Terms of Service

Legal Mumbo Jumbo

We'd like to make this document a little friendlier and easier to read. Hopefully we'll get back to that soon because the current version of this document is not nearly as friendly sounding as we are. But, until then, here you go...

Service Fees

We've tried to make our pricing as competitive as possible. By subscribing to our service you agree to pay the service fees as described on our pricing schedule that is published on our website. Subscription based fees are paid in advance of services rendered and are due on the first day of your subscription term. If a free trial is offered, then subscription fees are not due until the end of the free trial.

You also agree to pay any additional fees that are assessed in accordance with the our pricing schedule, which may be incurred through the use of the service. For example, there may be additional fees assessed if your domain uses the "catch-all" feature and receives more than the specified limit of emails that can be filtered at the base price. These additional fees will become due at the time they are assessed. Auditing systems will review usage patterns on your account on a daily basis and will send an email notification if it is projected that additional fees will be assessed to your account in the current month. In addition, a "dashboard" feature has been provided that can assist you in determining if additional fees will be assessed. However, in the event that you do not receive or view a notice, or you do not use the dashboard to monitor your account usage, you will still be responsible to pay the applicable fees incurred.

Automatic Deduction of Fees

To subscribe to our service you are required to provide a valid credit card number or checking account number and agree to have the fees automatically deducted from this credit card or checking account on the day they are due. You may update your payment method at any time by logging in to your account.

Delinquent Accounts

In the event that we are unable to deduct the applicable fees from your selected payment method, we will attempt to notify you by email. It is your responsibility to ensure that your account contact information is current and that your email account is functioning properly so that you may receive such notices.

Once your account is 10 days delinquent, a 10% late fee or $5 (which ever is more) will be assessed. An account that is 30 days or more delinquent is subject to suspension and/or cancellation.

Acceptable Use

All services provided by iSparks, inc. DBA SpamHero ("SpamHero") may be used for lawful purposes only. The subscriber agrees to indemnify and hold harmless SpamHero from any claims resulting from the use of service which damages the subscriber or any other party.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. In most cases, we will only cancel or suspend service for accounts that are more than 30 days delinquent in paying service fees, but will also do so if it is determined that refusal of service will protect our service and its customers from harm.

You agree to not hold SpamHero liable for any loss of service that is suffered from any such actions in this clause.

Cancellations, Credits & Refunds

Subscription cancellations must be authorized by logging into your account and cancelling through the control panel.

Services are billed on a monthly basis. If you cancel subscriptions that have been pre-paid for more than one month, a credit will be issued for any unused full months of service. Credits do not expire and will be automatically applied to future invoices on your account. No partial month credits will be offered.

Payments made within the last 30 days are eligible for a pro-rated refund upon request.

Limitation of Liability

SpamHero shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from use of SpamHero's service for any reason. This would include, but is not limited to, loss of email, service outages and unauthorized data breaches.

Disclaimer

SpamHero cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if they had not suffered a loss of email or service due to the failure of SpamHero services. Certain services provided by SpamHero may rely on third party products and services. Thus, certain equipment, routing, software and programming used by SpamHero are not directly owned or written by SpamHero. Moreover, SpamHero holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SpamHero sees fit.

Account Activation

By activating your account with SpamHero, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Service Uptime Guarantee

SpamHero guarantees 99% service availability, and have taken measures that make 100% service availability very likely. Should we fail to deliver 99% service availability for any given calendar month, your account will be refunded a pro-rated amount for the duration that exceeds 99% downtime, upon client request.

Changes to our Terms of Service

SpamHero reserves the right to amend any or all of the above policies, guidelines, disclaimers, and also pricing and service offerings published elsewhere on this website at its sole discretion. Customers have 30 days to accept changes to the Terms of Service or cancel their service. Continued use of the service beyond 30 days shall be construed as acceptance of changes made to this document. Customers that wish to receive an email notification when changes are made should send a request to SpamHero by email and should await confirmation from SpamHero that this request should be processed. If customer should fail to receive confirmation within one business day that confirms their subscription to the notifications list, customer should re-send their request. Failure to receive an email notification regarding changes to this document, whether subscribed to the confirmation list or not, shall not exempt customers from their obligations as described in this document.

Privacy

Please refer to the privacy policy published on our website.

Revision date: July 10, 2012