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MAIL HOSTING SERVICESTERMS AND CONDITIONSIn addition to the General Terms and Conditions, your use of the Mail Services is subject to thefollowing additional terms and conditions:1. ADDITIONAL DEFINED TERMSSome words used in this Addendum have particular meanings:“Bulk Mail” means email messages of similar content that are sent to more than 250 recipients.Mail messages sent within the same domain name, or from your domain name to your otherdomain name(s) hosted on the Rackspace system are not “Bulk Mail” for the purposes of thisdefinition.“Effective Date” means the date on which you have submitted a signed Agreement for MailServices and we have received your payment for the first month’s service."Junk Mail" means email that is captured by our mail filter and other email that is reported by youto Rackspace as undesirable."Mail Service” or “Mail Services" means the Rackspace Email, Microsoft Hosted Exchange,and/or other email service described in your Services Description, plus Support, as defined below.“Mail Services” does not include any mail applications that Rackspace licenses for use on a fullyor partially-dedicated Hosted System."Personally Identifiable Information" or "PII" means: (i) a combination of any information thatidentifies an individual with that individual's sensitive and non-public financial, health or other dataor attribute, such as a combination of the individual's name, address, or phone number with theindividual's social security number or other government issued number, financial account number,date of birth, address, biometric data, mother's maiden name, or other personally identifiableinformation; (ii) any "non-public personal information" as that term is defined in the Gramm-LeachBliley Act found at 15 USC Subchapter 1, § 6809(4), (iii) "protected health information" as definedin the Health Insurance Portability and Accountability Act found at 45 CFR §160.103, (iv) “PersonalInformation”, "Sensitive Information" as defined in the Privacy Act 1988 (Cth – Australia), and (v)“Personal Data” or “Special Categories of Data” as defined in the Personal Data (Privacy)Ordinance (Cap. 486 of laws of Hong Kong),or Directive 95/46/EC or the Data Protection Act 1998.“Support” means (i) management of the Mail Service by a customer care team that includesindividuals trained in the system you select, and (ii) availability of support twenty-four (24) hoursper day, seven days per week, year round.2. ADDITIONAL RACKSPACE OBLIGATIONS.In addition to its obligations stated in the General Terms and Conditions, Rackspace will providethe following services as part of your Mail Services:2.1 Administration. Rackspace will provision the initial environment. Unless Rackspace agreesin writing to administer changes to certain features of your Mail Service, you will otherwise beresponsible for administering your Mail Service, including adding mailboxes, adding wireless orother service components, adding storage capacity, managing settings, and configuring spamfilters. If Rackspace agrees to administer changes to certain features of your Mail Service for you,you acknowledge and agree that you will need to specifically identify the mailboxes to whichfeatures are to be applied, and there may be a delay between the date upon which you request afeature change and the date upon which such change is applied by Rackspace. Rackspace may

agree to apply a custom transport rule to your Mail Service on your behalf. You are responsible forthe consequences of the application of any custom transport rule to your Mail Service.2.2 Service Level Agreement. (“SLA”). Your Mail Service will be available 100% of the time in agiven calendar month, excluding downtime due to maintenance.2.2.1 Downtime. Downtime exists if you are unable to send or receive mail as a result of a failureof your Mail Service. Downtime does not exist if you are unable to send or receive mail as a resultof a failure outside of Rackspace’s reasonable control, such as your connection to the Internet,your computer, your mobile device, or your systems. Rackspace will perform maintenance on theMail Services on a regularly scheduled basis within its published maintenance windows, which willbe announced on our system status page (http://status.apps.rackspace.com). Rackspace may alsoperform unscheduled emergency maintenance if needed to address new security threats or othernon-routine events. Delays that may occur while the Mail Service makes planned transitionsbetween redundant system elements is considered maintenance. If Rackspace expects anymaintenance to take more than twenty minutes, it will make reasonable efforts to post anannouncement on the system status page at least seven (7) days in advance of the maintenance,but we do not guaranty such notice. Delivery delays are considered downtime only for the periodthat mail is not being processed.2.2.2 Credits. In the event of downtime, you are eligible for a credit as follows:2.2.2.1 if the downtime continues for five (5) consecutive hours or more, you may request acredit equal to the monthly recurring fee for the affected Mail Service (Rackspace Email,Microsoft Exchange, BlackBerry Enterprise Server or ActiveSync) multiplied by thepercentage of your mailboxes affected (the "Maximum Credit"); or2.2.2.2If the downtime continues for less than five (5) consecutive hours, then youmay request a prorated portion of the Maximum Credit equal to the number of minutes ofdowntime divided by five (5) hours (300 minutes).You are not entitled to a credit if you are in breach of the Agreement (including your paymentobligations to us) at the time of the occurrence of the event giving rise to the credit until you havecured the breach. You are not entitled to a credit if the event giving rise to the credit would nothave occurred but for your breach of the Agreement.You must request a credit through your control panel within seven (7) days following the end of thedowntime. Your request must describe the downtime, including the specific Mail Service affected,the start and end time of the downtime, a percentage or list of mailboxes affected, and specificallyhow your use of the Mail Service was adversely affected. Rackspace will apply any credit that isdue against your next invoice for Mail Services.2.3 Support. Rackspace will only provide Support to your designated administrator(s) ortechnical contacts on the account. Rackspace will not provide Support directly to your end usersunless specifically agreed in writing.3. LIMITATIONS ON MAIL SERVICES3.1 Filtering. Rackspace provides certain services designed to filter unwanted incoming email,such as spam, phishing scams, and email infected with viruses. Rackspace also provides certainservices designed to filter outgoing email, such as email containing certain PII. You acknowledgethat the technological limitations of the filtering service will likely result in the capture ofsome legitimate email, and the failure to capture some unwanted email, including emailinfected with viruses or containing certain PII. Email that is quarantined by the filteringsystem is excluded from the Service Level Guaranty.

3.2 Delivery Failures. Rackspace will use commercially reasonable efforts to deliver your emailmessages. Third party filtering services may from time to time prevent successful delivery of yourmessages.3.3 You hereby release Rackspace and its employees, agents, suppliers, and affiliates fromany liability or damages arising from the failure of Rackspace’s filtering services to captureunwanted email or from the capture of legitimate email; or from a failure of your email toreach its intended recipient as a result of a filtering service used by the recipient or therecipient’s email service provider.3.4 Memory Limitations. Mail that exceeds the storage limit when received may be permanentlylost. You may adjust the storage capacity of your individual mailboxes via the control panel, and itis your obligation to monitor and adjust the storage capacity of individual mailboxes as needed.You acknowledge and agree that enablement of certain features of your Mail Services designed toprevent deletion of or otherwise retain emails may cause you to consume increases storagecapacity, may incur additional storage fees, and may fail if you do not have adequate storagecapacity. An individual email message that exceeds the per-message size limit of 50MB (includingattachments) may also be permanently lost.3.5 Backups. For Rackspace Email and Rackspace Microsoft Exchange 2007, Rackspaceperforms data backups on a "snap shot" basis at a specific moment. Therefore Rackspace may notcreate a backup of every item that is sent, received or stored. Backups for Rackspace Email andRackspace Microsoft Exchange 2007 will only capture those items (including mailboxes and publicfolders) that are present during the time of the backup. For Rackspace Microsoft Exchange 2013and 2010, Rackspace uses Exchange Native Protection so that items are not permanently deletedfrom a mailbox and can be recovered. Data on backups may be retrieved only for a limited numberof days. See information in Section 5.3 (Records Retrieval) below regarding Records Retrievalservices.3.6 Bulk Mail. You may not use the Mail Services to send Bulk Mail except via a Rackspaceapproved mail marketing service. You may not send bulk or commercial mail that has aRackspace Mail Service return address or references a Rackspace Mail Service address, unlessapproved by Rackspace in advance. You may not intentionally use your Mail Service for thepurpose of receiving bulk mail from others. For example, you may not submit any Mail Serviceemail address to a “Safelist” or “Free for All” list. Attempts to circumvent this restriction by breakingup Bulk Mail over time, using multiple accounts, or other means will be considered a violation ofthis Section 3.6. Rackspace may block the transmission of email that violates this Section 3.6.3.6.1 Bulk Sending Limits. In addition to the requirements above, if you are utilizing theAuthenticated Rackspace Mail product, you may not send email messages of similarcontent through the Rackspace SMTP servers to more than two-hundred and fifty (250)recipients. Attempts to circumvent this restriction by breaking up bulk email over time, usingmultiple accounts, or other means will be a violation of this restriction.Rackspace may block mail that violates this restriction. In addition, your mail services may besuspended or terminated for violation of this AUP in accordance with the Mail Hosting ServicesTerms and Conditions.3.7 Unsolicited Mail. You may not send email to anyone with whom you do not have a preexisting relationship, unless the recipient has published or otherwise provided his or her emailaddress in a manner which implies consent to receive the email.