Terms of Service

OhMySMTP Terms and Conditions of Use

1. Terms

By accessing this web site & application, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. OhMySMTP Services

2.1 Service Level Agreement. OhMySMTP guarantees that the email API service and dashboard will be available 99% of the time in any given monthly billing period, excluding maintenance. You are entitled to a credit of 5% of your given monthly fee for the services for each 30 minutes of OhMySMTP Service unavailability (after the first .01%) in a given monthly period.

2.2 Credit Limitations. You are not entitled to a credit if you are in breach of the terms governing your use of the services until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of these Terms of Service. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control. In addition, to receive a credit, you must request a credit by email OhMySMTP's support team within thirty (30) days following the end of the downtime. You must show that your use of the services was adversely affected in some way as a result of the downtime to be eligible for the credit. Notwithstanding anything in these Terms of Service to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of the fees for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

2.3 Delivery. OhMySMTP will use commercially reasonable efforts to deliver your email messages, but OhMySMTP does not guarantee delivery. Third party filtering services and other policies of recipient email services may prevent successful delivery of your messages

2.4 Attachment support. OhMySMTP does not currently support sending attachments through the service

3. Customer Obligations

3.1 Generally. You may use the services for commercial purposes of sending transactional email only and may not use the services in any situation where failure or fault of the services could lead to death or serious bodily injury of any person or physical or environmental damage, or to send any marketing emails. You agree that your use of any OhMySMTP services will comply with the Acceptable Use Policy below. You agree that you are solely responsible for the suitability of the services and your compliance with any applicable laws, including export laws and data privacy laws.

3.2 Suspension of services. OhMySMTP may suspend the services without liability if: (i) OhMySMTP reasonably believes that the services are being used in violation of the Agreement; (ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) there is an attack on the services or your services are accessed or manipulated by a third party without your consent, (iv) OhMySMTP is required by law or by a regulatory or government body to suspend the services, or (v) there is another event for which OhMySMTP reasonably believes that the suspension of the services is necessary to protect the OhMySMTP network or our other customers. You agree that if the services are reinstated after a suspension for non-payment or for your breach of the Agreement (including the AUP), you will pay a reinstatement fee of $100.

4. Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes activities that are not allowed in connection with your use of the OhMySMTP services.

Abuse

You may not use OhMySMTP’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Offensive Content

You may not publish, transmit or store on or via the services any content or links to any content that OhMySMTP reasonably believes:

No High Risk Use

You may not use the services in any situation where failure or fault of the services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Third Party Conduct

You are responsible for violations of this AUP by anyone using your services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.

Other

Consequences of Violation of AUP

If you breach the AUP we may suspend or terminate your services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where services are being used unlawfully or not in accordance with this AUP.

No credit will be available under the Agreement for interruptions of service resulting from any AUP violation.

5. Website & Application Use License

Permission is granted to temporarily download one copy of the materials (information or software) on OhMySMTP's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

This license shall automatically terminate if you violate any of these restrictions and may be terminated by OhMySMTP at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. Dislaimer

  1. The materials & services on OhMySMTP's web site are provided "as is". OhMySMTP makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OhMySMTP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall OhMySMTP or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on OhMySMTP's Internet site or the service provided by OhMySMTP, even if OhMySMTP or a OhMySMTP authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Governing Law

Any claim relating to OhMySMTP's web site shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland without regard to its conflict of law provisions.

9. Changes to Terms

We may change our Terms Of Service. In that case, the ‘last updated’ date at the bottom of this page will also change. Any changes to this Terms of Service will apply to you and your account immediately.

If these changes affect how your emails or account is processed, we will take reasonable steps to let you know.

Last Updated: August 25th 2020