Terms and Conditions

Effective date: January 1, 2026  ·  Governing law: Republic of Estonia  ·  Provider: Cloud Server for Email OÜ

1. Services Provided

Cloud Server for Email provides managed email sending infrastructure services, including but not limited to:

• Managed PowerMTA hosting and operational maintenance
• Managed MailWizz hosting and application maintenance
• Dedicated IP address allocation and reputation management
• SMTP relay environment configuration and monitoring
• IP warming services and reputation building protocols
• Email deliverability audits and technical assessments
• IP blacklist removal and reputation recovery services
• Email infrastructure migration services
• Transactional email infrastructure design and deployment

The specific services provided to each client are defined in the applicable Service Order or Statement of Work agreed in writing between the parties. These Terms and Conditions apply to all services unless otherwise explicitly superseded by a separate written agreement signed by both parties.

2. Acceptable Use Policy

The infrastructure and services provided by Cloud Server for Email may only be used for lawful commercial email communications to recipients who have provided verifiable consent to receive communications from the client or the client's principals.

2.1 Permitted Uses

• Marketing and promotional communications to recipients who have opted in to receive such communications
• Transactional communications related to products, services, or accounts held by the recipient
• Business-to-business communications relevant to the recipient's professional role and responsibilities
• Newsletter and editorial communications to subscribers who have consented to receive them
• Automated notification emails triggered by recipient actions or account events

2.2 Prohibited Uses

The following uses are strictly prohibited and constitute grounds for immediate service termination without refund:

• Sending to purchased, harvested, or scraped email lists without individual verifiable opt-in consent
• Sending content that is fraudulent, deceptive, or designed to mislead recipients about the sender's identity or the nature of the communication
• Sending communications that violate applicable law, including but not limited to the EU General Data Protection Regulation (GDPR), the CAN-SPAM Act, CASL, or any equivalent national law applicable to the client's recipients
• Using our infrastructure for phishing, credential harvesting, malware distribution, or any other malicious purpose
• Sending communications that contain or facilitate illegal activity
• Deliberately circumventing ISP filtering systems through technical means that misrepresent message origin or content
• Using our services to send communications to recipients who have previously unsubscribed or otherwise withdrawn consent
• Reselling or sub-licensing our infrastructure to third parties without prior written agreement

2.3 List Quality Requirements

Clients are required to maintain sending lists that meet minimum quality standards. Cloud Server for Email reserves the right to request evidence of list acquisition and consent practices at any time. Lists exhibiting hard bounce rates consistently above 3%, complaint rates above 0.1% at major ISPs, or evidence of spam trap hits may result in service suspension pending remediation.

3. Service Levels and Availability

3.1 Infrastructure Availability

Cloud Server for Email targets 99.5% monthly uptime for managed infrastructure services, excluding scheduled maintenance windows, force majeure events, and outages caused by third-party providers (including datacenter infrastructure, upstream internet providers, and ISP-side delivery restrictions). Availability is measured at the infrastructure layer — ISP-side delivery rates are subject to the recipient ISP's policies and reputation assessments, which are outside our direct control.

3.2 Delivery Performance

We commit to maintaining infrastructure configurations that follow current ISP best practices and industry-standard authentication standards. However, email delivery rates, inbox placement rates, and related metrics are influenced by factors including but not limited to: client list quality, content characteristics, recipient engagement patterns, ISP policy changes, and IP reputation history. We do not guarantee specific delivery rates, inbox placement rates, or open rates.

3.3 Monitoring and Operational Response

Managed infrastructure clients receive the following operational support as part of their service agreement:

• Business-hours monitoring of infrastructure health and delivery signals (Monday–Friday, 09:00–18:00 CET)
• Daily review of ISP reputation data including Google Postmaster Tools and Microsoft SNDS
• Email notification of critical delivery events (blacklist listings, significant reputation changes, service anomalies) within 4 business hours of detection
• Monthly infrastructure review and configuration adjustment as required

4. Client Obligations

In addition to compliance with the Acceptable Use Policy, clients agree to:

• Provide accurate and complete information at service onboarding and upon request thereafter
• Maintain suppression lists that accurately reflect all unsubscribe and opt-out requests, and provide updated suppression data before each campaign send where applicable
• Notify Cloud Server for Email of any planned significant volume increases (more than 2× current daily volume) at least 5 business days in advance
• Respond to compliance inquiries or requests for list documentation within 5 business days
• Not attempt to access, modify, or interfere with infrastructure components outside their designated client portal access
• Keep client portal credentials confidential and notify us immediately of any suspected unauthorized access

5. Fees, Billing, and Payment Terms

Service fees are specified in the applicable Service Order. Unless otherwise stated:

• Monthly managed services are billed in advance on the first day of each service month
• One-time setup, migration, and project fees are billed upon service commencement
• Payment terms are net 14 days from invoice date
• Late payments accrue interest at 8% per annum above the ECB base rate, calculated from the due date
• Prices are stated exclusive of VAT; applicable VAT will be added for EU-based clients
• We reserve the right to adjust service fees with 30 days written notice

6. Intellectual Property

All proprietary infrastructure configurations, operational procedures, technical documentation, and software developed by Cloud Server for Email in the provision of services remain the intellectual property of Cloud Server for Email. Client-specific configurations are developed for client use but do not convey ownership of the underlying methodologies or frameworks.

Clients retain ownership of all content, subscriber data, and campaign materials they provide to us. By providing this data, clients grant Cloud Server for Email a limited license to process and transmit this content solely for the purpose of providing the contracted services.

7. Data Processing and GDPR

Cloud Server for Email processes personal data of email recipients on behalf of clients as a Data Processor under the GDPR. In this capacity:

• We process recipient email addresses, delivery metadata, and engagement signals solely for the purpose of providing email delivery services
• We do not use recipient data for our own marketing purposes
• We maintain appropriate technical and organizational security measures for the protection of personal data
• We do not sell, share, or license recipient personal data to third parties
• A Data Processing Agreement (DPA) is available upon request and is required for clients processing EU resident personal data
• We operate infrastructure within the European Union (primary datacenter in Estonia) and comply with EU data residency requirements

Clients are Data Controllers responsible for ensuring they have a valid legal basis for processing recipient data and for compliance with all applicable data protection laws in their jurisdictions.

8. Confidentiality

Both parties agree to maintain the confidentiality of information designated as confidential by the other party, including but not limited to: pricing agreements, technical configurations, business processes, and client data. This obligation survives termination of the service relationship for a period of three years, except for information that becomes publicly available through no fault of the receiving party.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Cloud Server for Email's aggregate liability to any client for any cause of action arising from or relating to the provision of services shall not exceed the total fees paid by that client in the three months preceding the event giving rise to the claim.

Cloud Server for Email shall not be liable for: loss of anticipated revenue or profits, loss of data, business interruption losses, or any indirect or consequential damages, even if we have been advised of the possibility of such damages. Our services involve email delivery to third-party ISPs whose policies and systems are outside our control; we are not liable for delivery failures attributable to ISP-side policy decisions or recipient-side filtering.

10. Term and Termination

Service agreements continue on a monthly basis unless a minimum term is specified in the Service Order. Either party may terminate a monthly agreement with 30 days written notice. In cases of material breach of these Terms (including Acceptable Use Policy violations), Cloud Server for Email may terminate services immediately without notice and without refund of prepaid fees. Clients may not terminate services mid-month for refund of that month's service fee.

11. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the Republic of Estonia. Any disputes arising from or relating to these Terms or the services provided shall be first addressed through good-faith negotiation. If negotiation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia.

12. Changes to These Terms

Cloud Server for Email reserves the right to update these Terms and Conditions at any time. Material changes will be communicated to active clients by email at least 14 days before the effective date. Continued use of our services after the effective date constitutes acceptance of the updated Terms.

13. Contact Information

For questions about these Terms and Conditions:

• Email: infrastructure@cloudserverforemail.com
• Phone: +372 602-7190
• Registered address: Cloud Server for Email OÜ, Estonia (EU)

14. Entire Agreement

These Terms and Conditions, together with any applicable Service Order or Statement of Work, constitute the entire agreement between Cloud Server for Email and the client with respect to the services described herein and supersede all prior agreements, representations, and understandings of any kind. No modification to these Terms is effective unless made in writing and signed by an authorized representative of Cloud Server for Email.

If any provision of these Terms is found to be unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The failure of Cloud Server for Email to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms apply to all users of our services, including clients, prospective clients, and any personnel accessing our services on behalf of a client organization. By using our services, you confirm that you have authority to accept these Terms on behalf of your organization where applicable.

Last updated: January 2026