SaveMyService Hosting

Terms of Use

Email – (POP//Hosted Microsoft Exchange)

Effective Date: TBD | Last Updated: 8/3/26 | Version 1.03

CONTENTS

Acceptance of These Terms
Definitions
Eligibility and Account Registration
Description of the Service
Subscription Plans, Fees, and Billing
Acceptable Use
Fair Use, Quotas, and Technical Limits
Your Content and Our Access
Data Retention, Backups, and Deletion
Privacy and Data Protection
Deliverability and Third-Party Systems
Security
Service Availability
Suspension and Termination
Intellectual Property
Legal Process and Government Requests
Disclaimer of Warranties
Limitation of Liability
Indemnification
Export Control and Sanctions
Dispute Resolution and Binding Arbitration
Governing Law and Venue
Changes to These Terms
Notices
Force Majeure
Assignment
Relationship of the Parties; No Third-Party Beneficiaries
Severability and Waiver
Entire Agreement
Contact

1. Acceptance of These Terms

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” “Customer” or “Subscriber”) and Exactpoint Technologies LLC, dba SaveMyService Hosting (“SaveMyService Hosting,” “Company,” “we,” “us,” or “our”), governing your access to and use of the SaveMyService Hosting Email service, our hosted electronic mail service providing mailbox storage and access via the Post Office Protocol version 3 (“POP3”), the Internet Message Access Protocol version 4 (“IMAP”), the Simple Mail Transfer Protocol (“SMTP”), any associated web interface, mobile or desktop applications, application programming interfaces, and related documentation (collectively, the “Service”).

By creating an account, configuring a mail client to connect to our servers, transmitting or retrieving messages through the Service, or paying any subscription fee, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, and any plan-specific terms presented at the point of purchase, each of which is incorporated by reference. If you do not agree, you must not access or use the Service.

PLEASE READ SECTION 21 (DISPUTE RESOLUTION AND BINDING ARBITRATION) CAREFULLY. IT REQUIRES THAT MOST DISPUTES BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 21.7.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. Accounts purchased for organizational use may additionally be subject to a separate written agreement or data processing addendum, which controls in the event of conflict.

2. Definitions

“Account” means the credentialed relationship between you and SaveMyService Hosting under which one or more Mailboxes are provisioned.

“Content” means all data you transmit, receive, store, or process through the Service, including message bodies, attachments, headers, folder structures, contacts, filters, and configuration data.

“Customer” means a single paying entity representing one or more mailboxes.

“Mailbox” means a single addressable mail store provisioned under your Account and accessible by POP3, IMAP, SMTP, and/or the web interface.

“Mail Client” means any software, whether provided by us or a third party, that connects to the Service using POP3, IMAP, SMTP, or ActiveSync-equivalent protocols.

“Metadata” means transmission and connection records generated by the operation of the Service, including SMTP envelope data, IP addresses, connection timestamps, protocol identifiers, message sizes, and authentication logs.

“Subscription Term” means the monthly, annual, or other recurring period for which you have paid subscription fees.

“Fair Use Thresholds” means the sending, storage, connection, and bandwidth limits published in our documentation and referenced in Section 7.

3. Eligibility and Account Registration

3.1 Age and Capacity

You must be at least 16 years of age, or the age of digital consent in your jurisdiction if higher, to create an Account. If you are under the age of majority where you reside, you may use the Service only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. SaveMyService Hosting does not knowingly provide the Service to children under 16, and we will terminate any Account we determine belongs to such a child.

3.2 Accurate Information

You agree to provide accurate, current, and complete registration information, including a valid recovery email address or telephone number, and to keep that information updated. Recovery information is used for account verification, security notifications, and billing communications. Providing false registration or payment information is a material breach of these Terms.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your credentials, including any application-specific or protocol-specific passwords issued for POP3, IMAP, or SMTP access. You must notify us immediately at support@savemyservice.com upon becoming aware of any unauthorized access. We strongly recommend enabling multi-factor authentication where offered and using unique, randomly generated application passwords for each Mail Client. You are responsible for all activity occurring under your credentials, except to the extent such activity results from our failure to meet our obligations under Section 12.

3.4 No Resale

Except where a plan expressly permits additional Mailboxes, Accounts are for the use of a single natural person or a single organization. You may not share, sell, sublicense, rent, lease, or otherwise make the Service available to third parties, or operate the Service as a reseller, mail relay for third-party traffic, or shared hosting facility, without the prior written consent of SaveMyService Hosting.

4. Description of the Service

4.1 Protocol Access

The Service provides mail storage and retrieval over POP3 and IMAP, and outbound mail submission over SMTP, using the hostnames and ports published in our documentation. Connections must use TLS. We may require a minimum TLS version and cipher suite, and we may discontinue support for deprecated cryptographic protocols, legacy authentication mechanisms (including cleartext LOGIN over unencrypted channels), or unsupported client behaviors upon reasonable notice.

4.2 POP3 Behavior and Data Loss Risk

You acknowledge that POP3 is a retrieval protocol that, in its default configuration in most Mail Clients, downloads messages to local storage and deletes them from the server. Where you configure POP3 access with server-side deletion enabled, messages removed from our servers following successful download are permanently deleted and are not recoverable from our systems or backups after the retention window described in Section 9. You are solely responsible for your Mail Client’s POP3 settings and for retaining local copies. SaveMyService Hosting is not liable for message loss resulting from POP3 configurations you control.

4.3 IMAP Behavior

IMAP access maintains server-side message state, including folders, flags, and read status. Actions taken in one IMAP client are reflected in all connected clients and in the web interface. Deletions performed over IMAP, including expunge operations, are subject to the retention terms in Section 9.

4.4 Third-Party Mail Clients

The Service is designed to interoperate with standards-compliant Mail Clients, but we do not warrant compatibility with any particular client, version, operating system, or device, and we do not provide support for third-party software. Your use of a third-party Mail Client is governed by that vendor’s terms. Clients that behave abusively toward our infrastructure — including excessive polling, connection flooding, failure to honor server responses, or repeated full-mailbox re-synchronization — may be rate-limited or blocked under Section 7.4.

4.5 Service Modifications

We may add, modify, or discontinue features of the Service. Where a change materially reduces core functionality of a paid plan, we will provide at least thirty (30) days’ advance notice by email and, at your election, a pro-rated refund of prepaid fees for the remainder of the then-current Subscription Term as your sole remedy.

5. Subscription Plans, Fees, and Billing

5.1 Fees

Access to the Service requires payment of the subscription fees for your selected plan, as displayed at the time of purchase. All fees are stated in US Dollars and are exclusive of taxes, duties, and levies, which are your responsibility except for taxes on our net income. Where SaveMyService Hosting is required to collect VAT, GST, or sales tax, such amounts will be added to your invoice.

5.2 Automatic Renewal

UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUCCESSIVE TERM OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL RATE. You authorize SaveMyService Hosting and our payment processors to store your payment credentials and charge them on each renewal date. We will send a renewal reminder on the renewal date, where payment is due net 15 days before renewal for annual plans.

5.3 Cancellation

You may cancel at any time through your account settings or by writing to accounting@savemyservice.com. Cancellation takes effect at the end of the current Subscription Term; the Service remains available until that date. Cancellation does not by itself delete your data — see Section 9.4.

5.4 Refunds

Except as required by law or as expressly provided in these Terms, fees are non-refundable and we do not provide refunds or credits for partial periods, unused Mailboxes, or downtime not covered by Section 13.

5.5 Price Changes

We may change subscription prices effective at your next renewal, with at least thirty (30) days’ notice by email. If you do not accept the new price, you may cancel before the renewal date.

5.6 Failed Payment and Delinquency

If a charge fails, we may retry the payment method and will notify you. If payment remains outstanding after days may be terminated and their data deleted in accordance with Section 9.4. We may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.

5.7 Chargebacks

Initiating a chargeback without first contacting us to resolve a billing dispute is a breach of these Terms and may result in immediate suspension. We ask that you contact accounting@savemyservice.com first; we will investigate in good faith. Any chargeback found to be invalid, whereby SaveMyService’s charges are valid, a Chargeback Reversal Fee will be instituted on the current invoice to reimburse SaveMyService for administrative fees associated with the Chargeback process.

6. Acceptable Use

You agree not to use the Service, and not to permit any person using your Account to use the Service, to do any of the following:

Send, transmit, relay, or facilitate unsolicited bulk or commercial email, or any message that violates the CAN-SPAM Act of 2003, the EU ePrivacy Directive, Canada’s Anti-Spam Legislation, or comparable law;
Harvest, scrape, purchase, or otherwise acquire email addresses for the purpose of sending unsolicited messages, or send to any address obtained without demonstrable consent;
Forge, alter, or obscure message headers, envelope sender addresses, Received lines, or any other transmission identifier, or otherwise misrepresent the origin of a message;
Operate an open relay, open proxy, mailing-list service, transactional sending platform, or bulk marketing operation through the Service;
Distribute malware, ransomware, spyware, or other malicious code, or conduct phishing, pharming, credential harvesting, business email compromise, or any other fraudulent scheme;
Transmit or store child sexual abuse material, content that sexualizes minors, or any material whose possession or transmission is unlawful;
Transmit content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right;
Harass, threaten, stalk, defame, or incite violence against any person, or transmit content that constitutes unlawful discrimination or a true threat;
Attempt to gain unauthorized access to the Service, other Accounts, or any connected system; conduct port scanning, penetration testing, vulnerability scanning, or denial-of-service activity against our infrastructure without prior written authorization;
Circumvent or attempt to circumvent authentication, quotas, rate limits, filtering, or any other technical restriction;
Use the Service in violation of applicable export control, sanctions, anti-corruption, or data protection law; or
Use the Service in any manner that, in the reasonable judgment of SaveMyService Hosting, jeopardizes the security, integrity, deliverability reputation, or availability of the Service for other subscribers.

You are responsible for the conduct of anyone you permit to use your Account and for all Content transmitted through it. Reports of abuse may be sent to the abuse email address for the domain of which your email address is provisioned. i.e. youraddress@usfamily.net, or for custom domains, they can be sent to abuse@savemyservice.com.

7. Fair Use, Quotas, and Technical Limits

7.1 Storage Quotas

Each plan includes a stated storage allocation. When you exceed your quota, we may reject inbound messages with a standard SMTP deferral or rejection code, disable outbound sending, or both, until usage returns below the limit. Quota blocks are systematic and will be adjusted by notification of the customer to support@savemyservice.com. Additional paid storage plans are available and will be added in 1Gb increments should the customer request additional storage space.

7.2 Sending Limits

Outbound sending is subject to published per-hour, per-day, and per-recipient limits designed to protect deliverability. These limits are not a guarantee of sending capacity and may be adjusted, including on an account-specific basis, in response to reputation signals or abuse indicators. Should sending limits be reached or any other unauthorized usage occur, SaveMyService will take any necessary action to prohibit and/or block such use and will notify the customer.

7.3 Personal Use Character

Plans marketed for individual or small-team use are intended for ordinary correspondence. They are not intended for bulk marketing, transactional or automated application mail, list distribution, archival of third-party mail streams, or use as general-purpose file storage. We may require migration to an appropriate plan, or restrict such usage, where activity is materially inconsistent with the plan’s intended use.

7.4 Connection and Protocol Limits

We may impose limits on the number of concurrent IMAP connections, POP3 polling frequency, SMTP connections, authentication attempts, message size, attachment size, and total bandwidth. Clients exceeding these limits may receive protocol-level errors or be temporarily blocked. Repeated or automated abuse of connection limits is a breach of Section 6.

8. Your Content and Our Access

8.1 Ownership

As between you and SaveMyService Hosting, you retain all right, title, and interest in your Content. We claim no ownership over your messages, attachments, contacts, or files.

8.2 Limited License

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, reproduce, index, encrypt, back up, and display your Content solely to the extent necessary to operate, secure, and provide the Service to you and to comply with law. This license terminates when your Content is deleted from our systems, subject to standard backup rotation and any legal hold.

8.3 No Advertising Use

SaveMyService Hosting does not scan the content of your messages for advertising purposes, does not sell or share your Content or Metadata with third parties for cross-context behavioral advertising, and does not use your Content to train machine learning models. Automated processing occurs only for spam filtering, malware detection, threat prevention, message delivery, search and indexing on your behalf, and enforcement of Section 6.

8.4 When We May Access Content

Our personnel do not access the content of your messages except: (a) during a support investigation you initiate; (b) where necessary to investigate a credible report of abuse, a security incident, or reports indicative of a compromised mailbox; (c) where required to comply with valid legal process under Section 16; or (d) where necessary to protect the rights, property, or safety of SaveMyService Hosting, our subscribers, or the public.

8.5 Your Responsibility for Content

You represent that you have all rights necessary to transmit and store your Content, and that doing so does not violate any law or third-party right. You are responsible for evaluating whether the Service is appropriate for regulated data. Unless SaveMyService Hosting has executed a separate written agreement with you addressing it (such as a HIPAA Business Associate Agreement or PCI addendum), you must not store protected health information, cardholder data, or classified government information on the Service.

9. Data Retention, Backups, and Deletion

9.1 Backups

We maintain operational backups for disaster recovery for a rolling period of approximately Backups are for our system-restoration purposes and are not a subscriber data-recovery service. You remain responsible for maintaining your own copies of Content you consider important. SaveMyService shall not be responsible for lost user data or messages.

9.2 Deletion by You

Messages you delete are moved to a Trash folder and permanently Once purged, messages are removed from live systems immediately and from backups within the backup rotation period. We cannot restore purged messages.

9.3 Metadata Retention

24 hours for connection and delivery logs, for security, abuse prevention, deliverability troubleshooting, and legal compliance. Mailbox access logs are retained for 7 days. We retain billing records for the period required by applicable tax and accounting law.

9.4 Deletion Following Termination

Following cancellation, non-renewal, or termination, we will retain your Mailbox data and messages in the inbox for 30 days to permit reactivation or export, after which the Account and its Content are permanently deleted. Where an Account is terminated for a violation of Section 6, we may fully delete data immediately, except where retention is required by law or legal hold. Should a subscriber require a mailbox to be restored, they shall pay the associated, published restoral rate to compensate for engineering time to do so.

9.5 Inactive Accounts

If an Account has no subscription in effect, has not paid for an associated subscription for 30 days and no authenticated login or protocol connection for 2 (two) consecutive months, we may notify you at your email address(s) on file and, if you do not respond within ] days, terminate the Account and delete its Content. This does not apply to Accounts with an active paid subscription.

9.6 Data Export

For the duration of your subscription, you may export your Content by connecting an IMAP client and copying messages locally, or by using any export tool publicly available. SaveMyService Hosting will not unreasonably withhold assistance with an export request made in good faith however the act of exporting the data is under the responsibility of the Customer. SaveMyService may assist under a paid professional services engagement, should the Customer be interested.

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection and processing of personal information is described in the Privacy Policy at [PRIVACY POLICY URL], which forms part of these Terms.

10.2 Security Incidents

We will notify affected subscribers of a personal data breach without undue delay and within the timeframes required by applicable law and applicable U.S. state breach notification statutes.

11. Deliverability and Third-Party Systems

Email delivery depends on systems SaveMyService Hosting does not control, including recipient mail servers, DNS providers, blocklist operators, spam filters, and network intermediaries as well as the core platforms that our Customers’ email systems reside on. Our hosting partners implement industry-standard authentication and ) and maintain sending reputation in good faith, but WE DO NOT WARRANT THAT ANY MESSAGE WILL BE DELIVERED, DELIVERED WITHOUT DELAY, DELIVERED TO AN INBOX RATHER THAN A SPAM FOLDER, OR FREE FROM INTERCEPTION IN TRANSIT. Similarly, we do not warrant that all inbound messages addressed to you will be delivered; our spam and malware filters may quarantine or reject messages, including legitimate ones. You are responsible for reviewing quarantine or spam folders where the Service provides them.

If you use a custom domain with the for maintaining correct DNS records, including MX, SPF, and DMARC records, and for renewing domain registrations. SaveMyService Hosting is not liable for interruption resulting from your DNS or registrar configuration, when provided by a third party.

12. Security

SaveMyService Hosting and its hosting partners maintains administrative, technical, and physical safeguards designed to protect the Service and your Content, including encryption of data in transit using TLS, encryption of data at rest, access controls, logging, and regular security review. No system is perfectly secure, and we do not warrant that the Service will be free from unauthorized access. Unless expressly stated in your plan documentation, the Service does not provide end-to-end encryption; messages are stored in a form we can access in order to provide search, filtering, and protocol services. If you require end-to-end confidentiality, you should apply client-side encryption such as OpenPGP or S/MIME before transmission, which are not managed by SaveMyService.com.

13. Service Availability

SaveMyService Hosting will use commercially reasonable efforts to make the Service available 99.9% of the time in each calendar month, excluding scheduled maintenance for which we provide at least 48 hours’ notice, emergency maintenance, and events described in Section 25 (Force Majeure). The Service is provided without an availability guarantee.

14. Suspension and Termination

14.1 By You

You may terminate at any time under Section 5.3.

14.2 By Us for Cause

We may suspend or terminate your Account, in whole or in part, immediately and without refund if: (a) you materially breach these Terms, including Section 6; (b) your use presents a security, legal, or operational risk to us or others; (c) payment is delinquent under Section 5.6; (d) we are required to do so by law or valid legal process; or (e) you provide false identity or payment information. Where practicable and where doing so does not increase risk or violate law, we will provide notice and an opportunity to cure.

14.3 By Us for Convenience

SaveMyService Hosting may terminate a paid Account without cause on thirty (30) days’ written notice, in which case we will refund prepaid fees for the unused portion of the Subscription Term on a pro-rata basis. This refund is your sole remedy for a termination for convenience.

14.4 Effect of Termination

Upon termination, your right to access the Service ends immediately, inbound mail to your Mailboxes will be rejected, and your Content will be handled under Section 9.4. Sections 8.1, 8.5, 9, 15, 17 through 23, and 25 through 30 survive termination.

14.5 Reinstatement

Reinstatement of a terminated Account is at the sole discretion of SaveMyService Hosting and is not available after data deletion has occurred.

15. Intellectual Property

The Service, including all software, interfaces, documentation, trademarks, service marks, logos, and the selection and arrangement thereof, is owned by SaveMyService Hosting or its licensors and is protected by intellectual property law. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose during your Subscription Term. You may not copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, except to the extent such restriction is prohibited by applicable law or by the terms of any open-source component we distribute.

If you submit suggestions, feature requests, or other feedback, you grant SaveMyService Hosting a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback without obligation or attribution.

16. Legal Process and Government Requests

SaveMyService Hosting will disclose Content or Metadata to a government or law enforcement authority only where compelled by valid legal process that we reasonably determine to be lawful and properly served, or where an emergency involving danger of death or serious physical injury requires disclosure without delay. We evaluate each request, object to or narrow requests we consider overbroad or defective, and require a search warrant based on probable cause for the disclosure of message content from U.S. authorities. Unless prohibited by law or court order, or where we determine there is a risk to life or safety, we will notify you before disclosure and provide a reasonable opportunity to object.

17. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL POP3, IMAP, AND SMTP FUNCTIONALITY, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVEMYSERVICE HOSTING AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES WILL BE DELIVERED, RECEIVED, OR RETAINED; THAT DATA WILL NOT BE LOST OR CORRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAVEMYSERVICE HOSTING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF SAVEMYSERVICE HOSTING FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply to the fullest extent permitted by law and survive any failure of essential purpose of any limited remedy. They do not apply to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct where such limitation is prohibited, or any other liability that cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

You acknowledge that the fees for the Service reflect this allocation of risk and that SaveMyService Hosting would not provide the Service on these terms without these limitations.

19. Indemnification

You agree to defend, indemnify, and hold harmless SaveMyService Hosting and its officers, directors, employees, and agents from and against any third-party claim, demand, action, or proceeding, and all resulting losses, damages, liabilities, settlements, costs, and reasonable attorneys’ fees, arising out of or relating to: (a) your Content; (b) your use of the Service; (c) your breach of these Terms, including Section 6; (d) your violation of any law or third-party right; or (e) any dispute between you and a third party regarding messages sent or received through your Account. We will notify you of any such claim, permit you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense; you may not settle any claim in a way that imposes obligation or admission on us without our prior written consent. This Section does not apply to consumers to the extent prohibited by applicable consumer protection law.

20. Export Control and Sanctions

You represent that you are not located in, ordinarily resident in, or a national of any country subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List, the Entity List, or the Denied Persons List. You agree not to use the Service in violation of U.S. export control or sanctions law, including the Export Administration Regulations and regulations administered by the Office of Foreign Assets Control.

21. Dispute Resolution and Binding Arbitration

21.1 Informal Resolution First

Before initiating arbitration or any proceeding, you agree to contact SaveMyService Hosting at with a written description of the dispute and the relief sought, and to engage in good-faith discussions for sixty (60) days. This requirement is a condition precedent to commencing arbitration and applies equally to us.

21.2 Agreement to Arbitrate

If informal resolution fails, you and SaveMyService Hosting agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [JAMS / the American Arbitration Association] under its then-current consumer arbitration rules, rather than in court, except as provided in Section 21.5. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

21.3 Arbitration Procedure

Arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, the seat of arbitration will be Columbus, OH, and hearings may be conducted by videoconference or, for claims under US$25,000, on documents only at your election. The arbitrator may award any relief available in court on an individual basis, and the award may be entered as a judgment in any court of competent jurisdiction. Customer will pay filing, administration, and arbitrator fees for any and all claims.

21.4 Class Action Waiver

YOU AND SAVEMYSERVICE HOSTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST PROCEED IN COURT AND IS SEVERED FROM ARBITRATION.

21.5 Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property rights or to address unauthorized access to or misuse of the Service.

21.6 Jury Trial Waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND SAVEMYSERVICE HOSTING EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

21.7 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice of your decision to P.O. Box 401, 40 Grace Dr. Powell OH or legal@savemyservice within thirty (30) days of first accepting these Terms, stating your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms and will not affect your Account.

21.8 Limitations Period

Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues, or the shortest period permitted by applicable law if a longer period is required, or it is permanently barred.

22. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles. Subject to Section 21, the state and federal courts located in Delaware County, Ohio have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. If you are a consumer, this Section does not deprive you of the protection of the mandatory law of your country of habitual residence.

23. Changes to These Terms

SaveMyService Hosting may revise these Terms from time to time and will be posted on the website at www.savemyservice.com with an updated “Last Updated” date. Changes take effect on the stated effective date. Your continued use of the Service after that date constitutes acceptance. If you do not agree to a change, you must cancel before the effective date. Changes required by law or addressing a security or legal risk may take effect immediately.

24. Notices

We will send notices to the email address associated with your Account, or by posting within the Service. Notices are deemed received on the date sent. You are responsible for keeping a working recovery address on file. Legal notices to SaveMyService Hosting must be sent to legal@savemyservice.com with a certified copy to P.O. Box 401, 40 Grace Drive, Powell, OH 43065.

25. Force Majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, labor dispute, governmental action, failure of a third-party network or utility, large-scale internet or DNS disruption, or denial-of-service attack or any other system not owned, nor controlled by SaveMyService. Payment obligations are not excused by this Section.

26. Assignment

You may not assign or transfer these Terms or your Account without our prior written consent; any attempted assignment in violation of this Section is void. SaveMyService Hosting may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, on notice to you. Where such a transaction would result in a material change to the handling of your personal data, we will notify you in advance of this change.

27. Relationship of the Parties; No Third-Party Beneficiaries

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and SaveMyService Hosting. These Terms confer no rights on any third party except as expressly stated.

28. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing and signed by an authorized representative of SaveMyService Hosting.

29. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, any applicable Service Level Agreement, Data Processing Addendum, and plan-specific terms, constitute the entire agreement between you and SaveMyService Hosting regarding the Service and supersede all prior or contemporaneous understandings on that subject. In the event of conflict, the order of precedence is: (1) a signed written agreement between the parties; (2) the implied service terms based on use; (3) these Terms; (4) all other referenced policies.