Anti Spam Policy
You shall not use 'Premium Relay' for transmitting bulk emails or commercial emails including -but not limited to- marketing emails and newsletters. (See "Restrictions on Use" below).
This policy is applicable to all Mailcheap Services that may be used for transmitting bulk emails or commercial emails (“Services”).
You agree to Mailcheap Anti-Spam Policy as a precondition to use of our Services. Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing. We are very serious about our Anti-Spam Policy. If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account. In such a case you are not eligible for any refunds whatsoever.
By “permission” we mean express and provable permission granted to you. A permission to send commercial emails may be through:
- Submission of email address as part of downloading anything from your website or ordering a product or service from you.
- Subscription to an email newsletter by filling a form on your website.
- Someone has provided you with the email address as part of participation in any contest, event or survey conducted by you and you have informed him/her that you would be sending them marketing emails.
- Any instance where a person completing a form has checked an opt-in checkbox indicating their willingness to be contacted by you through email, provided the checkbox is unchecked by default and you have informed such person that the nature of the emails will be commercial.
- Any business card given by a person who has expressed his/her willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a tradeshow.
The rule of thumb is “Do not use our Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.
When we say 100%, we do not include those instances where the recipient of an email has marked it as Spam although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.
In particular, you shall strictly comply with the following rules, which clarify the Rule of Thumb mentioned above:
- You should have explicit permission to contact the recipient on the subject of your email. You shall maintain sufficient proof of the fact that you have received permission from all recipients of emails sent by you through our Services.
- You shall not import or send emails to email addresses that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission, while using our Services. You shall also refrain from importing into your Services account or sending mails to email addresses you have collected from other websites.
- You shall ensure that the routing and header information including your emails “From” and “To,” the originating domain name and email address are true and accurate.
- You shall not use subject lines that mislead the recipient about the contents or subject matter of the message.
- You shall provide a one-click unsubscribe option in all emails and refrain from sending emails to persons who have opted out or un-subscribed from your mailing list. The request to opt-out from the mailing list should be honored within 10 days from the date of request.
- You shall include your valid physical postal address in all emails sent through our Services.
- You shall include a conspicuous notice in all marketing emails that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial emails from you.
We may, at any time, require you to prove that you have express permission to send emails to email addresses you have imported to your Services irrespective of whether you have sent marketing emails to such email addresses.
Your use of our Services signifies your unconditional acceptance of this Anti-Spam Policy.
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department from the contact page.
Personal and Contact Information
- Clients' personal and contact information is never shared with any third party under any circumstance.
- We take the privacy of your information very seriously. If Mailcheap receives an official request for account records, we first establish the legitimacy of the request. When responding, we apply strict legal and privacy requirements.
Usage Details, Data & Privacy
- Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the Mailcheap Services and to help us provide you the best possible service.
- All data related to a service is destroyed when a cancellation request or termination is processed for the service. Backups relating to a service may be kept for an additional 7-30 days (from the date of termination) in case of automatic service termination.
EU GDPR rights overview
- Right to Access / Data Portability: Email data is accessible for an active service through the server's IMAP service. Clients' may use programs like OfflineIMAP (or similar) to download the email data. Email domains and identities can be exported from the server's admin panel. In addition to mailserver data, clients' personal and contact information is stored in the client area billing/support system. This data is available on request by opening a support ticket.
- Right to be Forgotten: All email data related to a service is destroyed when a cancellation request or termination is processed for the service. Backups relating to a service may be kept for an additional 7-30 days (from the date of termination) in case of automatic service termination. Clients' client area billing/support system account can be closed on request by opening a support ticket from the client area.
- Data Protection Officer: Pavin Joseph (L3 Systems Engineer) may be contacted from the contact page.
- Breach Notification: Clients will be notified within 72 hours of first having become aware of any data breach. This does not include data breaches caused by client due to use of weak/insecure passwords and/or re-use of passwords. Use a password manager to create random passwords for all your accounts. Mailcheap will not be responsible for lost passwords or compromised accounts due to weak passwords.
Mailcheap Data Processing Agreement
1. Scope, Order of Precedence and Term
1.1 This data processing agreement (the “Data Processing Agreement”) applies to Mailcheap’s
Processing of Personal Data as part of Mailcheap’s provision of Mailcheap Services (“
Services”). The Services are described in (i) the applicable order for Services, (ii) the
applicable Agreement or other applicable master agreement by and between You and Mailcheap in
which this Data Processing Agreement is referenced, and (iii) the Service Specifications (i, ii and iii
collectively the “Services Agreement”).
1.2 Unless otherwise expressly stated in the order, this version of the Data Processing Agreement is incorporated into and subject to the terms of the Services Agreement, and shall be effective and remain in force for the Service Period of the Services.
1.3 Except as expressly stated otherwise in this Data Processing Agreement or the order, in the event of any conflict between the terms of the Services Agreement, including any policies or schedules referenced therein, and the terms of this Data Processing Agreement, the relevant terms of this Data Processing Agreement shall take precedence.
2.1 “Applicable Data Protection Law” means (i) Directive 95/46/EC of October 24, 1995, as amended, on
the protection of individuals with regard to the Processing of Personal Data and on the free movement of
such data (‘Directive’) until such time that it is replaced by Regulation (EU) 2016/679 of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data and on the free
movement of such data, applicable as of May 25, 2018; and (ii) any other data privacy or data protection
law or regulation that applies to the Processing of Personal Data under this Data Processing Agreement;
2.2 “You” means the customer entity that has executed the order;
2.3 “Data Subject”, “Data Protection Impact Assessments”, “Data Protection Officer”, “Process/Processing”, “Supervisory Authority”, “Controller”, “Processor” and “Binding Corporate Rules” (or any of the equivalent terms) have the meaning set forth under Applicable Data Protection Law;
2.4 “EU Model Clauses” means the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of 5 February 2010 for the Transfer of Personal Data to Processors established in Third Countries under the Directive 95/46/EC, or any successor standard contractual clauses that may be adopted pursuant to an EU Commission decision;
2.5 “Argentinean Model Clauses” means the Model Agreement of International Transfer of Personal Data for the case of Personal Data Assignment (Contrato modelo de transferencia internacional de datos personales con motivo de la cesión de datos personales), approved by the National Directorate for Personal Data Protection on 2 November 2016;
2.6 “Mailcheap” means the Mailcheap Affiliate that has executed the order;
2.7 “Mailcheap Affiliate(s)” means the subsidiar(y)(ies) of Cyberlabs s.r.o. & Cyberlabs Inc. that may assist in the performance of the Services as set forth in Section 3.3;
2.8 “Personal Data” means any information relating to a Data Subject that Mailcheap may Process on Your behalf as part of the Services;
2.9 “Third Party Subprocessor” means a third party subcontractor, other than an Mailcheap Affiliate, engaged by Mailcheap and which may Process Personal Data as set forth in Section 3.3. Other capitalized terms have the definitions provided for them in the Services Agreement or as otherwise specified below.
3. Controller and Processor of Personal Data and Purpose of Processing
3.1 You are and will at all times remain the Controller of the Personal Data Processed by Mailcheap under
the Services Agreement. You are responsible for compliance with Your obligations as a Controller
under Applicable Data Protection Law, in particular for justification of any transmission of Personal Data
to Mailcheap (including providing any required notices and obtaining any required consents and/or
authorizations, or otherwise securing an appropriate legal basis under Applicable Data Protection Law),
and for Your decisions and actions concerning the Processing of such Personal Data.
3.2 Mailcheap is and will at all times remain a Processor with regard to the Personal Data provided by You to Mailcheap under the Services Agreement. Mailcheap is responsible for compliance with its obligations under this Data Processing Agreement and for compliance with its obligations as a Processor under Applicable Data Protections Law.
3.3 Mailcheap and any persons acting under the authority of Mailcheap, including any Mailcheap Affiliates and Third Party Subprocessors as set forth in Section 8, will Process Personal Data solely for the purpose of (i) providing the Services in accordance with the Services Agreement and this Data Processing Agreement (ii) complying with Your documented written instructions in accordance with Section 5, or (iii) complying with Mailcheap’s regulatory obligations in accordance with Section 13.
4. Categories of Personal Data and Data Subjects
4.1 In order to perform the Services and depending on the Services You have ordered,
Mailcheap may Process some or all of the following categories of Personal Data: personal contact
information such as name, home address, home telephone or mobile number, fax number, email
address, and passwords; information concerning your age and
date of birth; business contact details; financial details; goods and services provided; IP addresses.
4.2 Categories of Data Subjects whose Personal Data may be Processed in order to perform the Services may include, among others, Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients.
4.3 Additional categories of Personal Data and/or Data Subjects may be described in the Services Agreement. Unless otherwise specified in Your order (including in the Service Specifications), Your Content may not include any sensitive or special personal data that imposes specific data security or data protection obligations on Mailcheap in addition to or different from those specified in the Service Specifications.
5. Your Instructions
5.1 Mailcheap will Process Personal Data on Your written instructions as specified in the Services
Agreement and this Data Processing Agreement, including instructions regarding data transfers as set
forth in Section 7.
5.2 You may provide additional instructions in writing to Mailcheap with regard to Processing of Personal Data in accordance with Applicable Data Protection Law. Mailcheap will comply with all such instructions to the extent necessary for Mailcheap to (i) comply with its Processor obligations under Applicable Data Protection Law; or (ii) assist You to comply with Your Controller obligations under Applicable Data Protection Law relevant to Your use of the Services, including assistance with notifying Personal Data breaches as set forth in Section 11, Data Subject requests as set forth in Section 6, and Data Protection Impact Assessments (DPIAs).
5.3 To the extent required by Applicable Data Protection Law, Mailcheap will immediately inform You if, in its opinion, Your instruction infringes Applicable Data Protection Law. You acknowledge and agree that Mailcheap is not responsible for performing legal research and/or for providing legal advice to You.
5.4 Without prejudice to Mailcheap’s obligations under this Section 5, the parties will negotiate in good faith with respect to any charges or fees that may be incurred by Mailcheap to comply with instructions with regard to the Processing of Personal Data that require the use of resources different from or in addition to those required for the provision of the Services.
6. Rights of Data Subjects
6.1 Mailcheap will grant You electronic access to Your Services environment that holds Personal Data
to enable You to respond to requests from Data Subjects to exercise their rights under Applicable Data
Protection Law, including requests to access, delete or erase, restrict, rectify, receive and transmit, block
access to or object to Processing of specific Personal Data or sets of Personal Data.
6.2 To the extent such electronic access is not available to You, You can submit a “service request” via Mailcheap Support, or other applicable primary support tool provided for the Services), and provide detailed written instructions to Mailcheap (including the Personal Data necessary to identify the Data Subject) on how to assist with such Data Subject requests in relation to Personal Data held in Your Services environment. Mailcheap will promptly follow such instructions. If applicable, the parties will negotiate in good faith with respect to any charges or fees that may be incurred by Mailcheap to comply with instructions that require the use of resources different from or in addition to those required for the provision of the Services.
6.3 If Mailcheap directly receives any Data Subject requests regarding Personal Data, it will promptly pass on such requests to You without responding to the Data Subject if the Data Subject identifies You as the Data Controller. If the Data Subject does not identify You, Mailcheap will instruct the Data Subject to contact the entity responsible for collecting their Personal Data.
7. Personal Data Transfers
7.1 Personal Data held in Your Services environment will be hosted in the data center region
specified in the Services Agreement or otherwise selected by You. Mailcheap will not migrate Your
Services environment to a different data center region without Your prior written authorization.
7.2 Without prejudice to Section 7.1, Mailcheap may access and Process Personal Data on a global basis as necessary to perform the Services, including for IT security purposes, maintenance and performance of the Services and related infrastructure, Services technical support and Service change management.
7.3 To the extent such global access involves a transfer of Personal Data originating from the European Economic Area (“EEA”) or Switzerland to Mailcheap Affiliates or Third Party Subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to (i) the terms of the EU Model Clauses incorporated into this Data Processing Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law, such as approved Binding Corporate Rules for Processors. For the purposes of the EU Model Clauses, You and Mailcheap agree that (i) You will act as the data exporter on Your own behalf and on behalf of any of Your entities, (ii) Mailcheap will act on its own behalf and/or on behalf of the relevant Mailcheap Affiliates as the data importers, (iii) any Third Party Subprocessors will act as ‘subcontractors’ pursuant to Clause 11 of the EU Model Clauses.
7.4 To the extent such global access involves a transfer of Personal Data originating from Argentina to Mailcheap Affiliates or Third Party Subprocessors located in countries outside Argentina that have not received a binding adequacy decision by the National Directorate for Personal Data Protection, such transfers are subject to (i) the terms of the Argentinean Model Clauses incorporated into this Data Processing Agreement by reference; or (ii) other binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with Applicable Data Protection Law.
7.5 Transfers of Personal Data originating from other locations globally to Mailcheap Affiliates or Third Party Subprocessors are subject to (i) for Mailcheap Affiliates, the terms of the Mailcheap Intra-Company Data Processing and Transfer Agreement entered into between Cyberlabs s.r.o. & Cyberlabs Inc. and the Mailcheap Affiliates, which requires all transfers of Personal Data to be made in compliance with all applicable Mailcheap security and data privacy policies and standards; and (ii) for Third Party Subprocessors, the terms of the relevant Mailcheap Third Party Subprocessor agreement incorporating security and data privacy requirements consistent with the relevant requirements of this Data Processing Agreement.
7.6 The terms of this Data Processing Agreement shall be read in conjunction with the EU Model Clauses, the Argentinean Model Clauses and other applicable transfer mechanisms pursuant to this Section 7.
8. Mailcheap Affiliates and Third Party Subprocessors
8.1 Subject to the terms and restrictions specified in Sections 3.3, 7 and 8, You agree that Mailcheap may
engage Mailcheap Affiliates and Third Party Subprocessors to assist in the performance of the
8.2 The following is the list of Mailcheap Affiliates and Third Party Subprocessors that may Process Personal Data.
- Cyberlabs s.r.o.
- Cyberlabs Inc.
8.3 Within fourteen (14) calendar days of Mailcheap providing such notice to You, You may object to the intended involvement of a Third Party Subprocessor or Mailcheap Affiliate in the performance of the Services, providing objective justifiable grounds related to the ability of such Third Party Subprocessor or Mailcheap Affiliate to adequately protect Personal Data in accordance with this Data Processing Agreement or Applicable Data Protection Law in writing by submitting a “service request” via Mailcheap Support, or other applicable primary support tool provided for the Services. In the event Your objection is justified, You and Mailcheap will work together in good faith to find a mutually acceptable resolution to address such objection, including but not limited to reviewing additional documentation supporting the Third Party Subprocessors’ or Mailcheap Affiliate’s compliance with this Data Processing Agreement or Applicable Data Protection Law, or delivering the Services without the involvement of such Third Party Subprocessor. To the extent You and Mailcheap do not reach a mutually acceptable resolution within a reasonable timeframe, You shall have the right to terminate the relevant Services (i) upon serving prior notice in accordance with the terms of the Services Agreement; (ii) without liability to You and Mailcheap and (iii) without relieving You from Your payment obligations under the Services Agreement up to the date of termination. If the termination in accordance with this Section 8.3 only pertains to a portion of Services under an order, You will enter into an amendment or replacement order to reflect such partial termination.
8.4 The Mailcheap Affiliates and Third Party Subprocessors are required to abide by the same level of data protection and security as Mailcheap under this Data Processing Agreement as applicable to their Processing of Personal Data. You may request that Mailcheap audit a Third Party Subprocessor or provide confirmation that such an audit has occurred (or, where available, obtain or assist customer in obtaining a third-party audit report concerning the Third Party Subprocessor’s operations) to verify compliance with such obligations. You will also be entitled, upon written request, to receive copies of the relevant privacy and security terms of Mailcheap’s agreement with any Third Party Subprocessors and Mailcheap Affiliates that may Process Personal Data.
8.5 Mailcheap remains responsible at all times for the performance of the Mailcheap Affiliates’ and Third Party Subprocessors’ obligations in compliance with the terms of this Data Processing Agreement and Applicable Data Protection Law.
9. Technical and Organizational Measures, and Confidentiality of Processing
9.1 Mailcheap has implemented and will maintain appropriate technical and organizational security
measures for the Processing of Personal Data. These measures take into account the nature, scope and
purposes of Processing as specified in this Data Processing Agreement, and are intended to protect
Personal Data against the risks inherent to the Processing of Personal Data in the performance of the
Services, in particular risks from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise Processed.
9.2 In particular, Mailcheap has implemented the physical access, system access, data access, transmission and encryption, input, data backup, data segregation and security oversight, enforcement and other security controls and measures specified in the Service Specifications. You are advised to carefully review the applicable Service Specifications to understand which specific security measures and practices apply to the particular Services ordered by You, and to ensure that these measures and practices are appropriate for the Processing of Personal Data pursuant to this Data Processing Agreement.
9.3 All Mailcheap and Mailcheap Affiliate staff, as well as any Third Party Subprocessors that may have access to Personal Data are subject to appropriate confidentiality arrangements.
10. Audit Rights and Cooperation with You and Your Supervisory Authorities
10.1 You may audit Mailcheap’s compliance with its obligations under this Data Processing Agreement up to
once per year. In addition, to the extent required by Applicable Data Protection Law, including where
mandated by Your Supervisory Authority, You or Your Supervisory Authority may perform more frequent
audits, including inspections of the Service data center facility that Processes Personal Data.
Mailcheap will contribute to such audits by providing You or Your Supervisory Authority with the information
and assistance reasonably necessary to conduct the audit, including any relevant records of Processing
activities applicable to the Services ordered by You.
10.2 If a third party is to conduct the audit, the third party must be mutually agreed to by You and Mailcheap (except if such Third Party is a competent Supervisory Authority). Mailcheap will not unreasonably withhold its consent to a third party auditor requested by You. The third party must execute a written confidentiality agreement acceptable to Mailcheap or otherwise be bound by a statutory confidentiality obligation before conducting the audit.
10.3 To request an audit, You must submit a detailed proposed audit plan to Mailcheap at least two weeks in advance of the proposed audit date. The proposed audit plan must describe the proposed scope, duration, and start date of the audit. Mailcheap will review the proposed audit plan and provide You with any concerns or questions (for example, any request for information that could compromise Mailcheap security, privacy, employment or other relevant policies). Mailcheap will work cooperatively with You to agree on a final audit plan.
10.4 If the requested audit scope is addressed in a SSAE 16/ISAE 3402 Type 2, ISO, NIST, PCI DSS, HIPAA or similar audit report issued by a qualified third party auditor within the prior twelve months and Mailcheap provides such report to You confirming there are no known material changes in the controls audited, You agree to accept the findings presented in the third party audit report in lieu of requesting an audit of the same controls covered by the report.
10.5 The audit must be conducted during regular business hours at the applicable facility, subject to the agreed final audit plan and Mailcheap’s health and safety or other relevant policies, and may not unreasonably interfere with Mailcheap business activities.
10.6 You will provide Mailcheap any audit reports generated in connection with any audit under this Section 10, unless prohibited by Applicable Data Protection Law or otherwise instructed by a Supervisory Authority. You may use the audit reports only for the purposes of meeting Your regulatory audit requirements and/or confirming compliance with the requirements of this Data Processing Agreement. The audit reports are Confidential Information of the parties under the terms of the Services Agreement.
10.7 Any audits are at Your expense. The parties will negotiate in good faith with respect to any charges or fees that may be incurred by Mailcheap to provide assistance with an audit that requires the use of resources different from or in addition to those required for the provision of the Services.
11. Incident Management and Personal Data Breach Notification
11.1 Mailcheap promptly evaluates and responds to incidents that create suspicion of or indicate
unauthorized access to or Processing of Personal Data (“Incident”). All Mailcheap and Mailcheap Affiliates
staff that have access to or Process Personal Data are instructed on responding to Incidents, including
prompt internal reporting, escalation procedures, and chain of custody practices to secure relevant
evidence. Mailcheap’s agreements with Third Party Subprocessors contain similar Incident reporting
11.2 In order to address an Incident, Mailcheap defines escalation paths and response teams involving internal functions such as Information Security and Legal. The goal of Mailcheap’s Incident response will be to restore the confidentiality, integrity, and availability of the Services environment and the Personal Data that may be contained therein, and to establish root causes and remediation steps. Depending on the nature and scope of the Incident, Mailcheap may also involve and work with You and outside law enforcement to respond to the Incident.
11.3 To the extent Mailcheap becomes aware and determines that an Incident qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed on Mailcheap systems or the Services environment that compromises the security, confidentiality or integrity of such Personal Data (“Personal Data Breach”), Mailcheap will inform You of such Personal Data Breach without undue delay but at the latest within 72 hours.
11.4 Mailcheap will take reasonable measures designed to identify the root cause(s) of the Personal Data Breach, mitigate any possible adverse effects and prevent a recurrence. As information regarding the Personal Data Breach is collected or otherwise reasonably becomes available to Mailcheap and to the extent permitted by law, Mailcheap will provide You with (i) a description of the nature and reasonably anticipated consequences of the Personal Data Breach; (ii) the measures taken to mitigate any possible adverse effects and prevent a recurrence; (iii) where possible, the categories of Personal Data and Data Subjects including an approximate number of Personal Data records and Data Subjects that were the subject of the Personal Data Breach; and (iv) other information concerning the Personal Data Breach reasonably known or available to Mailcheap that You may be required to disclose to a Supervisory Authority or affected Data Subject(s).
11.5 Unless otherwise required under Applicable Data Protection Law, the parties agree to coordinate in good faith on developing the content of any related public statements or any required notices for the affected Data Subjects and/or notices to the relevant Supervisory Authorities.
12. Return and Deletion of Personal Data upon Termination of Services12.1 Upon termination of the Services or upon expiry of the retrieval period following termination of the Services (if available), Mailcheap will promptly delete all copies of Personal Data from the Services environment by rendering such Personal Data unrecoverable, except as may be required by law.
13. Legally Required Disclosure Requests
13.1 If Mailcheap receives any subpoena, judicial, administrative or arbitral order of an executive or
administrative agency, regulatory agency, or other governmental authority which relates to the
Processing of Personal Data (“Disclosure Request”), it will promptly pass on such Disclosure Request to
You without responding to it, unless otherwise required by applicable law (including to provide an
acknowledgement of receipt to the authority that made the Disclosure Request).
13.2 At Your request, Mailcheap will provide You with reasonable information in its possession that may be responsive to the Disclosure Request and any assistance reasonably required for You to respond to the Disclosure Request in a timely manner.
14. Data Protection Officer
14.1 Mailcheap has appointed a Global Data Protection Officer (Pavin Joseph). Mailcheap’s
Global Data Protection Officer may be contacted from the contact page .
14.2 If You have appointed a Data Protection Officer, You may request Mailcheap to include the contact details of Your Data Protection Officer in the order, or may subsequently communicate the relevant contact details to Mailcheap by submitting a “service request” via Mailcheap Support.
Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND - Cyberlabs s.r.o., Cyberlabs Inc., MAILCHEAP.CO - (hereinafter “Mailcheap”) GOVERNING YOUR USE OF ALL MAILCHEAP SERVICES.
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the EU, Czech Republic, United States or your jurisdiction of residence. In order to access any services, you are required to provide current and accurate identification, contact information, and other details as part of the registration process. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify Mailcheap of any unauthorized use of your account or any other breach of security. Mailcheap will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
Mailcheap may cancel or suspend your access to Mailcheap services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
Conditions of Use
- By using this website and/or our Services, you provide your assent to be unconditionally bound by the conditions of use including any future changes (“conditions”), without limitation or qualification. Please read these conditions carefully before using this website and/or Services. These conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current conditions to which you are bound.
Restrictions on Use
- In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services with shared compute resource without prior written permission (see 'Reselling' section below); (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Mailcheap; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
- You shall not use 'Premium Relay' for transmitting bulk emails or commercial emails including -but not limited to- marketing emails and newsletters.
- Reselling is prohibited on all services with shared compute resources.
- Reselling is allowed on all services with dedicated compute resources.
As an authorized affiliate (Affiliate) of Cyberlabs s.r.o. & Cyberlabs Inc. (Mailcheap), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Mailcheap as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Mailcheap by your own website or personal referrals.
By signing up for the Mailcheap Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of affiliate accounts
- We reserve the right to approve or reject (close) ANY Affiliate Program account at our sole and absolute discretion within 14 days of affiliate account creation. You will have no legal recourse against us for the rejection or closing of your Affiliate Program account.
- Commissions will be paid when a purchase is made within 90 days of someone clicking your referral link and using the service for at least 45 days.
- You cannot refer yourself, and you will not receive a commission on your own accounts.
- Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
- Eligible commissions can be withdrawn using Paypal or bank transfer. Any transfer fees and/or conversion charges arising out of these withdrawals shall be borne by the Affiliate.
Your affiliate status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Mailcheap reserves the right to require license agreements from those who employ trademarks of Mailcheap in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Mailcheap, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Mailcheap reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
- You may use graphic and text links both on your website and within in your email messages. You may also advertise the Mailcheap site in online and offline classified ads, magazines, and newspapers.
- You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
Mailcheap occasionally offers coupon (promo code) to select affiliates and/or may distribute it through various other outlets. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon and no commissions are paid for sales generated from that coupon.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on Mailcheap Coupons, Mailcheap Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
- PPC bidding is NOT allowed without prior written permission.
- Mailcheap will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
- We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Mailcheap. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your registration in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless Mailcheap and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Mailcheap to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Spamming and Illegal Activities
- You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. In such a case you are not eligible for any refunds whatsoever.
Account Status and Retention
- Any account with at least one active service is considered to be of Active Status.
- Active Status accounts will receive emails relating to their active services, support tickets, maintenance and general announcements.
- An account with no current services is considered to be of Inactive Status.
- Inactive Status accounts will receive emails relating to their support tickets, and general announcements.
- Any Inactive Status account may request to be closed/terminated/deleted so long as there are no unpaid or overdue invoices on the account.
- An account is permanently closed/terminated/deleted, and all associated data removed when it goes 12 months with no active services, support tickets, or logins.
- Any existing Account Credit is permanently removed from an account when it is closed/terminated/deleted.
- Clients must provide their legitimate name and surname and residential address when registering an account.
- P.O. Boxes and non-residential or mail forwarding addresses are not accepted.
- Clients may not open multiple personal accounts under any circumstance.
- Clients who are business entities and who wish to open multiple accounts, please submit a support ticket.
- Clients may not give other persons access to their accounts.
- Invoices for monthly recurring services will be issued 10 days in advance of the due date.
- Invoices for quarterly, semi-annual or annual recurring services will be issued 15 days in advance of the due date.
- Unpaid services will be suspended three days past the due date on the service.
- Unpaid services will be terminated seven days past the due date on the service.
- Account credit does not expire, and cannot be transferred from one client to another.
- Existing account credit will automatically be applied towards further generated invoices until exhausted.
- Account credit may not be withdrawn or 'cashed out' in the form of a refund or other payment.
- PayPal payments must match the client's name on file. Third party payments are not permitted.
- PayPal payments must be made from a Verified PayPal account only
- PayPal payments that do not meet the above criteria will be refunded. Multiple refunds may be subject to a $2.50 processing fine, and the client's account being prohibited from making any further payments via PayPal.
- Credit/Debit Card payments must match the client's name and address on file. Third party payments are not permitted.
- Credit/Debit Card payments that do not meet the above criteria will be refunded. Multiple refunds may be subject to a $2.50 processing fine, and the client's account being prohibited from making any further payments via Credit or Debit cards.
- Chargebacks and disputes against any payment will result in immediate suspension of all services on the account until the dispute is removed, and the account prohibited from placing any further orders. At the Billing Department's discretion, all services on the account may be terminated without compensation in the event of dispute or chargeback.
- Orders for Shared / Private server plans are provisioned within 24-48 hours provided that the client's Contact Information and Payment are in accordance with the Terms of Service and the pre-requisites(customer input) for order processing is completed.
- Orders for Dedicated / Custom server plans are provisioned within 1-7 business days provided that the client's Contact Information and Payment are in accordance with the Terms of Service and the pre-requisites(customer input) for order processing is completed.
- If Mailcheap fails to provision the service within 7 days (for Shared / Private server plans) or 14 business days (for Dedicated server plans), we will issue a full refund upon request to the client.
- If a client's Contact Information or Payment are not in accordance with the Terms of Service, the order will be placed on Hold, and a Support Ticket opened to the client with details on how to correct the situation.
- Orders that remain on Hold status for more than 24 hours with no response from the client are cancelled, and a refund issued on the payment if applicable.
- Orders that remain unpaid for more than 24 hours are automatically removed from the system.
- Service modification cannot be performed on or past the service's due date. Any outstanding invoices must be settled before service modification can be performed.
- Service can only be upgraded while retaining your data.
- Service cannot be downgraded. You may cancel your current service and order a new one according to your requirement. This process will not retain your past data.
- Service modification that will raise the value of the service will be billed for the difference in values from the date of modification until the end of the service's current billing cycle. The modification will be applied once the issued invoice is settled.
- Services cannot be transferred from one client to another.
- 'Immediate' type cancellation of service are processed automatically at 0400h CET the following morning.
- 'End of Cycle' type cancellation of service are processed automatically at 0400h CET on the service's next due date.
- Once cancellation has been run on a service, all related data and backups are destroyed. This process cannot be reversed.
- Service Suspension: When suspended, a service is brought offline and disabled from being accessed. No data will be made available, nor the service brought online, until the situation resulting in the suspension has been resolved.
- Service Termination: Upon termination, all related data and backups are destroyed. This process cannot be reversed. Backups relating to a service may be kept for an additional 7-30 days (from the date of termination) in case of automatic service termination.
- Mailcheap guarantees 99.999% uptime for 'Premium Mail', 'Reseller Premium' plans and critical infrastructure like filters, relays (Premium relay) and backup mailservers. In the event of downtime that exceeds the thresholds set by this SLA, your account will receive credits for every minute of excessive downtime upon request.
- Exceptions to this SLA incl. server abuse, ToS/anti-spam policy violations, overdue invoices, downtime caused by client and targeted/Denial of Service attacks.
- We do not offer refunds for cancelled services or policy (anti-spam/Terms) violations. If Mailcheap breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees.
- Money back guarantee: we offer a 14 day money back guarantee with Enterprise Email - Shared product (basic plan) if its your first Mailcheap order and there were no policy (anti-spam/Terms) violations.
Disclaimer of Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MAILCHEAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAILCHEAP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MAILCHEAP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
- YOU AGREE THAT MAILCHEAP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MAILCHEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MAILCHEAP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
- You agree to indemnify and hold harmless Mailcheap, its officers, directors, admins, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Mailcheap.
Suspension and Termination
- We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms of Service and/or Anti-Spam Policy. You have the right to terminate your user account if Mailcheap breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.