Legal
Terms of Service
Please read our terms carefully before using our services.
Last updated:
1. Agreement to Terms
By accessing or using MailAfiniti's email hosting services ("Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business. If you do not agree to these Terms, do not use the Services.
2. Services Description
MailAfiniti provides business email hosting services including:
- •Email hosting and delivery infrastructure
- •Mailbox provisioning and management
- •Domain-based email accounts
- •Email storage and archiving
- •Spam and virus filtering
- •Webmail and client access (IMAP/POP3/SMTP)
- •Administrative control panel
- •Related support services
3. Account Registration & Eligibility
You must be at least 18 years old and capable of forming a binding contract. The Services are intended for business use only. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
You are responsible for maintaining the confidentiality of your account credentials and all activity that occurs under your account. Notify us immediately of any unauthorized use at [email protected].
4. Subscription Plans & Billing
Plans
Services are offered on subscription plans as described on our pricing page, billed per mailbox per month or year.
Payment
Payment is due in advance of each billing period. All fees are in USD unless otherwise stated. Prices are exclusive of applicable taxes.
Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file.
Price Changes
We will provide at least 30 days' notice before any price increase. Continued use after the effective date constitutes acceptance of new pricing.
Refunds
Monthly subscriptions: no refunds for partial months. Annual subscriptions: pro-rated refund within 30 days of purchase if you cancel. Setup fees are non-refundable.
Late Payment
Accounts with overdue balances may be suspended after 7 days' notice and terminated after 30 days if payment is not received.
5. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, incorporated herein by reference. You agree not to use the Services to:
- •Send unsolicited bulk email (spam)
- •Transmit malware, viruses, or malicious code
- •Engage in phishing, fraud, or deceptive practices
- •Violate any applicable laws or regulations
- •Infringe intellectual property rights of third parties
- •Harass, threaten, or abuse others
- •Circumvent any security measures
- •Resell Services without written authorization
Violation may result in immediate suspension or termination without refund.
6. Data & Privacy
You retain all ownership rights to your email data and content ("Customer Data"). We process Customer Data only to provide the Services and as described in our Privacy Policy.
Where required by applicable law (including GDPR), we act as a data processor on your behalf. Our Data Processing Agreement (DPA) governs such processing and is incorporated into these Terms.
Upon termination, Customer Data will be retained for 30 days, after which it will be permanently deleted. You are responsible for exporting your data before termination.
7. Service Availability & SLA
We target 99.9% monthly uptime as defined in our Service Level Agreement (SLA), incorporated herein by reference. We will provide at least 48 hours' notice for scheduled maintenance.
Service credits for downtime below our SLA commitment are governed by the SLA and represent your sole remedy for service unavailability.
8. Intellectual Property
All rights, title, and interest in the Services, including software, interfaces, documentation, and trademarks, remain exclusively with MailAfiniti. We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription term solely for your internal business purposes.
You grant us a limited license to process Customer Data solely to provide the Services. Any feedback or suggestions you provide may be used by us without any obligation to you.
9. Limitation of Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILAFINITI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
Liability Cap
OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless MailAfiniti and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your violation of these Terms, your violation of any applicable law or third-party rights, or content transmitted through your account.
11. Term & Termination
These Terms begin when you create an account and continue until your subscription is terminated. You may cancel your subscription at any time through the account dashboard; cancellation takes effect at the end of the current billing period.
We may suspend or terminate your account immediately if you breach these Terms or the Acceptable Use Policy, fail to pay fees when due, or engage in fraudulent or illegal activity.
Upon termination, your right to use the Services ceases immediately and we will retain your data for 30 days before permanent deletion.
12. Dispute Resolution
These Terms are governed by the laws of the United States. Before initiating formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
Any disputes not resolved informally shall be resolved by binding arbitration. You agree that disputes will be resolved on an individual basis and not as a class action or representative proceeding.
13. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, DPA, and SLA, constitute the entire agreement between you and MailAfiniti regarding the Services.
Modifications: We may modify these Terms by posting updated terms. Your continued use after the effective date constitutes acceptance. We will provide 30 days' notice for material changes.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control.
14. Contact
If you have questions about our Terms of Service, please contact us:
- Legal inquiries: [email protected]
- Support: Visit our Help & Support page
- Related policies: Privacy Policy · Acceptable Use Policy · DPA · SLA
