SuperDuperMail Terms of Service – Understand Our Policies & Commitments

Welcome to SuperDuperMail!

Thank you for your interest in the SuperDuperMail Service. The SuperDuperMail Service is designed to maximize your privacy and keep you in control of your personal data. We at SuperDuperMail care about your rights. We assume that you do too. Therefore, please take a moment to read our Terms of Service carefully. We have done our utmost to make them as easy to read as possible and to provide you with all the information you need.

Definitions

At the end of this document you will find the definitions of the words in this agreement...

Our Agreement

In order to create your Account you will be asked to accept these Terms of Service and our Privacy Policy. Your acceptance is required to conclude an Agreement with us to become a User of the SuperDuperMail Service. In addition, merely using the SuperDuperMail Service shall also constitute your consent to these Terms of Service and our Privacy Policy. Therefore, these Terms of Service at all times govern the use of the SuperDuperMail Service and form an integral part of the Agreement between SuperDuperMail and each User.We advise you to save a copy of these Terms of Service locally or print them. Any terms and conditions or exceptions put forward by you will not form part of the Agreement, unless we have explicitly accepted them in writing.

Signing up for your SuperDuperMail Account

During the sign-up process you will be asked to register an e-mail address, e.g. [email protected], and a password for your Account. If the e-mail address you have chosen is not available, you must choose another e-mail address, which is available. Your password must meet the safety requirements as indicated in the sign-up process. The name which you provide for your Account does not necessarily have to be your real name, but you explicitly accept all responsibility and full liability for any damages, claims or other consequences that may arise as a result of signing up under a fictitious or pseudonymous name. In order to complete the sign-up process you must complete all mandatory fields on the form. Once your order has been successfully submitted, you will be given access to your Account when you log in with the e-mail address and password you have chosen. During the sign-up process you may be informed of certain promotional offers, such as the possibility to try SuperDuperMail for free for a certain period. All applicable details and terms and conditions relating specifically to such promotional offers will be provided to you during the sign-up process when such a promotional offer applies. After signing up, you may change your password at any time by using the available option in your Account Settings. You can only access the Settings feature while you are logged into your Account.

Confirmation and communication about your SuperDuperMail Account

Once you have successfully signed up, we will send an automatic welcome message to the inbox of your new SuperDuperMail Account...

Duration

Unless otherwise stated in the Agreement, the Agreement is valid for an indefinite period. For the terms and conditions for termination, please review the relevant sections below.

Cooling off period

Within the sign-up process, by agreeing to these Terms of Service you also agree to receive the SuperDuperMail Service right after signing up, and therefore no cooling off period shall apply. The cooling off period is a legal right for consumers in Europe, to cancel an agreement concluded online, if certain criteria are met. If the consumer agrees to receive the service immediately, no cooling off period will apply.

Authorized access

The SuperDuperMail Service may only be used by authorized Users, who provide Login Details. You agree and understand that you are responsible for maintaining the confidentiality of your Login Details, and that it is your responsibility to remember them. SuperDuperMail uses secure hashing methods in accordance with industry best practices, in order to store key material safely. SuperDuperMail supplies additional details about its hashing methods and other security measures in its security white papers. In order to keep up with technological developments, SuperDuperMail may decide at any moment to update its security practices and white papers. SuperDuperMail may assume that someone logging onto the SuperDuperMail Service using the Login Details actually is the User. After access has been obtained to the SuperDuperMail Service through the User's Login Details, the User bears the full responsibility and risk for all subsequent activities undertaken in the SuperDuperMail Service (including the Account). In the event of any known or suspected misuse or compromise of the Login Details, the User must notify SuperDuperMail immediately at [email protected] so that the latter can take action. If SuperDuperMail becomes aware that the User's Login Details have been divulged to unauthorized third parties, SuperDuperMail will try to notify the User and take suitable action. If you have provided us with a Recovery E-mail Address or opted to receive a Recovery Code, you have the ability to set a new password in the event you have lost your current password and are unable to log into the SuperDuperMail Service. WARNING: IF YOU FORGET YOUR PASSWORD AND HAVE NOT SUPPLIED US WITH A RECOVERY E-MAIL ADDRESS AND HAVE NOT OPTED TO RECEIVE A RECOVERY CODE, THERE IS NO WAY WE CAN ENABLE YOU TO REGAIN ACCESS TO YOUR ACCOUNT. THIS IS AN INTENTIONAL SECURITY FEATURE AND NOT A BUG. SuperDuperMail CANNOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR LOSS OF OR FAILURE TO REMEMBER YOUR PASSWORD. Please read our security white papers for more information about our security measures.

Terms of use

We have designed the SuperDuperMail Service around the principle that your e-mail is your business and nobody else's, including ours. The privacy that we provide to you through the SuperDuperMail Service does not place you above the law, and it must not be abused. You are prohibited from using the SuperDuperMail Service to break the law or violate anyone's legal rights. Activities that are absolutely not tolerated by SuperDuperMail include the sending of Spam, the purchase or sale of stolen goods, making threats to person or property, possession or distribution of child pornography, and fraud. SuperDuperMail may immediately terminate the Agreement and delete the Account in the event of a violation of the Terms of Use, and retain any evidence or information relevant to this decision. In the event of such termination, SuperDuperMail will notify the User by means of the Recovery E-mail Address, if one was previously set.

Measures against Spam and excessive outgoing e-mails

Sending Spam through the SuperDuperMail Service is prohibited. In order to block Spam and to mitigate the risk that SuperDuperMail could be blacklisted by other e-mail providers or their spam filters, which may cause severe adverse effects for all Users of the SuperDuperMail Service, we limit the number of messages that can be sent during a given time period. Consequently, if you send too many messages in a short time, your outgoing messages may be blocked, even if your messages are not unsolicited and do not strictly qualify as Spam, as defined in the definitions section below. When your outgoing messages are blocked for this reason, you will be informed via a warning message. If we find that you are sending excessive amounts of messages often or regularly, compromising the ability of other Users to enjoy the SuperDuperMail Service fully, we may suspend or terminate your Account, after we have issued at least one warning to you. In order to safeguard the effectiveness of our measures against Spam and excessive outgoing messages, we cannot provide full details of the measures we employ, nor the exact limitations caused by these measures. Our measures against Spam and excessive outgoing messages should not affect normal, average use of the SuperDuperMail Service. If you experience that your legitimate (and not excessive) e-mails are not being sent or received properly, or that our anti-Spam measures may otherwise impair your legitimate use of the SuperDuperMail Service, please inform us as soon as possible through [email protected]. Please include as much technical information as possible indicating that the problems are due to our systems and are not caused by other links in the Internet communication chain which are beyond our control.

Compliance with legitimate requests by authorities

While we respect and try to protect your privacy to the best of our abilities, your use of SuperDuperMail does not place you above the law. But neither do we place authorities above the law. If we receive a request by Dutch judicial authorities to hand over information about one of our Users, we will have our lawyers check the validity of the request and determine whether we are obliged to comply. We will NOT comply with such requests unless we are convinced that the request is legally valid and we believe it is undeniably our legal obligation to comply. We will not comply with requests from any authorities other than Dutch authorities. If we receive a request from any foreign government, we will refuse to comply and will instead refer the requestor to place a formal request to the Dutch authorities for mutual assistance. SuperDuperMail will never cooperate with any voluntary surveillance programs. Under the strong current laws that protect the right to privacy in Europe, European governments cannot legally force service providers like SuperDuperMail to implement a blanket spying program on their users. Should that ever change, we will use all methods at our disposal to resist.

Requests by private third parties

We will not comply with any requests from private third parties to provide information about our Users, unless we would receive a valid Dutch court order to such effect.

Support Center

The User can report disruptions and ask questions in the manner indicated by SuperDuperMail on the Website. SuperDuperMail will try to respond to such questions properly and within a reasonable term, but cannot offer any guarantees in this respect. Information regarding the use of the SuperDuperMail Service is provided to the User through the Support Center on the Website. The User is expected to read the information available there first, before submitting a question via [email protected].

Updates

SuperDuperMail may modify the software of the SuperDuperMail Service as the occasion arises in order to improve functionality and rectify errors. These changes may be made without prior notice to you. Because the SuperDuperMail Service is offered to multiple Users, it is not possible to omit a modification for a single User. SuperDuperMail is not liable for compensation for any loss incurred as a result of the modification of the SuperDuperMail Service.

Availability and maintenance

We strive to provide uninterrupted and optimal availability of the SuperDuperMail Service, but we do not offer any guarantees thereof, unless otherwise agreed by means of a Service Level Agreement concluded to that effect. SuperDuperMail reserves the right to deactivate the SuperDuperMail Service temporarily for maintenance, modification or improvement of the Service and the web servers of SuperDuperMail. SuperDuperMail will attempt to ensure that temporary deactivation of SuperDuperMail Service causes as little disruption as possible to Users. Under no circumstances will SuperDuperMail be liable to pay any compensation for any damage sustained by the User due to the Service being deactivated for maintenance purposes.

Backup

Multiple Backups are made daily of all Accounts, with a maximum interval of one hour between each backup. SuperDuperMail determines the execution time of the backups. Data stored in backup form is retained for no longer than three days. In addition to relying on the emergency backup system of our infrastructure, you may choose to also store your own local copies of your data, or not. If your Account is terminated in accordance with these Terms of Service, we may permanently delete your data from our servers. We have no obligation to return data to you after the Agreement between you and us is terminated.

Data extraction

Users are enabled to retrieve and store their full inbox, or parts thereof, locally via IMAP.

Security

SuperDuperMail uses extended validation SSL certificates to securely transmit data and communications on the Website and via the SuperDuperMail Service. Please read our security white papers for more detailed information about our security measures.

Personal details

SuperDuperMail processes personal details solely in accordance with the Privacy Policy, which can be found at: https://www.SuperDuperMail.com/privacy/.

Prices and payment

To use the SuperDuperMail Service, a User must first pay SuperDuperMail the applicable fee indicated in the Agreement. Paying the fee up front gives the User the right to access and use the SuperDuperMail Service for the time period indicated in the Agreement. For example: the Agreement states that the User shall pay a certain amount per year. The User must pay this amount up front and shall then receive access to the SuperDuperMail Service for one (1) year, starting from the moment on which SuperDuperMail receives payment. SuperDuperMail may from time to time apply certain promotional offers giving you the option to create an Account and use the SuperDuperMail Service for free for a certain period, or charge your payment method only after you have had the option to try the SuperDuperMail Service for a certain period with the option to cancel your subscription for any or no reason. The specific details and terms and conditions of such promotional offers are specified during the sign-up process. All prices stated by SuperDuperMail are inclusive of applicable turnover tax (VAT) and other levies imposed by the government.

EXCLUSION OF WARRANTIES

SuperDuperMail PROVIDES THE SuperDuperMail Service AND THE WEBSITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SuperDuperMail DISCLAIMS ANY IMPLIED WARRANTIES OR REPRESENTATIONS. SuperDuperMail EXPRESSLY DOES NOT REPRESENT OR WARRANT THAT THE SuperDuperMail Service WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES IS SuperDuperMail LIABLE FOR ANY INDIRECT DAMAGE SUSTAINED BY THE USER OR THIRD PARTIES, INCLUDING CONSEQUENTIAL DAMAGE, LOSS OF TURNOVER, AND IMMATERIAL DAMAGE. THE LIABILITY OF SuperDuperMail AGAINST THE USER, ON WHATEVER GROUND (INCLUDING FAILURE TO COMPLY WITH A WARRANTY OBLIGATION), SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY THE USER, UP TO A MAXIMUM OF € 500.00 (FIVE HUNDRED EURO), EXCLUDING VAT, WHEREBY A SERIES OF CONNECTED EVENTS SHALL BE CONSIDERED A SINGLE EVENT. THE USER INDEMNIFIES SuperDuperMail AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES IN RESPECT OF COMPENSATION OF DAMAGE, COSTS OR INTEREST IN CONNECTION WITH THE USER'S USE OF THE SuperDuperMail Service. THE PRECEDING SUBSECTIONS OF THIS ARTICLE DO NOT APPLY IF AND INSOFAR AS AN INTENTIONAL ACT OR OMISSION OR WILFUL RECKLESSNESS ON THE PART OF THE MANAGEMENT OF SuperDuperMail CAUSED THE DAMAGE IN QUESTION.

Force Majeure

SuperDuperMail will not be obliged to comply with any obligation towards the User if it is prevented from doing so as a result of a circumstance over which it has no control. In the event of such a situation involving Force Majeure -- which in any event includes disruptions in the telecommunications infrastructure, Internet, domestic disturbances, mobilization, war, traffic congestion, strikes, lockouts, import and export restrictions, business interruptions, supply delays, fire, flood and breaches by suppliers on whom SuperDuperMail is dependent in the performance of an Agreement -- the performance of the Agreement may be suspended without that leading to any obligation to pay compensation. If a situation involving Force Majeure prevents compliance for longer than two months, either Party will be entitled to terminate the Agreement immediately without that giving rise to any obligation to pay compensation.

Intellectual property rights

SuperDuperMail (or its licensors) retain all legal right, title and interest in and to the SuperDuperMail Service and the SuperDuperMail Website. This includes any intellectual property right subsisting in the SuperDuperMail Service, the Website and any part thereof. You acknowledge these rights and agree to respect them at all times. The e-mail messages which Users may send using the SuperDuperMail Service (including header, body text and attachments) are not the property of SuperDuperMail, nor does SuperDuperMail claim any right thereto, or accept any responsibility towards the content thereof. The Agreement grants the User a personal, worldwide, non-assignable and non-exclusive right to use the SuperDuperMail Service. Unless otherwise agreed by means of a separate agreement, "use" shall not mean to reproduce, duplicate, copy, sell, trade or resell.

Termination by the User

Any User can terminate the Agreement by clicking a button or link within the SuperDuperMail Website containing "Terminate Account" or words of a similar nature and meaning. A User may terminate the Agreement in this way at any time and without stating any reasons or grounds for doing so. Terminating the Agreement does not constitute or create the right to ask for repayment or refund of (all or part of) the subscription fee for the period during which the Agreement would otherwise have remained valid. When an Agreement is terminated by a User, all data contained in the Account, including all e-mails, is immediately deleted permanently. Only the backup will remain for the maximum retention period of three days, as described in the Backup section above. The User has no right to obtain or gain access to data stored in this temporary backup after termination.

Definitions (2)

Account: the User's personal email boxes, contacts and settings associated with one SuperDuperMail e-mail address.
Agreement: any agreement that is concluded between SuperDuperMail and the User that is subject to these Terms of Service.
Login Details: the details, such as e-mail address and password, which must be entered to gain access to the SuperDuperMail Service.
Party: a party to the Agreement, either SuperDuperMail or the User.
Settings: the menu accessible in the SuperDuperMail Service, providing certain options to Users.
Spam: unsolicited e-mail messages for commercial or charitable purposes for which the receiver has not "opted in," meaning the receiver has not given his prior (informed) consent to receiving such messages from the sender. "Spam" in these Terms of Service should be understood in context of the legal provisions within the applicable jurisdiction(s) regarding unsolicited electronic messages.
Recovery Code: a code securely generated by SuperDuperMail which can be used by the User to access an Account when the password for the Account has been lost.
User: a natural person or legal entity that concludes an Agreement with SuperDuperMail to use the SuperDuperMail Service. A User is also referred to by the word "you" in this document, since we assume that those who take the time to read these Terms of Service are Users or will shortly become Users.

Contact Us

If you have any questions, complaints or comments regarding our Terms of Service, please email us at [email protected].