Terms of Service
The following additional Product Terms and Service Level Agreement apply to the Mailgun Services.
1. Service Level Agreement. We guarantee that the Mailgun Service (meaning any or all of the API, SMTP and Outbound Delivery services listed at http://status.mailgun.net) will be available 99.99% of the time in any given monthly billing period, excluding Maintenance.
You are entitled to a credit of 5% of your given monthly fee for the Mailgun Services for each 30 minutes of Mailgun Service unavailability (after the first .01%) in a given monthly period.
2. Credit Limitations. You are not entitled to a credit if you are in breach of the terms governing your use of the Services until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of the Services Agreement or this Exhibit A, including violation of the AUP. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.
To receive a credit, you must request a credit by creating a support ticket in the Mailgun control panel within thirty (30) days following the end of the downtime. You must show that your use of the Services was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of the fees for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
3. Suspension of Services. We may suspend the Services without liability if: (i) we reasonably believe that the Services are being used in violation of the Agreement; (ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) we are required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which we reasonably believe that the suspension of the Services is necessary to protect the Rackspace network or our other customers.
You agree that if your Mailgun Services are reinstated after a suspension for non-payment or for your breach of the Agreement (including the AUP), you will pay a reinstatement fee of $100.
4. MAILGUN SERVICES MANAGEMENT
4.1 Documentation. You agree to comply with the Mailgun documentation found at: http://documentation.mailgun.com and agree that we may establish new procedures for your use of the Services as we deem necessary for the optimal performance of the Services.
4.2 Delivery & Filtering. We will use commercially reasonable efforts to deliver your email messages, but we do not guarantee delivery. Third party filtering services and other policies of recipient email services may prevent successful delivery of your messages. While the Mailgun Services will reattempt to deliver email according to our policies, it does not store outbound email messages so if the email is not accepted by the recipient email service, it will be lost. While the Mailgun Service does provide some email filtering services designed to filter spam it does not provide virus scanning and Rackspace recommends that you employ additional security measures to protect against spam, email phishing attempts and email infected with viruses. You acknowledge that the limitations of the filtering service will likely result in the capture of some legitimate email and the failure to capture some unwanted email, including email infected with viruses. You hereby release Rackspace and its employees, agents, affiliates, and third party suppliers from any liability for damages arising from the failure of the Mailgun Service’s filtering services to filter unwanted email or from the capture of legitimate email, or from a failure of your email to reach its intended recipient.
4.3 Message Size Limitations. An individual email message may not exceed the per-message size limit (including attachments) of 25MB or it may be permanently lost.
4.4 Content Privacy. You acknowledge and understand that the Mailgun Services include the transmission of unencrypted email in plain text over the public internet. We do not encrypt Customer Data which you upload to the Mailgun Services, and it is stored (and transmitted) in similar fashion as you provide it. You are responsible for encrypting any sensitive data you use in conjunction with the Mailgun Services. Email sent using the Mailgun Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third parties (such as a recipient’s email service provider). Although Mailgun Services include support for TLS, content may be transmitted even if the recipient does not also support TLS, resulting in an unencrypted transmission.
4.5 Routing Data. Your email messages and other items sent or received via the mail service will include information that is created by the systems and networks that are used to create and transmit the message including information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information (“message routing data”). You agree that we may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
4.6 Usage Data. We collect and store information related to your use of the Services, such as use of the Website, API, SMTP and filtering choices and usage. You agree that we may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
4.7 Test Services. If you use any Services that have been designated as a "Beta" service, limited release, pilot test, early access program, preview, or similar designation, then your use of that Service is subject to the terms at http://www.rackspace.com/information/legal/testterms.php.
5. HIPAA. If Rackspace is your “Business Associate” as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, then the HIPAA Business Associate Addendum published at http://www.rackspace.com/information/legal/Mailgun-BAA as of the date that Rackspace becomes your Business Associate is part of the Agreement.
© 2016 Rackspace US, Inc.
July 21, 2016 revision