Anti Spam Policy
You shall not use 'Premium Relay' (Basic plans/Premium Mail) 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 It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.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 by using the Contact Form.
Personal and Contact Information
- Clients' personal and contact information is never shared with any third party under any circumstance.
- Clients' personal and contact information is only released to law enforcement officials when a court order mandates said release.
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 days (from the date of termination) in case of automatic service termination.
EU GDPR compliance
- 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 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 through the Contact Form.
- 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.
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 (excluding Reseller plans RE-xxx and RP-xxx) without prior written permission; (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' (Basic plans/Premium Mail) for transmitting bulk emails or commercial emails including -but not limited to- marketing emails and newsletters.
- Reselling is allowed on Reseller plans: Reseller Enterprise (RE-xxx) and Reseller Premium (RP-xxx).
- Reselling is prohibited on all other plans without prior written permission.
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.
- When a service is cancelled before its due date, the remainder of the service's billing cycle is automatically deposited to the client's account credit balance.
- 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 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.
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.