Terms and conditions
By using our service, you agree to the following terms and conditions:
1.1 These terms and conditions constitute an agreement between SpamPort and it’s customers containing the terms and conditions for registration, subscription and use of SpamPort (“SpamPort”). SpamPort is a web based anti spam service, provided at Spamport.com. The customers can add individual domains ("Users") that use SpamPort.
1.2 SpamPort is an anti-spam service that stops spam and viruses before they get to the destination mail server of the domain. An overview of how SpamPort works and the functions it offers can be found on the website of SpamPort.
2 Description of SpamPort
2.1 SpamPort scans all incoming e-mails using various methods in order to determine wether an individual e-mail is spam or not.
2.2 The subscription period for SpamPort is one year, unless stated otherwise. SpamPort will send a renewal offer to Customers one month prior to the expiry of the subscription period.
2.3 Every e-mail received on every filtered domain is monitored and cleaned from spam and viruses.
2.4 In order to subscribe to domain filtering and/or archiving the Customer must update the domain’s information in the DNS system so that SpamPort’s servers are indicated as Mail Exchanger (MX).
2.5 SpamPort can send customers a report showing the blocked messages with the highest chance of being actual e-mails. E-mails stopped by SpamPort can be retrieved via links in the SpamPort report.
2.6 Users can always log in to their SpamPort website and check for e-mails that have been stopped by SpamPort.
2.7 Users may, at their own risk, release mails that have been blocked by SpamPort.
2.8 Users may report to SpamPort mail that the Users consider being spam. SpamPort will use such reports to improve the filtering capability of SpamPort.
2.9 SpamPort will keep filtered and clean messages for a period of 14 days from the e-mail was filtered after which it will be automatically deleted. If Customer has set up an archiving license for a domain, mails will be kept for a period of 365 days.
2.10 SpamPort has the right to view and analyse the content of filtered messages for the purpose of rectifying problems or improving SpamPort.
3 Creating an Account to use SpamPort
3.1 In order to create an account, customers are required to complete a registration process where the customer shall provide SpamPort with the requested information. Customers have to provide complete and correct information about them and need to make sure to keep this information updated.
4.1 The Customer shall pay for the SpamPort subscription in accordance with the applicable SpamPort price lists supplied on the Website.
4.2 Payment shall be made in advance for each 12 months subscription period. Payment shall be made by using any of the payment methods indicated on the website.
4.3 In case payment is not made within 30 days after creating a new license order, SpamPort is entitled to cancel the license order.
4.4 SpamPort is entitled to block all services belonging to Customer if a renewal invoice is not paid within 30 days after invoice date. SpamPort cannot be held responsible for any damage caused by blocking the services.
5 Responsibility of the Users
5.1 Users are totally responsible for the use of the user account and for its safety. Users may not disclose their password to third parties. Users are exposed to risks if they let third parties use it inappropriately.
5.2 Users are responsible for ensuring that blocked messages are examined. Users examine blocked messages by logging into the Website at www.spamport.com to check for e-mails that have been stopped or filtered by SpamPort.
5.3 Users may not use the user account for illegal purposes or in other ways which may harm, overload or impair SpamPort’s servers or networks, or interrupt other parties use of SpamPort. SpamPort reserves the right to take legal and technical action to prevent any crime or to enforce these terms and conditions.
6 Limited warranty
6.1 SpamPort is provided "as is" without any warranties of any kind, express or implied, and is used totally at the risk of Customer and Users. SpamPort can not be held responsible for any damages caused by filtering or rejecting e-mails.
6.2 No anti spam service can guarantee a 100 percent detection rate. SpamPort does not accept any liability for any losses or damage which is resulting from the failure of SpamPort to detect spam or incorrectly classifying a legitimate e-mail as spam. SpamPort does not accept any liability for any loss of data, profit, revenue, business opportunities or costs which arise as a result of use (or failure to use) SpamPort.
6.3 SpamPort is not liable for any faults or delays in the completion of our responsibilities under these terms and conditions which are due to circumstances beyond our control.
6.4 SpamPort expressly disclaims every form of warranty or obligation as regards access or use of the user account at the times and places chosen by Users.
7 Personal Data
7.1 SpamPort stores and processes personal data with the purpose of providing, administering and controlling the use of SpamPort. SpamPort is the data controller.
7.2 By applying for a customer account, customers consent to SpamPort processing its personal data.
7.3 In addition, Customers agree that SpamPort may now or in the future disclose personal data to companies within the same group as SpamPort to the extent this is necessary to provide, administer and control use of SpamPort. SpamPort will not disclose any personal data to other companies.
7.4 The Customer is aware and consents to anonymous statistics based on the results of Users email management being compiled and analysed by SpamPort. These statistics will be used by SpamPort to improve the Service and report anonymous statistics on the Website www.spamport.com. The statistics will be used exclusively by SpamPort.
8 The service
8.1 SpamPort is provided by SpamPort on a twenty-four hours per day by seven days per week basis.
8.2 When using domain filtering and SpamPort fails to deliver the e-mails to the mail server of the Customer, SpamPort will store the e-mails for two days pending delivery.
9.1 SpamPort aims to supply SpamPort continually with as high a level of quality as possible and to keep the systems used up to date. SpamPort and its business partners therefore perform maintenance on SpamPort and any related hardware and software.
9.2 Planned maintenance shall not accumulate to more than 6 hours per calendar month and shall not take place between 8 am and 5 pm (Central European Time + 1:00). It is the ambition of SpamPort to carry out the planned maintenance without affecting SpamPort.
9.3 When emergency maintenance is necessary and when it will likely affect SpamPort, SpamPort will endeavor to, if possible, inform its customers by posting information on the Website within one hour of the start of the emergency maintenance.
9.4 SpamPort runs a fallback mailserver in a second, completely independent network, to ensure that network- or machine problems won't cause e-mails to be rejected. In case of a network disruption, the fallback machine will process all e-mails. E-mails processed during this disruption will possibly not show up in the Messages list on www.spamport.com
10 Technical support and customer service
10.1 If included in the service subscribed to by the Customer SpamPort will between 10 am and 4 pm (Central European Time + 1:00) workdays provide technical support to the Customer for problems with SpamPort.
11 Amendments to these Terms and conditions
11.1 SpamPort reserve the right to amend these terms and conditions after reasonable notice to Customers. Notices about such amendments will be posted on the website www.spamport.com. Customers and Users are obliged on a regular basis to read these terms and conditions and any other terms posted on the Website.
12.1 Customers and Users agree that SpamPort may send in electronic form notifications regarding SpamPort. SpamPort may send electronic notifications to the email address provided upon registration, or by posting the notification on the Website. A notification from SpamPort is deemed applicable two days after it was sent or posted.
12.2 If Customers have any comments or complaint about any of the services, the Customer shall contact customer service via the Website www.spamport.com.
13.1 If the Customer or a User breach any of the provisions in this agreement, SpamPort is entitled to terminate the agreement with immediate effect and terminate all Customer and User accounts.
13.2 If Customer would like to terminate their license, this can be done after deleting all domains from SpamPort by using the Website www.spamport.com. Cancel all licenses by using the License page to stop all services.
14.1 SpamPort is entitled, at any time without prior notice, to assign this agreement. Customers are not entitled to assign this agreement to any other person.
15.1 If any provisions in these terms and conditions would be found invalid, it shall not mean that the terms and conditions as a whole are invalid, or affect or influence the remaining validity of the rest of these terms and conditions.
16 No Waiver
16.1 If either party would not use any right or remedy based on these terms and conditions, this failure shall not be construed as a waiver of the right or remedy in question, or prevent that it is used at later time.
17 Appropriate Court and Applicable Law
17.1 Disputes arising from this agreement shall be settled in a general court of law by applying Dutch law.