MICROSOFT 365 TERMS OF USE

Last Revised: 13/08/2021PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW

   This Microsoft 365 Terms of Use Agreement (this “Service Agreement”) is entered into by and between ApaxonHost.com, a United Kingdom limited liability company (“ApaxonHost”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Service Agreement incorporates the Universal Terms of Service Agreement and the ApaxonHost Privacy Policy (all together “Agreement”) and this Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”).

   The terms “we”, “us” or “our” shall refer to ApaxonHost. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. DESCRIPTION OF SERVICES

   We offer varying email service plans:

   Microsoft 365

   • Essential Email : Microsoft 365 Email Essentials plan includes professional email and 5 GB email storage.
   • Email Pro: Microsoft 365 Email Essentials plan includes professional email and 50 GB email storage.
   • Email Premium: Microsoft 365 Business Premium includes all the features of Online Essentials, plus 5 licenses to install Office on a computer, access to Microsoft’s Business apps, DocuSign, and the ability to generate HIPPA eligible emails.
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   Email Backup Email Backup is a cloud-to-cloud Microsoft 365 Exchange backup service. It offers easy setup, fast search, one-click restore, and unlimited backup and retention to protect your emails, attachments, folders, calendars, contacts, tasks, notes, and journals. Customers can easily restore items individually, in bulk, or even an entire mailbox.

   Email Migration The Email Migration Service includes the ApaxonHost team assisting in selecting the Microsoft 365 email plan that works best for you, creating each new account necessary and migrating all email content, including emails, calendar, and contact data, to your Microsoft 365 email.

   Email Archiving Email Archiving service is an online service provided by Barracuda that allows you to store, retrieve, and easily search through emails sent to and from your Microsoft 365 email account(s). It may also be possible, determined on a case-by-case basis, to transfer already existing email data to the Email Archiving service after purchase utilizing ApaxonHost’s email ingestion services for additional cost.

   Advanced Email Security Advanced Email Security is an online email encryption service provided by Proofpoint that offers policy-driven, content-filtering and user initiated encryption features for your Microsoft 365 email account(s).

   Business Management Business Management is an opportunity management application that works with your Microsoft 365 email plan. It offers an easy way to create and track leads, aggregate your business in a central location, add notes and set up tasks.

3. ACCOUNT TERMINATION; LIMITATIONS

   User-Initiated Cancellation of the Services. You understand and agree that, once you cancel your Microsoft 365 account, you will no longer have access to your content and it may be permanently removed from the Services. Prior to cancellation, it is your responsibility to export, copy, or otherwise collect any desired content from the service before canceling your Microsoft 365 account.

4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES

   Intellectual Property. You represent and warrant that you have the necessary rights to any data, software programs, or services that you use in connection with your access or use of the Products and that such activities do not infringe the intellectual property or other proprietary rights of any third party.

   Renewal. As outlined in the Universal Terms of Service, your Microsoft 365 and/or email services Subscription(s) will auto-renew unless you timely opt out of such auto-renewal.

5. PROVISIONS SPECIFIC TO MICROSOFT 365

   Microsoft Terms and Conditions. We offer a variety of Microsoft products and services (“Products”). The Products are available for purchase as stand-alone products and some are occasionally included for free with the purchase of other products. Your use of the Microsoft 365 Services through the Cloud Solution Provider platform is subject to the Microsoft Customer Agreement), which is hereby incorporated by reference, including but not limited to terms therein governing privacy and the handling of your data. You hereby consent to the processing of your data and personal data by ApaxonHost, Microsoft, and their respective affiliates, subsidiaries, and service providers. You hereby acknowledge and agree that Microsoft may collect, use, transfer, disclose, and otherwise process your data, including personal data, as described in the Microsoft Customer Agreement.
   Use of the Products. You agree to access and use the Products (a) without violating the rights of any third party or purporting to subject ApaxonHost or Microsoft to any other obligations to you or any third party, and (b) solely in a manner that comply with all applicable laws and regulations. You consent for Microsoft to receive and use your information that Microsoft receives in order to provide the Products and uphold its responsibilities under this Agreement. ApaxonHost, and not Microsoft, will provide you with support for the Products.

   Domain Name Registration. If you choose to associate the Microsoft 365 email service with a domain name, you must maintain your domain name registration in order to send and receive email messages. If the associated domain name expires, ApaxonHost reserves the right to suspend the associated Microsoft 365 email services until such time that the associated domain name is renewed.

   Microsoft Marks. You may not use Microsoft’s corporate name, technology names, and trademarks (logos, trade dress, designs, or word marks in stylized form) without Microsoft’s prior written approval.

   HIPAA Compliance. If you are seeking HIPAA compliance after purchase, you agree that you are subject to the ApaxonHost Business Associate Agreement.