Terms of Service

Terms and conditions for Data Handler LLC regarding the service ClubSMTP.com.
Last modified: April 23, 2026 List of subprocessors

1. Scope of Application

1.1 The following Terms and Conditions apply to all contracts and services rendered between Data Handler LLC (hereinafter referred to as "ClubSMTP.com") and its customers with regard to the use of ClubSMTP.com (hereinafter "the Service"). These Terms and Conditions constitute a material part of each agreement unless expressly agreed otherwise in writing. Any differing terms or conditions by the user only apply with written consent by ClubSMTP.com. 1.2 By accepting an invitation to ClubSMTP.com or by signing into ClubSMTP.com Services, the user agrees to these Terms and Conditions. 1.3 ClubSMTP.com is available to individuals and organizations (collectively "customers"). By accepting these Terms, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. 1.4 ClubSMTP.com reserves the right to modify these Terms and Conditions with effect for the future at any time. ClubSMTP.com will notify the customer of material changes via email. If the customer does not object within two weeks after receipt of the change notification, the changes will be deemed accepted. ClubSMTP.com will inform the customer about the right to object and the effects of a lack of objection. If the customer rejects the changes, ClubSMTP.com has the right to terminate the agreement.

2. ClubSMTP.com Services

2.1 ClubSMTP.com provides a private, invitation-only managed email hosting platform. The Service allows customers to provision and manage email domains, mailboxes, and aliases hosted on ClubSMTP.com infrastructure. The platform includes DNS health monitoring, per-mailbox filtering controls, and API access for programmatic management. 2.2 ClubSMTP.com may continuously improve and expand its Services. The customer is not entitled to any functionality beyond what is described on the Website at the time of account provisioning. 2.3 ClubSMTP.com provides the Service with commercially reasonable availability. ClubSMTP.com Services do not include internet access. ClubSMTP.com does not guarantee that any specific email will be delivered to any recipient, and delivery depends on factors outside ClubSMTP.com's control including recipient email servers, spam filters, DNS propagation delays, and network conditions. See Section 9 for the full disclaimer. 2.4 In case of unforeseen events, ClubSMTP.com is entitled to suspend the Services for maintenance or repair purposes if this is necessary to ensure the proper operation of the Service. 2.5 ClubSMTP.com is entitled to use the assistance of third parties in order to fulfill its contractual obligations. 2.6 Access to ClubSMTP.com is by invitation only. Accounts are created and provisioned by a ClubSMTP.com administrator. ClubSMTP.com reserves the right to revoke any invitation or terminate any account at its sole discretion.

3. Account Provisioning

3.1 Access to ClubSMTP.com is granted by invitation from a ClubSMTP.com administrator. There is no open registration. A right to claim an account does not exist. 3.1.a The user account is non-transferable. 3.1.b User accounts must be used by only one real natural person. 3.1.c The user must keep their password secret and protect it against unauthorized use by third parties. 3.2 The customer represents and warrants that all personal information and other relevant contractual data provided during account setup is complete and correct. The customer is obligated to promptly update any changed information in their account. 3.3 The customer acknowledges that contractual notices (e.g. invoices, Terms updates, and other notifications) may be sent via email and are deemed received when they can be retrieved in the email inbox specified during account setup.

4. Customer's Rights and Obligations

4.1 The customer is entitled to use the ClubSMTP.com Services only to the extent described in these Terms. 4.2 The customer is responsible for maintaining the confidentiality of their account credentials. The customer agrees to immediately inform ClubSMTP.com of any unauthorized use of their account, any breach of security, or any suspected misuse of the Service. ClubSMTP.com cannot and will not be liable for any loss or damage arising from the customer's failure to comply with this clause. 4.3 ClubSMTP.com Services do not include legal advice or consultancy. The customer alone is responsible for ensuring their use of the Service and the domains, mailboxes, and email content they configure complies with all applicable laws and regulations, including CAN-SPAM, CASL, and GDPR where applicable. 4.4 The customer must not use ClubSMTP.com to send unsolicited email (spam), distribute malware, conduct phishing campaigns, or engage in any activity that damages the reputation of ClubSMTP.com's sending infrastructure. ClubSMTP.com may immediately suspend any account found to be in violation of this clause. 4.5 The customer is solely responsible for the accuracy, legality, and appropriateness of all content transmitted through their mailboxes. ClubSMTP.com has no obligation to review customer email content. 4.6 The customer acknowledges that misuse of email hosting services — including sending spam, generating excessive bounce rates, or triggering spam complaints — may result in damage to the shared sending reputation of ClubSMTP.com's infrastructure and harm other customers. ClubSMTP.com will monitor for such activity and may suspend or terminate accounts accordingly.

5. Fees and Payment

5.1 ClubSMTP.com charges on a per-mailbox basis. The applicable rate is displayed in the customer's account. Fees are quoted in U.S. dollars (USD) and are exclusive of any applicable taxes. 5.2 Billing is anchored to the customer's account registration date. New mailboxes are billed on a prorated basis for the remainder of the current billing cycle. Fees are due on the customer's billing anchor date each month. 5.3 Storage is billed at the allocated tier, not actual usage. The minimum storage allocation per mailbox is 25 GB. The maximum is 100 GB. 5.4 Terms and Conditions of involved payment processors (e.g. Stripe) apply in addition to these Terms. 5.5 ClubSMTP.com reserves the right to adjust fees at any time. Any such change will take effect at the beginning of the following billing period after notice has been provided to the customer. 5.6 Invoices will be sent to the customer via email. 5.7 In the event of default of payment, ClubSMTP.com reserves the right to suspend access to mailboxes until all due payments have been made. After providing the customer a reasonable notice period, ClubSMTP.com has the right to terminate the agreement with immediate effect and delete associated mailbox data. 5.8 Any complaints relating to an invoice must be submitted to ClubSMTP.com in writing or by email to support@clubsmtp.com within four weeks of receipt of the invoice. If no such complaint has been made within that period, the invoice is deemed accepted.

5a. Automatic Payments (Auto-Pay)

5a.1 Customers may opt in to automatic payments ("Auto-Pay") via their account billing settings. By enabling Auto-Pay, the customer expressly authorizes ClubSMTP.com to charge their designated default payment method automatically on the customer's billing anchor date each month for all active mailboxes. 5a.2 Auto-Pay charges are calculated based on the customer's active mailbox count and storage tiers at the time of billing. New mailboxes provisioned mid-cycle are prorated to the billing anchor date. 5a.3 If an Auto-Pay charge fails, ClubSMTP.com will retry the charge automatically for up to three (3) calendar days following the original due date. 5a.4 If payment is not successfully received within three (3) days of the billing anchor date, ClubSMTP.com reserves the right to suspend access to all mailboxes associated with the account immediately and without further notice. ClubSMTP.com further reserves the right to permanently terminate the account and delete all associated mailbox data if payment remains outstanding beyond a reasonable cure period. 5a.5 The customer may disable Auto-Pay at any time from their account billing settings. Disabling Auto-Pay does not relieve the customer of any outstanding payment obligations. 5a.6 ClubSMTP.com is not responsible for any fees charged by the customer's financial institution in connection with Auto-Pay charges or failed payment attempts.

6. Mailbox Management and Termination

6.1 The customer may add or remove mailboxes at any time via their account. Removed mailboxes will be billed through the end of the current billing cycle and then deleted. 6.2 The customer may adjust the storage allocation of a mailbox at any time. Storage changes take effect at the next billing cycle. 6.3 Both ClubSMTP.com and the customer reserve the right to terminate the agreement early for material cause, including default of payment, insolvency, material breach of these Terms, or conduct that damages the Service's email sending reputation, or failure to maintain a current payment method when Auto-Pay is enabled and payment remains outstanding beyond the applicable retry period. 6.4 Upon termination, the customer is responsible for exporting any data stored in their mailboxes before the account is closed. ClubSMTP.com is not liable for any data loss following termination.

7. Grant of Rights, Ownership, Third-Party Rights

7.1 Upon account provisioning, ClubSMTP.com grants the customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the ClubSMTP.com Services during the term of the agreement and to the extent necessary to use the Service in accordance with these Terms. 7.2 The right of use shall expire once the customer's account is terminated or suspended for non-payment. 7.3 Beyond the rights granted above, ClubSMTP.com does not grant the customer any right, title, or interest in ClubSMTP.com's properties or content. ClubSMTP.com retains all intellectual property rights in and to the Service, including source code, databases, and all related materials. 7.4 The customer undertakes not to violate any applicable laws while using ClubSMTP.com Services. The customer shall indemnify and hold ClubSMTP.com harmless from any and all third-party claims (including reasonable attorney's fees) asserted against ClubSMTP.com arising from the customer's use of the Service.

8. APIs

8.1 ClubSMTP.com offers APIs (Application Programming Interfaces) to manage domains, mailboxes, aliases, and filter rules programmatically. API access is available to all accounts as described on the Website. 8.2 ClubSMTP.com is not responsible for third-party services or applications that use the ClubSMTP.com API. ClubSMTP.com can only ensure the functionality of the API interfaces to the extent that such functionality lies within ClubSMTP.com's scope of influence. 8.3 ClubSMTP.com Services may provide links to or incorporate third-party technology. ClubSMTP.com does not endorse and is not responsible or liable for the operation or functionality of third-party technology.

9. Disclaimer of Warranties; Limitation of Liability

9.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLUBSMTP.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9.2 CLUBSMTP.COM DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 9.3 CRITICAL DISCLAIMER — EMAIL DELIVERY NOT GUARANTEED: CLUBSMTP.COM OPERATES A BEST-EFFORT EMAIL HOSTING PLATFORM. CLUBSMTP.COM DOES NOT GUARANTEE THAT ANY EMAIL SENT THROUGH OR RECEIVED BY THE SERVICE WILL BE DELIVERED TO ANY RECIPIENT, OR DELIVERED IN A TIMELY MANNER. DELIVERY MAY FAIL DUE TO FACTORS OUTSIDE CLUBSMTP.COM'S CONTROL, INCLUDING BUT NOT LIMITED TO RECIPIENT EMAIL PROVIDER FAILURES, SPAM FILTERS, NETWORK OUTAGES, THIRD-PARTY SERVICE INTERRUPTIONS, INCORRECT RECIPIENT INFORMATION, DNS MISCONFIGURATION, AND FORCE MAJEURE EVENTS. CUSTOMERS SHOULD NOT RELY ON CLUBSMTP.COM AS THE SOLE MEANS OF TRANSMITTING CRITICAL INFORMATION. 9.4 ClubSMTP.com does not assume any liability for damages resulting from the customer's use of the Service in a manner other than its intended use, or in a manner not in accordance with ClubSMTP.com's instructions. 9.5 ClubSMTP.com does not assume any liability for disturbances, limitations, interruptions, or disruptions of the Service caused by circumstances beyond ClubSMTP.com's reasonable control. 9.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUBSMTP.COM'S TOTAL CUMULATIVE LIABILITY TO THE CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE CUSTOMER TO CLUBSMTP.COM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). 9.7 IN NO EVENT SHALL CLUBSMTP.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, EMAIL DELIVERY FAILURES, OR DAMAGE TO EMAIL SENDING REPUTATION, EVEN IF CLUBSMTP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.8 The Service is targeted at an availability of at least 99.5% of the annual mean. Availability may be affected by circumstances outside ClubSMTP.com's control, including acts of third parties, technical conditions of third-party providers (including but not limited to Stripe and AWS), technical conditions of the internet that ClubSMTP.com cannot influence, or force majeure. Such circumstances shall not affect the contractual conformity of the services provided by ClubSMTP.com. 9.9 Any claims for damages arising from slight negligence by ClubSMTP.com shall become time-barred within one year after the customer becomes aware of the damage and the circumstances giving rise to such claim. All other claims for damages shall become time-barred within the statutory period under applicable law.

10. Acceptable Use and Misuse

10.1 The customer must not misuse ClubSMTP.com Services by knowingly introducing viruses, trojans, worms, malware, or other malicious or technologically harmful material. The customer must not attempt to gain unauthorized access to ClubSMTP.com Services, its servers, or any server, computer, or database connected to the Service. 10.2 The customer must not use the Service to send unsolicited bulk email, engage in phishing, impersonate third parties, or conduct any activity that could damage the IP reputation or deliverability of ClubSMTP.com's mail infrastructure. 10.3 Should the customer's usage create an overload or generate bounce rates or spam complaint rates beyond acceptable thresholds, ClubSMTP.com has the right to suspend or restrict mailbox access until the issue is resolved. 10.4 The customer must not use ClubSMTP.com to store, distribute, or transmit content that is illegal, defamatory, harassing, or that violates the rights of any third party.

11. Data Protection

11.1 The customer is obligated to comply with applicable data protection law when using ClubSMTP.com Services. 11.2 ClubSMTP.com processes the customer's personal data only for specific purposes and pursuant to applicable statutory provisions. 11.3 ClubSMTP.com may store monitoring and statistical data about the customer's use of the Service. This data may be published by ClubSMTP.com only in anonymized form. 11.4 The customer has the right to receive information on the personal data stored by ClubSMTP.com, free of charge, and to request correction or deletion of personal data, provided this does not contradict any legal retention obligation. 11.5 More information about data protection is available in the ClubSMTP.com Privacy Policy at https://www.clubsmtp.com/privacy-policy/

12. Final Provisions

12.1 Place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Pennsylvania, U.S.A. 12.2 Any modifications or amendments to these Terms and Conditions must be made in writing (email is sufficient). 12.3 If any provision of these Terms of Service or part thereof is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that as closely as possible reflects the economic purpose of the invalid provision. 12.4 Unless expressly agreed otherwise, the legal relationship between ClubSMTP.com and the customer shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflict of law principles.