This document summarizes the general terms & conditions governing our managed SMTP services.
The following terms and conditions (the “Terms”) constitute the agreement between Esmtp.email (“Esmtp.email”, “Us” or “We”) and you either as a natural person or other organization you represent (“You”). You acknowledge that You are legally able to – and in fact, accept in good faith – these Terms either as a natural person or representing an organization.
We provide to You a number of services conducive to the transmission of electronic mail originated in one or more services You are authorized to use, to one or more receiving systems operated by You or third parties (the “Services”).
The Services are provided starting on the date of provisioning following Your order, as notified by Us. To this effect, We have provided to You with a set of technical parameters (“Credentials”) that allow Your access to the Services.
You understand that the Credentials are for Your exclusive use and therefore, should be safeguarded diligently. You understand your obligation to promptly inform Us if you have reason to believe that the Credentials might have been accessed by any other party so that We can promptly issue a new set of Credentials.
Please read these Terms carefully. By requesting or using our Services, you agree to to be bound by these Terms.
The section headings on these Terms are intended as a convenience that in no way alter or limit the descriptions provided therein.
Our Service Commitment and Guarantee
We provide professionally managed Services to You, including the following:
- The Services are available to You – when using the supplied Credentials – seven days a week, twenty four hours a day.
- Services receive messages from You using supplied Credentials no less than 99% of the time on any given calendar month – i.e., no more than 7 hours and 12 minutes of service unavailability on a 30-day month due to causes under Our control.
- Services attempt to deliver messages from You to third parties no less than 99% of the time on any given calendar month – i.e., no more than 7 hours and 12 minutes of service unavailability on a 30-day month due to causes under Our control.
- Services will provide You with a detailed health and monitoring interface no less than 99% of the time on any given calendar month – i.e., no more than 7 hours and 12 minutes of service unavailability on a 30-day month due to causes under Our control.
- We will respond to Your service questions and when required, provide guidance on resolving deliverability issues involving recipient mail systems, within one business day.
Email transmission is consensual. As such, we cannot guarantee that email will be accepted by any remote or third party systems. The extent of our commitment is to provide you with Services you can use to maximize the probability of successful email delivery. However, some factors influencing email delivery ultimately fall outside Our control.
Acceptable Use
You acknowledge and accept that We have a zero-tolerance policy on abuse that extends to any device or platform involved in providing Services to You. The following is a non-exhaustive list of activities that are not permitted in conjunction with the Services, that You acknowledge and accept.
- Transmission of unsolicited email is strictly forbidden. Mailing list membership must be confirmed through industry standard confirmed opt-in.
- Transmission of email containing any form of hostile content is strictly forbidden.
- Your email must clearly show that You are the author.
- Your email must comply with all legal requirements for the jurisdiction where it is being sent or delivered by Us.
- You maintain a functioning and universally-accessible unsubscribe facility that allows recipients to terminate their participation in your mailing list promptly.
- You will abide with notices and warnings We provide regarding usage of the Service.
- You will avoid sending email to recipients that have expressed their desire to stop receiving Your email. This expression can take the form of unsubscribe requests, complaints and any other interactions so recognized by the industry at large.
You acknowledge and accept that any violation of the conditions above constitute Your breach of the Terms. You understand that by breaching the Terms, You might force Us to engage mitigation efforts to prevent Our reputation and that those efforts may involve substantial costs possibly exceeding the price You pay for the services.
You agree to cover fees of up to two times the average monthly payment for the Services during the last 6 months period, as assessed by Us, to partially compensate Us for the reasonably necessary mitigation efforts. You also agree to forfeit any remaining prepaid balance upon termination of the Services due to any violation of the conditions above.
We do not intend the Service to create obligations under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Gramm-Leach-Bliley Act (“GLBA”) or similar laws; and We make no representations that the Service satisfies the requirements of such laws. If You are – or become – a Covered Entity or Business Associate (as defined in HIPAA) or a Financial Institution (as defined in GLBA), You agree not to use the Service for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) or Nonpublic Personal Information (as defined in GLBA). You will not allow any access to or use of the Services by anyone other than Your authorized users, and any such use will be consistent with these Terms.
Compensation and Fees
You agree to pay Us all fees associated to the Services when due. For prepaid fees under PayPal, you will maintain a current subscription to the Services and understand that failure to pay the fees are a breach of this Terms. You acknowledge and accept that Our commitment to provide Services to You may be terminated immediately upon cancelling your subscription, with no notification required.
Upon terminating your subscription, You forfeit any remaining balance on your account.
Privacy and Access to Data
You understand that as part of the Services, You will be transmitting to Us one or more email messages that will be in transit (“Email in Transit”) to multiple destinations outside of Our control. As such, We require to hold a copy of said messages (“Email at Rest”) within Our infrastructure until such time as the email transmission could be completed according to industry standard practices.
You understand and authorize Us to mechanically or manually review Email in Transit to screen and block malicious content such as spam, computer viruses and other forms of malware. You also authorize us to perform spot checks when warranted for operational reasons, of either Email in Transit or Email at Rest.
You understand and authorize Us to generate, analyze and retain activity logs pertaining to the processing of Your email (the “Logs”).
The Logs are composed of the following information elements:
- Precise time and date of message submission and each subsequent event
- TLS version and algorithms used to connect to the Services
- SMTP queue identifier of each message
- DNS name and IP address of the server that submitted a message
- DNS name and IP address of each server to which message delivery is attempted
- Source and destination email addresses for each message
- Message length
- Identifier for the Credentials used for message submission
- Amount of time a message remains in the queue
- Results of each delivery attempt
- Other technical control data for message life-cycle
The Logs are retained for up to 30 days and never shared with any other party. Our access to the Logs is managed on a “need to know basis”, meaning that only staff in charge of providing You with support can access the Logs. The Logs are never shipped outside the geographical area where the Services are rendered.
You acknowledge and accept that from time to time, as required to investigate technical, compliance or abuse issues, We may share limited excerpts of the Logs with other email system operators, security researchers or law enforcement. We will exercise our best judgement to ensure that the minimum amount of personal information is shared on each case.
You understand and acknowledge that email is generally transmitted without encryption despite Our best efforts, and therefore We cannot be responsible for any interception of the email contents.
We may process and store Your email in the United States or any other country in which We maintain facilities and, by using the Services, You consent to the processing and storage of Your email in such facilities. In relation to all “personal data” – as defined by Directive 95/46/EC (the “Directive”), which also defines the terms “processing”, “data controller” and “data processor” – of European Union data subjects provided or disclosed to Us by You or on Your behalf, We will, upon reasonable request by sending an email to legal@esmtp.email with the name and email address of Your signatory, execute the necessary document with You containing the standard contract clauses, in the form provided by Us, for the transfer of personal data to third countries under the Directive.
Jurisdiction and Remedies
You agree that any disputes resulting from the Service will be resolved through good faith negotiation with Us.
In any event, You acknowledge and accept that any and all remedies not derived from breach of the Acceptable Use terms, will not exceed an amount equivalent to the recurrent monthly billing.
The interpretation of the rights and obligations of You and Us under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Florida, United States of America.