Terms of Service

This website at / (the “Site”) is owned and operated by SMTPBay.co.uk (“SMTPBay.co.uk”). Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the “SMTPBay.co.u Terms of Service”).

SMTPBay.co.uk operates and provides SMTPBay.co.uk services to users who register with us to send email data from the SMTPBay.co.uk system (collectively, the “Service”). By using the Service, you agree to be bound by the SMTPBay.co.uk Terms of Service. SMTPBay.co.uk may display Recipient’s logo on its website and identify Recipient as a customer in marketing literature These SMTPBay.co.uk Terms of Service apply only to the Service described in this document, and not any other SMTPBay.co.uk service.

SMTPBay.co.uk reserves the right to amend the SMTPBay.co.uk Terms of Service at any time. We suggest that since you are bound by the SMTPBay.co.uk Terms of Service, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the SMTPBay.co.uk Terms of Service, do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene the SMTPBay.co.uk Terms of Service, please contact SMTPBay.co.uk at marketing@SMTPBay.co.uk before engaging in such activities.

Registration:
If you elect to sign-up for the Service, you will be registering with SMTPBay.co.uk on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If SMTPBay.co.uk has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, SMTPBay.co.uk has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). SMTPBay.co.uk’s use of any personally identifiable information you provide to SMTPBay.co.uk as part of the registration process is governed by the terms of SMTPBay.co.uk’s SMTPBay.co.uk Service Privacy Policy.

Restrictions on Use:
You shall use the SMTPBay.co.uk email Service and web site for lawful purposes only. You shall not:

Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”);
Redeliver any page, text, image, or Materials on the Site using “framing,” hyperlinks, or other technology;
Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site
Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site.
Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. SMTPBay.co.uk reserves the right to refuse service to users, and any conduct by you that in SMTPBay.co.uk’s discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.

Termination:
You agree that SMTPBay.co.uk in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for SPAM as described here by FTC

http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

or if SMTPBay.co.uk believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. SMTPBay.co.uk may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SMTPBay.co.uk may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that SMTPBay.co.uk shall not be liable to you or any third-party for any termination of your access to the Service.

Intellectual Property:
This Site is controlled and operated by SMTPBay.co.uk , http://www.SMTPBay.co.uk. All materials on the SMTPBay.co.uk Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by SMTPBay.co.uk or owned by other parties who have licensed their intellectual property to SMTPBay.co.uk. SMTPBay.co.uk, and all other derivations of the “SMTPBay.co.uk” mark appearing on this web site are trademarks and/or service marks of SMTPBay.co.uk, Inc., and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other web site owned, operated, controlled, or licensed by SMTPBay.co.uk may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of SMTPBay.co.uk’s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of SMTPBay.co.uk’s copyrights and other proprietary rights and is strictly prohibited.

Linking Sites:
Links in this web site may let the user leave SMTPBay.co.uk’s SMTPBay.co.uk site. The linked sites are not under the control of SMTPBay.co.uk, and SMTPBay.co.uk is not responsible for the content available on any other internet sites linked to the web site. SMTPBay.co.uk is providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to this web site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by SMTPBay.co.uk of the linked site.

Limitation of Liability and Disclaimer of Warranties:
You assume total responsibility and risk for your use of this service. SMTPBay.co.uk, its clients, providers, and authorized agents are not responsible for any loss, damage or cost (including, but not limited to, consequential and punitive damages) which you incur due to your use, or inability to use, the service. If you live in a state the laws of which prevent you from taking full responsibility and risk for your use of the service, SMTPBay.co.uk ‘s liability is limited to the greatest extent allowed by law. In no event shall SMTPBay.co.uk ‘s liability exceed the amount of direct damages to the property or person caused by our negligence. SMTPBay.co.uk makes no express or implied warranties (including, but not limited to, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding the service or any third party material advertised, promoted, or made available through the service.

Furthermore, the service is provided on an “as is” and “as available” basis – we do not warrant that the service will be uninterrupted or error-free, or that defects will be corrected. SMTPBay.co.uk does not warrant or make any representations regarding the materials, goods, or services advertised either by SMTPBay.co.uk ‘s partners or promoted in conjunction with SMTPBay.co.uk ‘s programs. You agree that neither SMTPBay.co.uk, nor its affiliated or related entities, or its content providers, are responsible or liable to you for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on this site.

Indemnification:
You agree to indemnify SMTPBay.co.uk and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the SMTPBay.co.uk Terms of Service.

Jurisdiction:
This site is controlled and/or operated by SMTPBay.co.uk from its offices within the State of New York, United States of America. SMTPBay.co.uk makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized SMTPBay.co.uk logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.

Choice of Law:
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in Massachusetts, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that SMTPBay.co.uk will fully cooperate with any law enforcement authorities or court order requesting or directing SMTPBay.co.uk to disclose information or materials in our possession.

Assignment and Succession:
You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, SMTPBay.co.uk, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Integration:
This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and SMTPBay.co.uk with respect to the Service. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and SMTPBay.co.uk will not waive the right to enforce any provision of this agreement except in writing.

Subscription Plan Billing Terms
Standard SMTP service plans are based upon a term (i.e. monthly, quarterly, annually) subscription service that will automatically renew and charge the credit card of record for your account. The day of the month your service is activated will be the start date of each term. Billing occurs at the beginning of each term.

Each service plan is billed according to a defined limit on the number of emails that can be sent in any given month, known as the relay “quota” for that plan. Any unused email relays from the prior month will not carryover and will be lost. Every plan has a default setting to enable “overage” which is defined as the ability to continue sending emails even after you have reached the maximum quota limit for your plan at a price of 1.25x the pro-rated price per each email in your plan. If you desire to have overage disabled, simply contact support.

You can upgrade, downgrade or cancel your service plan at anytime during the month by contacting our support department at marketing@smtpbay.co.uk.