TERMS OF SERVICE

Revision date: November 16, 2019

MXroute LLC is a Limited Liability Corporation in the state of Texas. All services provided by MXroute may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless MXroute from any claims resulting from the use of service which damages the subscriber or any other party.

Functional Service

In these terms we will refer to service functionality. We define functional service as being able to send email that does not trigger our spam filters or rate limits, and the ability to receive mail. Failure to properly configure DNS will not be considered as breaking the service’s ability to function as sold.

Support Treatment / Expectations

As a budget provider we do rely on many of our automations to handle basic functions, and requests for manual intervention can take some time (more so when not impacting the functionality of the service). We will not tolerate being rude or threatening to our staff. We will not tolerate threats of chargeback/payment dispute as an attempt to escalate low priority issues that do not stop the service from functioning. Being rude or threatening (including threat of chargeback / payment dispute) will result in immediate account termination.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of MXroute is strictly prohibited. As our customer you are responsible for all your accounts. This includes abuse of the server’s CPU and RAM resources to a degree that effects the performance of other customers on your server. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. If you abuse system resources, you will be contacted and offered options for accomodating or reducing usage prior to having your service terminated. Abusive processes, however, will be shut down prior to our attempts to contact you.

SPF Records

You are required to have a valid SPF record on domains that send through our service. Failure to do so results in reduced sending reputation for your domain and our IP addresses, which can result in us parting ways to ensure high quality sending for our other customers. SPF is a DNS record that is given to you in an email sent after you pay for service.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

“Leak” forums”

Due to excessive complaints from highly popular email services, we are unable to host email services for forums that specialize in database dumps, leaked information, and things of that nature. This is effective for customers signing up on or after November 16, 2019.

Hundreds of emails to qq.com

If you specifically send hundreds of emails per hour solely to qq.com, this is an email sending trend that we do not support. It may result in suspension of your email account’s outbound functionality. They don’t like it, they block us, and other customers have trouble sending emails to their legitimate customers at qq.com as a result of this behavior. By not allowing this, we avoid this problem.

Backups

Accounts are backed up frequently in case of hardware failure. Backups are not guaranteed and are provided as a courtesy.

Billing

By the Account Activation Date of each month, MXroute shall either:

(1) charge the client’s chosen billing method through the associated PayPal subscription; or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to MXroute by no later than the specified payment due date. MXroute shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All PayPal subscriptions are automatically processed through PayPal and charged to the default or backup payment method that you selected upon signup. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient funding, we will send an e-mail notification, at which point the client must resolve the issue with PayPal within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, may be suspended.

Money back guarantee & refund policy

We do not refund cancelled contracts. Exceptions will be made where MXroute is found to have failed to uphold it’s guarantees. If you feel that a refund is warranted we encourage you to contact us on Slack. In case of policy violations, any and all refunds are forfeit.

Chargebacks

We operate a support desk where we intend to resolve issues. Opening a payment dispute with our payment gateway or your funding source is a violation of MXroute policy and will result in service termination if the dispute is not reversed.

If we have reached no agreement after 14 days from the date of the initial dispute, service will be terminated. At this time we will share your name, e-mail address, phone number, address, IP address, signup domain, and PayPal e-mail address with FraudRecord.com.

Account Deactivations

Any account deactivated due to non-payment will be required to pay the previously unpaid invoice or invoices prior to reactivation, unless otherwise specified.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. Account cancellations may take up to 72 hours to process and we encourage you to plan accordingly.

Limitation of Liability

MXroute shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from MXroute servers going off-line or being unavailable for any reason whatsoever. Furthermore, MXroute shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any files from one of MXroute’s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these policies should be referred to jarland@mxroute.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account termination.

Disclaimer

MXroute cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their service was functioning. Certain services provided by MXroute are resold. Thus, certain equipment, routing, software and programming used by MXroute are not directly owned or written by MXroute. Moreover, MXroute holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as MXroute sees fit.

Server Uptime Guarantee

MXroute guarantees 99% service (pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime upon request.

Spam

Outgoing spam from our servers will not be tolerated. Spam is defined as unsolicited e-mail. All mailing lists must be double opt-in, meaning that clients must sign up and then verify their e-mail address to be added to your mailing list. Violations of this policy will result in service termination. Spam found to be intentional will result in us sharing your name, e-mail address, phone number, address, IP address, signup domain, and PayPal e-mail address with FraudRecord.com. Additionally, intentional unsolicited marketing emails will be billed at a rate of $1 per email.

Account Activation

By activating your account with MXroute, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Privacy

With exception of FraudRecord.com in the case of billing chargebacks and intentional spam, we do not share your information with any third party. We do monitor email logs and login activity so that we might be proactive in response to any issues whether technical or security. We do not read your email unless instructed by you to do so. We do review logs that include sender, recipient, and subject when you make a support request.

MXroute reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.