SMX has prepared this Reasonable Use Policy ("Policy") as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its services. This Policy is based upon the relevant provisions in our Terms & Conditions and is applicable to all our services.
Normal, Reasonable Use
SMX's service is engineered to filter, process and deliver email, storage profiles and utilisation levels of our typical small business and large enterprise customers' Email Filtering, Rules and Archiving patterns (hereafter also referred to as "normal" business use). "Unlimited" refers to that type and level of usage. "Typical" refers to the Email Filtering, Rules and Archiving patterns of at least 95% of our customers on a particular Email Filtering, Rules and/or Archiving plan.
Normal business Email Filtering, Rules, Archiving profiles and utilisation do not include business service levels that may arise from impermissible (illegal, unethical or inappropriate) or fraudulent use. "Unlimited" does not refer to those types and levels of usage. Email Filtering, Rules and Archiving utilisation that is indicative of, or arising from, impermissible business or fraudulent use, as outlined herein, on a business service may create network, system and storage congestion that will manifest itself in slow response times and excessive storage volume or file sizes.
SMX's business unlimited service plans and features are only for company (or personal, non-commercial) or reseller use only. Reseller use is defined as a SMX service that is provided by a third party partner under that third party partner's marketing brand, with or without reference to SMX. This means that only the account holder, business members, and those Extensions registered with SMX by the account holder may use SMX's business unlimited service plans.
Normal, Reasonable Archive Storage Use
SMX's Archiving unlimited service plans and features are for normal personal or commercial use and are user specific.
SMX's unlimited small and home business service plans and features are for normal small or home business use.
Normal, reasonable use on SMX's unlimited archiving and business plans must be in accordance with this Reasonable Use Policy, our Terms and Conditions and consistent with the types and levels of usage by typical customers on the same Archiving service plan.
Unauthorised or excessive use beyond that normally experienced by a typical user may create congestion for themselves and others, and may result in service termination.
Impermissible Use(s)
SMX evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (personal use under personal service plans, small business use under small business service plans, large enterprise under large enterprise service plans or reseller under co-branded service offers or plans).
Each of the following is impermissible under SMX's unlimited plans and is considered outside of normal or co-branded use:
- users who are not employees or direct contractors of a company or organisation
- sending SPAM or other unsolicited electronic messages distributed via outbound mail services
- transmitting and/or distributing pornographic, objectionable or inappropriate images or content
- Content relating to organised illegal activity
- resale to others unless a reseller agreement is in place with SMX
- making the service available as part of a bureau service or other outsourced service
- knowingly transmitting and/or distributing any viruses or other harmful code, or otherwise using the service in a way which is intended to (or may) damage or compromise the security of the service or another network
Excessive Use
Archiving - Over 95% of SMX's unlimited archiving service plan customers use less than 1Tb per user in total and do not have any unusual usage patterns in terms of file sizes, file forwarding/transferring usage and so on. A user's aggregate usage may be considered outside of normal use if it exceeds 1Tb per user.
SmartRules - Over 95% of SMX's unlimited SmartRules service plan customers use less than 50 rules at any point in time and do not have any unusual usage patterns in terms of rule set-up, file forwarding/transferring usage and so on. A customer's total usage may be considered outside of normal use if it exceeds 50 rules.
Blacklists and Whitelists - Over 95% of SMX's unlimited SmartRules service plan customers use less than 1000 Blacklists and Whitelists at any point in time and do not have any unusual usage patterns in terms of rule set-up, file forwarding/transferring usage and so on. A customer's total usage may be considered outside of normal use if it exceeds 1000 Blacklists and Whitelists
Based on utilisation statistics, SMX may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same service plan, and may take appropriate steps described below to enforce this Policy and the Terms and Conditions ("SMX's Rights").
SMX may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below, even if the volume of storage used is not excessive, when a customer's archiving patterns during more than one month reflect excessive:
- file numbers stored;
- file sizes;
- other archiving patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy
For Lawful and Appropriate Purposes Only
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights.
SMX's Rights in respect of any breach of this policy
We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your SMX service if account usage is beyond normal standards for typical customers on the same archiving service plan, impermissible or detrimental to other customers' ability to use the service or adversely affects our operations.
We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s).
If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage.
If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your service with or without notice.
If we believe that our service has been used for an unlawful purpose, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution.
We reserve all of our legal rights, notwithstanding any action taken under this Reasonable Use Policy or the Terms & Conditions.
Changes
SMX reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to SMX's website.