Introduction

This EmailInABox Email Terms of Service agreement ("Agreement") is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of EmailInABox email hosting services powered by Tyga.Email ("Services") delivered by Tyga.Cloud Ltd. In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf.

By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy posted in the Legal section of EmailInABox website. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions and notices.

General Use Statements

1. Account Start-Up

You expressly understand that the Services require to be linked to a domain name to be operational. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights. We may render assistance with the Services account start-up if a corresponding timely request is submitted to the EmailInABox Support department.

2. Usage Limitations and Account Provisions

You acknowledge that EmailInABox may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on EmailInABox servers.

You agree that EmailInABox is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that EmailInABox retains the right to change these general practices and limits at any time in accordance with the 'Modification Terms' section of this Agreement below.

Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.

Email Sending Limits

You acknowledge and understand that Your account is limited in outgoing emails to the following number of emails:

We may decrease this limit, at our sole discretion, should we suspect abuse and/or by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. EmailInABox may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will EmailInABox be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Additional Limitations

• Recipients limits: Any email sent from EmailInABox is limited to having 50 recipients in TO, CC, and BCC fields simultaneously.
• Calendar appointments: Maximum of 250,000 calendar appointments
• Address book contacts: Maximum of 250,000 contacts
• File storage: Maximum of 250,000 files in drive
• ActiveSync display: Maximum of 90 days of emails and 1,800 emails via ActiveSync
• Folder limit: Maximum of 10,000 folders can be displayed
• Quota limit: 2GB per hour per domain to ensure fair usage and prevent abuse

3. Storage and Security

You are responsible for security of Your password. EmailInABox will not change passwords to any account without proof of identification, which is satisfactory to EmailInABox, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that EmailInABox will remain neutral and may put the account on hold until the situation has been resolved.

At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account.

4. Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.

EmailInABox shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. Under no circumstances will EmailInABox be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services.

5. Backups

EmailInABox servers are backed up daily and are stored for 14 days. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account content and information.

If loss of data occurs due to an error of EmailInABox, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, EmailInABox may attempt to recover the data from the most recent archive.

User Obligations and Preventative Measures

By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of "Netiquette". We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this EmailInABox Email Terms of Service agreement.

1. Prohibited Activities

By using any Services provided by EmailInABox You agree not to misuse the Services. For example, you must not and must not attempt to:

• Violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government
• Make, attempt or allow any unauthorized access to EmailInABox website, servers, Your own account or the account of any other customers
• Cause denial of service attacks, port scans or other endangering and invasive procedures against EmailInABox servers and facilities
• Upload or transmit unacceptable material including IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of controlled substances
• Engage in actions that cause harm to EmailInABox or other customers, including blacklisting IPs or causing DDOS attacks
• Violate the Ryan Haight Online Pharmacy Consumer Protection Act or promote sale of prescription medication without valid prescription
• Probe, scan, or test the vulnerability of any system or network
• Breach or circumvent any security or authentication measures
• Interfere with or disrupt any user, host, or network by sending viruses or overloading services
• Plant malware or use the Services to distribute malware
• Access or search the Services by unauthorized means
• Publish anything that is fraudulent, misleading, or infringes another's rights
• Promote or advertise products or services without appropriate authorization
• Impersonate or misrepresent your affiliation with any person or entity
• Publish materials that are unlawfully pornographic, indecent, or advocate hatred
• Violate the law in any way, violate privacy of others, or defame others

EmailInABox reserves the right to refuse service to anyone upon Our discretion. Any material that in EmailInABox judgment is either obscene or threatening is strictly prohibited and will be removed from EmailInABox servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

Payment Terms

1. Payment Cycle

Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, EmailInABox will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current EmailInABox rates.

2. Renewal Terms

All fees for the Services shall be in accordance with EmailInABox fee schedule then in effect, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.

Prior to the expiration date of the Services, You will have the option to renew Your subscription using EmailInABox's automated processing system. EmailInABox will notify You several times that the Services are about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details.

3. Failed Renewal Fees and Service Restoration

If the outstanding balance is not paid by You within 30 days after the billing date of Your Service EmailInABox reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service the outstanding balance is to be remitted in full.

For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

Cancellation and Refund Terms

1. Termination Policy

The initial term of Your Agreement with EmailInABox shall be as set forth in Your Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with EmailInABox shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.

This Agreement may be terminated: (i) by You by submitting a cancellation request via the support system at least three (3) working days before the Service is due to renew; or (ii) by EmailInABox at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon EmailInABox or could disrupt EmailInABox business operations; or (iv) by EmailInABox if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and EmailInABox.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that EmailInABox may take control of any domain name associated with the terminated Services, provided such domain name was registered through EmailInABox domain name registration.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs EmailInABox incurs in closing Your account. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, EmailInABox may delete all information related to You on the Services.

2. Refund Policy

Unless this Refund Policy specifically provides for a refund, all fees for private email hosting and related Service(s) are non-refundable, in whole or in part, even if your private email hosting Service(s) are suspended or terminated prior to the end of your then-current contract term.

New purchase or renewal of a paid EmailInABox service may be refundable, at the sole discretion of EmailInABox, if you, the account holder, contact us to cancel the EmailInABox subscription for a valid reason and the cancellation is requested within 14 days after the charge.

Modification Terms

EmailInABox reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes EmailInABox may reasonably make to this Agreement when such changes are made. If You have purchased Services from EmailInABox, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services.

By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that EmailInABox shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.