Email Relay offers a reliable and economical email service that its users can depend on. Our service was designed for people that are tired of losing emails, or not being able to send them when they need to or are fed up of having to deal with ISP's (Internet Service Providers) that simply don't care of the quality of the services they provide.

Terms of Service

Last updated: August 30, 2007.

The General Center for Internet Services Inc. (GCIS), a federally incorporated Quebec corporation, doing business under the name of Email Relay, (from herein referred to as 'Email Relay') furnishes to the Customer, this Web hosting service, conditional to this Customer Terms of Use. This agreement represents the complete agreement and understanding between Email Relay and the account holder (hereinafter called the Customer) and supersedes any other written or oral agreement. Upon notice published online via the Email Relay website, Email Relay may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. It is of the full responsibility of the Customer to stay current with any changes or conditions set forth in this Terms of Service agreement.

IMPORTANT: USE OF YOUR WEB HOSTING ACCOUNT WITH EMAIL RELAY CONSTITUTES YOUR FULL APPROVAL OF THESE TERMS AND CONDITIONS AND SIGNIFIES THAT YOU ARE IN FULL AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.

1. EMAIL RELAY HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY EMAIL RELAY CUSTOMER THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY AND NO REFUND WILL BE ISSUED. Spamming is defined by Email Relay as sending 250 or more emails a day from the same email address, or from the same 'seat' in the case of DMZ Networks. If an Email Relay customer wishes to send e-mails to selected prospective customers, he can provided he or she uses compatible permission-based email software. Only use this approved link for that purpose and we will accept your email campaigns without any problems. Furthermore, if a prospective customer elects to cancel the sending of any emails in the future, an Email Relay client will have to abide by that and stop sending emails to that person immediately. For more information on permission-based email marketing and it's added benefits, please click here.

2. Email Relay makes no warranties of any kind, whether expressed or implied, for the service it is providing. Email Relay also disclaims any warranty of merchantability or fitness for a particular purpose. Email Relay will not be responsible for any damages, directly or indirectly that the customer could suffer in the case of any outage. This includes, but is not limited to, loss of emails or of any data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties or power disturbances.

3. Services provided to the Customer by Email Relay may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Email Relay reserves the right to completely shutdown a website, or to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

4. Customer agrees to defend, hold harmless and expeditiously indemnify Email Relay and GCIS from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

5. Email Relay accounts cannot be transferred or used by anyone other than the subscriber.

6. Email Relay reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for the first month's service are not refundable. If a customer re-registers after Email Relay's cancellation of the account without Email Relay's written consent, Email Relay will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

7. When and if applicable, setup fees are not refundable under any conditions.

8. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Email Relay Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Email Relay for the Cancellation Code.

9. Additionally, CUSTOMER agrees not to utilize any of Email Relay's services, equipment or email addresses once account has been cancelled.

10. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

11. Email Relay requires that its agreements be made with a person who is qualified to contract. As such, Customer or subscriber must be over the age of eighteen (18) years, or must be of legal age in his or her country of residence. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Email Relay cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age, or of legal age in their country of residence.

12. Customer shall ensure that its use of Email Relay's network services shall not disrupt Email Relay, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Email Relay reserves the right to place CPU process limits on the Customer's account or any other necessary means to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Email Relay user or to any directly or indirectly attached network. Use of Email Relay's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Email Relay shall be considered a breach of this Policy and may result in the complete cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Email Relay's services, Email Relay's equipment or any site hosted on any Email Relay's family of networks located all over the world. Additionally, under any circumstances, any subscriber account found to be 'spamming' others will be terminated at once and no monies will be returned. This also includes but is not limited to the attempt of using Email Relay's installations as a 'stepping stone' or in an attempt to "relay" spam messages to other email servers located anywhere in the world.

13. Customer warrants that any material submitted for publication on Email Relay does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Email Relay fully reserves the right to remove any and all materials which infringe on any copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

14. If Email Relay becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Email Relay, at its discretion, may, at any time deny access to the challenged material of Customer.

15. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

16. For all new domains purchased at Avantex, there is a yearly non-refundable registration fee. View pricing details on the Avantex website for more information. It is the customer's responsibility to ensure that any of his or her's domain names are valid and to ensure they are renewed on time to avoid any temporary or permanent loss of service.

17. Use of Email Relay's services could involve listing subscriber's participation in relevant directories if they happen to own a website, and if this is their wish, and subscriber expressly grants permission for such listings if applicable to them.

18. Although our most basic email service includes 300 megs of disk space per user, if it is judged that such an amount is frequently increased, without a corresponding upgrade in the user's account level, Email Relay reserves the right to charge users with a supplemental fee. In such a case, users will be warned in advance.

19. Digital Millenium Copyright Act: If you believe that your work has been copied in a way that constitutes copyright infringement by a Email Relay customer ("the Customer"), you ("the Complaining Party") must first provide Email Relay’s Copyright Agent with the following information in writing ("the Notification"):

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;

(3) A description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;

(4) Your physical address, telephone number, and email address;

(5) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Email Relay's Copyright Agent for Notice of claims of copyright infringement on its site is George Baker, who can be reached at our contact information. All complaints must be sent by email.

Once we have received your email complaint, we will notify you of the correct procedure thereafter to successfully pursue the matter.

Once you have correctly satisfied our Copyright Protection Policies, Email Relay will:

(1) Remove or disable access to the material that is alleged to be infringing;

(2) Forward the written notification to the alleged infringer ("the Customer");

(3) Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

In response, the Customer may send a "Counter-Notification" to Email Relay. To be effective, the Counter-Notification must be in writing and include the following information:

(1) The Customer’s physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(4) The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which Email Relay may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, Email Relay will:

(1) Provide the Complaining Party with a copy of the Counter-Notification;

(2) Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Email Relay’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.

20. Any party seeking to report any other potential violations of this Agreement may contact Email Relay via our email address.

21. In the case of users that have their own domain names, transferring your domain to another provider does not constitute canceling your Email Relay account. You must notify Email Relay in writing to formally cancel your account with Email Relay to avoid further charges.

22. On occasion, Email Relay may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

23. It is the responsibility of the customer to contact Email Relay of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

The management of Email Relay.