Terms of Service and Acceptable Use Policy

Revised October 2018

1. Preamble

By using Mailsac (also “mailsac”, “we”, “us”, “this/the service”, “this/the website”, “this/the site”), you (also “user”, “the user”, “end user”, “customer”) accept these terms and the Privacy Policies (separate agreement) and agree to ABIDE BY THEM AT ALL TIMES WITH NO EXCEPTION, and with no right to a refund in the event of terms violation.

You accept that any of these policies and procedures will be available on the website but that THESE TERMS MAY CHANGE AT ANY TIME WITHOUT NOTICE - you have been warned.

Terms and policies apply to paid and unpaid features of Mailsac.

2. Warnings and Acceptable Use

  • Illegal is defined as against the law in the United States, the State of California, and the applicable jurisdictions of the end user (you).
  • This website can never be used to break the law.
  • You will not send unsolicited spam to or from this service and you will comply with CAN-SPAM as well as applicable international, national, and local spam laws in your jurisdiction and the State of California, United States.
  • This website and its overseers may cooperate with legal enforcement authorities to uphold law enforcement, without necessarily notifying the user of such coorporation.
  • This website can never be used for malicious activity, terrorist activity, planning illegal activities, discussing illegal activities, gambling, pornography, or condoning illegal activities.
  • This website can never be used to spread spam, untruth, gambling, pornography of any kind whether legal or illegal.
  • Apparent terrorism or threatening behavior, harmful messages or usage to conduct intolerant or hateful or discriminatory actions, whether carried out, intended, or simulated, proven or unproven, will be blocked and removed without notice, and potentially handed over to the proper authorities.
  • This website RESERVES THE RIGHT TO BLOCK OR DELETE MAIL WITHOUT ANY NOTICE OR REASON, INCLUDING DATA RETAINED BY PAID USERS. The user agrees to take action outside Mailsac services to engage in a backup strategy, when persistence is desired or required. ALL MAILSAC DATA, INCLUDING EMAIL CONTENTS AND EMAIL ADDRESSES, MUST BE CONSIDERED EPHEMERAL BY THE USER.
  • You agree to be a good citizen of this service and will not engage in any activity which degrades the quality, experience or integrity of it, and accept that if we determine you are degrading the service for others, your usage may be limited in a way which may be indesirable to you.
  • This service reserves the right to delete or block any email for any reason without notice and without stating any reason.
  • Unless otherwise indicated, by using the service you acknowledge that all of your incoming emails are public, not private, and unsecured, and not under copyright or ownership.
  • This service makes no guarantees about how long email will be retained, neither minimum nor maximum, or that email will be accepted or received.
  • This service is offered for use with NO WARRANTIES and MAKES NO PROMISES THAT IT WILL FUNCTION AS INTENDED OR UNINTENDED. There is no “service level agreement” nor any guarantee of service uptime. We provide uptime system metrics, such as https://status.mailsac.com, on a purely information basis. Nor is status or uptime information required to be available.

3. Commercial and Non-Commercial Use

3a. Personal (where personal is non-business and non-commercial) use of this website is free, though it may require the user to register for an account and provide information such as a legal name, username, email address, phone number, physical address, and password. We will store the password using a one-way hash which cannot be retrieved by Mailsac.

3b. Using this service for any business operations, even once, necessitates the purchase of a subscription-based license. Incorporated or non-incorporated business use is prohibited without a paid recurring active commercial subscription.

3c. An exception the previous clause (3c) is made for subscriptions and services containing the text “trial”. However, “trial” usage will require the business to abide by these terms, the acceptable use guidelines, and the Privacy Policy (separate agreement).

4. Email

4a. Public and Private Email

This site provides public email services and mixed public-private email testing. Email inboxes that are not purchased (aka private) are public and have no privacy whatsoever.

Private addresses will not be accessible publicly and access to messages will be provided only to those with: - a validated username and password, which grants a temporary access “session” which may be stored in a cookie - a validated API key (smtp key, api access key, or other key)

If you believe your username or password has been compromised, you must contact the support email address immediately. This website does not accept responsibility for damages done by compromised accounts. Users acknowledge that overseers and associates (internal or external parties) may have access to inbox contents for the purpose of ongoing business operations, but that access and insight will be limited based on direct need (billing help, troubleshooting, and development comprise the standard reasons for such access, but others may apply). We may aggregate information included in emails, inbound and oubound metadata, email attachements, or email body information, for sale or sharing with third parties or customers.

The Privacy Policy outlines additional detail around sharing of public and private email. When in doubt, THE USER ASSUMES CONTENTS OF THEIR DATA ON MAILSAC.COM MAY BE SHARED WITH OTHER PARTIES. Mailsac is not a service for conducting sensitive or private matters.

4b. Receipt and Message Accuracy Guarantees

Messages receipt is not guaranteed. While this service does not intent for messages to be altered, there may be arbitrary changes whether during transit or storage which are made without knowledge of the user. The user’s account username and IP address may be attached to inbound or outbound email messages.

We cannot guarantee accuracy of any email content. Furthermore this service does not know the quality, truthfulness, correctness, or origination of messages received. Users acknowledge this and will not hold the website responsible for the content of messages. Users acknowledge that outside parties often send viruses and intentionally misleading content (spam) in email messages, and Mailsac is unable to accurately determine whether messages are spam. Spam ratings and spam scores are for informational purposes only - the user acknowledges these may indicate non-spam is spam, and spam is non-spam.

4c. Email Security

The user acknowledges:

  • SMTP and its variants are insecure by design
  • SMTP is a fail-prone protocol
  • SMTP is a “legacy” technology which lacks modern security best practices
  • the SMTP protocol is not guaranteed to be transmitted under encryption
  • when encrypted in transit, email may use broken or insufficient encryption algorithms
  • stored emails may not be encrypted at rest
  • third parties (including but not limited to routers, ISPs, intermediary providers, email providers including Mailsac) may decrypt and store email, even though it was not the message’s final destination

4d. Outbound Mail

Outgoing mail may be purchased at cost and may be delivered/relayed by a third party OR Mailsac. The user and sender of this mail is responsible for the content they send. Delivery cannot be guaranteed. Messages which fail to be not be delivered will not be refunded. Contact Mailsac support if delivery appears to be failing and we may be able to assist with troubleshooting, but again we make no guarantees about outbound message delivery.

Outgoing mail may be marked as spam by receivers or intermediary deliverers. Mailsac is not responsible for email delivered by Mailsac being marked as spam, and WILL NOT refund such mail which is marked as spam or undelivered or unviewed.

Sending spam email is a serious offense.

IN THE EVENT THAT LEGAL EXPENSES OR FINANCIAL JUDGEMENTS ARE INCURRED FOR THE SENDING OF EMAIL MESSAGES BY A MAILSAC USER, THE USER AGREES TO ACCEPT FINANCIAL RESPOSIBILITY FOR THE PAYMENT OF THOSE FEES OR JUDGEMENTS. WHETHER SENT INTENTIONALLY OR UNINTENTIONALLY BY THE MAILSAC ACCOUNT OWNER, THE USER ACCEPTS FULL RESPONSIBILITY FOR THE MESSAGES SENT. The user is responsible for mail sent from their account even during a period that the account was compromised. It is the responsibility of the account holder (user) to secure their account and contact support via when it appears to have been compromised.

5. Throttling

Inbound and outbound email traffic is throttled due to various dynamic factors, including but not limited to: IP addresses, email addresses, domains, frequency of inbound or outbound mail. Banning traffic will happens permanently or temporarily. Entire domains and companies may be banned. For an up-to-date list of banned traffic, contact Mailsac support.

We reserve the right to throttle API access, even for paid customers. Throttling is necessary to ensure quality of service for all other customers.

6. Downtime

This service follows a best-effort policy to maintain uptime. No service level agreement exists, for any customer, paying or non-paying, personal or commercial.

Customers wanting service uptime guarantees should contact sales.

7. Accuracy and Compatibility

7a. Mailsac provides an API service, with free and paid tiers. This service is not responsible for adverse effects in any situation, and offers no compatibility guarantee. We reserve the right to change the API without notice. No guranatees are made on the following:

  • API downtime
  • API changes
  • API incompatibility
  • API support for a particular programming language
  • API help in any language other than English

7b. We make our best effort to produce bug free software and accurate documentation. However the user acknowledges that the service may perform sub-optimally and in a way that is unexpected, and in such cases Mailsac is not responsible. We make no guarantees that the service will function as described or intended, but we hope it does so. There is no guarantee that documentation about the service, including the API or email routing or email privacy, will be accurate.

8. Data and Retention

8a. Deleted data (including messages/email) are removed from the servers and the databases using standard deletion practices. However we cannot guarantee that backups may not exist or that business partners (such as hosting companies) will delete this data. Services which crawl publicly available content (most emails on this website are public) may retain that information indefinitely and this website is not responsible. This website makes no guarantees about retention practices but intends to have deleted content be deleted. Standard application logs and failed attempts to pass data between internal services may be retained for troubleshooting.

Saved or “starred” messages are intended to be retained up to the indicated limits on an account.

The user agrees that Mailsac is never responsible for lost data. It is the user’s responsibility to backup or retain any data they may wish to keep.

If data retention or secure deltion is a concern it is recommend that the user should not use this service, and find another service upon which to rely.

8b. Usage metrics are tracked. Usage includes but is not limited to:

  • IP addresses of site users and API users and SMTP connections
  • IP addresses or user accounts of derivable data from service activities

Analytics on received SMTP messages are recorded. We may track which users or IP addresses view which email addresses and messages. All analytics data may be shared with third parties including being packaged and resold, or made available via API to paying or non-paying customers. This data can be used internally to study spam, or learn about users, to provide more useful services, and to sell as a product for customers to derive value.

9. Refunds

Refunds are not provided. All purchases are final. Refunds may be provided at the discretion of Mailsac and its overseers. As a general rule, refunds are never given for any reason. In the event the service is down or ceases to operate, any unused services and remaining service purchases are not refunded. We make exceptions on a case-by-case basis with no guarantee as to the methods for determination. ALL SALES ARE FINAL WHETHER SERVICES HAVE BEEN RENDERED OR NOT.

10. Updates

These Terms may change from time to time and all updates will be posted on this website. Users of the site WILL NOT BE NOTIFIED OF CHANGES. WE HIGHLY RECOMMEND USERS REGULARLY CHECK THIS WEBSITE FOR CHANGES TO THE TERMS OF SERVICE, ACCEPTABLE USE POLICY, AND PRIVACY POLICY.

If the lack of notification of terms changes presents a concern, contact support for a different arrangement.

11. Privileges

This service retains the right to revoke or deny access to anyone at anytime, with or without stated reason. Likewise any user may cease using the service and request that data be removed, in accordance with the data and retention policies outlined herein and in the jurisdictions indicated herin. As indicated above, refunds are not given.

12. Other Agreements

If a clause of this agreement is found to be invalid or violated, the rest of this agreement still stands.

This agreement represents the entire agreement between the user and Mailsac, which includes the Privacy Policy. The two parties may supersede parts of this agreement through writing signed by legal representatives of both parties. Clauses of this agreement not addressed in any superseding agreement will still stand.