content of our Web site and to contact consumers for marketing purposes.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address.
If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address, calling us at the above telephone number, writing to us at the above address.
Upon request, we provide site visitors with access to all information that we maintain about them: financial information (e.g., credit card account information) that we maintain about them, unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them .
Consumers can access this information by e-mailing us at the above address, calling us at the above number, or writing to us at the above address.
Upon request, we offer visitors the ability to have inaccuracies corrected in contact information.
Consumers can have this information corrected by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address.
With respect to security: When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server. Transactions are processed by a third party banking isntitution. No transactions take place on perimetec.com.
Perimetec logs http requests to our server. These logs capture computer information, navigation and clickstream data.
Some of the information collected does not identify who you are. Other information, such as your domain name or IP address, may identify you depending on the naming standards followed by your Internet service provider. You may wish to ask them about their polices and practices.
While we make no attempt to link the information captured to the identity of individuals, the information captured does identify the following:
1. The Internet domain and IP address from which you access our web site;
2. The type of browser and operating system used to access our site;
3. Screen resolution of your monitor;
4. The date and time you access our site;
5. The pages you visit; and
6. If you linked to Perimetec web site from another web site, the address of that web site. This information is used to help us make our site more useful to our audiences by learning about the number of visitors to our site, and by monitoring traffic patterns and the types of technology our visitors use. We do not track or record information about specific individuals and their visits. Visitor information is not disclosed to anyone except Perimetec personnel who need the information for legitimate business purposes such as responding to a request.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Please contact us with any other questions about privacy