Terms and conditions

Mail Penguins Terms of Service

Effective date: October 4, 2026
Last updated: October 4, 2026

These Terms of Service govern access to and use of Mail Penguins, including its website, email campaign tools, contact management, email delivery, reporting, and related services.

Mail Penguins is a service operated by White Label Web Agency, based in Mariposa, California 95338 (“we,” “us,” or “our”). Mail Penguins is the service name, not a separate legal entity.

Access to the service is arranged directly with our clients and their authorized users.

By accepting these Terms when access is arranged, you agree to them. If you accept on behalf of a business or organization, you confirm that you have authority to bind that business or organization.

1. Accounts and Authorized Users

You must be at least 18 years old and authorized to use the service.

You must provide accurate account information and keep it current. You are responsible for protecting your login credentials and for activities conducted by you or users you authorize.

You must not share credentials with unauthorized persons, impersonate another person or organization, or attempt to access accounts without permission.

Notify us promptly if you suspect unauthorized access or a security incident.

2. Our Services

Mail Penguins provides tools to create and send email campaigns, manage contacts, and review campaign activity.

Features, sending allowances, support, and operational arrangements are agreed directly with each client.

We may modify the service to maintain security, comply with law, or improve functionality. Where practicable, we will provide reasonable notice of material changes that adversely affect your use.

We do not guarantee uninterrupted availability, inbox placement, specific delivery rates, or marketing results.

3. Permission-Based Email

Mail Penguins requires permission-based email marketing. You must have valid permission to send marketing emails to your recipients and retain records demonstrating that permission.

You must not use purchased, rented, scraped, harvested, or otherwise improperly obtained contact lists.

You are responsible for complying with applicable privacy, advertising, consumer protection, and anti-spam laws relevant to your activities and recipients.

Your emails must:

Accurately identify the sender.
Use truthful subject lines and message content.
Include legally required sender and contact information.
Provide an effective unsubscribe mechanism where required.
Respect recipient preferences and suppression records.

You must process unsubscribe requests within applicable legal deadlines. You must not bypass suppression lists or re-add unsubscribed recipients without valid renewed permission.

4. Acceptable Use

You must not use the service to:

Send spam, phishing messages, scams, or deceptive communications.
Distribute malware or compromise accounts, devices, or networks.
Promote illegal activities or distribute unlawful content.
Infringe intellectual property, privacy, or other rights.
Harass, threaten, or unlawfully discriminate against others.
Misrepresent your identity, affiliation, products, or services.
Circumvent sending limits, account restrictions, or security controls.
Interfere with the service or damage email delivery infrastructure.
Upload sensitive personal information unless we have expressly agreed to support that processing with appropriate safeguards.

We may request information about your contact sources, consent records, or campaigns to investigate potential abuse. You must cooperate reasonably with these requests.

5. Your Content and Contact Data

You retain ownership of the content, contact information, and other materials you provide.

You grant White Label Web Agency a limited right to host, copy, transmit, display, and process those materials as necessary to provide the service, maintain security, comply with law, and carry out your lawful instructions.

You are responsible for the accuracy and legality of your materials and for obtaining the permissions necessary to upload and process them.

You should maintain appropriate copies of important content and contact records. Mail Penguins should not be your sole backup.

6. Privacy and Data Processing

Our Privacy Policy explains how personal information is handled.

For subscriber and contact data processed on your behalf, you generally determine the purposes of processing. We process that data to provide the service under your lawful instructions. Each party remains responsible for its applicable legal obligations.

Where applicable law requires a separate data processing agreement or safeguards for international transfers, those arrangements must be established before the relevant processing begins. These Terms do not replace them.

We may use service providers for hosting, email delivery, security, and other operational functions, subject to applicable legal and contractual requirements.

7. Third-Party Services

Mail Penguins may depend on third-party infrastructure, including email delivery providers such as Amazon Simple Email Service.

A connected third-party account may be subject to that provider’s terms and policies. You are responsible for credentials, permissions, configuration, and any separately incurred charges associated with accounts you supply.

Third-party restrictions, outages, or policy enforcement may affect service availability or sending capability. We do not control those providers.

8. Service Access and Charges

Access is arranged directly with each client.

These Terms do not establish subscription fees, automatic renewals, payment obligations, or refund conditions. Any charges or billing arrangements must be disclosed and separately agreed before they apply.

We will not charge you solely because you use the service under these Terms.

You may request cancellation by contacting us. Cancellation and data handling are subject to Section 9 and any separately agreed service arrangements.

9. Suspension and Termination

We may restrict sending, suspend access, or terminate an account where reasonably necessary because of:

A material breach of these Terms.
Suspected spam, fraud, unlawful conduct, or security threats.
Excessive complaints, bounces, or activity threatening email delivery infrastructure.
Failure to provide reasonably requested compliance information.
Legal requirements or restrictions imposed by an infrastructure provider.

Where practicable, we will explain the reason and provide an opportunity to resolve the issue. Immediate action may be necessary to protect recipients, clients, or the service.

We may also discontinue the service with reasonable notice where practicable.

After termination, account access and sending privileges end. Where lawful and technically practicable, we will provide a reasonable opportunity to export your data. Retention and deletion remain subject to our Privacy Policy, applicable agreements, and legal obligations.

10. Intellectual Property

The Mail Penguins branding, website design, software, and service materials belong to White Label Web Agency or its licensors.

You receive a limited, nonexclusive right to use the service during your authorized access period. You may not copy, resell, or exploit proprietary materials beyond the rights expressly granted or permitted by law.

11. Service Disclaimers

To the extent permitted by law, the service is provided “as is” and “as available,” without warranties beyond those expressly stated in a separate applicable agreement.

Email delivery and reporting depend on recipient systems, privacy features, network conditions, and other factors outside our control. Reports may not provide a complete or exact record of recipient activity.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

12. Limitation of Liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential losses, including lost profits, arising from these Terms.

Nothing in these Terms excludes or limits liability for fraud, deliberate misconduct, or liability that cannot legally be excluded or limited. These Terms do not restrict mandatory consumer rights or other protections under applicable law.

13. Indemnification and Hold Harmless

To the extent permitted by law, you agree to indemnify and hold harmless White Label Web Agency and its personnel from third-party claims, damages, liabilities, and reasonable costs, including reasonable legal fees, to the extent caused by:

Unlawful email campaigns or content you provide.
Your use of contact information without the necessary permission or legal authority.
Your infringement of another party’s intellectual property, privacy, or other rights.
Your material breach of these Terms.

This obligation does not apply to the extent a claim results from our breach of these Terms, negligence, fraud, willful misconduct, or violation of law.

We will promptly notify you of any claim for which we seek indemnification and reasonably cooperate in its resolution. Delayed notice will reduce your obligations only to the extent the delay materially prejudices your defense.

You may control the defense using qualified counsel reasonably acceptable to us. You may not settle a claim in a way that admits wrongdoing by us, imposes obligations on us, or fails to release us from the claim without our prior written consent.

This provision addresses third-party claims and does not waive your right to bring a claim against us. It does not impose an immediate duty to defend or advance defense costs. Reasonable covered defense costs are reimbursable once your indemnification obligation is established by agreement or final determination.

14. Changes to These Terms

We may update these Terms and will publish the revised version with an updated date.

For material changes affecting existing users, we will provide reasonable advance notice through email or the platform, except where urgent legal or security circumstances require earlier action.

If you disagree with a material change, you may stop using the service and request cancellation before it takes effect. We will obtain renewed agreement where required by law.

Changes to these Terms alone will not introduce charges without the separate agreement required by Section 8.

15. Resolving Concerns

Please contact us if you have a concern or dispute concerning the service. We will attempt in good faith to resolve it through written communication.

This section does not require arbitration, designate a governing law or court, or limit rights available under applicable law.

16. General Provisions

If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a provision does not waive the right to enforce it later.

These Terms and any expressly agreed supplemental agreement form the agreement concerning the service. A signed supplemental agreement controls where it expressly overrides these Terms.

17. Contact Us

Mail Penguins
A service operated by White Label Web Agency
Location: Mariposa, California 95338
Website: https://mailpenguins.com
Email: privacy@mailpenguins.com