Terms Of Service

Hosting Agreement

This Hosting Agreement (the “Agreement”) is between SENDUNLIMITEDEMAIL (“SENDUNLIMITEDEMAIL”) and the customer (“Customer”).

Overview

This Agreement, including Schedule “1” attached hereto, outlines the terms under which SENDUNLIMITEDEMAIL will provide certain services to Customer.

Key Terms

Refund Policy

All products are non-refundable.

Late Payment Fees

  • Declined payment: $1 per authorization attempt
  • Server/Service reinstatement: $1

Effective Date

The Agreement will commence upon payment by Customer of the First Month’s Payment.

Schedule “1”

SENDUNLIMITEDEMAIL offers internet network and connectivity services, providing storage, connectivity, and transfer services through its server network and leased connectivity.

Services

SENDUNLIMITEDEMAIL will provide Customer with storage space, access to servers, equipment, and bandwidth as outlined in the Service Table (“Hosting Service”). SENDUNLIMITEDEMAIL will monitor and maintain the Hosting Service during normal business hours (9:00 a.m. to 6:00 p.m., Monday through Friday, Central Time). The Hosting Service will be maintained at a secured location with restricted access and adequate firewall protection.

Financial Arrangements

Customer agrees to a month-to-month contract for bulk email hosting, smart hosting, semi-dedicated, and dedicated servers, and a 12-month contract for domains, beginning upon the “Effective Date.” The first month’s payment is due upon signing this Agreement, and subsequent payments will be billed monthly in advance. This Agreement will automatically renew every month unless canceled in writing 24 hours before the renewal date.

Taxes

Customer is responsible for all taxes and fees associated with purchases made from the Hosting Service.

Material and Products

Using web services requires a certain level of knowledge in Internet languages, protocols, and software. SENDUNLIMITEDEMAIL and contracted technicians are available for consultation at a prearranged cost.

Trademarks

Customer warrants the right to use applicable trademarks and grants SENDUNLIMITEDEMAIL the right to use such trademarks in connection with the Hosting Service.

Hardware, Equipment & Software

Customer must provide all necessary equipment to access SENDUNLIMITEDEMAIL’s server. SENDUNLIMITEDEMAIL is responsible for server-related issues and maintenance.

Age

Customer certifies that they are at least 18 years of age.

Internet Etiquette

Users should be considerate of the expectations and sensitivities of others when posting material for electronic distribution.

Network Security

Customer is prohibited from compromising security or tampering with system resources or accounts.

Email

Sending unsolicited email messages is prohibited. Customer will not use another site’s mail server to relay mail without permission.

Termination

Customer may terminate this Agreement with 30 days prior written notice. No refunds will be issued for services provided up to the termination date. This Agreement may also be terminated for material default or insolvency.

Money Back Guarantee

Customer may request a refund within 24 hours of the Effective Date upon written notice. No refunds are available for Dedicated Servers.

Warranties

SENDUNLIMITEDEMAIL represents that:

  1. Services will be rendered using professional practices.
  2. The Hosting Service will be accessible 24/7, except for scheduled maintenance.
  3. In case of unavailability, SENDUNLIMITEDEMAIL will respond within one hour and remedy the issue promptly.

Limited Liability

Customer uses the Hosting Service at their own risk. SENDUNLIMITEDEMAIL is not liable for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Hosting Service. Customer’s remedies are limited to the aggregate amount paid during the term of this Agreement.

Lawful Purpose

Customer may only use the Server for lawful purposes and must comply with all applicable laws and regulations.

Indemnification

Customer agrees to indemnify and hold SENDUNLIMITEDEMAIL harmless from any liabilities arising from service use, including but not limited to injuries, proprietary rights infringement, or content-related disputes.

Miscellaneous

  • Notices: Must be in writing and sent to the address specified, deemed delivered as per the specified methods.
  • Assignment: Customer may not assign this Agreement without prior written consent.
  • Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior discussions.
  • No Waiver: No delay in enforcing rights will be deemed a waiver.
  • Severability: If any portion is unenforceable, it will be reformed to remain effective.
  • Remedies: Remedies are cumulative and not exclusive.
  • Relationship: The relationship is that of an independent contractor.

By signing this Agreement, both parties agree to the terms and conditions outlined above.