Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SMTP Servers ("Company," "we," "us," or "our") governing your access to and use of our email delivery services, website, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Acceptable Use Policy, which are incorporated herein by reference.

2. Service Description

SMTP Servers provides email delivery infrastructure services, including but not limited to:

• SMTP Relay Services: Secure email transmission through our SMTP servers
• Email Authentication: DKIM signing, SPF configuration, and DMARC policy management
• Dedicated IP Addresses: Optional dedicated IP addresses for email sending
• Analytics & Reporting: Email delivery statistics and tracking
• API Access: Programmatic access to our email delivery infrastructure
• Multi-tenant Support: Organization and credential management capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Represent a legitimate business or organization with lawful email communication needs

4. Account Registration

4.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use or security breach
• Ensuring that your API keys and SMTP credentials are kept secure

4.3 Account Sharing

Account credentials are for your use only and may not be shared with third parties. You may create sub-accounts or additional credentials for team members as permitted by your subscription plan.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to:

• CAN-SPAM Act: U.S. regulations governing commercial email
• GDPR: European Union data protection regulations
• CASL: Canadian Anti-Spam Legislation
• Other applicable anti-spam and data protection laws

5.1 Email Requirements

All emails sent through our Service must:

• Include accurate sender identification and contact information
• Contain a valid physical mailing address
• Provide a clear and conspicuous unsubscribe mechanism for commercial emails
• Honor opt-out requests within 10 business days
• Use accurate and non-deceptive subject lines
• Be sent only to recipients who have provided consent or with whom you have a legitimate relationship

6. Prohibited Activities

You may NOT use the Service to:

• Send spam: Unsolicited bulk email or messages to purchased/harvested lists
• Distribute malware: Viruses, trojans, ransomware, or other malicious software
• Conduct phishing: Fraudulent attempts to obtain sensitive information
• Send illegal content: Child exploitation material, illegal substances, weapons trafficking
• Harass or threaten: Intimidating, abusive, or threatening communications
• Violate intellectual property: Copyright infringement or trademark violations
• Impersonate others: Falsely represent yourself or your organization
• Circumvent security: Attempt to bypass our security measures or rate limits
• Resell without authorization: Resell or redistribute our services without written permission
• Send to invalid addresses: Knowingly send to non-existent or invalid email addresses
• Violate privacy laws: Send emails without proper consent where required
• Damage reputation: Engage in activities that damage our IP reputation or deliverability

7. Payment Terms

7.1 Pricing and Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based charges are billed in arrears based on actual usage
• All fees are non-refundable unless otherwise specified
• Prices are subject to change with 30 days' notice

7.2 Payment Methods

We accept major credit cards and other payment methods as indicated on our website. You authorize us to charge your selected payment method for all fees due.

7.3 Late Payments

Failure to pay fees when due may result in:

• Service suspension or termination
• Late fees of 1.5% per month on overdue amounts
• Collection costs and legal fees if applicable

7.4 Taxes

You are responsible for all applicable taxes. Fees are exclusive of taxes unless otherwise stated.

8. Intellectual Property

8.1 Our Intellectual Property

All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of SMTP Servers. This includes our software, APIs, documentation, trademarks, and service marks.

8.2 Your Content

You retain all rights to the content you send through our Service. By using our Service, you grant us a limited license to process and transmit your content as necessary to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

9. Privacy and Data Protection

9.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described therein.

9.2 Data Processing

We process email data solely for the purpose of providing the Service. We do not read, sell, or share the content of your emails except as required by law or as necessary to provide the Service.

9.3 Data Retention

We retain email metadata and logs for a limited period as described in our Privacy Policy. You may request deletion of your data in accordance with applicable laws.

9.4 Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest. However, no method of transmission over the Internet is 100% secure.

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund of any prepaid fees.

10.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your use of the Service poses a security risk
• Your account shows signs of fraud or abuse
• Required by law or legal process
• You fail to pay fees when due

10.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• Any outstanding fees become immediately due
• We may delete your data after a reasonable retention period
• Provisions that should survive termination will remain in effect

11. Disclaimers

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• All emails will be successfully delivered
• The Service will meet your specific requirements
• Any defects will be corrected

Email delivery depends on many factors outside our control, including recipient server policies, spam filters, and network conditions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM UNDELIVERED OR DELAYED EMAILS

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless SMTP Servers, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• The content of emails sent through your account
• Any claim that your use of the Service infringes the rights of a third party

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Displaying a notice in your account dashboard

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

• Negotiation: Good faith negotiations between the parties
• Mediation: If negotiation fails, non-binding mediation
• Arbitration: Binding arbitration under the rules of the American Arbitration Association

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Contact Information

If you have any questions about these Terms, please contact us:

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By using SMTP Servers, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.