Terms and Conditions Contract

Eligibility

To be eligible for Mail Cruncher service and a 60 day risk-free trial, you must be authorized to control the domain name you are requesting service for and have access to DNS mail exchanger (MX) records for the domain.

Any person or company affiliated with anyone on the ROKSO Spamhaus list is not eligible for a Mail Cruncher 60 day risk-free trial, and any person or company affiliated with anyone on that list must not attempt to engage Mail Cruncher services.

This Terms and Conditions contract is a legal agreement between you (either an individual person or a single legal entity, who will be hereinafter referred to as "Customer") and FullScaleCommerce.com incorporated ("Mail Cruncher").

Payment Terms

Automated electronic payment is required prior to the service period on the anniversary date of start of service. Service periods may be monthly, quarterly or yearly.

Service Requirements

Customer agrees that Mail Cruncher will process the inbound email messages for the domain specified at time of sign up. Processing may include one or more of the following: adding header lines, subject modification, rejection of mail for unknown users, message store, POP3 and or IMAP and or webmail services, mail exchanger gateway services. Customer will provide Mail Cruncher with authorized access to personnel who control DNS records for domain specified at time of sign up, or will authorize Mail Cruncher to directly control DNS records.

Warranty

Mail Cruncher does not warrant that the product will meet your requirements, or that the operation of products will be uninterrupted or error-free.

Mail Cruncher does not warrant that the product will operate properly on a given hardware platform, even if that platform meets or exceeds all listed requirements for the product.

The warranties on Mail Cruncher products are exclusive and no other warranty, whether written or oral, is expressed or implied. Mail Cruncher specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.

Limitations of Remedies and Liability

Mail Cruncher will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.

Mail Cruncher shall not be liable for any damages resulting from or in connection with the use of the Program in any application where the failure or inaccuracy of the Program might result in death or personal injury. Customer agrees to indemnify and hold harmless Mail Cruncher from any claims, loss, cost, damage, expense, or liability, including attorney's fees, arising out of or in connection with such use.

Mail Cruncher has no obligation for any claim of infringement arising from:

Mail Cruncher’s compliance with any designs, specifications, or instructions of the Customer.

modification of the product by Customer or a third party

use of the product in a way not specified by Mail Cruncher

use of the product with products not approved or supplied by Mail Cruncher

In NO event will Mail Cruncher be liable for the loss of data or for direct, accidental, special, incidental, consequential (including lost profit), or other damage whether based in contract, tort, or otherwise.

Jurisdiction

The construction, validity and performance of this Contract shall be governed by and submitted to the laws of the State of Rhode Island in the United States of America.

NOTE: Do not sue us if your coffee is too hot.