Terms of Service

1.0

netsends provides cloud-based email hosting services including but not limited to: custom domain email, SMTP/IMAP/POP3, Webmail, anti-spam filtering, and calendar and contact synchronization. All services are provided on an "as is" and "as available" basis. We use reasonable efforts to maintain service stability but do not guarantee uninterrupted or error-free service. We reserve the right to adjust service features, configurations, or pricing without prior notice. Changes will be communicated via the website or email.

1.1

You may use our services only if you can legally form a binding contract and are not prohibited by applicable law. You must provide current and accurate registration details, keep account information secure and accurate, and remain responsible for all account activity and content. You must promptly notify netsends of unauthorized access or security incidents. netsends is not liable for losses caused by inaccurate account details or poor account security.

1.2

netsends may suspend or terminate access at any time, with or without notice. Access rights end immediately, and stored data may become unavailable, so you must keep your own backups. If we terminate your entire service without cause, we provide a pro-rata refund for unused time immediately before termination. This is an explicit exception to Section 5.1.

1.3

By accessing or using our email services, you agree to comply with and be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use the services.

2.1

Any violation of our Acceptable Use Policy (AUP) is prohibited and may result in immediate suspension or termination without compensation.

2.2

Intentional or malicious AUP violations will result in immediate termination and a ban from any further service.

3.1.1

Clients must provide their legitimate first and last name and residential address when registering an account.

3.1.2

P.O. Boxes and non-residential or mail-forwarding addresses are not accepted.

3.1.3

A valid phone number is not required for registration.

3.1.4

Registration and order placement must take place from the client's residential ISP.

3.1.5

Account details must match information provided by the payment method.

3.1.6

All modifications to account details require a ticket to our billing department.

3.2.1

Clients may not open multiple personal accounts under any circumstance.

3.2.2

Clients may not give other persons access to their accounts.

3.2.3

Clients may not change the name on their account to another individual.

4.1.1

Invoices for recurring services are issued ten (10) days before the due date.

4.1.2

Unpaid services are suspended four (4) days past the due date.

4.1.3

Unpaid services are terminated ten (10) days past the due date.

4.2.1

Account credit is permanently removed when an account enters Closed Status and cannot be transferred between clients.

4.2.2

Existing account credit is automatically applied to future invoices until exhausted.

4.2.3

Add Funds invoices can be requested via ticket in amounts from $15.00 to $300.00. After payment, the full amount is added to account credit.

4.2.4

Account credit cannot be withdrawn or cashed out in the form of refund or other payment.

5.1

Except where an explicit refund exception is stated in these Terms (for example, Section 1.2 and Section 6.1.4), transactions made through any payment channel are non-refundable.

5.2

Any chargeback or payment dispute results in immediate suspension of all account services until the dispute is cleared, and the account cannot place new orders. Billing may also terminate all services without compensation.

6.1.1

Orders are typically provisioned within 24 hours once the client's contact information and payment comply with these Terms.

6.1.2

Orders placed outside business hours are also typically provisioned within 24 hours once the client's contact information and payment comply with these Terms.

6.1.3

If contact information or payment does not comply with these Terms, the order is placed on hold and a billing ticket is opened with correction steps.

6.1.4

Orders on hold without client response are typically canceled within 24 hours and may be refunded only where explicitly provided in these Terms.

6.1.5

Orders that remain unpaid are typically removed within 24 hours.

6.2.1

Service changes are not allowed on or after the due date. All outstanding invoices must be paid before any modification.

6.2.2

If a modification lowers service value, the remaining billing-cycle difference is deposited into the client's account credit balance.

6.2.3

If a modification raises service value, the difference from modification date to billing-cycle end is invoiced and applied after payment.

6.3.1

Service transfer to another account is not supported.

6.4.1

Immediate cancellation requests are typically processed within 24 hours.

6.4.2

End-of-cycle cancellation requests are typically processed within 24 hours after the service's next due date.

6.4.3

After cancellation is processed, all related data and backups are destroyed, and associated resources are returned to the available pool. This process is irreversible.

6.4.4

When a service is canceled before its due date, the remaining billing-cycle value is deposited into account credit.

6.5.1

During suspension, email sending/receiving, webmail or API access, and account management may be restricted or disabled. Mailbox data is retained but inaccessible until the suspension cause is resolved and service is reactivated.

6.6.1

Upon termination, mailbox data, message content, account settings, and related backups may be permanently deleted, and resources may be reclaimed. This process is irreversible and service cannot be restored.

7.1.1

Support inquiries are typically addressed within 24 hours.

7.1.2

Billing inquiries are typically addressed within 24 hours.

8.1

We offer a full refund within 7 days of purchase for all hosting plans.

8.2

Refunds are processed as partial refunds. Original transaction fees are non-refundable and will be deducted from the refund amount.

8.3

The following situations are not eligible for refund: (a) refund requests made more than 7 days after purchase; (b) suspension or termination due to violation of these Terms or the Acceptable Use Policy; (c) unreasonable API usage beyond normal limits; (d) issues caused by customer misconfiguration or improper use.

8.4

Initiating a payment dispute or chargeback will result in immediate service suspension and may lead to a permanent ban from using our services.

9.1

We take your privacy seriously. How we collect, use, and protect your personal information is described in our Privacy Policy.

9.2

You are solely responsible for the content stored, transmitted, or processed through our services.

9.3

We employ industry-standard security measures to protect your data, including transport encryption (TLS) and storage encryption.

10.1

We maintain regular system-level backups for disaster recovery purposes. However, we do not guarantee that backups are available or error-free.

10.2

You are responsible for maintaining your own additional backups of important emails and data.

10.3

We are not liable for data loss caused by customer actions, third-party service failures, force majeure, or suspension or termination under these Terms.

11.1

To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or data loss.

11.2

Our maximum liability for any claim shall not exceed the amount paid by the customer for the affected service in the 12 months preceding the claim.

12.1

We are not liable for service delays, interruptions, or failures caused by events beyond our reasonable control, including but not limited to: natural disasters, war, government actions, power failures, upstream provider failures, internet backbone failures, and network attacks.

13.1

We reserve the right to modify these Terms at any time. Material changes will be notified via email or website announcement.

13.2

Continued use of the service after changes are posted constitutes acceptance of the updated Terms.

14.1

These Terms are governed by the laws of the State of New Mexico, USA.

14.2

Any disputes shall first be resolved through friendly communication with our support team. If unresolved, disputes shall be submitted to the courts of New Mexico.

15.1

Support inquiries: support@netsends.com

15.2

Abuse complaints: abuse@netsends.com

15.3

Website: https://velorynlabs.com