Developer SMTP Account Terms and Conditions

As a developer enabling your Application (and therefore your End Users) to use your own Developer SMTP account, you adhere to TurboSMTP "Terms and conditions" (http://serversmtp.com/en/terms-and-conditions) and to the following additional

1. You adhere to TurboSMTP "Terms and conditions" reported on TurboSMTP's web site (http://serversmtp.com/en/terms-and-conditions)

2. You are responsible for all activities that occur under your Developer SMTP account, regardless
of whether the activities are undertaken by you, your employees, your End Users or a third
party.

3. You cannot sell, transfer, sublicense or otherwise fail to protect the confidentiality of your Developer SMTP account.

4. You must protect your Developer SMTP account authentication data (username and password) so that they are not exposed to, and are not directly available to, your End Users and other third parties; if you distribute your Application as an executable, you must take appropriate steps to protect the authentication data so that they cannot be exposed using such techniques as cracking, reverse engineering, network traffic sniffing and other malicious methods. We reserve the right to suspend your Developer SMTP account when our proprietary anti-abuse system detects unauthorized access to your Developer SMTP account.

5. Your End Users must be presented with, and explicitly accept and adhere to, TurboSMTP "Terms and conditions" reported on TurboSMTP's web site (http://serversmtp.com/en/terms-
and-conditions), before they can access any part or feature of your Application which uses your Developer SMTP account.

6. Your Application and your End Users must not use your Developer SMTP account for any illegal, unauthorized or otherwise improper purposes, or in any manner that would violate these Terms (or any document incorporated into the Terms), or breach any laws or regulations, or violate any rights of third parties, or expose TurboSMTP to liability, or anyhow adversely impact TurboSMTP services.

7. Your Application and your End Users must not use your Developer SMTP account for sending
unsolicited bulk messages (spam).

8. Your Application must not allow or facilitate the sending of unsolicited bulk messages (spam) and must not have features commonly regarded as spam-supporting, as email harvesting services or other methods for collecting email addresses from the Internet without prior consent of the owners, methods for obfuscating or hiding sender's identity and IPs, methods for deliberately circumventing anti-spam filters, and other techniques commonly regarded as facilitating spam-oriented activities.

9. You may terminate your account for any reason by providing us notice. We reserve the right to
terminate your account for any reason by providing you 30 days advance notice.

10. We reserve the right to automatically limit service access to a specific End User, either temporary or permanently, when our proprietary anti-abuse system identifies the End User as a spam source.

11. We may terminate your account immediately upon notice to you if we determine:
(a) your or an End User's use of your Developer SMTP account (i) poses a security risk to our services or any third party, (ii) may adversely impact our services or systems, or any other TurboSMTP customer's, or (iii) may subject us, our affiliates, or any third party to liability;
(b) you are in breach of this Agreement
(c) any of your End Users is in breach of our Terms and conditions reported on TurboSMTP's web site (http://serversmtp.com/en/terms-and-conditions)

12. The failure of TurboSMTP to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.

13. Disclaimers: THE SERVICE OFFERINGS ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

14. Limitations of Liability: WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY
OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE l2 MONTHS PRECEDING THE CLAIM.
 

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