These terms of service spell out what you can expect from us, Sand Dune Mail Ltd, and what we expect from you, the user of the SMTP2GO service (the service).
1. Acceptable Use
When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member or subscriber of your business or organization, or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.
We have strict rules for sending to mailing lists. The following rules must be followed when sending to a mailing list:
- Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads (including lists built via LinkedIn).
- In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
- You must not use the service to ‘clean’ your mailing list. Cleaning your mailing list means testing the validity of email addresses by sending to those addresses when you know or suspect a list is out of date or contains a high proportion of invalid addresses.
- An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the maillist.
- Emails must not contain content related to the industries mentioned below.
You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardise our service for all of our users.
- Pornographic or adult content
- Adult novelty items
- Dating or escort services
- Multi-level marketing
- Affiliate marketing
- Pharmaceutical products
- Get-rich-quick, work-at-home schemes or paid surveys
- Online trading, forex trading, or stock market related content
- Gambling services, products or gambling education
- Online sweepstakes
- Streaming TV services
- Credit repair, get-out-of-debt content
- Advertising your CV
- Mortgages and/or loans (without prior approval)
- Nutritional supplements, herbal supplements or vitamin supplements
- List brokers or list rental services
- Fake phishing emails for a ‘training exercise’ or penetration testing
- Unsolicited marketing email (i.e. without proper permission from recipients)
We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.
You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
You must also NOT use the service to auto-forward emails originally sent by 3rd parties. You must have full control of the content and quality of emails sent.
In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursuing legal action.
2. Access and Service
The term of the agreement is 12 months after the Effective Date (the date your order form is signed). The agreement auto-renews unless canceled with 30 days written notice. There is an Initial Period of 30 days from the Effective Date, during which the agreement can be cancelled. Payments made in the Initial Period are refundable on a prorated basis.
For the purposes of calculating monthly email usage, an email sent to multiple recipients counts as multiple emails. For example, an email sent to 2 recipients, and CC’d to 3 other recipients, counts as 5 emails.
3. Service Level Agreement
We guarantee that the service will be functioning 100% of the time in a given month, excluding scheduled maintenance. We will credit your account 5% of the monthly fee for each 30 minutes of downtime, up to 100% of your monthly fee. To receive an SLA credit, SMTP2GO customers must contact our support team.
4. Fees and Payment
We will charge you a regular fee for using the service. The billing period is mentioned in the Plan and Pricing section of your service purchase letter. Fees will be fixed for an entire year. At the expiration of the initial Term, if the service is renewed, we will not increase the price charged to you for a one year renewal term following the initial term by more than two percent (2%) over the price charged to you in the immediately preceding annual term.
5. Limitation of Liability
You must bear the risk of any liability relating to your use of the service. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
7. Disclaimers of Warranty
THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
8. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of New Zealand and that any action arising out of this Agreement shall be litigated and enforced under the laws of New Zealand. In addition, you agree to submit to the jurisdiction of the courts of the New Zealand, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the New Zealand.
This Agreement represents the entire understanding between you and us regarding your relationship to us and supersedes any prior statements or representations.