These Terms and Conditions (“Terms”) govern the provision and use of Email Hosting Services (“Email Services”) provided by Crafthost SRL of Umberto Giordano Square, 220122 Milan MI, Italy (“Crafthost”, “we”, “us”, “our”) in addition to our Terms of Service (“TOS”). By purchasing or using our Email Services, you agree to these Terms, which are supplemental to and incorporated by reference into the TOS and our Acceptable Use Policy (“AUP”). In the event of a conflict between these Terms and our TOS, these Terms shall govern our Email Services. We may change these Terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Email Services.
Terms of Email Use
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1. EMAIL HOSTING SERVICE OVERVIEW
- 1.1. The Email Services provide customers with professional-grade email solutions, including but not limited to custom domain-based email addresses, email storage, spam filtering, and webmail access.
- 1.2. Customers are responsible for managing their email accounts, including setting strong passwords and monitoring for unauthorized access.
- 1.3. Customers must ensure that their use of the Email Services complies with applicable laws, the TOS, and the AUP.
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2. EMAIL STORAGE AND LIMITS
Each email account is allocated a specific amount of storage as defined in the customer’s hosting plan. Exceeding the storage limit may result in the inability to send or receive emails until additional storage is purchased or usage is reduced.
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3. DATA RETENTION
- 3.1. Deleted emails and accounts may not be recoverable. Customers are encouraged to back up important data regularly.
- 3.2. We are not responsible for data loss resulting from customer actions, such as accidental deletion, or technical issues beyond our control.
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4. SPAM AND EMAIL ABUSE
- 4.1. We employ spam filtering technologies to minimize unsolicited and harmful emails. However, we do not guarantee that all spam or malicious emails will be blocked or that legitimate emails will not be flagged.
- 4.2. Customers are prohibited from using the Email Services to send unsolicited bulk emails (spam), phishing emails, or emails containing malicious content.
- 4.3. Any violation of the AUP related to email abuse may result in immediate suspension or termination of the Email Services.
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5. SECURITY MEASURES
- 5.1. We provide encryption for email transmissions and support authentication protocols such as SPF, DKIM, and DMARC to enhance email security. Customers are encouraged to configure these protocols for their domains.
- 5.2. Customers are responsible for securing their email account credentials and promptly updating them if a breach is suspected.
- 5.3. We are not liable for unauthorized access resulting from weak or compromised passwords.
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6. DOWNTIME
While we strive to ensure high availability of Email Services, occasional downtime may occur due to maintenance, updates, or factors beyond We’s control. We will notify customers of scheduled maintenance in advance whenever possible.
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7. SUSPENSION AND TERMINATION
Subject to our TOS and Acceptable Use Policy, we may suspend our Email Services immediately and without notice for violations of these Terms or our TOS, including but not limited to: i) non-payment of fees; ii) violations of fair usage or our other policies; or iii) security breaches or malicious activity.
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8. LIMITATION OF LIABILITY
- 8.1. We are not liable for the completeness, accuracy, or correctness of any information and any related content in our Services and on our website. You expressly agree that your use of the Services and our website, including reliance on any content and information, is at your sole risk.
- 8.2. You agree not to use the Services, our website, and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website, or any other website or software) for:
- 8.2.1. loss of profits, sales, business, or revenue;
- 8.2.2. business interruption;
- 8.2.3. loss of anticipated savings;
- 8.2.4. loss or corruption of data or information;
- 8.2.5. loss of business opportunity, goodwill or reputation; or
- 8.2.6. any other indirect or consequential loss or damage.
- 8.3. Nothing in these Terms shall limit or exclude our liability for:
- 8.3.1. death or personal injury resulting from our negligence;
- 8.3.2. fraud; and/or
- 8.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
- 8.4. Our Services are not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content. You acknowledge that it is your responsibility to keep back-up copies of your data. We are not responsible for any loss of data, for any reason. We are not liable for unauthorised access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information, or content transmitted, received, or stored on our network.
- 8.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
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9. INDEMNITY
You agree to indemnify and hold us, and our respective directors, officers, employees, agents, and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
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10. FORCE MAJEURE
- 10.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay.
- 10.2. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
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11. OTHER IMPORTANT TERMS
- 11.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
- 11.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 11.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
- 11.4. These Terms and any document expressly referred to in it constitute the entire agreement between us regarding their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
- 11.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 12. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 13. These Terms, their subject matter, their formation, and any other disputes or claims in connection therewith are governed by the laws of Italy. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Milan.
