PLEASE READ CAREFULLY:
BY USING CHILLOX SMTP RELAY SERVICES, THE CLIENT AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

Agreement to Provide Service

For purposes of this Agreement the term "Services" means interactive computer services based on the Microsoft Platform and other services (as operated by Chillox) including without limitation (i) the distribution of third party software to Client and (ii) the storage of Client's data and information and the transmission to Client of Client's data and information used by such software applications (the "Client Information"). Chillox agrees to use commercially reasonable efforts to provide the Services to Client. Client agrees that it is responsible for software products necessary to transmit Client Information to Chillox. Client represents and warrants to Chillox that it will use any software provided by Chillox consistent with the terms of the software license agreement supplied with the product.

No Long Term Contracts

Excluding customers who have signed a set period contract, you may cancel your service at any time by contacting us via mail or eMail. All correspondence must include your first & last name, phone number or eMail address and Customer ID. 

Chillox may terminate this Agreement or the Services for any customer at any time with or without cause, and with or without notice. Upon termination by Chillox for reason other than violation of the Anti-Spam policy, Chillox will provide the customer with a proportionate refund of the advance monthly payments which Chillox has received for the then-current month following the date of termination. Chillox does not provide partial month refunds for the then-current month. Except for such refund, Chillox shall have no liability to you or any third party because of such termination. If Chillox terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

Chillox may delete any of your archived data immediately after account termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Satisfaction Guarantee

We offer a 99.999% Uptime Guarantee!

If for any reason, you are not completely satisfied with our service, we will give you a full refund within two week of signing up and before sending/receiving a total of 1,000 messages.

• Once you have passed your two week period (14 days) or have successfully sent or received a total of 1,000 messages (whichever is sooner) no refund will be granted
• This guarantee only covers newly created accounts (not renewal or upgrades)
• If your account is terminated or disabled due to non-compliance with our Anti-Spam policy, no refund will be granted

Payment Terms

Client agrees to pay Chillox's then-current prices and fees for the Services provided by Chillox during the applicable billing period in US dollars (US$). Client hereby authorizes Chillox to charge Client's credit card for the amounts due, if that is the method of payment preferred by the Client. Chillox may change its prices and fees from time to time. Client acknowledges that some amounts due Chillox will be billed monthly and other amounts will be billed on an alternative schedule. Client further acknowledges that it is responsible for all amounts and charges, including applicable taxes and purchases made by Client or an Authorized User. An Authorized User is a person authorized and designated by Client to receive or request Services. Client agrees to notify Chillox immediately of any billing problems or discrepancies within 30 days. If Client does not provide such notice to Chillox during such 30-day period, Client agrees that it waives its right to dispute such problems or discrepancies. Additionally, if any charges are being collected by Chillox for the benefit of Client from a supplier or service provider, then Client agrees to pay Chillox for all such charges and agrees that Chillox may charge such charges to Client's credit card, if applicable. Client acknowledges that it is responsible for paying all charges (including without limitation telephone charges), applicable taxes and other fees charged to Client by third parties in connection with the provision of the Services.

Overage Billing

"Overage" is defined as usage of the services provided by Chillox to you in excess of the allocated limitation. Overages are charged for services and professional fees (administrative time) used in excess of the amount allocated to your account. 

You agree to pay the then-current overage fees and charges for the Chillox services, including overage fees, upon receipt of an invoice.
Overage charges are billed at 150% of your current rate in blocks of 1,000 recipients. 

Overage fees can be avoided by subscribing to a higher service plan.

Finance Charges and Collections

Payments are due (5) days after presentation of invoice. Should payment in full of any invoice (aside from such shortfalls) not be received by Chillox within five (5) days after presentation, Chillox will impose a debt service charge amounting to one and a half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid (18% APR). 

Failure to pay because service has been cancelled or suspended in no way relieves the Customer's obligations to make full payment. Finance charges will continue to accrue. 

If your account becomes past due, we may use a collection agency to recover the amount due. You will be responsible for all collection costs and attorney fees associated with your account.

No Warranty

Chillox MAKES NO WARRANTY REGARDING THE PRODUCTS IT PROVIDES TO CLIENT AND ALL SUCH PRODUCTS ARE PROVIDED BY Chillox "AS IS." PRODUCTS MAY BE WARRANTED BY THE MANUFACTURER OF THE PRODUCTS AS INDICATED IN THE MANUFACTURE'S LICENSE AGREEMENT. ALL WARRANTY CLAIMS MUST BE MADE TO THE MANUFACTURER AND NOT TO Chillox. Chillox DOES NOT WARRANT THAT THE SERVICES PROVIDED TO CLIENT WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES Chillox MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE PERFORMED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Chillox HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Chillox SHALL NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, INFORMATION OR PROFITS) ARISING OUT OF USE OF THE SERVICES OR PRODUCTS OR INABILITY TO USE THE SERVICES OR PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, WHETHER IN CONTRACT, TORT, BREACH OF ANY WARRANTY OR OTHER FORM OF ACTION OR LEGAL THEORY.

Intellectual Property

All content on this site is protected by United States copyright law, and may not be copied in whole or in part without the express written permission of Chillox, which reserves all rights. The reuse of any Chillox content (information, graphics, audio, coding) online or otherwise for any purpose is strictly prohibited. All materials contained on this site are protected and may not be reproduced, distributed, displayed, published, transmitted or broadcast without the prior permission of Chillox. Alteration or removal of any trademarks, copyright or other notices from copies of the content is not allowed. Permission to use Chillox content is granted on an individual basis. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.

Indemnification

Client agrees to defend, indemnify and hold harmless Chillox and its suppliers from and against any and all third-party claims, actions or demands and resulting liabilities, losses, damages, costs and expenses, (including reasonable attorneys fees) of whatever nature or kind arising out of or in connection with: (1) the use of the Services by Client or any authorized user, (2) any acts or omissions of Client or an authorized user, or any breach of a representation or warranty made by Client in this Agreement. This indemnification includes any cause of action brought against Chillox that is based in whole or in part on a claim that Chillox is negligent in relation to provision of the Services to Client or an Authorized User. Client's obligation to indemnify Chillox and its suppliers will survive the expiration or termination of this Agreement.

Jurisdiction

This site is controlled and/or operated by Chillox from its offices within the State of Maryland, United States of America. Chillox makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized Chillox logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.

Choice of Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the State or Federal courts located in Maryland, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that Chillox will fully cooperate with any law enforcement authorities or court order requesting or directing Chillox to disclose information or materials in our possession.

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, Chillox, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Credit Verification

You authorize Chillox to obtain information about your credit history as part of Chillox activation process. Chillox reserves the right to request information for approval purposes and to refuse service to any applicant for any reason.

Changes in Service

Chillox reserves the right to change the availability of or make modifications, deletions, or additions to it’s service offerings at any time without prior notice.

Policy Update

We may make changes to our policies from time to time. When we do, those changes will be reflected directly and immediately in this document. We encourage you to review our policies whenever you visit our Web site. In the event of an acquisition, sale or other change in ownership of Chillox, collected information may be transferred or disclosed to the acquiring party. 

This policy was last updated on December, 21 2010.