Terms and conditions for the use of services at mySMTP
Please also read our Data Processing Agreement
1. Entering into the Agreement and its area of application
1.1 These terms and conditions apply to the use of services (hereinafter referred to as ‘Services’) that are provided by SMTP.dk ApS (hereinafter referred to as the ‘Provider’) via the mySMTP website. In the following, the users who make use of the Services are referred to as the ‘Customer’. In the following, these terms and conditions are referred to as the ‘Agreement’.
1.2 The Agreement regulates all conditions between the Customer and the Provider.
1.3 By clicking on ‘I accept’ below, the Customer accepts the terms and conditions of the Agreement and the use of the Services in accordance with the Agreement.
1.4 The Customer must be at least 18 years old and be of full age and capacity.
2. Changes to the terms and conditions of the Agreement
2.1 The Provider reserves the right to change the terms and conditions of the Agreement on an ongoing basis, including the right to charge fees or payments for the Services. All changes to the Agreement must be published on the home page (mySMTP.com) and notice must be given by email to the Customer. New and changed terms and conditions for the Agreement will come into force for all Services and be applicable to the relationship between the Customer and the Provider four weeks after the day when they have been published and the Customer has been notified. Changes that only improve the Customer’s legal position may, however, come into force immediately.
2.2 If the Customer does not want to continue the Agreement in accordance with new or changed terms and conditions, the Customer is entitled to terminate the Agreement and stop using the Services without notice if the Provider is given notice about this by email to firstname.lastname@example.org before the changed conditions come into force.
3. The period of applicability, notice of termination and termination of the Agreement
3.1 The Agreement comes into force when the Customer has accepted the terms and conditions of the Agreement. The Agreement is entered into for an indefinite period of time.
3.2 The Agreement may be terminated by both parties with four weeks’ notice. The Customer’s notice of termination of the Agreement must be made by email to email@example.com and state the order number.
3.3 Upon termination of the Agreement, the Customer’s right to use the Services and the Customer’s data and access rights will be deleted. Upon termination of the Agreement, the Provider is not obligated to forward email or similar matters to the Customer or in any other way provide access to data or other things to the Customer.
4. Right of cancellation and refund by users
4.1 If the Customer is a user (in accordance with the provisions of the Danish Consumer Protection Act), the Customer has the right to withdraw from the Agreement within a deadline of 14 days from the time the Agreement is entered into. However, the right of cancellation and refund no longer applies if the Customer makes use of the Services. The right of cancellation may be used by notifying the Provider by email to firstname.lastname@example.org.
5. Use of the Services
5.1 When the terms and conditions of the Agreement have been accepted, the Customer is entitled to use the Services for all legal purposes. The Customer’s right to use the Services is personal and may not be transferred, lent or made available to third parties in any other way. Access to using the Services does not give the Customer any kind of property rights to the copyrights, trademarks or other intellectual property rights to and regarding the Services and the Customer may only make use of these intellectual property rights to the extent that is necessary for using the Services as presupposed in this Agreement.
5.2 With regard to the use of the Services, the Customer is obligated to comply with applicable legislation at any given time. Thus, when using the Services, the Customer may not (i) violate the Provider’s copyrights or the copyrights of third parties, or other intellectual property rights, (ii) encourage or participate in criminal acts, (iii) disseminate or publish material that is racist, discriminating, pornographic or threatening, (iv) hack or disseminate viruses or similar damaging software, (v) change or intervene in the Provider’s Services, software or scripts, or (vi) otherwise violate applicable legislation or law.
5.3 It is not allowed to use the Services to send spam, mail bombing or other spam-like activities. It is not allowed to send email based on lists purchased from third parties. Recipients of email must actively approve receipt cf. the U.S. Controlling the Assault of Non-Solicited Pornography And Marketing Act (the CAN-SPAM Act).
5.4 The Customer is liable for any damage that might result from the Customer’s use of the Services. If the Customer, regardless of the provisions in section 5.1, provides access to the Services to a third party, the Customer is also liable for damage that may result from the use of the Services on the part of the third party.
5.5 The Customer must immediately notify the Provider about any unauthorized use of the Customer’s access rights with the Provider by email to email@example.com.
6. Breach of contract
6.1 If the Customer is in breach of its obligations with regard to the Agreement, including, for example, the use of Services in violation of section 5 of the Agreement, the Provider is entitled to close the Customer’s account and prevent access by the Customer to the Services and use of the Services, if the breach is not stopped within two days from when the Customer is notified about the breach.
7. Setup – Operation interruptions
7.1 The Customer itself is responsible for setting up its hardware and other equipment for the use and utilization of the Services. The Provider is entitled to change the technical specifications of the Services with two weeks’ notice. Notification of technical changes will be made on the home page (mySMTP.com) and by email to the Customer.
7.2 The Provider must strive to give the Customer error-free access to the Services at any given time and to ensure that operation interruptions are limited as far as possible. The Provider does not, however, guarantee uninterrupted, error-free or continuous access to the Services, and the Customer therefore accepts that the Services may be unavailable, whether by plan or unintentionally. The Provider is not responsible for damage or loss resulting from errors or lack of access to the Services.
7.3. The Customer itself is responsible for setting up and storing all data that may be lost in connection with the use of and/or errors in the Services.
8.1 Payment for Services must be made via mySMTP.com and esp.smtp.dk by credit card, bank transfer or PayPal. As soon as payment for Services has been registered in the payment gateway, the Customer will receive an email with account information and when the account is subsequently activated, the Services may be used.
8.2 As long as you are a user you must provide us with valid credit card information and authorize us to deduct the recurring payments against that credit card. You will replace the information for any credit card that expires with information for a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any charges may be billed to that credit card and won’t be rejected.
8.3 Your monthly subscription will be automatically charged upfront each month. The exceeding credits in the previous month will be charged the same CPM (cost per 1000) as your current plan. Please also consider to upgrade to a package matching your monthly sendings.
8.4 A complete list of prices for the Services can be found at www.mySMTP.com.
9. The Customer’s exemption of the Provider
9.1 To the extent that relevant legislation and/or legal practice allows, the Customer must exempt the Provider and its employees for all liability that may result from or in connection with the Customer’s use of the Services.
10. The Provider’s liability limitations
10.1 The Supplier is not liable for operations losses, lost profit, lost data or any form of indirect loss at the Customer.
10.2 The Provider is not liable for errors, breakdowns, required operation interventions or interruptions that are due to conditions that may be due to errors, equipment etc., which are owned or operated by another provider, operator, supplier or similar party.
10.3 The Provider’s liability is, in all cases, limited to an amount corresponding to the total amount that the Customer may have paid to the Provider in accordance with this Agreement regardless of the cause or nature.
10.4. The Provider’s liability in accordance with this Agreement lapses if fulfilment of the Agreement is made impossible or becomes an unreasonable burden due to conditions that the Provider cannot control, such as fire, war, rebellions, strikes, lockouts, natural disasters, orders issued by authorities or other force majeure-like conditions.
11. Security and sensitive data
11.1 The Provider does not store data of any kind regarding the content of email sent while using the Services. There will only be access to a log file with information regarding sent email and email that may not have been received by the addressee from the Customer’s account.
11.2. The Customer agrees and accepts that the Provider, from time to time, will send email with news to the Customer at the email address created by the Provider regarding changes and optimizations of the Services and/or new or existing Services etc.
12.1 All disputes that may result from this Agreement must be decided in accordance with Danish law by the City Court of Copenhagen.