Terms and Conditions

1. Introduction

Welcome to our Terms and Conditions page. Please read these terms carefully.

Welcome to MAINMAIL, the online hosting platform owned and operated by MAINMAIL LLC, which is available on www.mainmail.us (mail.mainmail.us) michaelsmail.net, and other domains, which may include customer domains wherin a customer has correctly installed records for MX, Domain Keys, and DMARC ("Site") or (in the future) on the mobile application platform under MAINMAIL LLC ("App"). The Site and Apps have been created for your business as well as educational and personal use. Note that we have not yet published our App as of this update, but include references to it now as some users may subscribe to our services and later download the app when it is available. Additional terms of agreement will be required for our HIPAA compliant portal offering. PLEASE READ SECTIONS 20, 21 AND 22 BELOW CAREFULLY AS THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS.

2. Agreement to Terms

These Terms and the terms and our Privacy Policy constitute the entire agreement between you and MAINMAIL LLC with respect to our Services, apps, and websites. These Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions that may be applicable. These Terms create no third party beneficiary rights. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and MAINMAIL LLC ("we," "us" or "our"), concerning your access to and use of the Site and App as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from subscribing to and using the Service and you must discontinue use immediately. Supplemental Terms of Service or documents that may be posted on the Site or the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will attempt to alert you about any changes by email when possible but reserve the right to updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change except herein or on the Site or App. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site and the App after the date such revised Terms of Service are posted. The information and services provided on the Site and any App we may publish is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. As of the current update this service is only available to US citizens and legal residents. Accordingly, those persons who choose to access this site, any app, and services from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Service is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to your using the Service.

3. Limitations

There are certain limitations to our services. Depending on the plan chosen, your total data consumption is subject to a quota. The amount of your quota is variable depending on your subscription plan and is detailed on the subscription portal. We will provide options for upgrading storage plans without jumping subscription tiers as needed. We reserve the right to limit the number of emails you may send in a given period. We reserve the right to limit the number of recipients you may send to in a given period. We limit the number of addresses you may send to in a single message. Be aware that there are general limitations on the size of email headers and no header my be larger than 10mb. We may allow for a grace period for you to upgrade your plan should you exceed your quota. We may change the limitations of our services at any time without notice. We will not reduce any plan quota without notice, but may increase it at any time.

4. User Registration and Subscriptions

As a condition to using the Service, you will be required to register with MAINMAIL LLC and select a password and an email address ("User ID"). Your User ID for accessing the service is your subscription email address, and you may not select or use a User ID that is already in use by someone else whether that is an alias or primary email address. Our service does not limit the number of aliases you may use, but you may not use an alias that is already in use by another user (for that domain). Once you create an account, you shall be responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur under your account. Once you create an alias, you will have the option to create an identity for that alias and use it as a from address. Howver, you must log in with your primary User ID at all times, and cannot change it once established. You shall provide MAINMAIL LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You shall not

MAINMAIL LLC reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you provide MAINMAIL LLC with any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MAINMAIL LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. Billing and Payment

We may offer a free trial period for our services. If you choose to continue using the service after the trial period, you will be billed for the subscription period you choose. You may cancel your subscription at any time through the subscription portal. you must cancel your subscription before the end of the trial period to avoid being billed. All auto-payments will be charged to the credit or debit card on file for the business entity or individual. Customers enrolling in a monlthly payment plan must enroll in monthly automatic payments and you authorize us to charge your account for Services every thirty days. Annual auto-pay charges that fail to process will be rendered an unpaid invoice in your account and subject to loss of access to services. We hope to provide an option for bitcoin payments in the future. We may modify the price, content, or nature of services at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on our website.

6. Two Factor Authentication

Two factor authentication will soon be available for all users. You may enable it in your account settings. We will enable more than one method of two factor authentication. We will also provide a method for you to recover your account should you lose access to your two factor authentication device. We strongly recommend enabling two factor authentication to protect your account from unauthorized access. You are responsible for maintaining the security of your account and password. MAINMAIL LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Two factor authentication will be required for all users in the future. We will provide a grace period for you to enable it before it becomes mandatory. If you do not enable two factor authentication within the grace period, your account will be locked until you enable it.

IMAP clients are exempt from the 2 factor requirement. You will be able to create application specific login/access tokens for IMAP clients. You will use a unique token for each client application.

POP is not supported. You may use any IMAP client that is compliant with modern IMAP protocols, such as Thunnderbird, Microsoft Outlook, MacOS Mail, IOS Mail, and many others.

SMTP access requires authentication using your subscription access credentials or application tokens.

7. Webmail Portal

Our webmail portal is designed to be easy to use and secure. We will provide a secure connection to the portal using HTTPS. You will be required to use a secure password to access the portal. The portal will also support 2 factor authentication in the future. Some features of the service are only available through the webmail portal, such as creating aliases, setting up identities, and managing your email account and spam settings.

We will provide a method for you to recover your account should you lose access to your password.

8. Subscription Portal

Our subscription portal is designed to be easy to use to manage your subscription. It uses the same password as the webmail portal. We will provide a secure connection to the portal using HTTPS. You will be required to use a secure password to access the portal. The portal will also support 2 factor authentication in the future. You must use the subscription portal to cancel, upgrade, renew or otherwise manage your subsciptions to our services.

We will provide a method for you to recover your account should you lose access to your password.

9. Auto Renewal

Unless you cancel your subscription, your subscription will automatically renew at the end of the subscription period. The renewal will be for the same term as the original subscription. You may cancel your subscription at any time through the subscription portal. You will continue to have access to the service until the end of the subscription period. You are not entitled to a refund of any remaining subscription time should you cancel your subscription early.

10. Third Party Services and Web Sites

The Service may contain links to third party websites and services. Such Third Party Services are not under our control, and we are not responsible for any Third Party Services. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at your own risk. When you link to a Third Party Service, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Service.

11. Prohibitions

In addition to other terms as set forth in the Agreement, you are prohibited from using the Site or its Content:

12. Privacy Rights of Subscribers

We are in business to create a high perfornamce and privacy oriented alternative to existing email services in the marketplace. We agree not to read, expose metadata related to, or reveal to any other parties any private communications made through our service with the following exceptions:

We may but are not obligated to use encryption systems as part of safeguarding your data.

We strongly recommend the use of end-to-end encryption for sensitive information such as is available from Gnu Privacy Gaurd (GPG) or PGP.

We do not believe that services in which both the private key and public key are stored on a server are truly secure and private. Private key passphrases are subject to being revealed by various methods. This flaw in highly promoted service offerings compelled us to create a service for first our personal use, and then to further develop it into the services we are offering here.

13. Monitoring and Restrictions

We reserve the right but not the obligation to monitor your use of the Service to determine compliance with these Terms of Service.

14. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may request a refund prorated based on your remaining subscription value should we decide to cease operation or become unable to operate and provide the services, such as in an a natural or manmade disaster that shuts down all Internet services. While we will make good faith efforts: It is in our sole discretion whether to fullfil any such request.

You may cancel your subscription automatic renewal at any time, and may continue use the service until the appropriate renewal date.

You are NOT entitled to any refund of remaining subscription time should you cease to use the service or end your subscription early.

15. Intellectual Property Rights

Unless otherwise indicated, the Site and the App are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site, the App, the Content, or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

16. Disclaimer

The Service is provided "as is," without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.

17. Open Source Software

The Service may contain open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. Any modifications of open source which requires we publish those changes will be made available for free downloading.

18. Waiver of Liability, Waiver of Class Action

YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, YOU AGREE TO ABSOLUTELY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN OR TO BE INCLUDED IN ANY CLASS ACTION LAWSUITS OR INCLUSION IN ANY MULTI-PARTY ACTIONS OR SUITS AGAINST US, ANY OF OUR AFFILIATES, SPONSORS, SUBSIDIARIES, VENDORS, EMPLOYEES, AGENTS OR ANY OTHER PERSON OR ENTITY ASSOCIATED THEREWITH.

19. Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

20. Dispute Resolution

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Delaware. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Delaware.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.01. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.IF ANY CLAUSE OF THESE TERMS IS DETERMINED TO BE INCORRECT OR INVALID THE REMAINING CLAUSES WILL REMAIN IN EFFECT AND ENFORCEABLE.

22. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. California Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

25. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

26. Modifications

We reserve the right to make changes to these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. You understand and agree that your continued use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

27. Interruptions

While it is our goal to operate this service continously we cannot promise there will be no interruptions. Planned down time will be announced in advance and will be kept to a minimum, done during off-peak hours. We are working towards a 99.9% uptime goal. Even with processes such as rolling upgrades and redundant internet routing, planned and unplanned outages can occur. We are not responsible for any interruptions in service, whether due to technical issues, acts of God, or other causes beyond our control. We will make good faith efforts to restore service as soon as possible in the event of an interruption.

We will make good faith efforts to keep performance of the services as fast and reliable as we can.

28. Governing Law

These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware, United States of America, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles

29. Contact

If you have any questions, please contact us:

MAINMAIL LLC

www.mainmail.us

PO BOX 1898
Thousand Oaks, CA 91358

Business main phone: 1-805-470-1875

support at-symbol mainmail.us