McAfee Standard Terms and Conditions — Email Archiving Service Supplement

The following terms and conditions (this "Supplement") apply to the McAfee® SaaS Email Archiving Service (the "Service") and supplement the McAfee® SaaS Email and Web Security Standard Terms and Conditions (the "Standard Terms and Conditions"). By subscribing to the Service, Customer agrees to the terms and conditions of this Supplement, and the Standard Terms and Conditions. In the event of a conflict between this Supplement and the Standard Terms and Conditions, the terms and conditions of this Supplement shall control. The Standard Terms and Conditions, this Supplement and Order Form are collectively referred to below as the "Agreement."

  1. DEFINITIONS. Capitalized terms used in this Supplement but not defined in this Supplement have the meanings given to them in the Standard Terms and Conditions.

    • "Data" means any electronically stored information provided to McAfee by Customer to be stored in the Service.
    • "Journaled Data" means email messages created after the start date of the Service that are automatically generated by Customer's email server(s) journal function to a journal mailbox for archiving.
    • "Historical Data" means:

      • Email messages created prior to the start date of the Service; or
      • Email messages created by non-licensed users of the Service, regardless of date created.
  2. UNLIMITED STORAGE. An unlimited amount of Journaled Data may be stored using the Service, subject to the following limitations and restrictions:

    • McAfee will only archive email messages journaled from or after the start date of the Service.
    • Historical Data may not be archived as Journaled Data but may be stored subject to separate hosting fees and storage limits (see 7. Historical Data Hosting below).
    • Customer shall not insert Historical Data into a journal mailbox for archiving to avoid paying Historical Data hosting fees or for any other reasons.
    • Customer shall not insert email messages that were not generated by Customer's server journaling function into the journal mailbox for archiving.
    • If the amount of data storage space used by Customer exceeds 150% of the average amount of storage space used by customers of the Service, Customer shall pay additional data hosting fees on a monthly basis for the excess storage space used.
    • Archived email message(s) may not exceed 50MB in size.
  3. RETENTION PERIOD CHANGES. During the term of the Agreement, McAfee will not change the per-user monthly rate for the Service except in the event the retention period is extended beyond the period stated in the Agreement. If the retention period is extended, the retention period rate will be adjusted. Customer agrees to pay a one-time "catch-up" charge in the amount of the difference in the Service fee calculated using the unadjusted retention period rate and the Service fee that results from applying the adjusted retention period rate retroactively to the date Service commenced. Customer acknowledges that a change in retention period will apply to all current and future archived email messages.

  4. CUSTOMER ADMINISTRATOR ROLE PRIVILEGE. Customer has given each user designated as a "Customer Administrator" access to all archived email messages, report data, and Service configuration.

  5. SELECTIVE PURGE. Customer understands that any user that is permitted to use the Selective Purge feature of the Service can permanently and irreversibly remove archived email messages. Customer has designated certain users who are permitted to use the Selective Purge feature. Customer accepts all responsibility for, and releases McAfee from any liability for, any such users’ use of the Selective Purge feature and removal of archived emails.

  6. HISTORICAL DATA IMPORT. McAfee will import the amount of Historical Data ordered by Customer as stated in the Agreement for the price stated in the Agreement. In the event the amount of Historical Data to be imported by McAfee exceeds the order amount, Customer agrees that McAfee will not be required to import the Historical Data until Customer and McAfee have agreed upon a new price, and the Agreement will be revised to reflect the revised order amount and price. Customer is responsible for maintaining a duplicate copy of all Historical Data until Customer verifies the completion of the import. If Customer elects to use the McAfee® Managed Import Service for importing Historical Data, Customer agrees to provide all Historical Data to McAfee in PST or EML format. Corrupt, password protected, unreadable PST or EML files, or unreadable email messages will not be imported. All price quotes and charges are based on aggregate pre-import file sizes.

  7. HISTORICAL DATA HOSTING. There is a separate, monthly fee for hosting Historical Data, which will be assessed on a per gigabyte basis for the duration of the Agreement. Historical Data hosting fees apply regardless of the import method chosen by Customer.

  8. DATA ACCESSIBILITY. Customer may access archived data as follows:
    1. Customer may, at its own cost, download archived data via the Control Console website. Customer may only access and download archived data via the Control Console website during the terms of the Agreement. Upon expiration of the Agreement, Customer will not have access to archived data via the Control Console; or
    2. Upon written request and payment of McAfee's applicable then current professional service rates plus the cost of media shipping and handling, McAfee will download all or part of Customer's archived data to portable media. A request for the export of the archived data that is not received by McAfee SaaS Email and Web Security at least thirty (30) days prior to the expiration of the Agreement will not be processed.

  9. DATA RESIDENCY. Customer acknowledges that McAfee cannot control the various Internet routes used to transmit Customer's data from Customer's premises to the Service. McAfee will store Customer's data in data centers specified in the Agreement. Customer acknowledges that configuration data, metadata, reporting data, and any data exposed or routed to Customer via the Control Console web portal will route through data centers in the United States of America.

  10. EXPIRATION. A message's expiration date is determined by adding the retention length selected by Customer in the Agreement to the message's archive date. Upon expiration, the Service will automatically and permanently remove expired email messages from the archive within thirty (30) days of expiration subject to the following exceptions:
    1. Historical Data does not expire.
    2. Email messages placed on a legal hold by Customer do not expire until Customer removes the legal hold.
    3. Email messages purged by Customer prior to scheduled expiration.

  11. TERMINATION. If Customer fails to renew the Agreement prior to its expiration, McAfee will not have any obligation to retain any archived Customer data, including email messages on legal hold, and McAfee may permanently delete all Customer data from the archive. Customer releases McAfee from any liability for deleting Customer data upon the expiration of the Agreement. McAfee also may delete Customer data from the archive upon cancellation of the Agreement and Customer releases McAfee from any liability for deleting Customer data upon completion of the cancellation process.

  12. ANTI-SPAM AND ANTI-VIRUS REQUIREMENT. Customer agrees to use an effective anti-spam/anti-virus solution at its own cost (except as expressly provided by McAfee under an agreement to include such a solution) in order to minimize occurrences where unsolicited or harmful email messages are archived. Such a solution must effectively prevent delivery of spam and virus infected messages to the Customer's email server(s).

  13. CUSTOMER OBLIGATIONS. Customer agrees to comply with all applicable laws, rules, and regulations pertaining to its use of the Service, including, when necessary, obtaining the consent of its employees and/or any third party to archive email messages to or from them. It is Customer's responsibility to select the appropriate retention length and to use the Service and its features in a compliant and legal manner.

  14. ELECTRONIC STORAGE SERVICE FOR CUSTOMERS SUBJECT TO U.S. SECURITIES AND EXCHANGE COMMISSION ("SEC") REGULATIONS ON ARCHIVING OF ELECTRONIC MAIL MESSAGES. Customer must disclose to McAfee in the Agreement if Customer has or intends to designate McAfee as providing electronic storage service for Customer, and Customer's archiving of electronic mail messages is subject to regulations of the SEC. If McAfee is so designated by Customer, Customer acknowledges that McAfee will, upon request, furnish Customer's archived email messages to the SEC, its designees, or representatives, any self regulatory organization of which Customer is a member, and any state securities regulator having jurisdiction over Customer.

  15. DATA OWNERSHIP AND ACCESS. Customer agrees that McAfee may access Customer's archived data in response to any technical problems and to ensure proper working of the Service. Customer retains ownership of all its email messages, all associated metadata, and report data.

  16. CUSTOMER SHALL COMPLY WITH LAWS AND REGULATIONS. Customer agrees that it will not cause to be archived any data in violation of any Federal, state or local law, rule or regulation, or any order or decree applicable to Customer.


McAfee LLC, SaaS Email and Web Security Standard Terms and Conditions — SaaS Email Archiving Supplement, v1.20