Terms and Conditions


Thanks for choosing queensmtp! Please carefully read these terms of use as they form a part of the legal agreement between you and queensmtp. If you have any questions about these terms of use, please contact us at support@queensmtp.com.

BY ACCEPTING THESE TERMS OF USE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER THAT REFERENCES THESE TERMS OF USE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU“, “YOUR” OR “CUSTOMER” WILL REFER TO SUCH ENTITY AND ITS AFFILIATES AS APPLICABLE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

These terms of use including the URL links referenced herein (“Terms of Use”), together with the applicable Order(s) form the full legal agreement (the “Agreement”) between Customer and Message Systems(queensmtp), a Delaware corporation ("queensmtp") regarding the Service and is made as of the date the Customer first completes an Order and accepts these Terms of Use (“Effective Date”). If you are a User of the Service on behalf of Customer, and queensmtp and Customer have entered into a separate written agreement regarding the Service which is signed by Customer and queensmtp, then the terms of that agreement (and not these Terms of Use) define the terms and conditions under which Customer and User is permitted to use the Service.

DEFINITIONS

___“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

___“Applicable Law” means international, federal, state or local treaties, laws, rules, regulations, ordinances and orders applicable to the provision or use of the Service.

___“Customer” means the person, company, or other legal entity on behalf of which the Order and these Terms of Use are accepted and to whom the Service will be provided to.

___“Customer Applications” mean the applications, web domains, devices, software applications, and communication channels owned or controlled by Customer and used in connection with the Service.

___“Customer Data” means all data and content submitted by Customer and processed or stored by the Service.

___“Email” is an electronic message sent by Customer through the Service.

___“Order” means an ordering document (online or otherwise) entered into between Customer and queensmtp specifying the Service to be provided, including any addenda, exhibits, schedules, and additional terms relevant to a specific Service referenced therein.

___“Recipient” means a person receiving an Email.

SERVICE

___Ordering. Customer may complete an Order either through the automated signup process found on the Website or by executing a manual order form signed by queensmtp. The specifics of Customer’s order will be set forth on one or more Orders that reference these Terms of Use. Customer’s execution of an Order and queensmtp's acceptance of such Order constitute a binding commitment to purchase the products and services described on such Order under the terms and conditions of these Terms of Use.

___Subscriptions. The Service is purchased as a subscription to access and use the Service, in accordance with the applicable Order, only during the Term.

___Account. After Customer has completed its first Order under these Terms of Use, queensmtp will grant Customer a unique account to access the Service (an “Account”). Except in connection with an Affiliate Agreement or otherwise expressly specified in an Order, Customer and its Affiliates may only have one (1) Account per available geographic hosting region regardless of the number of Orders completed. However, Customer’s Account will support multiple subaccounts and multiple Users. Users authorized by Customer will each be provided a separate User ID. A User ID may not be shared with any other individual. Customer is responsible for the confidentiality and use of all User IDs. Customer acknowledges that any transaction completed through Customer’s Account or under any User ID is deemed authorized by Customer. Customer remains solely responsible for all costs, fees, liabilities, and damages arising out of access to the Account through its User ID(s).

___Term of Agreement. This Agreement commences on the Effective Date and continues until all Orders entered into under these Terms of Use have expired or have been terminated.

CONFIDENTIALITY

___Confidential Information. “Confidential Information” means all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including, for example, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by the Disclosing Party. Customer’s Confidential Information includes Customer Data. queensmtp's Confidential Information includes the Service and all non-public information relating to the Service and Website. However, Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party without obligation of confidentiality prior to its disclosure by the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without breach of this Agreement or any obligations owed to the Disclosing Party.

___Protection. The Receiving Party will use the same degree of care to protect the Confidential Information of the Disclosing Party as it uses to protect its own Confidential Information of like kind (but not less than reasonable care). The Receiving Party may not use any Confidential Information of the Disclosing Party for any purpose except as expressly permitted in this Agreement. The Receiving Party may disclose Disclosing Party’s Confidential Information to its Affiliates, respective officers, directors, principals, employees, attorneys, and accountants (“Representatives”) only to the limited extent necessary to carry out the purpose of this Agreement. Each party may disclose the existence and terms of this Agreement, in confidence, to a potential purchaser or successor to any portion of such party’s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business division, or group of such party. To the extent the Receiving Party discloses any Confidential Information of the Disclosing Party to any persons other than its Representatives, as condition precedent to disclosure, such recipient must execute a confidentiality agreement no less protective of such Confidential Information before disclosure is made.