Terms of Service
These Terms of Service (“Terms”) govern your access to and use of business email hosting and related services (the “Service”) provided by Mailcroc (“Mailcroc”, “we”, “us”). By ordering, accessing or using the Service you agree to these Terms and to our Acceptable Use Policy. If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company.
1. The Service
Mailcroc provides hosted email mailboxes on customer-controlled domains, including webmail, IMAP/POP/SMTP access, and, on Enhanced plans, ActiveSync and CalDAV/CardDAV synchronization. Mailbox storage, plan features and prices are as published on our Plans page or agreed in writing. We may improve or update the Service provided this does not materially reduce its functionality.
2. Accounts & eligibility
You must provide accurate registration information and keep domain registrations current. You are responsible for activity under your accounts, for safeguarding passwords, and for the content your mailboxes transmit or store. You must own or be authorized to use any domain you connect to the Service.
3. Acceptable use
Your use of the Service must comply with the Acceptable Use Policy, which prohibits, among other things, sending unsolicited bulk email. Violations may result in suspension or termination under Section 10.
4. Trials, billing & renewal
New accounts may evaluate the Service free for 30 days. After the trial, the Service is billed monthly in advance based on the mailboxes and storage provisioned; charges accrue from the date each mailbox is created. Fees are non-refundable except where required by law or expressly stated. We may change prices with at least 30 days’ notice, and the change applies from your next billing cycle. Overdue accounts may be suspended and, after continued non-payment, terminated.
5. Uptime & service levels
We target 99.9% monthly availability of core mail services (SMTP/IMAP/webmail). Scheduled maintenance is announced in advance where practicable. If availability falls below the target in a calendar month, you may request a credit of a portion of that month’s fee; details of the credit schedule are available on request. This credit is your sole remedy for downtime.
6. Customer data, backups & portability
You retain ownership of your email, contacts and calendars. Automated backups are retained for 30 days on Basic plans and 365 days on Enhanced plans; backups protect against platform failure and are not an archival service. If you leave the Service, you may export your data during a 30-day post-termination window, after which remaining data is deleted.
7. Migrations
We offer migration assistance at no charge on a best-effort basis. You acknowledge that migration outcomes can depend on the source provider; we will agree scope and timing with you before starting.
8. Privacy & data location
Customer data is hosted in Canada. We do not sell or share customer data for advertising. Each party complies with applicable privacy laws, including PIPEDA and, where applicable, GDPR.
9. Resellers
Reseller accounts purchase mailboxes at reseller rates and resell them under their own brand. Resellers are responsible for their end customers’ compliance with these Terms and the AUP, for first-line support to their customers, and for their own customer agreements and billing. Where a reseller account is terminated for cause, we may deal directly with affected end customers to preserve continuity of their email service.
10. Suspension & termination
You may cancel at any time with notice; cancellation takes effect at the end of the current billing period. We may suspend or terminate accounts that breach these Terms or the AUP, that are used unlawfully, or that create risk or legal exposure for us or other customers. Where practicable we will give notice and a reasonable opportunity to remediate, except where immediate action is required.
11. Warranties & disclaimers
Except as expressly stated, the Service is provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party’s total aggregate liability under these Terms is limited to the amounts paid by you in the twelve months preceding the claim. Nothing limits liability that cannot be limited by law.
13. Indemnity
You agree to indemnify us against claims and damages arising from your use of the Service in breach of these Terms or the AUP, from content transmitted or stored through your mailboxes, and from your infringement of third-party rights.
14. Changes to these Terms
We may update these Terms and will post the current version on this page with a revised “last updated” date. Material changes will be announced to account contacts in advance.
15. General
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. If any provision is unenforceable, the remainder stays in effect. These Terms, together with the AUP and your order, are the entire agreement between the parties regarding the Service.