Last Updated: 2024-06-13

This website at openport25.com (the “Site”) is owned and operated by OpenPort25 LLC.(“OPENPORT25”). Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the “OpenPort25 Terms of Service”).

OpenPort25 operates and provides SMTP services to users who register with us to send email data from our SMTP servers (collectively, the “Service”). By using the Service, you agree to be bound by the OpenPort25 Terms of Service and shall comply with our Acceptable Use Policy (“AUP”). OpenPort25 may display Recipient’s logo on its website and identify Recipient as a customer in marketing literature. These OpenPort25 Terms of Service apply only to the Service described in this document, and not any other OpenPort25 service.

OpenPort25 reserves the right to amend the OpenPort25 Terms of Service at any time. We suggest that since you are bound by the OpenPort25 Terms of Service, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the OpenPort25 Terms of Service, do not use this Site or the Service. If at any time you have any questions or doubts as to whether your use may contravene the OpenPort25 Terms of Service, please contact OpenPort25 at support@openport25.com before engaging in such activities.

Registration

If you elect to sign-up for the Service, you will be registering with OpenPort25 on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If OpenPort25 has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, OpenPort25 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). OpenPort25’s use of any personally identifiable information you provide to OpenPort25 as part of the registration process is governed by the terms of OpenPort25’s Privacy Policy.

Restrictions on Use

You shall use the OpenPort25 email Service and web site for lawful purposes only. You shall not:

• Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”);
• Redeliver any page, text, image, or Materials on the Site using “framing,” hyperlinks, or other technology;
• Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site;
• Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site;
• Violate the Customer Code of Conduct Policy.

Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. OpenPort25 reserves the right to refuse service to users, and any conduct by you that in OpenPort25’s discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.

Termination

You agree that OpenPort25 in its sole discretion, may terminate your server, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for SPAM as described here by FTC or if OpenPort25 believes that you have violated or acted inconsistently with the letter or spirit of this agreement or the AUP. OpenPort25 may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that OpenPort25 may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that OpenPort25 shall not be liable to you or any third-party for any termination of your access to the Service.

Intellectual Property

This Site is controlled and operated by OpenPort25 LLC, 1209 Mountain Road PL NE STR R Albuquerque, New Mexico, USA 87110, www.openport25.com. All materials on the OpenPort25 Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by OpenPort25 or owned by other parties who have licensed their intellectual property to OpenPort25.

OpenPort25, and all other derivations of the “OpenPort25” mark appearing on this web site are trademarks and/or service marks of OpenPort25 LLC, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other web site owned, operated, controlled, or licensed by OpenPort25 may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Use or modification of OpenPort25’s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of OpenPort25’s copyrights and other proprietary rights and is strictly prohibited.

Linking Sites

Links in this web site may let the user leave the Site. The linked sites are not under the control of OpenPort25, and OpenPort25 is not responsible for the content available on any other internet sites linked to the web site. OpenPort25 is providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to this web site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by OpenPort25 of the linked site.

Privacy and Protection of Personal Information

OpenPort25 processes personal data in accordance with our Privacy Policy which is available at Privacy Policy, which we may update from time to time. You are encouraged to regularly review our Privacy Policy.

If you are a customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “GDPR” or similar legal or regulatory standard of a country outside the EU, OpenPort25 is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this agreement.

You retain control over the content of the information you submit through our Services, and as such the types of personal data that are subject to processing cannot be categorized by OpenPort25 in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.

You may notify OpenPort25 of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.

As processor, OpenPort25 shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this agreement:

• Process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, OpenPort25 becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), OpenPort25 shall promptly:
  • Notify you of such inability, to the extent permitted by applicable law; and
  • Cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which OpenPort25 is able to comply.
• Ensure personal data are kept confidential;
  • Take reasonable steps to ensure the reliability and trustworthiness of OpenPort25’s personnel and any subprocessors, and
  • Take reasonable steps to ensure that all relevant OpenPort25 personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
• Ensure that, in each instance in which OpenPort25 engages a subprocessor, it shall notify you and:
  • Allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and
  • Enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to OpenPort25 under this agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorize OpenPort25 to engage sub-processors in relation to the Services.
• At your request and sole expense, promptly provide you with all reasonable technical and organizational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
• At your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorizations from any relevant regulatory authorities;
• Delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in OpenPort25’s possession within 180 days after the termination or expiry of this agreement, other than data in relation to which OpenPort25 is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;
• At your request and sole expense:
  • Promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that OpenPort25 is able to provide such information; and
  • Allow for and contribute to audits, including inspections, conducted by you, your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to OpenPort25 and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit OpenPort25 more than once annually; and
• Notify you without undue delay in the event of:
  • Becoming aware of any personal data breach; or
  • Receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
• Apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.

Warranties

OpenPort25 warrants that it has all necessary rights to provide the Service detailed in these OpenPort25 Terms of Service. OpenPort25 warrants that the Services and Services provided do not infringe on any proprietary rights. OpenPort25 shall not be liable for any damages resulting from delayed delivery or non-delivery of email messages save where such delayed delivery or non-delivery has occurred as a result of the unavailability of the Services.

You are solely responsible for all content that is emailed, texted or otherwise transmitted via the Services and its sales processes (“Content”), which shall be determined by you. OpenPort25 does not control the Content and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will OpenPort25 be liable in any way for the Content, including, but not limited to, any errors or omissions in any Content, the intended recipients, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed, texted or otherwise transmitted via the Services.

You warrant and represent that you will provide appropriate guidance, training and monitoring to all of your partners, employees and contractors who use the Services. You warrant and represent that you will not, nor will you permit any user of the Services to:

• upload, email, or otherwise transmit any Content or use data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, violent, pornographic, discriminatory, invasive of another’s privacy, hateful or racially ethnically or otherwise objectionable or in breach of a third party’s rights or be otherwise unlawful, constitutes spam or would otherwise be in breach of the Anti-Spam Policy;
• upload any personal data other than that which is necessary to transmit digital communications via the Services;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• transmit any Content that infringes any patent, trademark, trade secret copyright or other proprietary rights of any party;
• transmit any Content the Client does not have a right to transmit under any law or under contractual relationships;
• transmit any Content that does not comply with Electronic Communication Legislation;
• transmit any Content that does not comply with any relevant Code of Practice, or any guidance issued by the Information Commissioner.

Limitation of Liability and Disclaimers

You assume total responsibility and risk for your use of the Service. OpenPort25, its clients, providers, and authorized agents are not responsible for any loss, damage or cost (including, but not limited to, consequential and punitive damages) which you incur due to your use, or inability to use, the Service. If you live in a state where the laws prevent you from taking full responsibility and risk for your use of the Service, OpenPort25’s liability is limited to the greatest extent allowed by law. In no event shall OpenPort25’s liability exceed the amount of direct damages to the property or person caused by our negligence. OpenPort25 makes no express or implied warranties (including, but not limited to, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding the service or any third party material advertised, promoted, or made available through the service.

Furthermore, the service is provided on an “as is” and “as available” basis – we do not warrant that the service will be uninterrupted or error-free, or that defects will be corrected. OpenPort25 does not warrant or make any representations regarding the materials, goods, or services advertised either by OpenPort25’s partners or promoted in conjunction with OpenPort25’s programs. You agree that neither openport25.com, nor its affiliated or related entities, or its content providers, are responsible or liable to you for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on this site.

You agree and accept that, by definition, access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services and other risks including the reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks and consequences of the usage of OpenPort25’s Services that occur or originate from within your environment.

You acknowledge that OpenPort25 delivers email via major Internet Service and Network Providers (“ISNPs”) and can therefore only influence the delivery with respect to transmission of the email and SMS messages within the technical and policy constraints imposed by the ISNPs. OpenPort25 is responsible for the creation and sending of the message to the ISNPs, but it is not responsible for the delivery of the message to the recipient’s email or mobile inbox which remains your responsibility.

Email messages submitted via the Service will be transferred to the addressed recipients you designate, provided that the recipient’s ISNP can deliver the message. You acknowledge and agree that, depending on the recipient’s ISNP, it may not be possible to transmit the email message to the recipient successfully, particularly if the ISNP does not support the email address or mobile number provided or the ISNP refuses to deliver the messages for reasons of poor sending reputation and/or content deemed to be characteristic of unsolicited email message. OpenPort25 shall not be responsible for failure to deliver such email messages.

You agree to assume full responsibility for the content of any messages which are transmitted through the Service on your behalf. OpenPort25 shall be entitled to rely on all approvals and instructions you provide and you shall ensure that all users and other personnel designated by you to provide instructions or approvals have the requisite authority to do so on your behalf.

Indemnification

You agree to indemnify OpenPort25 and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the OpenPort25 Terms of Service.

Jurisdiction

This site is controlled and/or operated by OpenPort25 from its offices within the New Mexico, USA. OpenPort25 makes no representation that materials in this site are appropriate or available for use in other locations outside of USA. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized OpenPort25 logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.

Choice of Law

You agree that this agreement shall be governed by and construed in accordance with the laws of the New Mexico (except its choice of laws rules), and you hereby consent and attorn to the jurisdiction of such province and agree that all disputes shall be tried in the city of Albuquerque, New Mexico. You expressly waive any right, and agree not to have any dispute under the agreement tried or otherwise determined by a jury, except where required by law. You also acknowledge and agree that OpenPort25 will fully cooperate with any law enforcement authorities or court order requesting or directing OpenPort25 to disclose information or materials in our possession.

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, OpenPort25, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Integration

This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and OpenPort25 with respect to the Service, unless explicitly stated otherwise. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and OpenPort25 will not waive the right to enforce any provision of this agreement except in writing.

SMTP Relay Billing Terms

SMTP Relay service plans are based upon a term (i.e. monthly, quarterly, annually) subscription service that will automatically renew and charge the credit card of record for your account. The day of the month your service is activated will be the start date of each term. Billing occurs at the beginning of each term.

Each service plan is billed according to a defined limit on the number of emails that can be sent in any given month, known as the relay “quota” for that plan. Any unused email relays from the prior month will not carryover and will be lost. Every plan has a default setting to enable “overage” which is defined as the ability to continue sending emails even after you have reached the maximum quota limit for your plan at a price of 1.25x the pro-rated price per each email in your plan. If you desire to have overage disabled, simply contact support.

You can upgrade at any time during the month by contacting sales at +1 575 209 9375 or our support department at support@openport25.com. You may also downgrade or cancel your service plan at any time with a 30 day notice by contacting sales at +1 575 209 9375 or our support department at support@openport25.com.

Refund Policy

We offer a 30-day refund for unused services. Your refund will be the amount you paid for your first 30 days of service, less a 20% administration fee on, provided that during such 30 day period no emails were sent from the account and the account was not under a seasonal hold. Please note that all email senders terminated by OpenPort25 due to poor sending practices, including excessive, abusive emails or unsolicited mailing lists, will not be eligible for a refund.