Version 1 of [[TO BE DECIDED: effective date]] · PDF of this version
Provider: Virtual Solution S.r.l., registered office at Via San Mama 113, 48121 Ravenna (RA), VAT no. IT01480930393, REA RA-162537, share capital € 10.000 i.v., certified email (PEC) virtualsolution@pec.it (the "Provider").
Service: QMail365 (https://stg.qmail365.com).
Art. 1 – Purpose and scope
1.1. This policy says what you must not do with the service and how the Provider acts when a rule is broken.
1.2. It applies to everyone: the customer, the users of its mailboxes, resellers and resellers' customers.
1.3. It is part of the General Terms of Service. For suspension, termination, liability and data after closure, Arts. 14, 20.5, 22 and 21 of the General Terms apply. If this policy conflicts with the General Terms, the General Terms prevail.
1.4. The customer makes every user it authorises comply with this policy. A reseller makes its own customers comply, with its own terms, which must be no less strict than these.
Art. 2 – Spam and unsolicited email
2.1. You must not send commercial or promotional messages to people who have not given consent, where the law requires consent.
2.2. You must not send messages to addresses collected without consent, bought, taken from third-party lists or generated automatically.
2.3. You must not forge headers or the sender, or hide where a message comes from.
2.4. You must not use the service as the destination or the reply address for campaigns sent from other systems in breach of this article.
Art. 3 – Mailbox sending limits and bulk email
3.1. Mailboxes are for personal and business correspondence. They are not for campaigns, newsletters or bulk sending.
3.2. Each mailbox has a technical limit of 100 messages per hour and 1,000 messages per day for messages sent from email clients (authenticated SMTP). Sending from the webmail has its own limit [[TO BE VERIFIED: value of the webmail limit, mailsend/guard.go]]. Above the limit the server temporarily rejects new messages and explains why; sending starts again by itself once the counting window frees up.
3.3. Each message sent from an email client may have at most 100 recipients [[TO BE VERIFIED: webmail limit]]. There are also rate limits per connecting IP address and, during the free trial, lower limits for the whole account (General Terms, Art. 6.2).
3.4. These limits protect users and the reputation of shared IP addresses. They are not a commercial quota. The Provider may change them for security reasons. If a change significantly reduces use of the service, the Provider gives at least [[TO BE DECIDED: N]] days' notice, except for urgent security reasons, and Art. 25 of the General Terms applies.
3.5. You must not get around the limits, for example by splitting one mailing across several mailboxes or accounts.
3.6. For bulk email there is the Email Delivery module, where it is enabled for the customer. The Provider or the reseller enables it after a review. With this module the customer must:
- a) send only from verified domains;
- b) stay within the plan's hourly and monthly quotas;
- c) for marketing messages, have valid DMARC authentication on the domain and put a working unsubscribe link in every message;
- d) stop writing to addresses that have unsubscribed, complained or turned out not to exist; the service blocks them automatically;
- e) keep recipient complaints below 0.1% and bounces below 5%, the levels above which the measures in Art. 9.3 apply;
- f) if it enables click tracking, inform recipients and collect consent where the law requires it.
Art. 4 – Phishing, malware and fraud
4.1. The following are prohibited:
- a) messages or pages that pretend to be another person or organisation to obtain credentials, payment details or other data;
- b) sending or sharing viruses, ransomware, trojans or other malicious code, including inside archives or via links;
- c) scams, chain letters and pyramid schemes.
4.2. The service automatically scans outgoing mail and files shared via links. Messages judged to be spam may be rejected. Files with known malware and active file types (HTML pages, SVG, scripts, executables) cannot be shared as a public link. Scanning does not guarantee that all harmful content is found. The customer remains responsible for what it sends.
Art. 5 – Illegal content
5.1. You must not use the service to store, send or share:
- a) child sexual abuse material;
- b) content inciting terrorism, violence or hatred, where prohibited by law;
- c) content infringing copyright, trademarks or other third-party rights;
- d) third-party personal data processed without a legal basis;
- e) threats, harassment, defamation and other content that is illegal under Italian or EU law.
5.2. The service's automated checks target spam and malware. The Provider does not monitor email content to look for other illegal activity: it acts when it receives a substantiated notice, an order from an authority or a signal from the automated checks described in this policy.
Art. 6 – Resource abuse
6.1. You must not:
- a) use the service in a way that harms its operation for other customers, for example with excessive connections or requests, or with scripts that poll the server continuously;
- b) use mailboxes as file storage or as backup unrelated to email;
- c) use large-file links to distribute files to the public on a massive scale, like a download service;
- d) resell or transfer access to the service without a reseller agreement with the Provider.
6.2. The service applies technical limits on storage, the number and size of shared files, downloads and request rates. Reaching them is not a breach. Getting around them is.
Art. 7 – Security
7.1. The customer and users:
- a) keep their credentials, app passwords and API keys safe, and do not share them;
- b) use two-factor authentication when it is required;
- c) tell the Provider or their administrator immediately if they suspect unauthorised access.
7.2. You must not:
- a) try to access other people's mailboxes, accounts or systems;
- b) run scans, penetration tests or load tests against the Provider's infrastructure without a written agreement;
- c) get around authentication, anti-spam, limits or the isolation between customers.
7.3. If an account appears compromised (for example many outgoing messages rejected as spam, many blocked files, complaints), the Provider may restrict it immediately under Art. 9, to stop the abuse and protect other customers.
Art. 8 – Reporting abuse
8.1. Anyone can report abuse or content they believe is illegal:
- a) for files shared via links, with the "Report" button on the download page;
- b) in all other cases, by writing to [[TO BE DECIDED: dedicated abuse address on the brand domain, e.g. abuse@; otherwise info@qmail365.com]].
8.2. A notice must contain:
- a) the reasons why the content is considered illegal;
- b) where the content is (link or full message headers);
- c) the name and email address of the notifier, optional for notices about child sexual abuse;
- d) a statement of good faith about the accuracy of the notice.
8.3. The Provider confirms receipt of notices sent with the "Report" button; notices sent by email are answered by a person. It reviews every notice diligently, objectively and in a non-arbitrary way, and tells the notifier its decision, where a contact was given, stating whether automated means were used. [[TO BE DECIDED: response time to state; the configured value for files is 24 business hours but it is not a contractual commitment]]
8.4. Point of contact for authorities (Art. 11 of Regulation (EU) 2022/2065): [[TO BE DECIDED: address]], in Italian and English. Point of contact for users (Art. 12): info@qmail365.com. A person answers, not only an automated system.
8.5. Anyone who frequently sends manifestly unfounded notices may, after a warning, have them disregarded for a reasonable period. [[TO BE DECIDED]]
Art. 9 – Graduated measures
9.1. The Provider acts proportionately. It considers how serious the breach is, whether it is repeated, the risk to other customers and third parties, and the customer's good faith.
9.2. The measures, from the lightest to the most serious, are:
- a) a warning to the customer and, where there is one, the reseller, asking them to fix the problem;
- b) a restriction: a lower sending rate, sending from separate IP addresses, or blocking a single file or link;
- c) suspension of a feature (for example large files for one mailbox, sending from one mailbox, or the Email Delivery module);
- d) suspension of the service for the customer (Art. 14 of the General Terms);
- e) termination of the contract (Art. 20.5 of the General Terms), with the data rules in Art. 21.
9.3. For the Email Delivery module and the customer's outgoing mail, some measures apply automatically based on technical thresholds:
- a) bounces above 5% or complaints above 0.1%: shown in the panel only;
- b) bounces above 10%, complaints above 0.2% or many messages rejected as spam: lower sending rate;
- c) complaints above 0.3%: sending from separate IP addresses, at a lower rate;
- d) complaints above 1% or bounces above 30%: Email Delivery sending suspended.
The customer and the reseller are notified. When the indicators return to normal, automatic restrictions are lifted by themselves. [[TO BE DECIDED: publish the thresholds or only the criteria; TO BE VERIFIED: reputation job active in production]]
9.4. The Provider may go straight to the more serious measures, without prior warning, when:
- a) there is child sexual abuse material, malware or phishing;
- b) an account is compromised;
- c) serious harm to the infrastructure or to the reputation of shared IP addresses is under way;
- d) an authority orders it.
9.5. Except for non-payment and disputed charges (Art. 10 of the General Terms), suspending access to a mailbox is always decided by a person, never automatically.
9.6. Statement of reasons. When it restricts, suspends or closes, the Provider tells the customer on a durable medium, no later than when the measure takes effect:
- the measure, its scope and its duration;
- the facts and circumstances;
- whether the decision was taken, or the case detected, by automated means;
- the contractual or legal ground;
- how to contest it.
It withholds this only where an authority's order forbids it.
9.7. Appeal. The customer may contest a measure:
- for blocked files and links, from the webmail, within six months of the decision;
- in other cases, by writing to the point of contact for users in Art. 8.4 [[TO BE DECIDED: response times]].
A person reviews the appeal. The outcome is communicated with reasons. If the appeal is upheld, the measure is lifted without delay.
9.8. For business customers, measures taken for an established breach give no right to refunds or compensation. Consumers keep their statutory rights: if a measure removes access to the service for a breach that is then not established, the lost period is made up or refunded; if the Provider terminates the contract, it refunds the unused share of the fee [[TO BE VERIFIED with counsel: wording for consumers, Arts. 33–36 and 135-vicies bis of the Consumer Code]].
9.9. The Provider cooperates with authorities as required by law. It promptly informs the competent authorities when it becomes aware of information giving rise to a suspicion of a criminal offence threatening people's life or safety (Art. 18 of Regulation (EU) 2022/2065).
Art. 10 – Resellers
10.1. The reseller:
- a) handles notices about its own customers first;
- b) applies the measures in Art. 9 with the panel tools.
10.2. The Provider may still act directly when the reseller does not act or when the abuse harms the shared infrastructure.
Art. 11 – Changes
11.1. The Provider may update this policy for legal or security reasons or because the service changes. Significant changes are announced at least [[TO BE DECIDED: 30]] days in advance, by email to administrators and on the website, with the termination rights in Art. 25 of the General Terms.
11.2. The version in force is published at https://stg.qmail365.com, also in a machine-readable format [[TO BE DECIDED: format]].
Art. 12 – Language
12.1. This policy is available in Italian and English. If they conflict, the Italian text prevails, unless the English text is more favourable to the consumer.