1.1 These terms and conditions constitute an agreement between SpamDrain AB (“The Company”) and it’s customers (“Customer”) containing the terms and conditions for registration, subscription and use of SpamDrain (“SpamDrain”). SpamDrain is a web based anti spam service, provided at spamdrain.net and it’s sub domains (spamdrain.com, www.spamdrain.net etc) (the “Website”). The Customer may register individual physical users (“Users”) that shall use SpamDrain.
1.2 SpamDrain is an easy-to-use, intelligent web based anti-spam service that stops spam and email-borne viruses before they get to the computer inbox, mail server, phone or other device used to check mail.
1.3 Details of how SpamDrain works and the functions it offers can be found on the Website.
2 Description of SpamDrain
2.1 SpamDrain scans all incoming e-mails using various methods in order to determine if an individual e-mail is spam or not.
2.2 The Company offers different versions of SpamDrain to Customers. The content and services included in each version of SpamDrain is further described on the Website. The Company may from time to time change the versions of SpamDrain or add new versions.
2.3 The subscription period for SpamDrain is either one year or monthly depending on the individual agreement between The Company and the Customer. In case of one year subscriptions The Company will send a renewal offer to Customers one month prior to the expiry of the subscription period. In case of monthly subscriptions the Customer shall terminate the subscriptions two weeks prior to the expiry. The subscription is automatically extended for another period unless terminated in accordance with the above.
If the Customer has subscribed to SpamDrain via a retailer or via a seller of applications to mobile phones (such as but not limited to Apple
App Store) the terms and conditions for the subscription applied by the retailer shall apply.
2.4 With a basic SpamDrain setup every e-mail received to Users’ online e-mail account is continuously monitored and cleaned from spam and viruses.
Users may, beside the basic setup choose to subscribe to domain filtering, as described on the Website, where all e-mails to the Customer’s domain are routed through The Company’s servers where spam and viruses are filtered out and the real e-mails are then delivered to the original mailserver of the Customer. In order to subscribe to domain filtering the Customer must update the domain’s information in the DNS system so that SpamDrain’s servers are indicated as Mail Exchanger (MX).
2.5 SpamDrain will send Users a report in the format and with the interval chosen by the Users showing the blocked messages with the highest chance of being actual e-mails. E-mails stopped by SpamDrain can be retrieved via links in the SpamDrain report.
2.6 Users can always log in to their SpamDrain Dashboard on the web and check for e-mails that have been stopped or filtered by SpamDrain.
2.7 Users may, at their own risk, collect mails that have been blocked by SpamDrain.
2.8 Users may report to The Company mail that the Users consider being spam. The Company will use such reports to improve the filtering capability of SpamDrain.
2.9 The Company will keep filtered messages for a period of 60 days from the e-mail was filtered after which it will be automatically deleted.
2.10 The Company has the right to view and analyse the content of filtered messages for the purpose of rectifying problems or improving SpamDrain.
3 Creating an Account to use SpamDrain
3.1 In order to create a user account, Users are required to complete a registration process where the user shall provide The Company with the requested information. Registration is made on the Website, in mobile phone apps or by use of API provided by The Company. Users have to provide complete and correct information about them and also undertake to at all time keep this information updated.
3.2 In order to use the SpamDrain service provided on the Website, Users need to provide mail address, username and password to each mailbox or domain that shall be protected by SpamDrain.
4 Addition of e-mail addresses to be covered by SpamDrain
4.1 The Customer may during the term add email accounts, domains and Users during an ongoing agreement period. Such orders shall be placed in accordance with the provisions stated on the Website.
5.1 The Customer shall pay for the SpamDrain subscription including any surcharges in accordance with the applicable The Company price lists supplied on the Website.
5.2 Payment shall be made in advance for each 12 months subscription period or monthly. Payment shall be made by using any of the payment methods from time to time indicated on the Website.
5.3 In case payment is made by invoice or otherwise as a subsequent payment The Company is entitled to charge penalty interest on arrears according to law.
6 Responsibility of the Users
6.1 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.
6.2 Users are responsible for ensuring that blocked messages are examined. Users examine blocked messages by logging into the Website and go to the SpamDrain Dashboard to check for e-mails that have been stopped or filtered by SpamDrain.
6.3 Users may not use the user account for illegal purposes or in other ways which may harm, inactivate, overload or impair The Company’s servers or networks, or interrupt other parties use and enjoyment of SpamDrain. The Company reserve the right to take legal and technical action to prevent any crime or to enforce these terms and conditions.
7 Limited warranty
7.1 SpamDrain is provided “as is” without any warranties of any kind, express or implied, and is used totally at the risk of Users.
7.2 No anti spam service can guarantee a 100 percent detection rate. The Company does not accept any liability for any losses or damage which is resulting from the failure of SpamDrain to detect spam or incorrectly classifying a legitimate e-mail as spam. The Company 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) SpamDrain or the Website.
7.3 The Company 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.
7.4 The Company 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.
8 Personal Data
8.1 The Company stores and processes personal data with the purpose of providing, administering and controlling the use of SpamDrain. The Company is the data controller.
8.2 By applying for a user account, Users consents to The Company processing its personal data.
8.3 In addition, Users agree that The Company may now or in the future disclose personal data to companies within the same group as The Company to the extent this is necessary to provide, administer and control use of SpamDrain. The Company will not disclose any personal data to other companies.
8.4 The Customer is aware and consents to anonymous statistics based on the results of Users email management being compiled and analysed by The Company. These statistics will be used by The Company to improve the Service and report statistics in diagram form on the Website. The statistics will be used exclusively by The Company.
9 The service
9.1 SpamDrain is provided by The Company on a twenty-four hours per day by seven days per week basis.
9.2 When using domain filtering and SpamDrain fails to deliver the e-mails to the mail server of the Customer, SpamDrain will store the e-mails for two days pending delivery.
When using the basic setup of SpamDrain and SpamDrain fails to connect or log in using the information provided by Users, The Company will, after a period of time that The Company finds suitable, i.e. 6 to 24 hours, notify Users and stop further attempts to access the account until the Customer has taken action and updated its settings.
10.1 The Company aims to supply SpamDrain continually with as high a level of quality as possible and to keep the systems used up to date. The Company and its business partners therefore perform maintenance on SpamDrain and any related hardware and software.
10.2 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). It is the ambition of The Company to carry out the planned maintenance without affecting SpamDrain.
10.3 When emergency maintenance is necessary and when it will likely affect SpamDrain, The Company will endeavor to, if possible, inform its customers by posting information on the Website within one hour of the start of the emergency maintenance.
11 Technical support and customer service
11.1 If included in the service subscribed to by the Customer The Company will between 9 am and 4 pm (Central European Time) workdays provide technical support to the Customer for problems with SpamDrain.
11.2 If included in the service subscribed to by the Customer The Company will between 9 am and 4 pm (Central European Time) workdays provide customer service to receive and process orders for the provision of SpamDrain and to respond to billing and invoice questions.
12 Amendments to these Terms and conditions
12.1 The Company reserve the right to amend these terms and conditions after reasonable notice to Customers. Notices about such amendments will be posted on the Website. Customers and Users are obliged on a regular basis to read these terms and conditions and any other terms posted on the Website.
13.1 Customers and Users agree that The Company may send in electronic form notifications regarding SpamDrain. The Company may send electronic notifications (1) to the email address provided upon registration, or (2) by posting the notification on the Website. A notification from The Company is deemed applicable two days after it was sent or posted.
13.2 If Users have any comments or complaint about any of the services, the User shall contact customer service via the Website.
14.1 If the Customer or a User breach any of the provisions in this agreement, The Company is entitled to terminate the agreement with immediate effect and terminate all User accounts.
14.2 In addition to The Company’s right to terminate the agreement as above, The Company reserves the right, without prior notice, to terminate user accounts if it has been inactive for more than 6 months.
15.1 The Company is entitled, at any time without prior notice, to assign this agreement. Customers are not entitled to assign this agreement to any other person.
16.1 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.
17 No Waiver
17.1 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.
18 Appropriate Court and Applicable Law
18.1 Disputes arising from this agreement shall be settled in a general court of law by applying Swedish law.