This Namecheap Email Terms of Service agreement (“Agreement”) is elaborated and may be
reviewed from time to time in order to set forth the rules and conditions of Your use of the Namecheap Email powered
by Open-Xchange ("Services") delivered by Namecheap. In this Agreement "You" and "Your" refer to You as the user of
Our Services, or any agent, employee, servant or person authorized to act on Your behalf. By using the Services, You
acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional
terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy
posted in the Legal section of Namecheap web site. All such guidelines or rules are hereby incorporated by reference
into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions and
notices.
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Account Start-Up
You expressly understand that the Services require to be linked to a domain name to be operational. By
purchasing Services You imply that the associated domain name belongs to You or You possess the domain
access rights. We may render assistance with the Services account start-up if a corresponding timely request
is submitted to the Hosting – Namecheap Email Support department.
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Usage Limitations and Account Provisions
You acknowledge that Namecheap may introduce general practices and limits toward use of the Service,
including but not limited to the maximum number of days that email messages are retained by the Service, the
email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may
be sent from or received by an account, the maximum disk space that will be allotted to You on Namecheap
servers. You agree that Namecheap is not responsible or liable for the deletion or failure to store any
messages or other communications received or transmitted using the Services. You further acknowledge that
Namecheap retains the right to change these general including but not limited practices and limits at any
time in accordance with the ‘Modification Terms’ section of this Agreement below.
Each of Your email accounts is limited in its allocated resources (including but not limited to email and
file storage) in accordance with the subscription plan.
You acknowledge and understand that Your account is limited in outgoing emails to 500 emails per hour. We may
decrease this limit, at our sole discretion, should we suspect abuse and/or by queuing Your email messages
internally, or by temporarily rejecting requests to send email through our services. Namecheap may block any
message You attempt to submit using our services, for any reason whatsoever, with or without notifying You
of such blocking. Under no circumstances will Namecheap be liable to You or any other party for any
indirect, special, economic or consequential damages (including without limitation lost profits) arising out
of email blocking or queuing.
The following limits also apply to additional services: maximum number of calendar appointments 250,000;
maximum number of contacts in address book 250,000; maximum number of files in drive 250,000; maximum number
of personal information manager attachments (i.e. tasks, appointments, etc.) 250,000.
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Storage and Security
You are responsible for security of Your password. Namecheap will not change passwords to any account without
proof of identification, which is satisfactory to Namecheap, which may include written authorization with
signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You
understand that Namecheap will remain neutral and may put the account on hold until the situation has been
resolved. Under no circumstances will Namecheap be liable for any losses incurred by You during this time of
determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify
and hold harmless Namecheap from any and all claims arising from such ownership disputes. If you are
required to supply or transmit sensitive information to Namecheap you should take all due precautions to
provide any sensitive information over a secure communication channel.
At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You
are entirely responsible for maintaining the confidentiality of Your Account access credentials (including
but not limited to Your customer username/login, support pin code, password) and account information. You
acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges
incurred with Your account or password or in connection with the server or any of Your content transmitted
through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent
any loss or damage to Your content; (ii) ensure the security, confidentiality and integrity of Your email
content transmitted through or stored on Namecheap servers; and (iii) ensure the confidentiality of Your
password. Namecheap shall have no liability to You or any other person for Your use of Namecheap products
and/or services in violation of these terms.
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Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video,
messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to You or
by You through the Services, are the sole responsibility of the person from whom such Content originated.
This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make
available via the Services.
Namecheap shall exercise no control over the content transmitted via the Services and, as such, does not
guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the
Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances
will Namecheap be liable in any way for any content, including, but not limited to, any errors or omissions
in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded,
emailed, transmitted or otherwise made available via the Services. Namecheap has no obligation to monitor
the content transmitted via the Services.
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Backups
Namecheap servers of Service are backed up daily and are stored for 5 days. No guarantees are made of any
kind, either expressed or implied, as to the integrity of these backups. Backups are made for server
restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account
content and information. If loss of data occurs due to an error of Namecheap, We will attempt to recover the
data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your
action, Namecheap may attempt to recover the data from the most recent archive.
By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement
and follow generally accepted rules of "Netiquette". We may take preventative or corrective actions, at Our sole
discretion, in response to any of the activities described in this Namecheap Email Terms of Service agreement, along
with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient
method of communicating and conducting business.
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Prohibited Activities
By using any Services, provided by Namecheap You agree not to misuse the Services. For example, you must not
and must not attempt to:
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violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State
or local government.
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make, attempt or allow any unauthorized access to Namecheap web site, servers, Your own account or
the account of any other customers of Namecheap.
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cause denial of service attacks, port scans or other endangering and invasive procedures against
Namecheap servers and facilities or the servers and facilities of other network hosts or Internet
users.
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upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow,
High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of
appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks
Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
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engage in or to instigate actions that cause harm to Namecheap or other customers. Such actions
include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online
spam database, actions resulting in DDOS attacks for any servers, etc. Namecheap reserves the right
to refuse service to anyone upon Our discretion. Any material that in Namecheap judgment is either
obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately
with or without prior notice and may lead to possible warning, suspension or immediate account
termination with no refund. You agree that We have the sole right to decide what constitutes a
violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective
action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy
is found, Namecheap will take corrective action upon Our own discretion and will notify You. Our
decision in such case is binding and final, and cannot be a subject of a further change. Namecheap
cannot and shall not be liable for any loss or damage arising from Our measures against actions
causing harm to Namecheap or any other third party. We have the right to terminate each and any
account that has been locked for abuse reason for more than 14 calendar days after the lock date,
unless You have taken corrective measures to remove the initial lock threat or violation. Any backup
copies of the email account will be permanently deleted upon termination with no refund. Namecheap
will not be liable for any loss or damages in such cases.
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violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or
promote, encourage or engage in the sale or distribution of prescription medication without a valid
prescription.
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probe, scan, or test the vulnerability of any system or network;
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breach or otherwise circumvent any security or authentication measures;
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interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any
part of the Services;
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plant malware or otherwise use the Services to distribute malware;
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access or search the Services by any means other than our publicly supported interfaces (for example,
“scraping”);
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publish anything that is fraudulent, misleading, or infringes another's rights;
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promote or advertise products or services other than your own without appropriate authorization;
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impersonate or misrepresent your affiliation with any person or entity;
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publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry,
religious, racial or ethnic hatred;
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violate the law in any way, or to violate the privacy of others, or to defame others.
Normal operation and provision of the Services does not imply Namecheap interfering or monitoring of the
content associated with the Services, but You acknowledge that Namecheap has the right (but not the
obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content
that is available via the Services if it violates the Agreement or is deemed by Namecheap, in its sole
discretion, to be otherwise objectionable.
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Anti-Spam Policy
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and
commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to
recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as
unsolicited email messages. You using and sending mass mailings must at all times maintain complete and
accurate records of all consents and opt-ins and upon request provide said records to Namecheap. In the
event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the
mass mailing to be unsolicited. Namecheap prohibits the following activities listed without limitation
hereunder:
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Usage of the Namecheap network and systems to receive replies to unsolicited mass e-mail messages.
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Transmission of any unsolicited commercial or bulk email, engagement in any activity known or
considered to be spamming or Mail Bombing.
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Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
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Forgery of e-mail headers (i.e. "spoofing").
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Forgery of the signature or other identifying mark or code of any other person or engage in any
activity to attempt to deceive other persons regarding the true identity of the User.
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Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
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Configuring mail servers to accept and process third-party emails for sending with no user
identification and/or authentication.
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Engagement in spamvertising or provision of any services that support spam.
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Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net
posts, popups, instant messages or text/SMS messages for sending, posting or transmitting
unsolicited bulk messages.
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Advocating any activities prohibited by this Agreement.
If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending
of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a $500 charge upon
Your account, which shall serve to compensate Us for increased administration costs and expenses of
redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or
recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be
charged to Your account, in accordance with the payment information submitted by You as part of Your
acquisition of Our Services. You further agree that in the event We determine that You have deliberately or
recklessly engaged in SPAM activity We may share information regarding Your activities, including but not
limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM
issues extremely seriously and will take redress of such activity whenever We deem necessary.
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Payment Cycle
Your billing date will be determined based on the day You purchased the Services and the payment cycle plan.
If You selected the automatic renewal option when signing up, Namecheap will automatically renew Your
Services when they come up for renewal and will take payment in accordance with the designated payment
method at then current Namecheap rates.
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Renewal Terms
All fees for the Services shall be in accordance with Namecheap fee schedule then in effect, the terms of
which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees
after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue
balance shall lead to Your email account lock and, as a result, access to the Services will be limited.
Prior to the expiration date of the Services, You will have the option to renew Your subscription using
Namecheap’s automated processing system. Namecheap will notify You several times that the Services are
about to expire. These emails include the renewal instructions and are sent to the email address stored in
Your account contact details. Namecheap shall not be held responsible or liable in the event You fail to
take the necessary steps to renew the Service, if the provided email address is erroneous or out of date,
and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for
renewing Your Services. If the automatic renewal feature is enabled for Your subscription, Namecheap will
try to renew Your Services 30 days prior to the renewal date and will take payment in accordance with the
designated payment method at then current Namecheap rates.
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Failed Renewal Fees and Service Restoration
If the outstanding balance is not paid by You within 30 days after the billing date of Your Service Namecheap
reserves the right to terminate Your Service with automatic deletion of Your account content. In order to
reactivate the Service the outstanding balance is to be remitted in full.
Namecheap shall guarantee that the reinstated account data will be uncorrupted or reflect the latest changes
as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.
For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous Services
and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall
be paid by You.
If You improperly charge back for the Services rendered, We may disable the ability to transfer any other
Your Namecheap services away from Namecheap.
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Termination Policy
The initial term of Your Agreement with Namecheap shall be as set forth in Your Order Form. The Initial Term
shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the
automatic renewal option when signing up, Your agreement with Namecheap shall automatically renew for
successive terms of equal length as the Initial Term, unless terminated or canceled by either party.
This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support
system at least three (3) working days before the Service is due to renew; or (ii) by Namecheap at any time,
without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or
conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place
unreasonable demands upon Namecheap or could disrupt Namecheap business operations; or (iv) by Namecheap if
it so determines that You are or are alleged to be violating the terms and conditions of any other agreement
entered into by You and Namecheap.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no
prepaid fees will be refunded to You; and (b) that Namecheap may take control of any domain name associated
with the terminated Services, provided such domain name was registered through Namecheap domain name
registration.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of
termination, including any reasonable costs Namecheap incurs in closing Your account. You agree to pay any
and all costs incurred by Namecheap in enforcing Your compliance with this Section. Upon termination, You
shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon
termination or discontinuance for any reason, Namecheap may delete all information related to You on the
Services.
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Refund Policy
The refund provisions are not applicable to purchases of the Services due to the free trial periods. Free
trial subscriptions are granted for the period specified in Your subscription plan specification.
Namecheap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
the Services with or without notice. You agree to be bound by any changes Namecheap may reasonably make to this
Agreement when such changes are made. If You have purchased Services from Namecheap, the terms and conditions of
this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By
continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and
be bound by any such revisions or changes. You agree that Namecheap shall not be liable to You or to any third party
for any modification, suspension or discontinuance of the Services.