Terms of Service
These Terms of Service (“Terms”) govern your use of XSMTP.CO (“the Service”) provided by Clicks2Sales.com (“we,” “us,” or “our”). By accessing, registering for, or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
1. Acceptance of Terms
By using the Service, you acknowledge that you have read, understood, and agree to comply with these Terms and any other guidelines, policies, or notices provided by us.
If you are accessing or using the Service on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
XSMTP.CO is a bulk email SMTP service that allows users to send emails to multiple recipients. The Service may include email sending infrastructure, SMTP access, account management tools, usage limits, reporting, and related services.
We may modify, update, suspend, restrict, or discontinue any part of the Service at any time, with or without prior notice, including for security, compliance, abuse prevention, operational, technical, or business reasons.
3. User Obligations
By using the Service, you agree to:
3.1. Provide accurate, current, and complete information during registration and maintain the accuracy of your account information.
3.2. Use the Service only in compliance with all applicable laws, rules, regulations, industry standards, and third-party policies.
3.3. Keep your account credentials confidential and not share them with unauthorized individuals or entities.
3.4. Accept full responsibility for all activity conducted under your account.
3.5. Promptly notify us if you suspect unauthorized access, misuse, or compromise of your account.
3.6. Use the Service in a responsible manner that does not harm our infrastructure, reputation, deliverability, customers, employees, contractors, partners, or third parties.
4. Prohibited Activities
You are expressly prohibited from engaging in the following activities when using the Service:
4.1. Sending unsolicited, unauthorized, deceptive, misleading, or illegal emails, including spam.
4.2. Sending emails to purchased, scraped, harvested, rented, or non-consenting contact lists.
4.3. Violating any law, regulation, third-party right, privacy right, intellectual property right, or platform policy.
4.4. Sending phishing emails, malware, scams, fraudulent offers, impersonation emails, or any content intended to deceive recipients.
4.5. Uploading, transmitting, or distributing viruses, malware, malicious code, or harmful files.
4.6. Interfering with, disrupting, overloading, or damaging the Service, our servers, our network, our sending infrastructure, or any related systems.
4.7. Attempting to bypass account limits, sending limits, verification processes, security systems, suspension measures, or abuse controls.
4.8. Collecting, harvesting, or processing personal information without lawful authority or consent.
4.9. Using the Service in any way that may damage our sender reputation, IP reputation, domain reputation, infrastructure, business operations, or relationships with service providers.
4.10. Engaging in any activity that we determine, at our sole discretion, to be illegal, harmful, abusive, fraudulent, high-risk, objectionable, or inconsistent with the intended use of the Service.
5. Respectful Communication and Support Team Protection
We are committed to maintaining a safe, respectful, and professional environment for our support team, employees, contractors, partners, and all individuals associated with the Service.
By using the Service, you agree not to engage in abusive, threatening, harassing, discriminatory, defamatory, obscene, hateful, sexually inappropriate, intimidating, or otherwise disrespectful communication toward our support team, employees, contractors, partners, vendors, or representatives.
This includes, but is not limited to:
5.1. Using abusive, insulting, degrading, or offensive language.
5.2. Making threats of harm, legal intimidation without basis, public harassment, blackmail, or coercion.
5.3. Repeatedly sending hostile, aggressive, or excessive messages after a matter has been addressed.
5.4. Targeting any team member personally through email, chat, phone, social media, or any other communication channel.
5.5. Using discriminatory or hateful language based on religion, caste, race, ethnicity, gender, sexual orientation, nationality, disability, or any other protected or personal characteristic.
We reserve the right to refuse support, restrict communication channels, suspend access, or permanently cancel any account if we determine that the user has violated this section.
Serious or repeated violations of this section may result in immediate account cancellation without refund, including forfeiture of any unused subscription period, credits, prepaid fees, or remaining account balance, to the maximum extent permitted by applicable law.
6. Account Suspension and Termination
We reserve the right to suspend, restrict, or terminate your access to the Service at any time, with or without prior notice, if:
6.1. You violate these Terms.
6.2. You engage in spam, abuse, fraud, phishing, illegal activity, or harmful sending practices.
6.3. Your usage harms or may harm our infrastructure, IP reputation, domain reputation, sender reputation, service providers, customers, or business operations.
6.4. You fail to make required payments.
6.5. You misuse support channels or communicate abusively with our team.
6.6. We are required to do so by law, regulation, court order, government request, service provider request, or compliance obligation.
6.7. We determine that your continued use of the Service presents a security, legal, financial, reputational, operational, or abuse-related risk.
Upon suspension or termination, your right to use the Service will immediately cease. We are not responsible for any loss of data, business, revenue, reputation, email delivery, or access resulting from suspension or termination.
7. Refund Policy
Due to the nature of the Service, all sales are generally final. Customers may cancel their subscription at any time, but cancellation does not automatically entitle the customer to a refund for any unused period.
In rare cases where the Service does not work as advertised and we are unable to resolve the issue within 48 working hours after receiving sufficient details from the customer, we may, at our discretion, issue a refund.
Refunds will not be provided in cases involving:
7.1. Violation of these Terms.
7.2. Spam, abuse, phishing, fraud, or prohibited sending activity.
7.3. Account suspension or cancellation due to abusive behavior toward our support team or anyone associated with our company.
7.4. Failure to comply with setup instructions, DNS requirements, sending best practices, or third-party policies.
7.5. Deliverability issues caused by the customer’s email content, contact list quality, sending behavior, domain reputation, recipient engagement, or external mailbox providers.
7.6. Change of mind, lack of usage, business closure, or no longer needing the Service.
7.7. Any issue caused by third-party platforms, email providers, hosting providers, DNS providers, internet service providers, or customer-side configuration errors.
Any refund, if approved, will be processed through the original payment method or another method chosen by us.
8. Email Deliverability Disclaimer
While we provide SMTP infrastructure and related services, we do not guarantee inbox placement, open rates, click rates, conversion rates, delivery to every recipient, or uninterrupted acceptance by third-party mailbox providers.
Email deliverability depends on many factors outside our control, including but not limited to your domain reputation, email content, sending frequency, list quality, recipient engagement, authentication records, spam complaints, bounce rates, and policies of mailbox providers.
You are solely responsible for ensuring that your email campaigns comply with applicable laws and best practices.
9. Payments, Billing, and Subscriptions
You agree to pay all fees associated with your selected plan, subscription, add-ons, usage, or services.
Unless otherwise stated, subscription fees are billed in advance and are non-refundable except as expressly provided in these Terms.
We may change pricing, plan features, limits, or billing terms at any time. Any changes will apply from the next billing cycle unless otherwise stated.
Failure to make payment may result in suspension or termination of your account.
10. Intellectual Property
All intellectual property rights in the Service, including but not limited to trademarks, copyrights, software, systems, designs, content, documentation, trade secrets, and technology, are owned by us or our licensors.
You may not reproduce, copy, modify, distribute, resell, reverse engineer, create derivative works from, or exploit any part of the Service unless expressly authorized by us in writing.
11. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, store, and protect personal information in connection with the Service.
By using the Service, you agree to our collection and use of information in accordance with our Privacy Policy.
12. Data and Customer Responsibility
You are solely responsible for the data, contact lists, email content, campaigns, files, and materials you upload, send, store, or process through the Service.
You represent and warrant that you have all necessary rights, permissions, and lawful basis to use such data with the Service.
We are not responsible for verifying the legality, accuracy, consent status, or quality of your recipient lists or email content.
13. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the Service.
This includes, but is not limited to, loss of profits, loss of revenue, loss of business, loss of data, loss of reputation, email delivery failure, account suspension, service interruption, or third-party provider actions.
Our total liability for any claim arising out of or relating to the Service shall not exceed the amount paid by you to us for the Service in the one month immediately preceding the event giving rise to the claim.
14. No Warranty
The Service is provided on an “as is” and “as available” basis.
We do not warrant that the Service will be uninterrupted, error-free, secure, always available, compatible with all systems, or free from defects.
We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
15. Changes to the Service or Terms
We reserve the right to modify, update, or replace these Terms at any time.
Any changes will be effective immediately upon posting the updated Terms on our website, unless otherwise stated.
Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in India.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms constitute the entire agreement between you and XSMTP.CO / Clicks2Sales.com regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, communications, or representations, whether oral or written.
19. Contact
For questions about these Terms, billing, account access, or support, please contact us through the official support channels provided on our website.