These Terms of Service (the "Terms") are a binding agreement between you ("you", the "Customer") and McPherson Enterprises, LLC, a Michigan limited liability company doing business as Cyber Mail 9000 ("Cyber Mail 9000", "we", "us"), governing your use of the Cyber Mail 9000 email platform (the "Service").
1. Acceptance
By creating an account or using the Service, you agree to these Terms, our Acceptable Use Policy ("AUP"), and our Privacy Policy, each incorporated here by reference. If you use the Service on behalf of an organization, you represent that you are authorized to bind it. If you do not agree, do not use the Service.
2. Definitions
- Service — the Cyber Mail 9000 application, website, and APIs.
- Account — your registered account, which may contain one or more brands.
- Subscriber — an individual on a mailing list you manage through the Service.
- BYO SES — "bring your own SES" sending, in which you connect your own Amazon Web Services account and pay AWS directly for delivery.
- SMTP Sending — sending through a third-party SMTP provider you connect (such as SendGrid, Mailjet, or Elastic Email), under your own agreement with that provider.
3. Eligibility and accounts
You must be at least 18 years old to use the Service. You are responsible for all activity under your Account and for keeping your sign-in secure. Sign-in is by passwordless magic link; protect access to your email inbox accordingly. Notify us promptly of any unauthorized use.
4. The application license
Access to the Cyber Mail 9000 application is sold as a one-time lifetime license. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Service for your own email marketing. A "lifetime" license means the lifetime of the Service; it does not obligate us to operate the Service indefinitely. You may not resell, sublicense, or share your Account.
5. Sending modes
The Service delivers email through sending infrastructure you control:
- BYO SES. You connect your own Amazon Web Services account. Email is delivered under your own agreement with AWS, and you pay AWS directly. You are solely responsible for your AWS account, its configuration, costs, and compliance with AWS terms.
- SMTP Sending. You connect a third-party SMTP provider. Email is delivered under your own agreement with that provider, and you pay the provider directly. You are solely responsible for that account, its configuration, costs, and compliance with the provider's terms.
Under either mode you must verify a sending domain you own (DKIM, SPF, DMARC) before sending, and you remain responsible for your recipients, content, and consent.
6. Fees and payment
- Application fee. The lifetime license is a one-time payment. Sending costs are billed to you directly by AWS or your SMTP provider — we do not charge for the email you send.
- Payment. Payments are processed by Stripe. You authorize us to charge your selected payment method for the amounts shown at checkout, plus any applicable taxes.
- Price changes. We may change the price of future licenses. Changes do not affect a license you have already purchased.
7. Refunds
If the application license does not work as described, contact support@cybermail9000.com within 14 days of purchase and we will work with you, including a refund of the license fee where appropriate. Fees are not refundable where an account is suspended or terminated for violating these Terms or the AUP.
8. Acceptable use
Your use of the Service is governed by the Acceptable Use Policy, which is part of these Terms. The AUP requires, among other things, that you only email recipients who gave you direct, verifiable consent, and it strictly prohibits purchased, rented, scraped, or otherwise non-consented lists and unsolicited or cold email. Violating the AUP is a violation of these Terms.
9. Your responsibilities as a sender
You are solely responsible for:
- Obtaining and documenting consent from every recipient you email.
- The content, accuracy, and legality of every message you send.
- Complying with all laws that apply to your email, including the CAN-SPAM Act, CASL, the GDPR and ePrivacy rules, and applicable state privacy laws.
- Maintaining acceptable bounce and complaint rates and good list hygiene.
- Honoring unsubscribe requests promptly and permanently.
- Your relationship with your subscribers, including providing them your own privacy notice.
You are the sender of record. Cyber Mail 9000 provides the tools and infrastructure; it does not author, endorse, or take responsibility for your content or your mailing lists.
10. Your data and content
As between you and us, you own your account content and your subscriber data. You grant us a limited license to host, process, transmit, and display that data solely to provide and improve the Service. You represent that you have all rights and consents necessary for us to process it. Our handling of personal information is described in the Privacy Policy.
11. Service availability and deliverability
We work to keep the Service available and reliable, but we do not guarantee uninterrupted operation, and we may perform maintenance or update features. Email deliverability depends on factors outside our control — including mailbox-provider decisions, your domain reputation, your list quality, and your content. We do not guarantee that any email will be delivered, placed in the inbox, opened, or not marked as spam.
12. Suspension and pausing
To protect the Service and shared sending reputation, we may throttle, pause, or suspend sending — for a single brand or your entire Account — with or without prior notice, if we reasonably believe you have violated these Terms or the AUP, if your bounce or complaint rates threaten deliverability, or if required to protect the Service or other customers. A pause applies regardless of how you send. Pausing or suspension for a violation does not entitle you to a refund.
13. Intellectual property
The Service, including its software, design, and branding, is owned by McPherson Enterprises, LLC and is protected by intellectual property law. These Terms grant you a license to use the Service, not any ownership of it. You may not copy, modify, reverse engineer, or create derivative works of the Service except as permitted by law.
14. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted, or that it will meet your requirements.
15. Limitation of liability
To the maximum extent permitted by law, Cyber Mail 9000 and McPherson Enterprises, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or sending reputation, arising out of or related to the Service. Our total aggregate liability for any claim arising out of or related to the Service will not exceed the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars ($100).
16. Indemnification
You will defend, indemnify, and hold harmless Cyber Mail 9000 and McPherson Enterprises, LLC, and their owners and personnel, from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your use of the Service, your content, your mailing lists, your violation of these Terms or the AUP, or your violation of any law or third-party right.
17. Termination
You may stop using the Service and close your Account at any time. We may suspend or terminate your Account for violation of these Terms or the AUP, or where required by law. Upon termination, your license to use the Service ends. We will make your data available for export for a reasonable period where practical, after which it may be deleted as described in the Privacy Policy. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, and indemnification — survive termination.
18. Changes to these Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date and, where appropriate, notified to you. Continued use of the Service after a change means you accept the revised Terms.
19. Governing law
These Terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules. You agree that the exclusive venue for any dispute arising out of or related to these Terms or the Service is the state and federal courts located in Michigan, and you consent to their jurisdiction.
20. Contact
General and legal inquiries: support@cybermail9000.com
Abuse reports: abuse@cybermail9000.com
McPherson Enterprises, LLC d/b/a Cyber Mail 9000, Michigan, USA.
P.O. Box 266, McBain, MI, 49657