Terms and Conditions

The 5yMail Terms and Conditions

Welcome to The 5yMail.Com. These Terms of Service ("Terms") govern your access to and use of the 5yMail website, email services, anonymous email services, aliases, forwarding services, SMTP services, APIs, applications, software, infrastructure, and related products and services (collectively, the "Service") provided by The 5yMail.Com ("5yMail," "we," "us," or "our").

By accessing, registering for, purchasing, or using the Service, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Certain features or products may be subject to additional terms, service-specific policies, technical requirements, or an Acceptable Use Policy. Those additional terms are incorporated into these Terms by reference.

1. Description of the Service

5yMail provides privacy-oriented electronic communication services, including anonymous or pseudonymous email addresses, email sending and receiving, aliases, forwarding, SMTP services, APIs, and related communication functionality.

The Service is designed to allow users to communicate without necessarily revealing their personal email address or other identifying information to message recipients.

Important meaning of "anonymous"

References to "anonymous," "anonymous email," "private," or similar terms describe the information that may be visible to recipients or other users.

They do not mean that 5yMail has no technical, security, account, payment, or other information concerning a user.

We may collect and retain limited information necessary to operate, secure, maintain, improve, troubleshoot, prevent abuse, process payments, comply with legal obligations, and protect the Service and its users, as described in our Privacy Policy.

We do not guarantee that any user is completely or permanently unidentifiable.

2. Eligibility

You may use the Service only if you are legally permitted to enter into a binding agreement under applicable law.

You may not use the Service if your use is prohibited by applicable law or regulation.

If you use the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. Accounts

Certain features require registration for an account.

You agree to provide accurate information where information is requested and to keep account information reasonably current.

You are responsible for maintaining the confidentiality of your passwords, authentication credentials, API keys, SMTP credentials, recovery information, and other account credentials.

You must promptly notify us if you believe that your account or credentials have been compromised.

You may not:

• access another user's account without authorization;
• share or transfer an account where prohibited by the applicable service;
• create accounts for fraudulent purposes;
• create accounts to evade a suspension or termination;
• use another person's identity or credentials without authorization; or
• use automated methods to create accounts in violation of our limits or policies.

We may suspend or require re-verification of accounts that we reasonably believe are compromised, fraudulent, abusive, or being used in violation of these Terms.

4. Personal and Commercial Use

Some 5yMail features may be intended for personal use, while other products or plans may permit commercial, professional, SMTP, API, or other business use.

The applicable product description, order, subscription, service agreement, or additional terms determine whether commercial use is permitted.

Nothing in these Terms authorizes spam, unsolicited bulk email, phishing, fraud, deceptive communications, or any other prohibited activity.

Where a separate commercial or enterprise agreement exists, that agreement controls to the extent of any conflict with these Terms.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You may not use, attempt to use, or assist another person in using the Service to:

6. Email Headers and Sender Information

You may not falsify, forge, manipulate, or deceptively alter email headers, routing information, sender information, domain information, or other technical information associated with a message.

You may not use the Service to create deceptive From, Reply-To, Message-ID, routing, domain, or authentication information for fraudulent or unlawful purposes.

Where applicable, commercial email must comply with applicable laws concerning truthful header information, subject lines, identification, physical address requirements, and opt-out mechanisms.

Users are responsible for the legality of messages they initiate through the Service.

The use of an anonymous or pseudonymous address does not authorize deceptive or fraudulent sender information.

7. Commercial Email and CAN-SPAM

If you use the Service to send commercial email, you are responsible for complying with applicable laws and regulations, including the U.S. CAN-SPAM Act where applicable.

Among other requirements, applicable commercial email laws may impose requirements concerning:

• accurate header information;
• non-deceptive subject lines;
• identification of commercial messages;
• valid physical postal addresses;
• functioning opt-out mechanisms;
• honoring opt-out requests; and
• monitoring third parties acting on your behalf.

The FTC states that CAN-SPAM applies to commercial messages and that businesses cannot simply contract away responsibility for email marketing activities performed on their behalf.

5yMail may impose additional requirements or restrictions on commercial and bulk email.

8. SMTP and API Services

Where SMTP or API functionality is provided, users must comply with all applicable Service limits and technical requirements.

You may not use 5yMail SMTP or API services to:

• operate an open relay;
• send phishing campaigns;
• send malware;
• distribute spam;
• evade provider reputation systems;
• circumvent recipient blocking;
• rotate accounts, credentials, domains, or IP addresses to evade enforcement;
• conceal prohibited activity from 5yMail;
• abuse third-party infrastructure; or
• otherwise violate these Terms or applicable law.

We may impose limits on messages per minute, per hour, and per day; recipients per message; concurrent connections; attachment size; API requests; SMTP connections; domains; IP addresses; and other technical resources.

These limits may change as necessary to protect the Service and its reputation.

9. Domains and Authentication

Where the Service permits users to configure their own domains, the user represents that they have sufficient authorization to use and configure the domain.

You may not authenticate, configure, or use a domain that you do not control or have authorization to administer.

Users must not submit false ownership information or use domain authentication mechanisms to impersonate another organization.

5yMail may require domain verification before enabling certain features.

10. Abuse Prevention and Security

To protect users, recipients, infrastructure, and the reputation of the Service, 5yMail may use automated and manual systems to detect and prevent abuse.

These systems may consider factors including message volume, sending velocity, bounce rates, complaint rates, account age, authentication events, suspicious activity, malware indicators, phishing indicators, unusual recipient patterns, compromised credentials, domain reputation, IP reputation, repeated policy violations, and other security or abuse signals.

We may delay, reject, quarantine, limit, or block messages or accounts where reasonably necessary to protect the Service or comply with our policies or applicable law.

We do not guarantee that our systems will detect every prohibited message or prevent every instance of abuse.

11. Abuse Reports

Reports of spam, phishing, fraud, malware, impersonation, harassment, security abuse, or other prohibited activity may be submitted through the abuse-reporting mechanisms provided by 5yMail.

We may investigate reports and take actions we reasonably consider appropriate, including blocking messages, disabling aliases, restricting sending, requiring additional verification, suspending accounts, terminating accounts, blocking domains or infrastructure, preserving relevant security information, and cooperating with valid legal or regulatory requests.

We are not required to disclose the results of every abuse investigation.

12. Monitoring and Content

We do not undertake a general obligation to monitor all communications transmitted through the Service.

However, we may use automated security systems, abuse detection systems, malware scanning, reputation systems, and human review where appropriate to protect the Service, investigate abuse, detect security threats, prevent spam and phishing, detect malware, enforce these Terms, comply with applicable law, or protect users and third parties.

We may remove, reject, quarantine, block, or restrict content or communications that we reasonably believe violate these Terms, applicable law, or our security and abuse policies.

13. Privacy and Data Processing

Our collection, use, disclosure, security, and retention of personal information are described in the 5yMail Privacy Policy.

Depending on the Service and circumstances, information may include account information, email addresses, payment information or payment-provider identifiers, IP addresses, timestamps, authentication and security events, service usage information, message metadata, SMTP delivery information, abuse reports, technical information, information necessary to investigate security incidents, and information required to comply with legal obligations.

We seek to collect and retain information appropriate to the operation and security of the Service.

We do not guarantee that technical information is never retained or that information can never be disclosed.

Where legally required or permitted, information may be preserved or disclosed as described in our Privacy Policy and these Terms.

14. Message Storage and Deletion

The Service may impose limits on message storage duration, mailbox size, attachment size, number of messages, account storage, sending volume, and receiving volume.

We do not guarantee that any particular message, attachment, mailbox, alias, or account will remain available for a particular period unless expressly stated in a separate service agreement.

Messages or other content may be deleted automatically according to applicable retention policies.

We may preserve limited information when reasonably necessary for security, abuse investigation, legal compliance, dispute resolution, or protection of the Service.

15. Legal Requests and Disclosure

We may preserve, access, use, or disclose information when we reasonably believe it is necessary or appropriate to:

• comply with applicable law;
• comply with valid legal process;
• respond to a subpoena, court order, warrant, or other legally binding request;
• protect the rights, property, safety, or security of 5yMail, its users, or others;
• investigate fraud, abuse, security incidents, or violations of these Terms;
• enforce these Terms; or
• prevent imminent harm or unlawful activity.

Where legally permitted, we may notify a user concerning a legal request.

We do not guarantee that we will provide advance notice of a disclosure or preservation request.

16. Account Suspension and Termination

We may suspend, restrict, disable, or terminate your access to some or all of the Service if we reasonably believe that:

• you violated these Terms;
• you violated an applicable Acceptable Use Policy;
• your account is compromised;
• your account presents a security risk;
• your account is being used for spam, phishing, fraud, malware, or other abuse;
• your activity threatens the reputation or operation of the Service;
• your payment is fraudulent or unauthorized;
• suspension is required by law or valid legal process; or
• suspension is reasonably necessary to protect 5yMail, its users, recipients, or third parties.

Where appropriate, we may suspend activity immediately without prior notice.

Termination does not eliminate obligations that by their nature should survive termination.

17. Circumvention of Enforcement

You may not create or use another account, identity, domain, credential, IP address, payment method, or other mechanism for the purpose of circumventing an account suspension, a sending restriction, a domain restriction, an IP restriction, a security control, an abuse decision, or another enforcement action.

Attempting to evade enforcement may result in immediate termination of related accounts.

18. Payments, Subscriptions, and Refunds

Paid features are subject to the price, billing period, renewal terms, and payment conditions presented at the time of purchase.

We may use third-party payment processors.

We do not generally receive or store complete payment-card information when payment is processed through a third-party payment provider.

Subscriptions may automatically expire or renew according to the applicable plan and checkout terms.

Refund eligibility is governed by the applicable purchase terms and applicable law.

Nothing in these Terms is intended to waive any consumer right or remedy that cannot lawfully be waived.

We may suspend paid services where payment is reversed, fraudulent, unauthorized, or otherwise invalid.

19. Third-Party Services

The Service may integrate with or link to third-party services, including payment providers, infrastructure providers, email networks, cloud providers, security services, domain registrars, and other service providers.

Third-party services are governed by their own terms and policies.

We are not responsible for third-party services that we do not control.

A link to or integration with a third-party service does not constitute an endorsement of that service.

20. Intellectual Property

The Service, including its software, website, interface, branding, trademarks, logos, documentation, design, and other materials provided by 5yMail, is owned by or licensed to 5yMail and is protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms or a separate written agreement, you may not copy, reproduce, modify, distribute, sell, lease, sublicense, reverse engineer where prohibited by law, create derivative works from, or commercially exploit the Service or its proprietary materials.

You retain ownership of content you lawfully submit to the Service, subject to the rights necessary for 5yMail to operate the Service.

21. User Content

You remain responsible for content you create, submit, transmit, receive, or store through the Service.

You represent that you have the rights and permissions necessary to submit such content and that your content does not violate these Terms or applicable law.

You grant 5yMail only the rights reasonably necessary to process, transmit, store, scan, secure, and provide the Service according to your instructions and applicable policies.

We do not claim ownership of your message content merely because you use the Service.

22. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5YMAIL DISCLAIMS WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED; ERROR-FREE; COMPLETELY SECURE; AVAILABLE AT ALL TIMES; FREE FROM MALWARE OR OTHER HARMFUL COMPONENTS; OR SUITABLE FOR A PARTICULAR PURPOSE.

WE DO NOT GUARANTEE DELIVERY OF ANY PARTICULAR EMAIL MESSAGE.

EMAIL DELIVERY DEPENDS ON THIRD-PARTY NETWORKS, INTERNET SERVICE PROVIDERS, RECIPIENT MAIL SYSTEMS, DOMAIN REPUTATION, SPAM FILTERS, DNS, BLACKLISTS, TECHNICAL CONDITIONS, AND OTHER FACTORS OUTSIDE OUR CONTROL.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 5YMAIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 5YMAIL'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO 5YMAIL FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

24. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 5yMail and its affiliates, officers, directors, employees, contractors, agents, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from or related to:

• your violation of these Terms;
• your unlawful use of the Service;
• your content;
• your violation of another person's rights;
• your violation of applicable law; or
• your fraud, abuse, or intentional misconduct.

This section does not require you to indemnify 5yMail for liability caused by 5yMail's own conduct to the extent prohibited by applicable law.

25. No Waiver

Our failure to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

Any waiver must be made in accordance with applicable law and, where appropriate, in writing.

26. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

27. Governing Law and Disputes

These Terms and any dispute arising from or relating to the Service will be governed by applicable law, without regard to conflict-of-law principles, except where applicable law requires otherwise.

The parties will attempt to resolve any dispute informally before pursuing formal proceedings. Any dispute that cannot be resolved informally will be subject to the courts of competent jurisdiction in the place where 5yMail operates, except where applicable law provides otherwise.

Nothing in this section limits any right or remedy that cannot lawfully be limited under the law applicable to you.

28. Changes to the Service

We may modify, suspend, discontinue, or replace features of the Service from time to time.

We may also impose or change technical limits, including sending, receiving, storage, API, SMTP, attachment, and account limits.

Where required by law or applicable agreement, we will provide notice of material changes.

We are not responsible for losses arising solely from changes to optional or discontinued features to the extent permitted by applicable law.

29. Changes to These Terms

We may update these Terms from time to time.

When we make material changes, we may provide notice through the Service, by email, or by another reasonable method.

Your continued use of the Service after the revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law.

If you do not agree with revised Terms, you must stop using the Service.

30. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, applicable product-specific terms, and any written agreement between you and 5yMail, constitute the agreement between you and 5yMail concerning the Service.

If there is a conflict between these Terms and a separately negotiated written agreement, the separately negotiated agreement controls to the extent of the conflict.

31. Contact

Questions concerning these Terms, general support, abuse reports, legal requests, and privacy inquiries may be directed to:

The 5yMail.Com
Email: info@chalosoft.com

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