The following are the terms and conditions for use of the
FastMail.FM service (referred to as the
"Service") provided by
The FastMail Partnership,
ABN 92 500 291 991,
PO Box 90, Parkville, Victoria, Australia, 3052
(referred to as the "Service Provider")
Please read them carefully. This Service is provided to individuals
who are at least 18 years old or minors who have parental permission
to open and maintain an account. BY CLICKING THE "I agree" LINK AND
COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE
ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE
TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to
you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account.
You agree to notify the Service Provider immediately of any
unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY
It is the Service Provider's policy to respect the privacy of its
members. The Service Provider will not monitor, edit, or disclose any
personal information about you or your use of the Service, including
its contents, without your prior permission unless the Service Provider
has a good faith belief that such action is necessary to: (1) conform
to legal requirements or comply with legal process; (2) protect and
defend the rights or property of the Service Provider; (3) enforce the
TOS; or (4) act to protect the interests of its members or others. the
Service Provider may provide certain user information in aggregate form
to third parties for demographics. In addition, your Internet Protocol
address is transmitted with each message sent from your account.
Some personal information you provide to the Service Provider may
be stored outside of the country in which you reside.
You agree that the Service Provider may access your account,
including its contents, as stated above or to respond to service or
technical issues.
For a copy of our Privacy Policy see here.
3. MESSAGE STORAGE, FILE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per user may be limited (see the
FAQ for details). Some sent or received messages, or uploaded or
downloaded files may not be processed due to space constraints or other
limitations. You agree that the Service Provider is not responsible
or liable for the deletion or failure to store messages, files or other
information.
Where free accounts are provided, you agree that you will not
create more than one free account to be used by one person.
4. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to the
Service Provider that you will not use the Service for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices.
Users with free accounts agree to use the Service only to
send, receive, upload and publish personal messages and content.
Any unauthorized commercial use of the Service, or the resale of
its services, is expressly prohibited. Paying users of the Service
are authorised to use the Service for business-related communications,
but may not resell the Service or use it in ways not permitted by
other clauses of this document, including but not limited to use
in connection with Unsolicated Commercial Email, multi-level
marketing schemes, or illegal activies.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for all
acts or omissions that occur under your account or password, including
the content of your transmissions through the Service, or any content
you upload or publish through the Service. By way of example,
and not as a limitation, you agree not to:
Use the Service in connection with surveys, contests, pyramid schemes,
multi-level marketing schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others. Publish,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information.
Harvest or otherwise collect information about others, including
email addresses, without their consent. Create a false identity for
the purpose of misleading others as to the identity of the sender or
the origin of a message. Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity that is not a Service
member any directory of the Service members or other user or usage
information or any portion thereof other than in the context of your
use of the Service as permitted under the TOS. Knowingly transmit
or upload any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy
or publicity or any other applicable law unless you own or control the
rights thereto or have received all necessary consents. Interfere with
or disrupt networks connected to the Service or violate the regulations,
policies or procedures of such networks. Attempt to gain unauthorized
access to the Service, other accounts, computer systems or networks
connected to the Service, through password mining or any other means.
Violate any applicable laws or regulations including, without limitation,
laws regarding the transmission of technical data or software exported
from the United States through the service. Interfere with another
member's use and enjoyment of the Service or another individual's or
entity's use and enjoyment of similar services.
The Service Provider has no obligation to monitor the Service or any
user's use thereof or retain the content of any user session. However,
the Service Provider reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE
WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL
OF THE SERVICE PROVIDER AND THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SERVICE PROVIDER IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. THE SERVICE PROVIDER IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY THE SERVICE PROVIDER OF THE SITE OR ANY ASSOCIATION WITH
THEIR OPERATORS.
6. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the
Service may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. The Service Provider
and/or its respective suppliers may make improvements and/or changes
in the Service at any time.
The Service Provider does not represent or warrant that the Service
will be uninterrupted or error-free, that defects will be corrected,
or that the Service or the server that makes it available, are free
of viruses or other harmful components. The Service Provider does not
warrant or represent that the use or the results of the use of the
Service or the materials made available as part of the Service will be
correct, accurate, timely, or otherwise reliable.
You specifically agree that the Service Provider shall not
be responsible for unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or not sent
or received, or any transactions entered into through the Service. You
specifically agree that the Service Provider is not responsible or liable
for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that the
Service Provider is not responsible for any content sent using and/or
included in the Service by any third party.
The Service Provider reserves the right to assign its rights and
responsibilities under this agreement to any 3rd party.
THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SERVICE PROVIDER
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE SERVICE PROVIDER AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH
THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE SERVICE PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE AND ITS RELATED WEB SITES.
7. INDEMNIFICATION
You agree to indemnify and hold the Service Provider, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys' fees, asserted
by any third party due to or arising out of your use of or conduct on
the Service.
8. TERMINATION
The Service Provider may terminate your access to any part or all of
the Service and any related service(s) at any time, with or without
cause, with or without notice, effective immediately, for any reason
whatsoever, with or without providing any refund of any payments.
The Service Provider may also terminate or suspend your account for
inactivity, which is defined as failing to sign-in to the Service for
an extended period of time, as determined by the Service Provider. The
amount of time that the Service Provider currently considers as an
"extended" period of time may be viewed from the Help link. Upon
termination of the Service, your right to use the Service immediately
ceases.
The Service Provider shall have no obligation to maintain any content
in your account or to forward any unread or unsent messages to you or
any third party.
8.1. NO REFUNDS
Any refunds are at the sole discretion of the Service Provider.
The service provider shall have no obligation to refund
any portion of any payments, in the event that You wish to
discontinue use of all or part of the Service, or in the event
that your access is terminated by the Service Provider.
9. NO SPAM; DAMAGES
The Service Provider will immediately terminate any account which
it believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email. In addition,
because damages are often difficult to quantify, if actual damages
cannot be reasonably calculated then you agree to pay the Service
Provider liquidated damages of $5 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with your account,
otherwise you agree to pay the Service Provider's actual damages, to
the extent such actual damages can be reasonably calculated.
10. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or electronically distributed,
commercially produced information presented to you by the Service, by
the Service Provider, or the Service Provider's Advertisers or other
content providers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You may make a copy
of this content for your personal, non-commercial use only, provided
that you keep all copyright and other proprietary notices intact. You
may not modify, copy, reproduce, republish, upload, post, transmit,
or distribute in any way content available through the Service and its
associated Web sites, including code and software.
11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
The Service Provider reserves the right to change the TOS or policies
regarding the use of the Service at any time and to notify you by posting
an updated version of the TOS on this Web site. You are responsible
for regularly reviewing the TOS. Continued use of the Service after
any such changes shall constitute your consent to such changes.
12. GENERAL
This agreement is governed by the laws of the State of Victoria,
and Australia, without regard to the conflict or choice of law rules
thereof. The courts sitting in the State of Victoria, Australia shall
have exclusive jurisdiction over any dispute arising hereunder. Use
of the Service is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the Service
Provider as a result of this agreement or use of the Service. the Service
Provider's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of the Service Provider's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the
Service or information provided to or gathered by the Service Provider
with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
the Service Provider with respect to the Service (excluding the use
of any software which may be subject to an end-user license agreement)
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and the
Service Provider with respect to the Service. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. You and the Service Provider agree that any cause of action
arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action
is permanently barred. The section titles in the TOS are solely used
for the convenience of the parties and have no legal or contractual
significance.
13. LANGUAGE
It is the express will of the parties that this agreement and all
related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
14. CONTENT UPLOADED BY MEMBERS
The Service Provider does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with respect
to Content you submit or make available for public or shared access
on the Service, you grant a world-wide, royalty free and non-exclusive
license(s) to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the
purpose for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove
or the Service Provider removes such Content from the Service.
COPYRIGHT AND TRADEMARK NOTICES: All source code, executable code,
page designs and other copyrightable material are Copyright © 1999-2006
The FastMail Partnership and/or
The FastMail Partnership or used under license from the
copyright owner. All rights reserved.
Any rights not expressly granted herein are reserved.