EMAIL SERVICES AGREEMENT

This Agreement is
by and between: Tucows.com Co. ("Tucows")
and the CUSTOMER signing below ("Customer").

 

WHEREAS Tucows
provides email services as more particularly defined below; and, WHEREAS
Customer wishes to provide such email services to its customers; NOW,
THEREFORE, in consideration of these mutual promises, Tucows and Customer,
intending to be legally bound, hereby agree as follows:

1.     DEFINITIONS

(a)   "API"
means the set of technical specifications making up the Application Program
Interface;

(b)   “Agreement” means
this document, and all its schedules and other documents incorporated by
reference.

(c)    Anti-Virus and
Anti-Spam Filtering means the use of certain detection rules and techniques, to
be selected and implemented by Tucows, to determine if a message, or any
inbound attachment, is “junk” or “spam” email or contains a virus.

(d)   “Bulk email”
means unsolicited email sent en masse, is deemed to include a group of
approximately five hundred (500) or more emails with substantially similar
content; however, Tucows retains the right, acting in good faith, to determine
whether any particular transmission is a Bulk email.

(e)   “Content” means
any information, data, text, software, music, sound, photographs, video,
messages or other materials transmitted using the Email Service;

(f)     “Effective Date”
shall mean the later of the two dates on the signature page below;

(g)   “Email Service”
means the email service offered by Tucows that will allow Customer to sell to
its Users an email service that incorporates provisioning services, email
administration capabilities, the email application itself; all more
particularly described in Section 2 below and any additional service agreed to
by the parties from time to time (which may include, if so agreed, and upon the
terms to be agreed);

(h)   “Fee(s)” mean the
monies payable for the Email Service selected by Customer in accordance with
Section 4 herein;

(i)     “Junk email”
means unsolicited commercial email, a.k.a. spam email or unsolicited bulk
email;

(j)     “Mailbox” means
the electronic storage area addressed by a unique email identifier having the
form <user@example.com>.

(k)    “Mail Forwarding”
means the direction of email intended for a Mailbox created by Tucows to
another email account specified by the Customer. 

(l)      “Prohibited Use”
means those actions outlined in Section 3.2 below.

(m)  “Term” has the
meaning outlined in Section 5 of this Agreement;

(n)   “User” means an
individual or entity employing an email address that contracts with Customer to
receive any one or more components of the Email Service and who, in either
case, acquires the Email Service for its own internal use, rather than for
resale or redistribution;

(o)   “Virus” means a
piece of program code, including a self replicating element, usually disguised
as something else that causes an unexpected and undesirable event and which is
designed so that it may infect other computer systems.

2.     SERVICES PROVIDED

2.1     Tucows Email
Service is available as the following offering:

(a)   The Email Service
includes (i) mailbox accounts, accessible by either or both the IMAP and POP
mail protocols, through desktop mail clients or web-based applicationsl (ii)
optional email forwarding accounts; and/or (iii) optional Filtering-Only
mailboxes (as described below). The Email Service enables a mailbox (i.e., email
address) to send and receive email. The Email Service enables a User to use
features of the mailbox to personalize settings (e.g., auto-responder, mail
folders, address book folders, mailbox aliases, domain catch-all, etc.) through
a web-based interface. The Email Service includes email forwarding accounts
that allow mail to be forwarded from this email address to another email
address.

(b)   Each mailbox
includes five (5) gigabytes of base storage per mailbox, with additional
storage available as a feature upgrade.

(c)    Mailboxes include
Anti-Virus and Anti-Spam filtering, for both inbound and outbound messages sent
through the Tucows Email Service. Messages quarantined by the Anti-Virus and
Anti-Spam filters will be stored by Tucows for a period of seven (7) days, after
which the

(d)   messages will be
deleted. Virus filtering may not be able to scan certain email attachments,
which are under the direct control of the sender (such as password protected
and/or encrypted attachments). 

(e)   Filtering-Only
mailboxes provide Anti-Virus and Anti-Spam filtering for remote mailservers
hosted by Customer. These mailboxes provide storage only for messages
quarantined by the Anti-Virus and Anti-Spam filters. Messages quarantined by
the Anti-Virus and Anti-Spam filters will be stored by Tucows for a period of
seven (7) days, after which the messages will be deleted. Filtering-Only
mailboxes provide inbound filtering only.

(f)     Filtering-Only
mailboxes are available to Customers and Users who have email servers and
systems connected directly and permanently to the Internet and which have a
fixed Internet Protocol (“IP”) address.  Tucows reserves the right to modify
the quarantine period for specific domains, or for the entire Email Service
with or without prior notice, to avoid space capacity or system performance
issues which jeopardize the technical or economic viability of the services
offered, or the system used to implement the services, so long as notice is
provided within a reasonable time after the modification.

(g)   Email Forwarding
Accounts include spam & virus filtering, but do not include a spam
quarantine. All mail detected as spam/virus will be rejected.

(h)   The Email Service
includes an administration tool that provides certain account configuration
tools for the use of the Customer and/or users and mail administrators.
Administration through web-based interface (MAC) enables an administrator to
manage user accounts and their settings. Administration through a programmatic
API (APP) enables a command line interface that is accessible over the network
and an external program to manage user accounts and their settings.

(i)     Tucows may from
time to time provide enhancements to the Email Service, or its’ associated
administration tools, at no additional charge to Customer. These changes will
be described on https://opensrs.com as
available.

(j)     Nothing in this
agreement shall restrict the Customer’s ability to set retail prices. 

2.2     Tucows
may provide to Customer, a set of technical specifications making up the Application
Program Interface (the “API”), which will enable Customer to develop its system
to facilitate the resale of the Email Service to its Customers. Subject to the
terms of this Agreement, if Tucows provides Customer with the API, Tucows
grants Customer a non-exclusive, non-transferable worldwide limited license to
use the API solely to enable Customer to offer the Email Service to Customer’s
Users. Tucows may from time to time make modifications to the API licensed
hereunder that will enhance functionality or otherwise improve its
functionality. All rights not specifically granted to Customer are reserved by
Tucows, including all intellectual property and moral rights.

2.3     Tucows
will not give, sell, lease, license or rent the User lists to any third party
(unless required by law), to allow such third party to directly market other
services or products to Users, without the Customer’s consent, not to be
unreasonably withheld or delayed. 

3.     CUSTOMER OBLIGATIONS

3.1     Customer shall be
responsible for providing
all customer service, billing, technical support and customer interface to
accept orders from Users. As part of its registration of all Users during the
Term, Customer shall submit all data elements as specified in the interface to
the Email Service using the appropriate Tucows protocols.

3.2     Customer shall
comply with, and shall ensure that its Users agree to comply with, all
generally applicable policies of Tucows that may be established from time to
time to assure sound, safe and legal operation regarding the use of the Email
Service (hereafter, “Tucows Acceptable Use Policy for Email”). Without
limitation, Customer agrees, and
shall ensure that each and every User agrees,
not to: (i) send any Content that is unlawful, harmful, threatening, abusive,
vulgar, invasive of another’s privacy or otherwise objectionable, (ii) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content, (iii) transmit any Content that User does not have a right to make
available, (iv) transmit through the Email Service any Junk email, Viruses or
Bulk email; (ii) allow its systems to serve as an Open Relay; (iii) interfere
with or disrupt the Email Service or any networks connected to the Email
Service; (iv) transmit obscene or pornographic material; (v) take any action
that imposes an unreasonable or disproportionately large load on Tucows’
infrastructure providing the Email Service; (vi) impersonate any person or
entity or falsely state or otherwise misrepresent an affiliation with a person
or entity; (vii) use the Email Service for any purpose that is in violation of
any applicable law or is otherwise an infringement on the rights of any person
or entity; (viii) modify, decompile, reverse engineer, disassemble or reproduce
any of Tucows’ licensed or owned software, systems, applications or components
used in providing the Email Service; or (ix) use deceptive, misleading or
unethical practices that are or might be detrimental to Tucows or Users or the
general public. A copy of the Tucows Acceptable Use Policy for Email, as it may
be modified and incorporated into this Agreement from time to time, shall be
available on the Tucows website at:
https://opensrs.com/docs/policies/emailaup.html

3.3     Customer
acknowledges and agrees that each User must agree to be bound by the terms and
conditions of an EULA no
less protective of Tucows than the form Tucows shall post on its website from
time to time at http:
www.opensrs.com/docs/policies/tucowsemailservice_eula.doc.

3.4     Customer agrees
it will not give, sell, lease, license or rent the User lists to any third
party (unless required by
law), to allow such third party to directly market other
services or products to Users, without the User’s prior specific consent.

3.5     Customer
acknowledges that Tucows may supply any or all of the Software, API, Email
Services on its own behalf, or as a sublicensor or customer on behalf of a
third party supplier, and may substitute such third party suppliers without
notice. Customer acknowledges termination by Tucows of the Email Services, or
any component thereof, may result in a termination under 5.1, but not under
5.2.

3.6     Customer agrees
to permit, and agrees the EULA shall permit, Tucows to modify any domain and
User
settings with no notice,
including without limitation, altering filtering settings, to avoid space
capacity and system performance issues that jeopardize the technical or
economic viability of the services offered, or the system used to implement the
services, so long as notice is provided within a reasonable time after the
modification.

3.7     Customer will, at
its sole cost and expense, obtain any and all permits and licenses necessary in
connection with its
performance of this Agreement, and will comply with all applicable laws and
regulations.

3.8     Customer will
have the right to advertise, promote and distribute the Tucows Email Service
under the Tucows Trademarks (as defined below). Tucows hereby grants to
Customer a license to use the Tucows Trademarks solely in connection with its
advertising, promotion and distribution of the Tucows Email Services which it
is entitled to offer under this Agreement. Customer’s use of the Tucows
Trademarks must comply with any guidelines issued by Tucows with respect
thereto.

3.9     “Tucows
Trademarks" means all names, marks, logos, designs, trade dress and other
brand designations used by Tucows in connection with its products and services
that Customer has a right to offer pursuant to this Agreement. In performing
its obligations hereunder, Customer may refer to the Tucows Email Service it is
entitled to offer, (and associated Tucows products and services or features),
by the associated Tucows
Trademarks, provided that
such reference is not misleading and complies with any guidelines issued by
Tucows from time to time. Except as set forth in this Section 3.9, Customer is
granted no right, title or license to, or interest in, any Tucows Trademarks.
Customer acknowledges and agrees that any use of the Tucows Trademarks by
Customer will enure to the sole benefit of Tucows. If Customer acquires any
rights in any Tucows Trademarks by operation of law or otherwise, it will
immediately, at no cost or expense to Tucows, assign such rights to Tucows
along with all associated goodwill.

4.     FEES

4.1     Customer shall
pay  to
Tucows the
non-refundable amounts set forth in the Fee Schedule attached and incorporated
into this Agreement as Attachedment “A” (“Fee Schedule”). Fees are calculated,
assessed and withdrawn from Customer’s account on a monthly basis per the Fee
Schedule. Fees for the current month are calculated on the number of mailboxes
in service on the first day of the current month. Mailboxes that are either
activated or cancelled during the current month are ignored for billing
purposes. Customers are responsible for keeping sufficient funds in their
accounts with Tucows to cover monthly fees. Tucows shall provide Customer with
access to reports on the number of mailboxes and users subscribing to a service
and the amounts owing with respect to same.

4.2     If there are
insufficient funds in Customer’s account at the time of withdrawal, Tucows may
decline future orders.
Tucows may send a request (e.g. a daily request) for payment to the Customer’s
billing contact for a period (e.g. a five (5) day period). If Customer has not
replenished its account to allow for the outstanding payment within said
period, Tucows may suspend the Customer’s Users’ Email Service. If Customer’s
account balance is fully depleted at any time, Customer shall not be permitted
to purchase Email Services or any other Tucows service until Customer’s account
balance has the necessary funds available.

4.3     Customer bears
all risk and responsibility associated with billings to and collections
from Users, and bad
debt.

4.4     Payment may be submitted by Customer in
the following manners:

(a)   Via wire transfer
to:

Final
Bank: Bank of Montreal

In
favour of: Tucows.com Co

For
credit to a/c #: 00024605193

SWIFT
CODE: BOFMCAM2

Receiving
Correspondent bank:

Wachovia
Bank N.A., New York ABA 026005092

 

Customer agrees that all wire transfer
charges will be the responsibility of the remitter.

(b)  
Via
cheque made payable to Tucows.com Co. and delivered to Tucows.com Co., 96 Mowat
Avenue, Toronto, Ontario M6K 3M1, CANADA.

(c)  
Tucows
reserves the right to
change the fees and the
process for handling insufficient funds upon notice to Customer.

5.     TERM OF AGREEMENT

5.1     This Agreement
shall commence on the Effective Date and continue  until the earlier of the
following: (i) termination by either party upon thirty (30) days written
notice, (ii) termination for cause, as defined more fully in this Section 5; or
(iii) Tucows’ election to terminate its Email Service offering, or any
component thereof, in which case
Tucows shall endeavour to provide
Customer with reasonable notice of same and use commercially reasonable efforts
to service all existing Users for a commercially reasonable transition period,
but shall in no event be obliged beyond the User’s unexpired term for which
Tucows has been paid.

5.2     If: a) either
Party (or, in the case of Customer, an agent of Customer) materially breaches
any term of this Agreement, and such breach is not cured within thirty calendar
days after written notice thereof is given by the other Party, or b)
Customer has not
replenished its account to Tucows’ satisfaction, by the end of any calendar
month in which Email Service was suspended, in whole or part, pursuant to 4.2;
then the
non-breaching Party may, by giving written notice thereof to the other Party,
terminate this Agreement as of the date specified in such notice of
termination.

5.3     In addition to
the
foregoing termination
rights, if Tucows, in its reasonable discretion, determines that Customer has
breached any provision of this Agreement, is in violation of any Email Service
policy or
regulation as amended from time to time, has failed to provide adequate support
to Users, or is engaging in conduct that breaches or may put Tucows in breach
of any law or regulation, Tucows may suspend Customer’s or Customer’s Users’
access to the Email Service
, pending the cure of such breach or violation, or
change of such conduct, to the Tucows’ satisfaction acting reasonably. Tucows
may require Customer to terminate any User in breach of its EULA or Tucows’
policies, regarding the Email Service
, or both.

5.4     Upon termination,
Customer’s access to the Email Service shall cease and Customer shall not be
able to renew any User accounts.  Customer acknowledges Tucows shall be
entitled to directly communicate with Users to minimize disruption in service,
including transition to an alternate Customer.

6.     SUPPORT SERVICES

6.1     Tucows shall provide telephone,
website and email support for the Email Service for Customer only. Customer
shall bear sole responsibility for providing support to Users with respect to
the Email Service.   

7.     MAINTENANCE AND SUSPENSION
OF SERVICES

7.1     Customer shall
employ all necessary employees, contractors, or agents with sufficient
technical training and experience to respond to and fix all technical problems
concerning the use of the Email Service, , and the API in conjunction with
Customer’s systems. Tucows may from time to time perform maintenance on or
otherwise suspend and temporarily shut down the Email Service or both. Tucows
will make commercially reasonable efforts to minimize any disruption of the
Email Service.

7.2     Notwithstanding
the foregoing, Tucows may, in its unilateral discretion, immediately suspend
the Email Service if Tucows deems it necessary to terminate Prohibited Use,
hacking attempts, service attacks or any other malicious activities either
directed at or originating from Customer’s or any User’s domains or servers.

8.     SECURITY

8.1     Although
information transmitted to Tucows is stored in operating environments which
Tucows believe are within industry standards for security, Customer agrees, and
shall ensure that its Users are advised and agree, that no data transmission
over the Internet can be guaranteed 100% secure. Tucows is not responsible for
any interception or interruption of any communications through the
Internet.  Customer
agrees that it and its Users are responsible for maintaining the security of
access codes, and will ensure its Users are so advised and agree.

9.     CONFIDENTIALITY

9.1     In the normal
operation of the Email Service, email messages are
processed electronically,
and the content is not reviewed by Tucows’ personnel. However, Tucows reserves
the right to review and utilize any content of an email or its attachments to
observe, study, test, maintain or improve the functioning or performance of the
Email Service, or to ascertain whether or how a breach of this Agreement or
violation of applicable policy has occurred. In addition, some information may
be shared on an aggregate basis only as a part of a larger set of statistics
(e.g. statistics indicating amount of traffic, success rates, and size of
Tucows customers). Tucows may use cookies to store User name, access codes, and
application settings to ease site navigation processes.

10.  THIRD PARTY INFORMATION

10.1   Independent third
parties may supply some or all of the software and information used in one or
more
components of the Email
Service. While Tucows makes every effort to ensure the accuracy of all
information, Tucows makes no warranty as to the accuracy of any such
information.

11.  REPRESENTATIONS
AND
WARRANTIES

11.1   Customer
acknowledges and agrees that Tucows does not guarantee that the API, or Email
Service will meet the
requirements of Customer or its Users. The API, and Email Service are provided
“as is” without any warranty of any kind.

11.2   Customer
acknowledges that: a) as Viruses are frequently created and distributed, the
anti-virus component of the Email Service is
intended to detect only
specific known Viruses and some unknown Virus behavior patterns. Tucows does
not warrant that the Email Service will detect all Viruses present on a User’s
computer system, network or email server; CUSTOMER IS ADVISED TO ENSURE IT, AND
ITS USERS, HAVE SUFFICIENT CONTENT BACK-UP IN PLACE; and b) purveyors of Bulk
Email and Junk Email, are constantly seeking to evade systems designed to block
Bulk Email and Junk Email, and that a User may not wish all Bulk Email and Junk
Email to be blocked, and that the Bulk Email and Junk Email component of the
Email Service will not detect or block all Bulk Email or Junk Email, and may
additionally block email which the User did not wish to have blocked. Tucows
does not warrant that the Email Service will block all Bulk Email or Junk
Email, or only block Bulk Email and Junk Email.

11.3   WITH REGARD TO
THE API, EMAIL SERVICES AND SUPPORT THEREFORE, AND RIGHT TO PROVIDE SAME,
TUCOWS (AND EACH OF ITS SUPPLIERS): A) EXPRESSLY DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE,
NON-INFRINGEMENT, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS; b) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
API OR EMAIL SERVICE WILL MEET THE
CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE  API OR EMAIL SERVICE,

WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE API OR EMAIL
SERVICE WILL BE CORRECTED; AND  C) NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF API OR EMAIL SERVICE, OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY,
RELIABILITY, OR OTHERWISE.  SHOULD ANY OR ALL OF THE API OR THE EMAIL SERVICE,
PROVE DEFECTIVE IN WHOLE OR PART, THE CUSTOMER ASSUMES THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.

11.4   TUCOWS AND ITS
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY MISREPRESENTATION, BREACH OF ANY IMPLIED
OR EXPRESS WARRANTY OR CONDITION, OR BREACH OF ANY OTHER TERM (INCLUDING A
FUNDAMENTAL BREACH OR BREACH OF A FUN-DAMENTAL TERM), OR BE OTHERWISE LIABLE IN
CONTRACT, TORT, OR OTHERWISE FOR: (A) INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGES; (B) LOSS OF REVENUE; (C) LOSS OF PROFITS; (D) LOSS OF BUSINESS OR
GOODWILL; (E) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE;
(F) LOST EMAIL OR (G) PUNITIVE DAMAGES; EVEN IF TUCOWS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE SOLE REMEDY BELOW FAILS OF ITS
ESSENTIAL PURPOSE.

11.5   CUSTOMER’S SOLE
REMEDY IN THE CASE OF ANY LOSS OR DAMAGE RESULTING FROM ANY MISREP-RESENTATION,
BREACH OF CONTRACT, NEGLIGENCE, ERROR OR DEFECT IN THE PRODUCTS OR SERVICES
PROVIDED BY TUCOWS HEREUNDER SHALL BE TERMINATION OF THIS AGREEMENT, AND THE
RETURN OF ANY UNUSED DEPOSIT.

12.  INDEMNITY

12.1   Customer, at its
own expense, will indemnify, defend and hold harmless Tucows and its employees,
directors, officers, representatives, agents, affiliates and third party
beneficiaries (including Tucows’ suppliers), against any claim, suit, action,
or
other proceeding
brought against Tucows based on or arising from any claim or alleged claim (i)
relating to any product or service of Customer, including, but not limited to,
Customer’s advertising, systems and other processes, fees charged, billing
practices and customer service; or (ii) relating to any agreement with any User
of Customer.  Customer will not enter into any settlement or compromise of any
such indemnifiable claim without Tucows’ prior written consent, which consent
shall not be unreasonably withheld.  Customer will pay any and all costs,
damages, and expenses, including, but not limited to, reasonable attorneys’
fees and costs awarded against or otherwise incurred by Tucows in connection
with or arising from any such indemnifiable claim, suit, action or proceeding. 

12.2   If Tucows is
threatened with suit by a third party, it may seek written reiteration of
Customer’s indemnification obligations; any failure by Customer to provide said
written assurance may result in suspension or termination of its account.

13. MISCELLANEOUS

 

13.1   This Agreement:

(a)   shall be governed
and construed in accordance with the laws of Ontario and Canada, including
their choice of law provisions, and the venue shall be in Toronto, Ontario;

(b)   may be executed
in two or more counterparts, each deemed an original, and all of which together
shall constitute one and the same contract;

(c)    may be modified
by Tucows without the written consent of Customer, so long as the amendment or
modification is generally applicable to all Customers;

(d)   binds and
benefits only the parties and their respective successors and permitted
assigns. Customer shall not assign this Agreement without the prior written
consent of Tucows, such consent not to be unreasonably withheld.

13.2   Each Party agrees:

(a)   it has had the
opportunity to obtain independent legal advice for the review and  negotiation
hereof, and so ambiguity will not be presumptively construed against Tucows;

(b)   all restrictions
in this Agreement are reasonable and valid, and waives all defences to  strict
enforcement thereof to the fullest extent permitted by law; 

(c)    a violation of
any intellectual property usage, confidentiality, non-solicit or policy related
provisions of this Agreement will result in immediate and irreparable damage to
the other party which shall then,  in addition to any other rights to relief,
be entitled to temporary and permanent injunctions and such other relief as any
court of competent jurisdiction may deem just and proper, without posting of
any security or proof of actual damage;

(d)   neither shall be
liable for any delay or failure to perform hereunder if such delay or failure
is due to any contingency beyond its reasonable control including acts of God,
war, explosion, fire, flood or civil disturbance, or failure of a supplier to
fulfill its obligations;

(e)   section headings
are for ease of reference only, and have no interpretive value;

(f)     expiration or
termination will not relieve either party from its obligations arising
hereunder prior to such expiration or termination. Rights and obligations which
by their nature would ordinarily be expected to survive expiration or
termination will remain in effect, including but not limited to Sections 5, 8,
10, 11, 12;

(g)   to execute such
further documents reasonably requested by the other party to achieve the intent
of this Agreement;

(h)   the Agreement is
the entire agreement between the parties, superseding all prior understandings,
oral or written, relating to the subject matter of this Agreement.

(i)     Nothing herein
creates an agency, partnership, joint venture, employment, franchise,
distributorship, dealership or
other similar or special relationship between the parties, who hereby intend to
establish the relationship of independent contractors. 

(j)     No provision
hereof shall be deemed waived by any act, delay, omission or acquiescence on
the part of either
party or their respective employees or agents, nor shall any waiver by either
party of a breach or default of a provision by the other, constitute a change
in the terms hereof or waive any subsequent breach.

(k)    All notices shall
be in writing and either sent via facsimile, registered mail, courier, or by
electronic mail.  Notices shall be deemed received: upon actual receipt,
if couriered; on
the date indicated in the return receipt, if sent by registered mail; upon
confirmation, as evidenced by a fax transmittal sheet; or upon confirmation, as
evidenced by a delivery receipt, if sent electronically. All notices should be
sent to the attention of the General Counsel, if to Tucows, with a copy to
Email Services Product Manager and to the attention of the President, if to
Customer, at the address set forth
below.

IN WITNESS WHEREOF, the Parties
hereto have executed this Agreement effective as of the later date set forth
below.

 

Tucows.com
Co:                                                        Customer:

 

Signature:                                                                     Signature:
                                                       

 

Name:                                                              Name:                                                 

            (Please
print)                                                    (Please print)

Title:                                                                 Title:                                                    

Date:                                                                Date:                                                  

 

 

 

 

 

 

 

 

 

FEE SCHEDULE

 

 

ATTACHMENT “A” TO
EMAIL SERVICES AGREEMENT

                                                           

Pursuant
to the terms and conditions of their EMAIL SERVICES AGREEMENT, of which this
Fee Schedule is a part, Customer agrees to pay to Tucows the following sums for
services provided under the Agreement:

 

Base
Mailbox Fee…………………………………….. $0.50/month

Fifty
(50) U.S. cents per month

(As
defined in Section 2.1(b) each Mailbox includes five (5) gigabytes of base
storage).

 

Each
Additional Five (5) Gigabytes of Storage in a Single Mailbox…………………………………………………… $0.50/month

Fifty
(50) U.S. cents per month

 

Mail
Forwarding Account Fee…………………… $0.02/month

Two
(2) U.S. cents per month

(As
defined in Section 1(k))

 

Filtering-only
Mailbox Fee………………………… $0.10/month

Ten
(10) U.S. cents per month

 

 

 

 

Tucows.com
Co:                                                        Customer:

 

Signature:                                                                     Signature: