Last Updated: 2025-01-01
These Terms and Conditions (“Terms”) govern the use of the email hosting services (the “Services”) provided by Creative Link Inc (“we,” “us,” or “our”) to you or the entity you represent (“you” or “your”). By subscribing to or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
1. Definitions
1. Services: The email hosting services provided by Creative Link Inc, including but not limited to mailbox hosting, spam filtering, and any related services or support.
2. User Content: Any emails, attachments, messages, data, text, software, or other materials transmitted, stored, or otherwise used by you in connection with the Services.
3. Account: The individual or business customer account established for access to and use of our Services.
2. Provision of Services
1. Service Availability: We will use reasonable efforts to ensure that the Services are available at all times. However, we do not guarantee that the Services will be uninterrupted, error-free, or completely secure.
2. Maintenance and Updates: We reserve the right to perform maintenance and apply updates to the Services as needed. In doing so, we will use reasonable efforts to minimize disruption to your access to and use of the Services.
3. Service Modifications: We may change, suspend, or discontinue any aspect of the Services or impose limits on certain features and functionalities at any time, without prior notice or liability, provided that such modifications do not materially degrade the Services already offered to you.
3. Eligibility and Account Responsibilities
1. Eligibility: You represent and warrant that you have the legal capacity to enter into these Terms, and that your use of the Services does not violate any applicable laws or regulations.
2. Registration Information: You agree to provide accurate, current, and complete information when creating your Account. You are responsible for updating your Account information to ensure its accuracy and completeness.
3. Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including passwords, and for all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account or other security breaches.
4. Acceptable Use
1. Lawful Purposes Only: You agree to use the Services solely for lawful purposes and in a manner consistent with these Terms, applicable laws, and regulations.
2. Prohibited Conduct: You shall not:
• Use the Services to send spam or other unsolicited bulk emails;
• Use the Services to distribute or transmit illegal, harmful, abusive, defamatory, or obscene materials;
• Engage in any conduct that could impair or harm the Services or interfere with any other party’s use of the Services;
• Use the Services to create or transmit any form of malware, viruses, or other destructive computer code;
• Violate or infringe any third-party rights, including intellectual property or privacy rights.
3. Email Policies: We reserve the right to apply spam and malware filtering measures. We may temporarily or permanently suspend or terminate accounts involved in spam, phishing, or malicious activities without notice.
4. Content Responsibility: You are solely responsible for all User Content transmitted, stored, or otherwise processed via your Account, including compliance with any applicable data protection or privacy laws.
5. Data Protection and Privacy
1. Privacy Policy: Your use of the Services is also governed by our <a href="https://client.creative.link/knowledge-base/article/privacy-policy">Privacy Policy</a>, which describes how we collect, use, and protect your personal information.
2. Data Processing and Compliance: We will use appropriate technical and organizational measures to safeguard any personal data processed under these Terms. You must comply with all applicable data protection and privacy laws, including obtaining all necessary consents for the transmission and storage of personal data.
3. Data Retention: We do not guarantee the retention of any data for a specific period unless otherwise required by law. You are responsible for maintaining backups of your data and email communications.
6. Intellectual Property
1. Ownership: We (and/or our licensors) own all intellectual property rights in and to the Services, including but not limited to software, code, and other materials. No rights are granted to you other than as expressly set forth in these Terms.
2. Trademarks: The names, logos, and other trademarks or service marks associated with Creative Link Inc are our property (or licensed to us) and may not be used by you without our prior written consent.
7. Fees and Payment
1. Fees: You agree to pay all applicable fees associated with your chosen email hosting plan, as indicated on our website or in your order form, plus any applicable taxes.
2. Billing Cycle: Fees will be billed according to the schedule specified upon sign-up (e.g., monthly or annually). Payment is due in advance for each billing cycle.
3. Late Payment: If you fail to pay fees by the due date, we reserve the right to suspend or terminate your access to the Services. You will be responsible for any collection costs incurred by us, including reasonable attorneys’ fees.
4. Refunds: Except as required by law, we do not provide refunds or credits for partial use or periods of inactivity. Any applicable refund policies will be outlined on our website or in your service agreement.
8. Suspension and Termination
1. Suspension: We may, at our sole discretion, suspend or restrict your access to the Services if we reasonably believe that:
• You violate these Terms or any applicable law;
• Your use of the Services poses a security threat or could adversely impact our network or other users;
• You fail to pay any overdue fees within a reasonable period.
2. Termination by You: You may terminate your Account at any time by giving notice according to the instructions provided in your Account settings or by contacting us directly.
3. Termination by Us: We may terminate your Account for convenience by providing you with thirty (30) days’ written notice or immediately for cause if you materially breach these Terms.
4. Effect of Termination: Upon termination, your right to access and use the Services immediately ceases. We have no obligation to retain or forward any emails or data in your Account, except as required by law. It is your responsibility to back up your data prior to termination.
9. Disclaimer of Warranties
1. As Is: The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. No Guarantee: We do not guarantee that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any errors will be corrected.
10. Limitation of Liability
1. Indirect Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits or data, arising out of or in connection with these Terms or the use of the Services.
2. Cap on Liability: Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amount paid by you for the Services in the six (6) months preceding the event that gave rise to the claim.
3. Exceptions: Nothing in these Terms shall exclude or limit our liability to the extent that it cannot be lawfully excluded or limited under applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Creative Link Inc, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
1. Your use of the Services;
2. Any User Content you transmit or store through the Services;
3. Any violation of applicable laws, regulations, or third-party rights; or
4. Your breach of these Terms.
12. Force Majeure
Neither party shall be liable for failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, strikes, embargoes, government orders, or any other force majeure event.
13. Confidentiality
Any non-public information provided by one party (“Disclosing Party”) to the other (“Receiving Party”) in relation to the Services that is designated as confidential or that should reasonably be understood as confidential, shall be used solely for the purpose of performing obligations under these Terms. The Receiving Party shall protect such information with the same degree of care it uses to protect its own confidential information, but not less than a reasonable degree of care.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the revised Terms on our website and updating the “Last Updated” date. Your continued use of the Services after such revisions become effective constitutes your acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Colorado, without regard to its conflict of laws principles.
2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by the competent courts of Colorado, unless otherwise agreed in writing by the parties.
16. General Provisions
1. Entire Agreement: These Terms, together with our Privacy Policy and any other documents referenced, constitute the entire agreement between you and us regarding the Services.
2. Severability: If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
3. Waiver: No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of any such right or remedy.
4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part at any time without notice.
5. Notices: All notices under these Terms shall be in writing and shall be deemed given when delivered personally or by a reputable courier service, or when sent by email to the email address associated with your Account (for notices to you) or to [email protected] (for notices to us).
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.