Eligibility.

The services are solely for access and use by authorized users. By using the services, you represent and warrant that you (a) have the right, authority, and capacity to enter into this agreement and (b) will abide by all of the terms and conditions of this agreement. If you have agreed to become a paying customer for the services, then your eligibility to use the services shall be contingent on your continued compliance with the terms of the applicable purchase agreement and this agreement. If you have not agreed to become a paying customer for the Services, your use of the website is still subject to this Agreement. SMTPRelay is operated by SMTP Relay B.V., Amsterdam, the Netherlands.

Term.

This agreement will remain in effect while SMTPRelay offers the services and/or you are a customer using the services. Either party may terminate this agreement for any reason, at any time.

Subscription Term and Renewals.

By placing an order for purchase, you are agreeing to pay applicable fees for the entire subscription term. You can terminate the subscription term, but we do not refund any fees related to that term, with the exception of the trial period. Each subscription term will automatically renew for additional successive twelve-month periods unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current subscription term.  Pricing for any subscription term renewal, new order form or order form change will be at SMTPRelay’s then-applicable rates.

Subscription

Subject to this agreement, during the term of this agreement SMTPRelay will provide you with a limited subscription to access and use the services solely for your own use in connection with your own business purposes. You understand that SMTPRelay may from time to time, in its sole discretion, update, change, revise, suspend or discontinue the services (or any portion thereof) with or without notice.

Applicable Policies

In addition to the terms of this agreement, your access to and use of the site and services is subject to the then-current policies, such as the Privacy Policy. You are responsible for compliance with these policies.

Suspension of Services.

We may suspend the Services without liability if:

  • your account is overdue or exceeded its limits
  • we reasonably believe that the services are being used in violation of the agreement
  • you don’t cooperate with our reasonable investigation of any suspected violation of the agreement
  • there is an attack on the services or your services are accessed or manipulated by a third party without your consent
  • we are required by law or by a regulatory or government body to suspend the services
  • there is another event for which we reasonably believe that the suspension of the services is necessary to protect the our network or our other customers.

Delivery

We will use commercially reasonable efforts to deliver your email messages to your third party mail server, but we do not guarantee delivery. Third party filtering services and other policies of recipient email services may prevent successful delivery of your messages. While our services will reattempt to deliver email according to our policies, we do not permanently store outbound email messages so if the email is not accepted by the your recipient email service, it will be lost. We do not provide virus scanning and we recommend that you employ additional security measures to protect against spam, email phishing attempts and email infected with viruses.

Message Size Limitations.

An individual email message may not exceed the per-message size limit (including attachments) of 20MB or it may be permanently lost. We do not control any limitations and consequences of your third party mail server.

Content Privacy.

You acknowledge and understand that the SMTPRelay services include the transmission and storage of unencrypted email in plain text over the public internet. Email sent using our services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third parties (such as a recipient’s email service provider). Although our services include support for TLS, content may be transmitted even if the recipient does not also support TLS, resulting in an unencrypted transmission.

Limitation of Liability

In no event will SMTPRelay, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SMTPRelay under this agreement during the twelve (12) month period prior to the cause of action. SMTPRelay shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify and hold harmless SMTPRelay, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this agreement, including but not limited to your violation of this agreement.

Disclaimer of Warranty

The service is provided “as is”. SMTPRelay and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SMTPRelay nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. SMTPRelay makes no warranty, express or implied, with regard to the services provided, all such warranties are hereby excluded by SMTPRelay and waived by the client. In no event will SMTPRelay be liable to the client or any other individual or entity connected with the client for any claim, loss of revenue profits, sales, business, data, code, service, information exclusivity or damage of any kind of nature, arising out of or in connection with the subscription. In any event, SMTPRelay ‘s maximum liability to the client shall be limited to the amounts actually paid to SMTPRelay during the previous twelve (12) month subscription term.

Copyright/Trademark Information.

All Intellectual Property owned by SMTPRelay shall remain the exclusive property of SMTPRelay. Customer agrees that SMTPRelay will retain sole ownership of all Intellectual Property even if enhancements suggested or requested by Customer become incorporated into the Services. You are not permitted to use SMTPRelay’s Intellectual Property without our prior written consent or as expressly provided in this Agreement.

Modifications

SMTPRelay reserves the right, at any time, to change or modify the site, services or this agreement, by making such change or modification available on the site or by providing other notice to you.  Any such change or modification will be effective 30 days after posting on the Site or such other notice.  As applicable, you will be deemed to have agreed to such change or modification through your continued use of the Site or Services.