1. Service Description

KiskMail, a service of Kisk.ca, provides managed, custom-domain email hosting and related tools for small businesses and individuals. Services are delivered through secure infrastructure and trusted third-party partners who handle certain backend functions such as delivery, spam filtering, and DNS management. KiskMail manages client onboarding, billing, and customer relations while ensuring all partner systems comply with Canadian data protection and anti-spam laws.

2. Acceptance of Terms

By using KiskMail, you (“Client”) agree to this Terms of Service (“Agreement”). If you do not agree, you must stop using the Service immediately. Continued use after any update constitutes acceptance of the revised terms.

3. Official Domains

The following domains are officially associated with KiskMail and its operations: kisk.ca, kiskmail.ca, and kiskmail.com. Any other domain or website claiming affiliation is not authorized by Kisk.ca.

4. Account Registration & Responsibilities

• You must provide accurate and complete information when registering.
• You are responsible for all activity under your account and for keeping your login credentials secure.
• Notify KiskMail immediately of unauthorized access or misuse.
• Accounts found with false information may be suspended or terminated.

5. Acceptable Use Policy

Clients must not use KiskMail to:

• Send unsolicited bulk or commercial messages (spam) or violate Canada’s Anti-Spam Legislation (CASL).
• Host, transmit, or distribute malicious software, phishing, or illegal content.
• Violate intellectual property rights or engage in defamatory or abusive communication.
• Interfere with or degrade system performance for other users.

KiskMail may suspend or terminate accounts for policy violations without prior notice.

6. Anti-Spam & CASL Compliance

All users must comply with CASL by ensuring:

• Recipients have given express or implied consent before receiving commercial electronic messages.
• Messages contain accurate sender identification and contact information.
• Each commercial message includes a clear and functional unsubscribe mechanism.
• No harvesting or use of third-party lists without consent.

Violations may result in immediate suspension and reporting to the appropriate authorities.

7. Privacy & Data Protection (PIPEDA Compliance)

KiskMail complies with the Personal Information Protection and Electronic Documents Act (PIPEDA).

• Personal data is collected only for service delivery and account management.
• Data may be processed by third-party partners under strict confidentiality and security measures.
• Clients may request access, correction, or deletion of their data by contacting [email protected].
• KiskMail does not sell or trade personal data.

8. Third-Party Partners

Certain backend functions such as message routing, filtering, and DNS handling are provided through third-party partners.

• Partners are vetted for reliability, compliance, and data security.
• Clients agree to abide by partner-imposed limitations and acceptable use policies.
• KiskMail is not liable for outages, delays, or losses beyond its control caused by partner systems but will coordinate prompt resolution.

9. Fair Use & Resource Limits

Each mailbox includes fair usage as part of its plan. Accounts exceeding fair limits (e.g., excessive storage or bandwidth) may be reviewed or subject to upgrade requirements. KiskMail may apply rate limits or storage caps to maintain stable service performance.

10. Billing & Payment

• Billing is managed securely via the KiskMail client portal on https://kisk.ca.
• All fees are charged in Canadian Dollars (CAD) and subject to applicable taxes.
• Payment is due at the start of each billing cycle. Accounts unpaid after 10 days may be suspended.
• Refunds are only issued when required by law.

11. Suspension & Termination

KiskMail may suspend or terminate service if the Client:

• Violates this Agreement or applicable law.
• Engages in abuse or interference with system operations.
• Fails to pay outstanding invoices after notice.

Upon termination, KiskMail may retain minimal account data for audit and legal compliance as required under PIPEDA.

12. Data Retention, Backup & Inactivity

• Clients are responsible for maintaining backups of their data unless subscribed to a managed backup service.
• Inactive accounts may be suspended after 90 days of non-payment or lack of activity.
• Deleted or terminated accounts may have data permanently removed after 30 days.

13. Email Content & Delivery

• Clients are solely responsible for the content of messages sent using KiskMail.
• KiskMail and partners may scan or filter email for spam, malware, or policy violations.
• Messages identified as high-risk or non-compliant may be rejected or quarantined.

14. Support & Escalation

Support is available via email and client portal. KiskMail provides assistance for mailbox configuration, DNS records, and service issues. Abuse or security incidents should be reported to [email protected].

15. Service Availability

KiskMail targets 99.9% uptime through redundant infrastructure and monitoring. Planned maintenance will be communicated in advance when possible. Downtime due to external factors (e.g., upstream network issues or partner outages) does not constitute service failure.

16. Limitation of Liability

To the maximum extent permitted by law, KiskMail and its partners are not liable for:

• Indirect, incidental, or consequential damages.
• Data loss, corruption, or interruption.
• Delays or failures caused by factors outside KiskMail’s reasonable control.

Total liability for any claim shall not exceed the total paid by the Client during the previous three (3) months.

17. Indemnification

Clients agree to indemnify and hold harmless KiskMail, Kisk.ca, its employees, officers, and partners against any claim, loss, or damages resulting from misuse of the Service or breach of this Agreement.

18. Intellectual Property

All trademarks, names, and service marks related to KiskMail are the exclusive property of Kisk.ca. Clients may not reproduce or misrepresent branding, software, or materials associated with the Service.

19. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Province of New Brunswick and the laws of Canada. Any disputes will be handled exclusively in the courts of Saint John, New Brunswick.

20. Amendments

KiskMail may update these Terms from time to time. The latest version will always be posted at https://kisk.ca/en/terms and https://kisk.ca/fr/terms. Continued use constitutes acceptance of the new Terms.

21. Severability & Entire Agreement

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect. This Agreement constitutes the entire understanding between the Client and KiskMail.

22. Contact Information

Email: [email protected]

Website: https://kisk.ca