TL;DR — The short version
- • You must use EarthMails for lawful purposes only.
- • You are responsible for the content sent through the Service.
- • Subscriptions are billed in advance and are non-refundable.
- • We may suspend accounts that violate these Terms.
- • Our liability is limited to fees paid in the last 12 months.
Acceptance of Terms
Agreement
By creating an account, accessing, or using EarthMails (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Eligibility
You must be at least 18 years of age to use the Service. By using EarthMails, you represent and warrant that you meet this requirement and that you will use the Service in compliance with all applicable laws and regulations.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or an in-product notification. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
Description of Services
What We Provide
EarthMails provides managed business email infrastructure, including custom-domain email hosting, DNS configuration (SPF, DKIM, DMARC), deliverability monitoring, security features, and related technical support (collectively, the "Service").
Service Availability
We strive to maintain 99.9% uptime for the Service. Planned maintenance will be announced at least 24 hours in advance where possible. Unplanned outages will be communicated via our status page. Uptime SLA credits, where applicable, are described in your subscription plan.
Modifications to the Service
We may add, modify, or discontinue features of the Service at any time. We will provide reasonable advance notice for changes that materially reduce the functionality available under your current plan.
Beta Features
We may offer certain features designated as "beta" or "preview". These features are provided as-is, may be unstable, and may be modified or discontinued without notice. They are excluded from any SLA commitments.
Accounts & Responsibilities
Account Registration
You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Account Security
You agree to notify us immediately at info@earthmails.com if you discover or suspect any unauthorized use of your account or security breach. We recommend enabling two-factor authentication for all accounts.
Organizational Accounts
If you are using the Service under a team or organizational account, the account owner is responsible for managing user access, ensuring all users comply with these Terms, and for any actions taken by users within the account.
Account Transfers
You may not transfer your account or any rights under these Terms to another party without our prior written consent.
Billing & Payment
Subscription Plans
EarthMails offers subscription-based plans billed monthly or annually. All fees are stated in US dollars and are exclusive of applicable taxes unless otherwise stated. By subscribing, you authorize us to charge your payment method on a recurring basis.
Payment Processing
Payments are processed securely by Stripe. EarthMails does not store your full credit card details. By providing payment information you agree to Stripe's terms of service.
Invoices & Receipts
Invoices are generated automatically at the start of each billing cycle and sent to your account email address. You can also access all invoices from your account dashboard.
Failed Payments
If a payment fails, we will attempt to charge your payment method up to three times over seven days. If payment remains unsuccessful, your account will be suspended until payment is received. Data is retained for 30 days after suspension before permanent deletion.
Upgrades & Downgrades
Plan upgrades take effect immediately, with the price difference prorated for the remainder of the billing period. Downgrades take effect at the start of the next billing cycle.
Refunds
Subscription fees are non-refundable except where required by applicable law. If you cancel mid-cycle, you will retain access until the end of the current billing period. We may, at our discretion, offer credits or refunds in exceptional circumstances such as extended service outages.
Acceptable Use
Permitted Use
You may use the Service only for lawful business purposes and in accordance with these Terms. You are solely responsible for all email content sent through the Service and for ensuring that your use complies with applicable laws, including anti-spam regulations (CAN-SPAM, CASL, GDPR).
Prohibited Activities
You must not use the Service to send unsolicited bulk email (spam), phishing messages, malware, or any content that is illegal, harmful, threatening, abusive, defamatory, or infringes any third-party rights. You must not use the Service to impersonate any person or entity or misrepresent your affiliation with any person or entity.
Technical Restrictions
You must not attempt to reverse engineer, decompile, or disassemble the Service, probe or test the vulnerability of our systems, circumvent security or authentication measures, or interfere with the availability of the Service for other users.
Resource Usage
You agree to use the Service within the limits defined by your subscription plan. Excessive resource usage that negatively impacts other customers may result in throttling or a requirement to upgrade your plan.
Suspension & Termination
Termination by You
You may cancel your account at any time through your account dashboard or by contacting support. Upon cancellation, your access to the Service will continue until the end of the current billing period.
Suspension by Us
We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if: (a) you breach these Terms; (b) your use of the Service poses a security risk; (c) you engage in prohibited activities; or (d) we are required to do so by law.
Effect of Termination
Upon termination, your right to access the Service ceases immediately. We will retain your data for 90 days following termination, during which you may request an export. After this period, your data will be permanently deleted.
Survival
Provisions of these Terms that by their nature should survive termination — including intellectual property rights, indemnification, disclaimers, and limitation of liability — will remain in effect after termination.
Disclaimers & Liability
Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, EarthMails and its directors, employees, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Service.
Liability Cap
Our total aggregate liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to EarthMails in the twelve months preceding the claim, or (b) $100 USD.
Indemnification
You agree to indemnify, defend, and hold harmless EarthMails and its affiliates from any claims, damages, and expenses (including reasonable legal fees) arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.
Intellectual Property
Our IP
The EarthMails platform, including all software, designs, trademarks, and content, is the exclusive property of EarthMails or its licensors. These Terms do not grant you any rights to use our trademarks, logos, or brand elements without our prior written consent.
Your Content
You retain all ownership rights to the content you send through the Service. By using the Service, you grant EarthMails a limited, non-exclusive license to process and transmit your content solely as necessary to provide the Service.
Feedback
If you submit feedback, suggestions, or feature requests, you grant EarthMails a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Service without any obligation to you.
Governing Law & Disputes
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which EarthMails is incorporated, without regard to its conflict of law provisions.
Dispute Resolution
Before initiating legal action, you agree to attempt to resolve any dispute informally by contacting us at info@earthmails.com. We will try to resolve the dispute within 30 days. If informal resolution fails, disputes shall be submitted to binding arbitration in accordance with the rules of the relevant arbitration body.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive the right to participate in a class action lawsuit or class-wide arbitration.
Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Contact
General Inquiries
For questions about these Terms of Service, please contact us at info@earthmails.com. We aim to respond to all legal inquiries within 5 business days.
Notices
All legal notices to EarthMails must be sent in writing to info@earthmails.com. We will send notices to the email address associated with your account. Notices are deemed received when sent by email.
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