Terms of Service

1. Definitions

“Account” means a SenecaLive Webmail user account associated with one or more @senecalive.com email addresses. “Content” means email messages, attachments, contacts, calendar data, aliases, configuration settings, logs, and any other data you store, send, receive, or transmit through the Service. “Customer,” “you,” and “your” mean the individual or legal entity that registers for or uses the Service. “PassThru” means a plan that forwards mail sent to your @senecalive.com address to a destination mailbox you designate, with limited on-server retention as described on our pricing page. “Plans” means PassThru, SenecaLive Mail, SenecaLive Mail Plus, and any add-ons or successor plans we offer.

2. Eligibility and Account Registration

1. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to open an Account. If you register on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. You must provide accurate, current, and complete registration information and keep it updated. You are responsible for all activity under your Account.
3. @senecalive.com addresses are allocated first-come, first-served, subject to our approval. We may refuse or reclaim any address that violates these Terms, infringes third-party rights, impersonates others, or is otherwise undesirable in our sole discretion.
4. You are responsible for maintaining the confidentiality of your passwords, application passwords, and any API or device credentials. Notify us promptly at [email protected] if you suspect unauthorized access.
5. One person or organization may hold multiple Accounts only with our prior written consent.

3. Description of the Service

1. The Service provides custom email addresses at the senecalive.com domain, together with features that may include webmail access, IMAP/POP synchronization, forwarding (PassThru), spam and virus filtering, aliases (on eligible Plans), and related support.
2. Plan features, storage limits, attachment sizes, alias limits, and pricing are described on senecalive.com/webmail and in order confirmations. We may change Plans, limits, or pricing for new subscriptions upon notice; changes to active paid subscriptions will be communicated before they take effect when practicable.
3. The Service is a community-oriented offering. You need not reside in Seneca County, Ohio, to use it, but you agree to use the SenecaLive name responsibly and in good faith.
4. Email delivery depends on third-party networks and recipients. We do not guarantee that any message will be delivered, delivered on time, or accepted by any recipient system.

4. Fees, Billing, and Taxes

1. Fees are billed in U.S. dollars on a monthly or annual basis as you select at signup. Annual plans are prepaid for the stated term.
2. You authorize us and our payment processors to charge your chosen payment method for recurring fees until you cancel. Failed payments may result in suspension after reasonable notice.
3. Except as expressly stated in these Terms or required by law, all fees are non-refundable, including for partial billing periods, unused storage, or early termination by you. If we terminate your Account for your material breach, no refund is owed.
4. You are responsible for applicable sales, use, VAT, or similar taxes except taxes based on our net income.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, court order, or third-party right, including privacy, publicity, intellectual property, and export-control laws.
• Send unsolicited bulk email (“spam”), phishing, malware, fraud, harassment, threats, hate speech, or sexually exploitative material involving minors.
• Impersonate any person or entity or misrepresent your affiliation.
• Probe, scan, or test the vulnerability of our systems or circumvent access controls.
• Interfere with or disrupt the Service, other users, or connected networks.
• Use the Service primarily as a bulk storage, file-sharing, or backup repository unrelated to normal email use.
• Resell, sublicense, or provide the Service to third parties without our written permission.

We may monitor traffic and Content only as necessary to operate, secure, and improve the Service, enforce these Terms, comply with law, and protect users and third parties. Automated systems may scan messages for spam and viruses.

We may suspend or terminate Accounts that violate this Section, with or without prior notice when immediate action is required.

6. Your Content and License

1. You retain ownership of Content you submit through the Service, subject to rights of recipients and applicable law.
2. You grant NorthStar a limited, worldwide, non-exclusive license to host, store, reproduce, transmit, and display your Content solely to provide, maintain, secure, and support the Service and as otherwise permitted by these Terms or required by law.
3. You represent that you have all rights necessary to submit Content and that your use does not infringe third-party rights.
4. You are responsible for maintaining your own backups. The Service is not a guaranteed archive. We are not liable for lost, corrupted, or undelivered Content except as expressly stated in Section 10 regarding service discontinuation.

7. Privacy and Data Protection

1. We collect and process personal information needed to provide the Service, including account details, billing information, IP addresses, device and connection logs, and the Content of your mailbox as necessary for delivery and storage.
2. We do not sell your personal information. We may share information with subprocessors (hosting, payment, anti-abuse vendors) under contractual obligations, and when required by law or to protect rights, safety, and security.
3. Upon verified request, we will respond to applicable consumer privacy rights under U.S. state law (including California, where applicable) within legally required timeframes. Contact [email protected] with the subject line “Privacy Request.”
4. After Account closure or service discontinuation, we delete or anonymize personal information as described in Sections 10 and 11, subject to legal retention requirements.

8. Intellectual Property

The Service, SenecaLive branding, senecalive.com website, and our proprietary software and documentation are owned by NorthStar or our licensors and are protected by intellectual-property laws. These Terms grant you no right to our trademarks, logos, or brand features except to identify your @senecalive.com address in ordinary use. You may not copy, modify, reverse engineer, or create derivative works of the Service except where law expressly permits.

9. Service Availability; No Service-Level Agreement

1. The Service is provided on a commercially reasonable efforts basis. We do not guarantee uninterrupted, error-free, or secure operation.
2. Maintenance, upgrades, outages, and factors outside our control (including internet failures, third-party providers, and force majeure events) may cause interruptions. We will try to schedule maintenance during low-traffic periods when practicable.
3. No service-level agreement (SLA) applies unless we expressly agree in a separate signed writing.

10. Service Modification and Discontinuation

Important: SenecaLive Webmail is a small, community-focused product. The Service may be changed, suspended, or discontinued entirely at any time, with or without cause, in our sole discretion.

1. Changes. We may add, modify, or remove features, Plans, or limits. Material adverse changes to paid Plans will be communicated to affected Customers before they take effect when reasonably practicable.
2. Discontinuation notice. If we decide to cease operating SenecaLive Webmail (a “Shutdown”), we will use commercially reasonable efforts to provide advance notice by email to the address on file and by posting on senecalive.com. Because circumstances vary, we cannot guarantee any minimum notice period; however, when Shutdown is planned and not required by emergency (e.g., court order, critical security incident, or insolvency), we will aim for at least thirty (30) days of notice.
3. Data export before Shutdown. Before the Service ceases, we will make your Account Content available for download using one or more of the following methods, as technically feasible: full mailbox export (e.g., MBOX or equivalent), IMAP access for client-side sync, webmail download tools, or secure file delivery upon request. Instructions will be sent to your account email and posted on our website. You are responsible for completing export within the Export Window.
4. Export Window. Unless a shorter period is required by law, court order, or technical necessity, the Export Window will be at least thirty (30) days from the date we first notify you of Shutdown, or through the published shutdown date, whichever is longer. PassThru Accounts will retain forwarding during the Export Window where possible so you do not lose inbound mail while migrating.
5. Assistance. During the Export Window, we will provide reasonable support to help you retrieve Content. Contact [email protected] with subject line “Shutdown Data Export.”
6. Deletion after Shutdown. After the Export Window ends, we may permanently delete all Account Content from our systems except copies we must retain for legal, tax, accounting, fraud-prevention, or enforcement purposes, which will be held only as long as required.
7. Addresses after Shutdown. @senecalive.com addresses will stop accepting new mail on the shutdown date (or earlier if required). We do not guarantee that any address can be transferred to another provider; you should notify your contacts and update subscriptions before Shutdown.
8. Prepaid fees on Shutdown. If we initiate a planned Shutdown and you have prepaid fees for periods after the shutdown date, we will issue a pro-rata refund of unused prepaid amounts within sixty (60) days, using your original payment method when possible.
9. No continuation obligation. Nothing in these Terms obligates us to continue offering the Service, find a successor operator, or migrate you to another provider. Our obligations in this Section 10 constitute your exclusive remedy related to Shutdown.

11. Suspension and Termination by You or Us

1. By you. You may cancel at any time by emailing [email protected]. Cancellation stops future billing; access continues through the end of the paid term unless we agree to earlier deletion.
2. By us. We may suspend or terminate your Account immediately if you breach these Terms, fail to pay, pose a security or legal risk, or if we discontinue the Service under Section 10.
3. Effect of termination. Upon termination (other than a planned Shutdown covered by Section 10), we may delete Content after thirty (30) days, during which you may request export by email. We are not obligated to retain Content beyond that period.
4. Sections that by nature should survive (including 6–8, 10–17) survive termination.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. NORTHSTAR AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT CONTENT WILL BE PRESERVED WITHOUT LOSS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NORTHSTAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
2. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
3. The limitations in this Section apply to all theories of liability, including contract, tort (including negligence), strict liability, and statutory claims.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You will defend, indemnify, and hold harmless NorthStar and its members, managers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right.

15. Governing Law; Dispute Resolution

1. These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules that would apply another jurisdiction’s laws.
2. Except for claims eligible for small-claims court, you and NorthStar agree to the exclusive jurisdiction and venue of the state and federal courts located in Seneca County, Ohio, and you consent to personal jurisdiction there.
3. Informal resolution. Before filing suit, the party raising a dispute will email the other at [email protected] with a description of the claim and desired resolution. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days.
4. Class action waiver. To the extent permitted by law, disputes will be resolved only on an individual basis, not as a class, consolidated, or representative action.

16. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms at this URL and update the “Last updated” date. For material changes affecting paid Customers, we will also email notice to your account address when practicable. Continued use after the effective date constitutes acceptance. If you do not agree, you must cancel before the effective date.

17. General Provisions

1. Entire agreement. These Terms and information on our website regarding Plans constitute the entire agreement between you and NorthStar regarding the Service and supersede prior agreements on the same subject.
2. Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
3. Severability. If any provision is held invalid, the remaining provisions remain in effect.
4. No waiver. Failure to enforce a provision is not a waiver of that or any other provision.
5. Force majeure. We are not liable for delay or failure due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, government actions, and third-party service outages.
6. Electronic communications. You consent to receive communications electronically, including notices sent to your @senecalive.com address or the email provided at registration. Electronic notices satisfy any legal writing requirement where permitted.
7. Export compliance. You may not use the Service in violation of U.S. export laws or sanctions programs.
8. Children. The Service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe we have done so, contact us and we will delete it.
9. DMCA. If you believe Content on our systems infringes your copyright, send a notice to [email protected] with subject “DMCA Notice,” including identification of the work, the material, your contact information, a good-faith statement, and your signature. We may remove or disable access to allegedly infringing material and terminate repeat infringers.

18. Contact

Questions about these Terms or the Service: