1. Acceptance of Terms

By accessing and using OGBAE ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Service. OGBAE reserves the right to modify these terms at any time, and your continued use of the Service constitutes acceptance of any modifications.

2. Description of Service

OGBAE provides SMTP email delivery services, including but not limited to transactional email delivery, email API access, SMTP relay services, and related analytics and monitoring tools. The Service is provided on a credit-based system where users purchase credits to send emails.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your contact information is current and accurate

4. Acceptable Use Policy

You agree NOT to use the Service to send:

Unsolicited bulk email (spam)
Emails containing malware, viruses, or malicious content
Phishing or fraudulent emails
Adult, sexual, or pornographic content
Content promoting illegal drugs, weapons, or controlled substances
Scam, fraud, or pyramid scheme promotions
Content that violates any applicable laws or regulations
Emails to purchased or harvested email lists
Content that infringes on intellectual property rights
Harassing, threatening, or defamatory content

5. Account Suspension and Termination

5.1 Automatic Suspension Criteria

OGBAE employs automated systems to detect and prevent abuse. Your account will be automatically suspended under the following circumstances:

Immediate Permanent Suspension (1 violation):

Phishing attempts or brand impersonation
Malware or virus distribution
Child exploitation content (will be reported to authorities)

Automatic Suspension (3 violations within 24 hours):

Adult or sexually explicit content
Illegal drugs or weapons promotion
Scam or fraud patterns
Disposable/temporary email domain usage

Reputation-Based Suspension:

Bounce rate exceeding 10% for 7 consecutive days
More than 2 spam complaints (via ISP feedback loops)
5 or more security violations within 24 hours

5.2 Suspension Types

Temporary Suspension (7 days): Account access restricted for review. Appeal may be submitted.
Permanent Suspension: Account permanently disabled for critical violations. No refunds issued.

5.3 Appeal Process

If your account is suspended:

You may submit an appeal through your account dashboard or by contacting support@ogbae.com
Appeals are reviewed within 48 hours
Permanent suspensions for critical violations (phishing, malware, child exploitation) are generally not reversible
Provide detailed explanation of your use case and corrective measures taken

5.4 No Refunds for Violations

Unused credits are forfeited upon suspension for terms of service violations. OGBAE reserves the right to retain all fees paid for accounts terminated due to abuse, fraud, or illegal activity.

6. Domain Verification

You must verify ownership of any domain you use to send emails through our Service. This includes proper configuration of SPF, DKIM, and DMARC records. You represent that you have the authority to send emails from any domain you register with the Service.

7. Credits and Payment

The Service operates on a credit-based system with automatic email type detection:

Credits are purchased in advance and do not expire
Transactional emails (receipts, password resets, etc.) deduct 1 credit
Marketing emails (newsletters, campaigns, etc.) deduct 5 credits
Email type is automatically detected based on content and sending patterns
Credits are non-refundable once purchased (see Refund Policy)
Prices are subject to change with 30 days notice

7. Service Level Agreement

OGBAE aims to provide 99.9% uptime for the Service. However, we do not guarantee uninterrupted service and are not liable for any downtime or service interruptions. Scheduled maintenance will be communicated in advance when possible.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

9. Account Termination

Either party may terminate the account at any time:

You may request account deletion through the dashboard
A 14-day grace period is provided to cancel deletion requests
We may terminate accounts that violate these terms immediately
Upon termination, unused credits are forfeited (no refunds)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OGBAE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless OGBAE, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these terms, or your violation of any rights of a third party.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which OGBAE operates, without regard to conflict of law principles.

13. Contact Information

For questions about these Terms & Conditions, please contact us at: legal@ogbae.com